TC Packet 04-30-2019TOWN OF AVON , COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 30, 2019
AVON TOWN HALL, 100 MIKAELA WAY
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 4:00 PM
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, AVON PUBLIC LIBRARY & AVON ELEMENTARY SCHOOL
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK BRENDA TORRES AT 970-748-4022 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
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AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 4:00 PM (SEE AGENDA BELOW)
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM (SEE SEPARATE AGENDA PAGE 3)
1.CALL TO ORDER AND ROLL CALL 4:00
2.TOUR OF 351 BENCHMARK BUILDING (OLD FIRE STATION) 4:00
3.ACTION TO CONTINUE THE REGULAR MEETING IN ORDER TO CALL TO ORDER THE AVON LIQUOR AUTHORITY MEETING
(MAYOR SMITH HYMES) 5:00
4.ACTION TO RESUME THE COUNCIL PUBLIC MEETING (MAYOR SMITH HYMES) 5:05
5.APPROVAL OF AGENDA
6.PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 5:10
*AN INITIAL THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK. SPEAKER MAY REQUEST MORE
TIME AT THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL.
7.PRESENTATIONS
7.1. PROCLAMATION HONORING THE COMMUNITY SWIM PROGRAM, ITS COACHES, INSTRUCTORS AND SWIMMERS
(RECREATION DIRECTOR JOHN CURUTCHET) (10 MINUTES) 5:15
7.2. SWEARING IN AND BADGE PINNING OF SERGEANT TYLER CHURCHES AND SERGEANT ERIC BENSON
(POLICE CHIEF GREG DALY) (10 MINUTES) 5:25
7.3. AVON POLICE DEPARTMENT PRESENTATION AND 2018 PD AWARDS (POLICE CHIEF GREG DALY)
(30 MINUTES) 5:35
8.WORK SESSION
8.1. WILDRIDGE SUBDIVISION WILDLAND FIRE MITIGATION AND EMERGENCY PREPAREDNESS WORK SESSION
(KARL BAUER, ERFPD FIRE CHIEF) (35 MINUTES) 6:05
8.2. REVIEW AND DIRECTION ON COLORADO CLASSIC HOST CITY AGREEMENT (TOWN MANAGER ERIC HEIL)
(15 MINUTES) 6:40
9.ACTION ITEMS
9.1. INTERVIEWS AND APPOINTMENT OF UP TO FOUR PLANNING AND ZONING COMMISSION MEMBERS
(PLANNING DIRECTOR MATT PIELSTICKER) (30 MINUTES) 6:55
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 30, 2019
AVON TOWN HALL, 100 MIKAELA WAY
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 4:00 PM
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK BRENDA TORRES AT 970-748-4022 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
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9.2. DISCUSSION AND ACTION ON 351 BENCHMARK BUILDING (DEPUTY TOWN MANAGER PRESTON NEILL)
(20 MINUTES) 7:25
9.3. RESOLUTION 19-04 APPROVING 2019 SPECIAL EVENTS (DEPUTY TOWN MANAGER PRESTON NEILL)
(10 MINUTES) 7:45
9.4. REVIEW AND APPROVAL OF THE TOWN ATTORNEY REQUEST FOR PROPOSAL (TOWN MANAGER ERIC HEIL)
(10 MINUTES) 7:55
9.5. CONSENT AGENDA (5 MINUTES) 8:05
9.5.1. AUTHORIZATION FOR POLICE CHIEF GREG DALY TO SIGN A COOPERATIVE INTERGOVERNMENTAL
AGREEMENT FOR USE OF THE 800 MHZ SYSTEM IN THE EAGLE RIVER VALLEY (POLICE CHIEF GREG DALY)
9.5.2. APPROVAL OF MINUTES FROM APRIL 9, 2019 REGULAR COUNCIL MEETING(TOWN CLERK BRENDA TORRES)
10. WORK SESSION
10.1. UPDATE ON WEST BENCHMARK ROAD ON-STREET PARKING PROJECT (TOWN ENGINEER JUSTIN HILDRETH)
(15 MINUTES) 8:10
11. WRITTEN REPORTS
11.1. AVON POLICE DEPARTMENT SIX-MONTH UPDATE (POLICE CHIEF GREG DALY)
11.2. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT NELLY BURNS)
12. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:25
13. ADJOURNMENT 8:40
_________________________________________________________________________________________________________________________________________________________________________________________________________
*Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members
of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda
and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit
public comments for any action item or work session item, and may permit public comment for any other agenda item, and may limit such public
comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public
Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05.
TOWN OF AVON, COLORADO
TOWN OF AVON MEETINGS FOR TUESDAY, APRIL 30, 2019
AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, 100 MIKAELA WAY
_______________________________________________________________________________
MEETING AGENDAS & PACKETS ARE FOUND AT: HTTP://WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK BRENDA TORRES AT 970-748-4022 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
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1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
4. PUBLIC HEARING SPECIAL EVENTS PERMIT
4.1. APPLICANT NAME: BEAVER CREEK RESORT COMPANY OF COLORADO
EVENT NAME: BEAVER CREEK RODEO SERIES
EVENT DATE: JUNE 20 & 27, JULY 11 & 18, AUGUST 01, 08 & 15, 2019; 4:00 P.M. UNTIL 10:00 P.M.
LOCATION: TRAER CREEK LOT 1
EVENT MANAGER: RACHEL LAUX
PERMIT TYPE: MALT, VINOUS AND SPIRITUOUS LIQUOR
5. APPROVAL OF THE MINUTES FROM APRIL 9, 2019 MEETING
6. WRITTEN REPORT
6.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES)
7. ADJOURNMENT
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, April 9, 2019
AVON TOWN HALL, 100 MIKAELA WAY
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1.CALL TO ORDER AND ROLL CALL
Chairwoman Smith Hymes called the meeting to order at 5:02 p.m. A roll call was taken and Board members
present were Amy Phillips, Scott Prince, Jennie Fancher, Chico Thuon, Tamra N. Underwood and Jake Wolf.
Also present were Town Attorney Eric Heil, Police Chief Greg Daly, Finance Director Scott Wright, Recreation
Director John Curutchet, Public Works Director Gary Padilla, Town Engineer Justin Hildreth, Acting Town
Manager Preston Neill and Secretary Brenda Torres.
2.APPROVAL OF AGENDA
There were no changes to the agenda.
3.PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
No public comments were made.
4.PUBLIC HEARING FOR NEW HOTEL AND RESTAURANT LIQUOR LICENSE
4.1. APPLICANT NAME: D & D INC D/B/A PHO BAY
LOCATION: 101 FAWCETT ROAD UNITS 180, 185 AND LCE UNIT 112
TYPE: HOTEL AND RESTAURANT LIQUOR LICENSE
MANAGER: DENNY DUONG
ACTION: RESOLUTION NO. 19‐01
Chairwoman Smith Hymes opened the public hearing and no comments were made. Manager Denny Duong
was present to answer any questions. Mr. Duong provided answers to several questions from Board
members.
Board member Fancher moved to approve the New Hotel and Restaurant Liquor License application for D &
D INC d/b/a Pho Bay. Board member Prince seconded the motion and it passed unanimously by those
present.
5.APPROVAL OF THE MINUTES FROM FEBRUARY 26, 2019 MEETING
Board member Underwood added a supplement to the minutes. Board member Fancher moved to approve
the minutes from February 26, 2019 Liquor Authority Meeting with the new addition. Board member Wolf
seconded the motion and it passed unanimously by Board members present.
6.WRITTEN REPORT
6.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES)
Board member Underwood requested to add to the written reports if any comments or complaints were
received for the applicant for the last year.
7.ADJOURNMENT
There being no further business to come before the Board, Board member Underwood moved to adjourn the
liquor meeting. Board member Fancher seconded the motion and it passed unanimously by Board members
present. The time was 5:08 p.m.
TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, April 9, 2019
AVON TOWN HALL, 100 MIKAELA WAY
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RESPECTFULLY SUBMITTED:
____________________________________
Brenda Torres, Secretary
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips ___________________________________
Jake Wolf ________________________________
Chico Thuon ________________________________
Jennie Fancher ________________________________
Scott Prince ________________________________
Tamra Underwood ________________________________
AVON LIQUOR LICENSING AUTHORITY
WRITTEN REPORT
To: Avon Liquor Licensing Authority
From: Brenda Torres, Liquor Licensing Authority Secretary
Date: April 30, 2019
Topic: REPORT ON RECENT ADMINISTRATIVE APPROVALS
SUMMARY:
The Town’s local liquor licensing regulations allow for administrative review and approval of routine liquor
license applications, including: (1) Renewals, (2) Modification of Ownership, (3) Modification of Managers,
and (4) Special Event Permits for events already approved by the Town Council. Requirements for
administrative approval include that the application is complete, there is no new criminal activity on the
background and there are no liquor code violations during the last year. Renewals and Special Event Permits
require notice to be posted for seven days and require the Town Clerk to accept comments and/or requests
for a public hearing before the Avon Town Council. In all cases, the Town Clerk has the discretion to refer
the application to the Avon Town Council. The Town Clerk is required to report administrative approvals,
which is the reason for this written report. Dating back to April 9, 2019, the Town has received one Liquor
License Renewal Applications that has met all the requirements for administrative review and approval and
was ultimately approved by the Town Clerk. No comments, complaints, or requests for hearings were
received. It is as follows:
Applicant: Benchmark Liquors INC d/b/a Beaver Liquors
Location: 110 East Beaver Creek Blvd
Type: Liquor Store (City)
Manager: David Courtney
OFFICIAL PROCLAMATION
TOWN OF AVON, COLORADO
A PROCLAMATION HONORING THE AVON
COMMUNITY SWIM PROGRAM, ITS COACHES, INSTRUCTORS AND SWIMMERS
WHEREAS, a quality and inclusive community swim program contributes to the fabric of
the community; and
WHEREAS, a community swim program teaches and promotes a lifelong activity,
and;
WHEREAS, instructors and coaches of the Town of Avon’s Community Swim Program are
mentoring the youth of the community, and;
WHEREAS, the program fosters virtues of teamwork, sportsmanship and camaraderie,
and promotes water safety awareness to the members of our community, and;
WHEREAS, the program promotes confidence and esteem in all participants, and;
WHEREAS, the Avon Narwhals Swim Team produced the first state champion swimmer
from our region.
NOW, THEREFORE BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO, AS FOLLOWS:
The Avon Town Council recognizes and honors the dedication of the coaches and
instructors of the Avon Community Swim Program and commends the effort of all its participants.
PROCLAIMED THIS 30th day of April 2019
TOWN OF AVON
BY: ATTEST:
________________________________ ____________________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
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TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith‐Hymes and Avon Town Council
From: Greg Daly, Chief of Police
Meeting Date: April 30, 2019
Agenda Topic: SWEARING IN AND BADGE PINNING CEREMONY OF NEWLY PROMOTED SERGEANTS CHURCHES
AND BENSON
SWEARING IN AND BADGE PINNING CEREMONY
Tonight, we will join Tyler Churches and Eric Benson, their families and the First Responder
Community as Tyler and Eric take their oaths as Avon’s new Police Sergeants and receive their
insignia.
Sergeant Churches and Sergeant Benson each participated in a robust, challenging and
comprehensive testing in March 2019. There were over eighteen assessors involved from our
community and partner first responder agencies.
Sergeant Churches joined Avon PD in December of 2013. Prior to that, he was a detentions
deputy with the Eagle County Sheriff’s Office. Sergeant Churches is also a U.S. Army combat
veteran, having served in Iraq. Sergeant Churches is currently in his final semester for his
Bachelor’s degree in leadership and management at Colorado Mountain College.
Sergeant Benson graduated from Basalt High School in Basalt, CO, and then graduated with a
Bachelor’s degree in telecommunications and film from Baylor University in Waco, TX. Sergeant
Benson previously worked as a code enforcement officer and police officer with Vail PD before
he joined Avon PD in February 2017. Sergeant Benson has served as our school resource officer
at Avon Elementary School.
It is a long‐standing tradition in the First Responder Community that a Badging Ceremony is held
upon completion of Police or Fire Academy, and then upon subsequent promotions. The badge
and chevrons which a Police Sergeant wears are the visible signs of his or her role, leadership
responsibilities and authority in the community.
Traditionally, the Mayor speaks to the sergeants background to the assembled guests. The
promoted official is sworn into his or her new position, and then a person chosen by the individual
is asked to pin the badge and chevrons onto the individual’s uniform.
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Mayor Smith Hymes will preside over the swearing‐in. The Oath of Office, per the Avon Municipal
Code, will be administered by the Town Clerk, Brenda Torres. Sergeant Churches and Sergeant
Benson will have their badges pinned on their uniforms by their wives.
Sergeant Churches’ wife Julie will pin his badge and chevrons.
Sergeant Benson’s wife Cory will pin his badge and chevrons.
Please note that we expect to have guests from our First Responder Community attend as well.
Photos will follow the swearing in.
Congratulations to Sergeant Churches and Sergeant Benson.
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TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Greg Daly, Chief of Police
Meeting Date: April 30, 2019
Agenda Topic: AVON POLICE DEPARTMENT PRESENTATION AND 2018 PD AWARDS
SUMMARY
Honorable Mayor and Council, there are two elements to the Police Department presentation on
Tuesday evening:
Avon Police Department Presentation (PowerPoint attached)
Presentation of Avon Police Department 2018 Awards
Presentation of Avon Police Department 2018 Awards
As Chief of Police, it is with great pleasure and honor that I present the following Avon Police Department
Awards for 2018. These awards are to recognize staff members, who have made exceptional individual
contributions above and beyond their normal duties with the Avon Police Department. In addition, we are
recognizing other first responders and community members for their contributions to the residents and
guests of Avon.
To Zack Odell and Mike Teeples, the good Samaritans who assisted the victim of a brutal stabbing
in Avon on May 31, 2018. For their tangible and conspicuous assistance to the Avon Police
Department and the Town of Avon. They are recognized for their assistance to a victim of an
attempted murder. Mr. Odell and Mr. Teeples assisted the victim who was suffering multiple life‐
threatening stab wounds by helping the victim escape the suspect. Additionally, they escorted
her to police and fire care ultimately helping to save her life. Mr. Odell and Mr. Teeples are true
credit to themselves and to the Town of Avon.
To Cole Stewart, for his tangible and conspicuous assistance to the Avon Police Department and
the town. He is recognized for his assistance on a structure fire at the Beaver Bench
Condominiums on August 25, 2018. Mr. Stewart called 911 and knocked on doors assisting with
the safe evacuation of the building. Six units were significantly damaged by the fire with multiple
other units also badly damaged. Due to his quick response and willingness to help others, Mr.
Stewart’s actions that day contributed to the minimization of damage to the condominiums and
no significant injuries or loss of life. Mr. Stewart is a true credit to himself and Avon.
Chief’s Community Partnership Award – May be awarded to sworn and / or civilian member(s) for
demonstrating outstanding commitment to the community and law enforcement profession through acts
and accomplishments that promote a positive interaction between the citizens of Avon and law
enforcement.
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Member must demonstrate a significant and positive impact upon the community as a result of
voluntary active involvement in community projects and / or education, outside of their law
enforcement duties, that have improved the community as a whole.
Member must also demonstrate exemplary service, conduct, and performance of duties over a
period of time that strengthens the Avon Police Department and the law enforcement
profession.
To Dr. Chris Lindley, Eagle County Public Health Director, Chris Montera, CEO Of Eagle County
Paramedic Services and Michelle Muething, Executive Director of Aspen Hope Center. This award
recognizes and acknowledges your collective leadership, vision and willingness to change the
paradigm to mental health crisis response in Avon and Eagle County. Your collective passion has
resulted in the opening of Hope Center Eagle River Valley, a lifesaving co responder crisis response
service for Eagle County residents and guests. In addition you have collectively worked diligently
on improving mental health services through your service on the Total Health Alliance, the Mental
Health Advisory Committee to the Eagle County Board of County Commissioners and for your
work and support of the Systems Group, a collaboration whose mission has been to identify the
shortfalls in mental health resources and to plan and strategize to improve mental health and
behavioral health resources in Eagle County. This award also recognizes that one of the outcomes
from the Systems Group has been a 10‐year, $60 million commitment from the Vail Health Board
of Directors to aid mental health services in the Vail Valley.
To Sergeant Tyler Churches, for his extraordinary coordination, contribution to the growth and
success of the Town of Avon’s National Night Out events over the last two years. He displayed
extraordinary communication with businesses in and outside of Avon and garnered significant
sponsorship and support from our business community. He also coordinated with many
community members, ember organizations and other first responder agencies. These events bring
our community together.
To Brenda Torres, for her extraordinary coordination, contribution to the growth and success of
the Town of Avon’s National Night Out events. She displayed extraordinary communication with
businesses in and outside of Avon and garnered significant sponsorship and support from our
business community. She also conducted extraordinary outreach with our Latino community by
co‐coordinating the 10th annual Citizens Police Academy and the 6th annual Latino Police
Academy in 2018. These events bring our community together.
To Sergeant Eric Benson, for his extraordinary coordination, contribution to the growth and
success of the Citizens Police Academy and Latino Police Academy. He conducted extraordinary
outreach with our community by co‐coordinating the 10th Citizens Police Academy and the 6th
Latino Police Academy in 2018. These events bring our community together.
To Sergeant Tyler Churches, Officer Brad Stamp and Officer Corey Baldwin for their
extraordinary coordination and contribution to the continued success of the Avon Police
Department, Kids, Cops and Hoops Program. On Tuesday’s nights from November to April, these
officers pick up kids in different areas of town and transport them to the Avon Elementary
School to play basketball. This program creates team building, comradery and lasting
relationships with our future leaders.
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To Officer Zepeda, for his continued leadership and outstanding commitment in community
outreach programs. Officer Zepeda leadership was instrumental in raising over $9,931 in the 2019
Special Olympics Polar Plunge, and the Special Olympics Colorado Tip‐A‐Cop event. He was also
instrumental in the coordination of the countywide Special Olympics Law Enforcement Torch Run.
These events bring our community together.
Department Teamwork Citation – For a group of employees that came together as a team and achieved
exceptional results relating to a specific incident or event.
This award is presented to Officer Corey Baldwin, Officer Brad Stamp, Sergeant Jeremy
Holmstrom, Master Police Officer Chris Peck, Detective Toby Baldwin, Sergeant Eric Benson,
Detective Sergeant Jonathan Lovins, Sergeant Matt Jamison, Chief Greg Daly and Deputy District
Attorney Stephen Potts. On May 31, 2018, an attempted murderer was arrested by the Avon
Police Department. Because of the outstanding collection and examination of evidence, a
significant number of interviews and an extensive investigation, the suspect was indicted by a
grand jury for committing a violent knife attack upon an Avon resident resulting in multiple stab
wounds, including one to the head. These wounds required immediate life‐saving surgery. The
attack was so violent that the knife blade broke in two during the attack upon the female victim.
Due to your collective diligent attention to detail on this case, ability to work side‐by‐side with
neighboring law enforcement agencies and unsurpassed commitment, a violent criminal was
arrested, convicted and subsequently sentenced to 20 years for his crimes. On behalf of the Avon
Police Department you are hereby awarded the Avon Department Teamwork Citation. You are
all a true credit to Avon and the law enforcement profession.
This award is presented to Chief Greg Daly, Officer Al Zepeda, Sergeant Eric Benson, Master Police
Officer Chris Peck and Vail Police Officer Michael Chon. For their outstanding performance,
attention to detail, commitment to community safety and resourcefulness in a difficult police
operation. They are recognized for their off‐duty response to a structure fire at the Beaver Bench
Condominiums on August 25, 2018. While attending a town sponsored special event at
Nottingham Lake off duty Chief Daly, Officer Zepeda and Officer Chon responded with on duty
Avon officers, Sergeant Eric Benson and Master Police Officer Peck in life saving evacuation
efforts. Six units were significantly damaged by the fire. Multiple other units also badly damaged.
Due to their quick response, selfless actions and willingness to help others, these officers’ actions
that day contributed to lives saved, to the minimization of damage to the condominiums with no
significant injuries or loss of life. You are all a true credit to Avon and Vail and to the law
enforcement profession.
This award is presented to Sergeant Matt Jamison, Master Police Officer Mike Lundblade, Officer
Bal Herrera and Officer Al Zepeda. For their outstanding performance, attention to detail,
commitment to community safety and resourcefulness in a difficult police operation. They are
recognized for their response to a suicidal 15‐year‐old female standing in a kitchen holding a knife
to her arm with the sleeve rolled up threatening to kill herself on April 11, 2018. Their efforts to
deescalate the situation for over one hour through crisis intervention techniques, patience,
compassion and treating the young girl with dignity and respect resulted in saving a teenager’s
life. You are all a true credit to Avon and the law enforcement profession.
ATTACHMENT
Avon Police Department PowerPoint Presentation
Serving Avon for 40 Years!Our Mission: “We serve to better our community”“Servimos para mejorar nuestra comunidad”
Our Motto: “Count on Us”
We serve to better our communityAvon Police Department 2019 Organizational Chart
We serve to better our communityWho are we? Avon PD Recruitment video‐https://www.youtube.com/watch?v=85‐I9MM2uRI&feature=share
Update and Notable Accomplishments of 2018
We serve to better our communityCALEA National Accreditation was awarded in April 2016- We successfully completed 3rd year of new 4-year assessment in March 2019181 StandardsLife, health and safety issuesCritical legal issuesConditions that reduce risk and high liability exposureAssessors inspect police operationsSmallest Agency in Colorado, and only one west of Denver (except for CSP and CBI)Awarded CACP Accreditation‐August 2012Third year of new 4 year assessment, successfully completed March 2019Fourth year assessment in September 2019 with on site assessment in October 2019
The 2018 Abbreviated Highlights20,321 Calls for service‐4,996 dispatched calls, 15,325self‐initiated and 310handled by dispatchers827crimes reported855incident reports taken with approximately 808 follow up supplement reports154 traffic accident reports392total custodial and summons/release arrests including 53felony arrests899hours on foot patrol480hours on bike patrol108DUI/impaired driving arrests1985traffic stops‐1620ended up in an educational warning, 309 citations/ summons issued25.81% of our traffic stops were with persons of Hispanic ethnicity; 17.48% Hispanic males and 8.33% Hispanic females. This compares with 49% of our census population who report Hispanic heritage. 45.48% of our traffic stops were with Caucasian males. 22.63% of our traffic stops were with Caucasian females. 2.08% were with African males .55% was with African American females.Average 3:07minutes response time to emergent calls versus 5:56minutes per 2017 Annual Benchmark Cities Survey
2018 HighlightsSuccessful planned and executed safe special events, Haute Route, Triple by Pass, Xterra, Cover Rock, Bec Tri, and the modified SaluteCohosted a countywide active shooter response training for nearly 200 first respondersIncreased our social media presence to include over 2200 followers of the Police Department Facebook pageIn 2018, we successfully recruited new two police officers and a part time community response officer Avon Police Officers and Detectives have collaborated with the Gore Range Narcotics Interdiction Team (GRANITE) on many drug distribution cases in Avon in 2018. Successful fourth community resort policing ski patrol program for the 2018‐2019 season.APD officers presented a solid currency counterfeit case to the 5thJudicial District Attorney’s Office., resulting in both suspects take pleas to 10 year Department of Correction SentencesAvon PD officers responded to the Lake Christine Wildland fire and assisted the Eagle County Sheriff’s Office/Basalt PD. Avon officers completed 13 shifts over four days.
2018 HighlightsChief Will Johnson with the Arlington Police Department Texas, presented a training on Procedural Justice and Legitimacy at the Avon Police Department. Chief Johnson is a national and international speaker on several topics to include community policing and safeguarding civil rights. APD with assistance from Public Works and Mobility planned and executed an evacuation exercise for the Wildridge subdivision. We conducted a mock evacuation on the June Creek/ Berry Creek access road with Town of Avon Public Works pickup trucks and used an Avon Mobility bus for evacuee transport. Administrative Services Officer Krista Jaramillo was reelected as vice president of the Rocky Mountain Accreditation Network (RMAN), our regional PAC for law enforcement CALEA accreditation.Krista hosted the annual conference for RMAN at the Westin in Avon. There were 70 attendees from as far away as Anchorage, Alaska. Chief Daly gave a presentation on community policing showcasing all our programs at the Avon Police Department Two off‐duty officers (who were attending the Rec Center Regatta) and two on‐duty officers (one was also at the regatta) were immediately on scene when fire broke out and ensured that all residents were safely evacuated from A building during the Beaver Bench Fire.
2018 HighlightsAvon PD proudly participated in the 17th Anniversary of 9/11, Tri‐Club Rotary Public Safety Recognition awards. Avon PD Officer Tyler Churches received a “First Responder of the Year” award for saving a life using his tourniquet on a significant arm injury and kept the person from going into shock. APD continue to partner in the Eagle County Special Operations Unit and in the Gore Range DUI Task Force.APD hosted a National Tactical Officers Association SWAT team leader school at the PD. The attendees included a Royal Canadian Mounted Police supervisor from the Canadian North West Terrorities. APD SWAT operators participated in a joint training with the FBI Denver SWAT Team, to include hostage rescue from buildings and an open‐air hostage rescue scenario.Officer Corey Baldwin and School Resource Officer Eric Benson participated in a week long basic SWAT school hosted by the Greeley Police Department SWAT Team. This was a physically demanding week teaching the officers about high‐risk SWAT operations and providing our patrol officers with some higher‐level skills for dealing with those infrequent but high‐risk situations that at times occur in our community. Corey and Eric put in that extra work and effort to be better able to protect our community and especially our elementary school.
2018 HighlightsWe continue to participate in the countywide Law Enforcement Immigration Alliance, furthering relationships with our Latino community. Avon PD has nine veterans out of 20 officers (two US Navy, three US Marines and four US Army). Our veterans have participated in various community veteran’s day education activities to include speaking at local schools.Avon Police officers continue to deliver positive police interactions and education to the children at Avon Elementary. Officer Benson has taken on the role of School Resource Officer liaison with the Avon Elementary School staff and continue to have a great working relationship with Principal Dana Harrison.APD successfully hosted the 10thAnnual Avon Police Citizen’s Academy. We hosted the 6thAnnual LatinoEagle County Police Academy Chief Greg Daly is the current board president and actively participates with The Speak up Reach out Suicide Prevention Coalition to prevent suicide in Eagle County by providing education, training, and hope. Chief Greg Daly also attends the Total Health Alliance, is a member of the ten person Mental Health Advisory Committee, advising the Eagle County Board of County Commissioners on spending the 1 A funds. He also patriciates in the Systems Group, evaluating current gaps and strategizing to create the needed resources
2018 Highlights Avon Police officers, as part of the Eagle County Special Operations received hostage rescue training from members of the FBI Hostage Rescue Team, Silver Unit. The training involved multiple training scenarios with role players. This training included training with the FBI tactical helicopter unit. ECSOU hosted the Silver Unit with some winter training and Silver returned the hospitality with high‐level hostage rescue training. Town managers from Avon, Vail and Gypsum were able to witness and experience some of this life saving training. The Police Executive Research Forum (PERF) released a report to provide guidance to law enforcement agencies across the country, of various sizes and types, with guidance about how to create programs for building strong relationships with immigrant communities. PERF is considered one of the most influential police research and policy development organizations in the United States. The men and women of the Avon Police Department are proud to be included in this report together with our law enforcement and civilian partners as part of the Eagle County Law Enforcement Immigrant Alliance (LEIA). The LEIA is made of representatives from Catholic Charities, Avon Police Department, Vail Police Department, Eagle County Sheriff’s Office, Eagle Police Department, Eagle County School District, Vail Valley Salvation Army, Eagle County Government, Bright Future Foundation, YouthPower365 and Latino residents of Eagle County. This study researched how to strengthen relationships between law enforcement and immigrant communities nationwide and has showcased the work, experience and initiatives of the Eagle County LEIA as a model for other law enforcement agencies throughout the United States.
2018 HighlightsAvon PD was honored to establish and host the Eagle County Regional Reserve Academy in 2018/2019. This academy was established to seek reserve certification for our two paramedics and one trauma surgeon who serve as tactical medics on the Eagle County Special Operations Unit. Sgt. Ken Dammen‐Avon PD, Academy Director, prepared the curriculum, the scheduling of instructors and lesson plans to submit for approval to the Colorado Post Officers Standards and Training Board as a new police academy. After graduation, Sheriff Van Beek swore the three medics in as new reserve deputy sheriffs.
We train hard and smart to be always readyWe endeavor to be best prepared police force to serve our community, for whatever may come! Active Shooter Response Training June 2018
We train hard and smart to be always ready
We train hard and smart to be always ready
We train hard and smart to be always ready‐Officer Hernandez at Jefferson County Sheriff/ Lakewood PD Police Academy
Avon PD- Part of Eagle County Special Operations
We serve to better our communityAPD Work Plan 2019 includes day to day operational work and projects in the following areas.OperationsSpecial Projects Recruitment/ HiringAccreditationTrainingSpecial EventsCommunity engagement/ programming
We serve to better our communityOperationsRespond to 911 calls/ Traffic accidents 24/7/365Complete criminal and traffic investigationsRespond to mental health assistance callsParking enforcementProactive directed patrols to diminish criminal activityTraffic safetyAnimal control responseFront desk customer service/ fingerprinting/ VIN checks/ Records RequestsReport management, case submission to DA/ Municipal CourtEvidence managementCrime AnalysisPurchasing/ requisitionsTraining & grant managementCourt testimony/ DOR appearances Major case investigations
We serve to better our communityOperationsDUI enforcementClick it or TicketSchool Resource Officer program with Avon Elementary SchoolGRANITE drug task forceField Training Program for Officers Hernandez, Hayes and EllsworthPlan and implement summer community response program for Nottingham Park start training in May to be ready for JuneBike patrol and foot patrolSpecial ProjectsParticipant in the steering committee for the Treetop Forensic Interview and Child Advocacy center for the 5th Judicial District.New cars, purchase, graphics fit outTipsy taxi pilot program‐in progressPlan joint Active Shooter training in June at Old Town Hall
We serve to better our communitySpecial Projects ContinuedActive shooter exerciseWildland evac exerciseParticipant in the Countywide Report Management System upgrade committee.Participant in General Detective regional meetingsColorado Model Traffic Code 2017 update (from 2010)
We serve to better our communityRecruitment/ HiringRecruit the best !Utilize recruitment video at every opportunityAttend recruitment fairs at academies, high schools, job fairs, college fairsAccreditationComplete end of year CALEA reports in recruitment, training, use of force, anti‐bias, pursuit and forcible stopping, Professional Inquires, Active Shooter Preparation for year 4 assessment and on site visit, proofing, policy reviewKrista Jaramillo is President for the Rocky Mountain Accreditation Network
We serve to better our communityTraining (To keep our community, officers and staff safe and to comply with POST, Federal and CALEA requirements)Quarterly firearms (rifle handgun)/, defensive tactics/ Krav MagaDriving Active shooter trainingMonthly SOU training and 40 hour block in JunePlan for Krav Maga Instructor Recertification next FebruaryTerrorism Liaison OfficerBasic Drug investigator schoolBreacher trainingSWAT school‐Dunford (June) Herrera and Mackey (August)Handgun Qualifications
We serve to better our communityTraining continuedProper Restraint and Holds Anti‐Bias Crisis Intervention Training /De‐escalation Community Policing and PartnershipsSFST RefresherLess than lethal weapons‐Taser/ Bean bag shotgunUse of Force PolicyEJRTT‐Fitness testingPositional Asphyxia /Excited DeliriumLegal UpdateICS/Emergency Operations Plan/All HazardsCALEA Updates/ Search, Seizure and Arrest PolicyInfection Control / Bloodborne Pathogens
We serve to better our communityTraining continuedPursuit PolicyBack and Fall Injury PreventionCITFATSAnimal ControlRiver Bridge Child Advocacy CenterStop Sticks Immobilization DeviceSlips Trips and FallsWinter DrivingBike Patrol OfficerSexual HarassmentBelow 100CST in‐service DRE in‐service
We serve to better our communitySpecial Events Public Safety (to include Event action plans for larger more complex events)SaluteTriple BypassXterraBec Tri / Major League TriMan of the Cliff
We serve to better our communityCommunity engagement/ProgramsCoffee with a CopTip a copAnnual Polar PlungeTorch Run Ski with a copNational night out (preparation, planning/ business & volunteer recruitment), National Night Out executionKids, Cops and HoopsLatino Police AcademyCitizens Police AcademyPolice Explorer POST 204LE Beaver Creek Ski ProgramMonthly meeting Speak Up Reach Out Suicide Coalition
We serve to better our communityCommunity engagement/Programs ContinuedParticipant in the steering committee of the Total Health Alliance for strategizing mental health funding priorities for 2018Quarterly Radio Tech Ops meetingQuarterly meeting of Public Safety CouncilQuarterly meeting of 800 MHZ radio governance boardQuarterly meeting of the Eagle County First Responder FundQuarterly meeting of countywide Law Enforcement Immigration Alliance Quarterly RMAN meetingInitiated and current participant in the “Paris” task force seeking countywide cross discipline collaborative strategies to further the safety and security of our new born population.Bear aware campaign Fall Continue to increase our social media presence, Currently over 2400 followers of the Police Department Facebook page.
We serve to better our communityCommunity engagement/Programs ContinuedVeterans Day activities. Avon PD has nine veterans out of 20 officers (two US Navy, three US Marines and four US Army). Our veterans have participated in various community veteran’s day education activities to include speaking at local schools. Officer Zepeda is the VFW Post Commander. Town of Avon annual Liquor license meeting/ legal update/ Tipsy Taxi discussion and Sex Assault prevention educationSalvation army basket deliveryShop with a CopCommunity active shooter response seminarsCommunity bank robbery response seminars
Use of Social Media and Community Collaboration‐Dogs, Bears and ID Suspects!
Lifesaving and Leadership AwardsAwards ‐Lifesaving/Traffic2018 Tri Club Rotary AwardsOfficer Tyler Churches-Lifesaving
2018 Colorado Attorney General’s “Law Enforcement Agency of Excellence Award”
# 2 Advanced Ski Team‐Colorado Peace Officers Ski Race 2018
Partnerships –Beaver Creek Mountain Patrol
School Resource Officer
Kids, Cops and Hoops basketball program!
Community Engagement/Reaching Out‐Salvation army Empty Soups 2018
Assiting other agencies at the Lake Christine Fire
Community Engagement/Social Media/ Reaching Out –Veterans Day and St Baldrick’s
Community Engagement‐911 Memorial
Community Engagement/Social Media/ Reaching Out –Ski with a Cop/ Polar Plunge 2018
Community Engagement/Social Media/ Reaching Out – School Tour 2018
Community Engagement/Social Media/ Reaching Out –National Night Out 2018
Community Engagement‐Bike Patrol
Community Engagement/Social Media/ Reaching Out –National Night Out 2018 Awards
Community Engagement‐Annual Liquor Licensing Meeting 2018
Community Engagement/Vail Valley Salvation Army Fill the Van 2018
Tip a Cop‐Dueling Restaurants Fund Raising for Special Olympics‐Vin 48 and Blue Plate
New members to our family!
Community Engagement‐Meeting at the Aspens Mobile Home Park
Community Engagement‐Shop with A Cop 2018
Avon PD’s Shortlived Navy patrol Boat!
2018 Citizen Police Academy Graduates
2018 Latino Police Academy Graduates
Any questions? Thank You/ Gracias
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Greg Daly, Chief of Police
Date: April 30, 2019
Topic: Wildridge Subdivision Wildland Fire Mitigation and Emergency Preparedness Work
Session
OVERVIEW
During Tuesday’s work session, the following individuals will be present:
Chief Karl Bauer, Eagle River Fire Protection District
Community Risk/PIO Traci LeClair, Eagle River Fire Protection District
Wildfire Mitigation Specialist Jeff Zechman, Eagle River Fire Protection District
Emergency Manager Birch Barron, Eagle County
Public Works Director Gary Padilla
Police Chief Greg Daly
Deputy Police Chief Coby Cosper
The following items will be covered during the course of the work session:
Current threat assessment for wildfire in the Wildridge Subdivision, wildland fire mitigation
assessment and upcoming mitigation plans
Media/ PIO processes/procedures for evacuation
Declaration processes and procedures
Evacuation procedures for the Wildridge subdivision – Please note that an Evacuation Exercise is
planned for May 22nd to exercise the June Creek Point to Berry Creek Access/ Singletree U.S.
Forest Services evacuation routes
BACKGROUND
Wildland fire incidents are serious in nature and can occur rapidly. There are geographical location and
single access road limitations in the Wildridge subdivision and there is potential for primary evacuation
routes being obstructed by either fire or traffic volume. The Avon Police Department along with other
partner public safety agencies continually develop and evolve specific plans and actions for responding
to these situations. It is the philosophy of the Avon Police Department to first protect the lives of those
affected by wildland fires, effect the safe and orderly evacuation of said residents and also protect
property. As such, Avon will again conduct an evacuation exercise of the Wildridge subdivision on May
22nd of this year.
During the first phase of the exercise we will test various notification resources. This will include the
following:
EC Alert
Reverse 911
Social Media (Town and Department Facebook, town website)
PA system on emergency vehicles
Emergency Alert System through local radio/weather channel (through dispatch)
Variable Message Signage (CDOT for I‐70 VMS boards and Public Works/PIO for town VMS
boards)
Low power highway radio system (CDOT via Dispatch)
Local access television stations (channels 5, 13, 18, and 21 via dispatch)
The next phase will exercise our ability to conduct evacuations. We will practice going door to door and
knocking while marking residences with contractor's tape or spray chalk to identify whether residence is
occupied, no contact, evacuated or animal on site. In addition, we will exercise our ability to move
residents along alternate routes of evacuation if both Metcalf Road and Wildwood/Buck Creek Roads
are obstructed or deemed unsafe for use. Town vehicles will be utilized to practice moving those
residents needing evacuation along alternate forest service roads west of Wildridge to evacuation points
in the Singletree subdivision and/or through the Berry Creek Access exiting on Beard Creek by the Vail
Health/ Edwards surgical center in Edwards, Colorado. Town of Avon busses will practice moving
evacuees to the evacuation shelter located at Avon Elementary School where there will be a mobile
canteen and a shelter established.
During the final phase we will practice drafting, approving, and issuing an emergency declaration to
Eagle County to assist in resource procurement and funding assistance for the Town’s response to this
type of natural disaster.
After the evacuation exercise there will be a debrief for creation of an after‐action report for tactics,
techniques, procedures and policy revision.
FINANCIAL IMPLICATIONS
The evacuation exercise will be funded through the Town’s approved 2019 operational budgets. The
Town’s approved 2019 CIP Budget contains $40,000 for wildland fire mitigation efforts.
ATTACHMENTS
Attachment 1 – Avon PD Policy for Wildland Fire Evacuation to include:
Maps
Declaration of Disaster / Emergency
Local Disaster Declaration Process
Continuation Resolution
Recovery
Evacuation check‐in sheet
Attachment 2 – ERFPD Community Wildfire Assessment‐ Wildridge
Attachment 3 – Eagle County Emergency Operations Plan
ATTACHMENT 1
EOM 2170
Avon Police
Emergency Operations
Manual
Approved:
Chief Greg N. Daly
Subject :
Wildridge Evacuation Plan
Effective:
12/01/17
Revised:
Chapter:
Critical Incidents, Special Operations and
Homeland Security
Page:
1
Background
Situations involving wildland fires are serious in nature
and can occur rapidly. Because of the geographical
location and access road limitations to the Wildridge
suburb of Avon the potential for primary evacuation
routes being obstructed by either fire or traffic volume
exist.
The Avon Police Department along with other partner
public safety agencies and response resources
continually develop specific plans and actions for
responding to these situations.
Training is provided and will be incorporated into the
annual All Hazards Training plan.
Policy
It is the policy of the Avon Police Department to protect
the lives of those affected by wildland fires and affect
the safe and orderly evacuation of said residents.
Definition
Urban-Interface Wildland Fire:
A wildland–urban interface (or WUI) refers to the zone
of transition between unoccupied land and human
development. Communities that are within 0.5 miles
(0.80 km) of the zone may also be included. These lands
and communities adjacent to and surrounded by
wildlands are at risk of wildfires.
A wildfire or wildland fire is a fire in an area of
combustible vegetation that occurs in the countryside or
rural area. Depending on the type of vegetation where it
occurs, a wildfire can also be classified more
specifically as a brush fire, bush fire, desert fire, forest
fire, grass fire, hill fire, peat fire, vegetation fire, or veld
fire.
ATTACHMENT 1
Inhalation of smoke from a wildfire can be a health
hazard. Wildfire smoke is composed of carbon dioxide,
water vapor, particulate matter, organic chemicals,
nitrogen oxides and other compounds. The principal
health concern is the inhalation of particulate matter and
carbon monoxide.
Objectives 1. Provide for the public's safety, health,
welfare, and security by treating the sick and
injured, managing fatalities, and providing
for the orderly evacuation and care of the
displaced and their animals.
2. Provide for responders' safety, health, welfare,
and security.
3. Maintain civil order and provide for security and
investigation.
4. Provide for search and rescue of the trapped and
missing.
Initial responders:
1. Notify dispatch of incident and establish incident
command.
2. Designate a perimeter and secure the scene
3. Clear the channel for evacuation operations
4. Request dispatch notify all Avon Law and Public
Works supervisors of the incident.
5. Request dispatch recall all Avon police officers
and public works staff.
6. Request additional Rescue/EMS/Fire/Law units
and direct them to staging area at the Avon Town
Shops.
First – line Supervisor
46.1.10 d
Respond to scene.
Evaluate scene.
Assume command if necessary.
Ensure that perimeter is set.
Notify the Chief of Police and additional public
safety departments and other resources as needed.
Make decisions regarding public sheltering and
containment of the incident.
ATTACHMENT 1
Deputy Chief of Police/
Chief of Police
Respond to scene and assume command if
necessary.
Notify communications
Command and Control Except in an exceptional instance the Chief of Police,
Deputy Chief or incident commander shall be in
command of the incident or the law unified command
representative.
Evacuation Location
Determination:
Determine if evacuation is necessary and what portions
or combinations of the 4 areas in Wildridge that need to
be evacuated (see attached diagrams) and begin
evacuations. Direct other area residents to remain
indoors with doors, windows and ventilation closed.
If multiple areas are evacuated, consider staged
evacuations (evacuating the most affected areas first) to
limit crowding on roadways!
Evacuation Notifications: Initiate evacuation notifications, and the locations of the
evacuation center/shelter. Consider issuing no drone
usage notices so as not to delay the use of air resources
if needed. Utilize the following resources, in
conjunction with dispatch, for notifications:
1. EC Alert
2. Reverse 911
3. Social Media (Town and Department Facebook,
town website via PIO Preston Neil 970-390-
7848)
4. PA system on patrol vehicles
5. Emergency Alert System through local
radio/weather channel (through dispatch)
6. Variable Message Signage (CDOT for I-70 and
Public Works for town)
7. Low power highway radio system (CDOT via
Dispatch)
8. Local access television stations (channels 5, 13,
18, and 21)
Traffic Control and
Security:
Assign units to establish a perimeter on Metcalf Rd and
Wildwood road to re-route traffic and provide security
for evacuation areas, control crowds and prevent
potential looters.
ATTACHMENT 1
If Metcalf Road is OPEN
AND SAFE as an
Evacuation Route:
1. Direct evacuation traffic down Wildridge Rd,
Metcalf Rd, and Nottingham Rd. (if Metcalf road
is open). Consider traffic control at the
following locations:
1. Wildridge and Old Trail Roads
2. Metcalf and Nottingham Roads
3. Avon Road Roundabout 1
2. It is essential to keep the following routes open
for first responder traffic:
1. westbound Nottingham Rd
2. northbound Buck Creek Rd
3. westbound Wildwood Rd
4. northbound Metcalf Rd
5. northbound Wildridge Rd
3. Direct dispatch to call EOC manager and
establish an evacuation center at Avon
Elementary School with the following:
1. Red Cross/Salvation Army Mobile
Canteen
2. Evacuation center manager from Eagle
County Victims’ Advocates staff
3. Law unit for security of evacuation center
4. Have dispatch contact the Avon Mobility
Director to have busses making stops in
evacuation area to assist in evacuation of
residents to evacuation center (if safe for busses
to do so)
If Metcalf Road is
CLOSED OR AT RISK
OF CLOSURE as an
Evacuation Route:
1. Direct Law units and Public Works units with
four-wheel drive trucks / vehicles capable of
carrying multiple passengers for resident
evacuation shuttles to report to June Creek
Point/Trailhead to act as revolving shuttles. The
units will arrive by the following route:
1. I-70 to 163 exit
2. Westbound Beard Creek Rd to Shaw
Medical Center
3. Right turn onto Berry Creek Rd #774
4. Continue onto Edmunds Powerline Rd
#7171A and KEEP RIGHT
5. Right turn onto June Creek Trail #7171B
2. Upon arrival establish evacuation point security
3. Direct units at June Creek Point/Trailhead to
allow only high clearance four-wheel drive
traffic from evacuated areas only to evacuate
west via same route as responders to Beard
Creek Rd in Edwards.
ATTACHMENT 1
4. Vehicles that are not four-wheel drive and high
clearance will be parked and occupants will be
evacuated via Law or Public Works vehicles to
Bus Stop at Edwards Field House Parking lot.
Notify the Avon Mobility Department to provide
bus transportation to Avon Elementary School
from Edwards Field House.
5. Direct units at June Creek Trailhead to stop all
other traffic if not from specific evacuation areas
until all residents in those areas are evacuated
first.
Alternative to Evacuation
as Last Resort:
If there is not a safe or viable route present for the
evacuation of residents in the Wildridge area or
conditions change during evacuation operations that
create an unsafe environment for evacuation,
consider the possibility of utilizing an open area
along with fire resources to create a defensible space
(i.e. O’Neil park/dog park) until the danger passes.
Evacuation Center &
Shelter Considerations
1. Direct dispatch to notify EOC manager to
establish an evacuation SHELTER at Avon
Elementary School with the following:
Red Cross/Salvation Army
Mobile Canteen
Evacuation shelter manager
and staff from Eagle County
Victims’ Advocates office
(Use Appendix E attached)
Contact APD Chaplain for
additional councilors and staff
to assist as needed at shelter
Law unit for security of
evacuation shelter
2. Contact Deputy Town Manager to establish an
evacuation CENTER at the municipal building
(along with a contact phone number to be shared
with the public) to be staffed and receive
information on those evacuating the affected area
but not needing shelter (Use Appendix E
attached).
Re-entry Considerations 3. The following points are essential for SAFETY
during re-entry:
The provision of minimum access on
primary roads
ATTACHMENT 1
Reestablishment of emergency services
(police, fire, EMS and medical facilities)
Removing of utility hazards
2. Considerations for Initial Re-entry:
That a situation has affected all or
portions of the town that prompted an
evacuation
That damage is such that food, water,
and/or shelter may not be immediately
available
That damage is such that debris may
restrict movement along primary road
systems
That damage is such that electrical
power, gas and/or water may not be
available
That damage is such that local emergency
and public communications may not be
available or significantly reduced
That damage is such that health services,
medical facilities, and medical transport
may not be available
That law enforcement, fire and EMS
services may be hampered
After Action Review and
Annual Review of Policy
and Training Needs
46.1.10 e
The Incident Commander, or designee, will be
responsible for conducting a debriefing of the event
and providing an after-action report (if required) or
contribute to an event after action report. The
report may be a constructive critique/ self-reflection
of the Department's role in the event, and may
include recommendations, if any, to be used in
planning and training for future events.
ATTACHMENT 1
Appendix A: Maps
ATTACHMENT 1
Evacuation Area 1
ATTACHMENT 1
Evacuation Area 2
5768
E Wildridge
3121
Wildridge Rd
5040
E Wildridge
Rd
2680
Bear Trap Rd
1
ATTACHMENT 1
5070 E Wildridge
Rd
5767 E Wildridge
Rd
2
ATTACHMENT 1
Evacuation Area 3
3083 Wildridge
Rd
3
2575 Old Trail Rd
ATTACHMENT 1
Evacuation Area 4
4
2661
Bear Trap Rd
2511 Old Trail
Rd
Alternate Evacuation
Route through Berry
Creek Rd
ATTACHMENT 1
Appendix B: Declaration of Disaster / Emergency
Disaster / Emergency Declaration
WHEREAS, the Town of Avon has suffered serious damage to roads, bridges, homes,
businesses, and other public and private facilities caused by _________________, which occurred on
_______________; and [Include sufficient detail concerning the nature of the disaster or emergency and
the area threatened]
WHEREAS, the cost and magnitude of responding to and recovering from the impact of the
ensuing event is far in excess of the town’s available resources;
and [Include as much detail as is available concerning the conditions, magnitude of damage and the like]
WHEREAS, pursuant to C.R.S. 24-33.5-709(1) “A local disaster may be
declared only by the principal executive officer of a political subdivision. It shall not be continued or
renewed in excess of seven days except by or with the consent of the governing board of the political
subdivision”; and
WHEREAS, the “effect of a declaration of local disaster emergency is to
activate the response and recovery aspects of any and all applicable local and
interjurisdictional disaster and emergency plans and to authorize the furnishing of aid and assistance
under such plans.” C.R.S. 24-33.5-709(2).
NOW, THEREFORE, BE IT DECLARED by the Mayor of Avon, Colorado:
THAT, it is hereby determined and declared that [this to be an
emergency/disaster area etc…].
THAT, this Declaration shall be promptly filed with the Town of Avon Clerk, Eagle County
Clerk and Recorder and with the Office of Emergency Management.
THAT, this Declaration is necessary for the public health, safety and welfare of the citizens of
Avon, State of Colorado.
DECLARED this ____ day of _______________, 20__.
________________________________
(Mayor or Designee)_
________________________________
(Signature)
NOTE:
ATTACHMENT 1
Email a copy of the declaration to the Eagle County Emergency Manager at
emergency@eaglecounty.us and another copy to the County Manager/Board of County
Commissioners at dept-adm-all@eaglecounty.us
File with the Clerk and Disseminate to the Public
Why declare an emergency?
To authorize emergency spending measures
To gain access to TABOR emergency reserves
To qualify for certain types of federal and state disaster assistance
To activate local and inter-jurisdictional emergency plans and mutual assistance agreements
To support the enactment of temporary emergency restrictions or controls (e.g. curfews, price
controls, alcohol/gun sales)
The state responds with state resources as requested needed by the local government
Local Disaster Declaration Process
Who Can Declare a Disaster?
A local disaster may be declared only by the principal executive officer of a political subdivision and
shall expire within seven (7) days except by consent of the governing board of the political subdivision.
When to Declare a Disaster:
When the resources needed for an emergency are at or beyond the capability of the local government
agency.
Local Government Responsibilities:
Once a declaration has been issued the following requirements must be met when requesting assistance
from the State:
Conduct a preliminary damage assessment to be provided to CDHSEM
Keep track of disaster related expenditures to include:
o Contracts for emergency repairs
o Purchase orders
o Records of employee overtime compensation
o Receipts for rented or leased equipment
These records will be required in the event of any disaster financial assistance is provided. Additionally,
evidence is needed that local resources were exhausted (to include mutual aid and TABOR).
ATTACHMENT 1
APPENDIX C: CONTINUATION RESOLUTION
Councilor ___________moved adoption
of the following Resolution:
TOWN COUNCIL OF AVON, STATE OF COLORADO
RESOLUTION NO. 20__-____
RESOLUTION DECLARING A CONTINUATION OF DISASTER OR
EMERGENCY DECLARATION
WHEREAS, the Town of Avon suffered serious damage to roads, bridges, homes, businesses,
and other public and private facilities caused by _________________, which occurred on
_______________; and [Include sufficient detail concerning the nature of the disaster or emergency and
the area threatened] [Identify if this is a ratification of and continuation of prior County Manager
declaration pursuant to C.R.S. 24-33.50709]
WHEREAS, the cost and magnitude of responding to and recovering from the impact of the
ensuing event is far in excess of the county’s available resources; [Include as much detail as is available
concerning the conditions, magnitude of damage and the like]
WHEREAS, pursuant to C.R.S. 24-33.5-709(1) “A local disaster may be
declared only by the principal executive officer of a political subdivision. It shall not be continued or
renewed in excess seven days except by or with the consent of the governing board of the political
subdivision”; and
WHEREAS, the “effect of a declaration of local disaster emergency is to
activate the response and recovery aspects of any and all applicable local and
interjurisdictional disaster and emergency plans and to authorize the furnishing of aid and assistance
under such plans.” C.R.S. 24-33.5-709(2).
NOW, THEREFORE, BE IT RESOLVED by the Town Council of
Avon, Colorado:
THAT, the Town Council of Avon determines and declares [an emergency, or continuing
emergency/disaster this to be a disaster area
etc…]
THAT, this Resolution and Declaration shall be promptly filed with the Avon Town Clerk and
with the Office of Emergency Management.
THAT, this Resolution and Declaration is necessary for the public health, safety and welfare of
the citizens of the Town of Avon, State of Colorado.
MOVED, READ AND ADOPTED by the Town Council of
the Town of Avon, State of Colorado, this ____ day of _______________, 20__.
ATTACHMENT 1
COLORADO, By and Through Its
TOWN COUNCIL
ATTEST:
______________________ By: ______________________________
Clerk to the Town Council Sarah Smith Hymes
Mayor
______________________________
Amy Phillips
Mayor Pro Tem
____________________________
Jennie Fancher
Councilor
______________________________
Chico Thuon
Councilor
____________________________
Jake Wolf
Councilor
______________________________
Scott Prince
Councilor
____________________________
Tamra Underwood
Councilor
Councilor ____________________ seconded adoption of the foregoing resolution. The roll having been
called, the vote was as follows:
Councilor Smith-Hymes ______________
Councilor Phillips ______________
Councilor Fancher ______________
Councilor Thuon ______________
Councilor Wolf ______________
Councilor Prince ______________
Councilor Underwood ______________
This resolution passed by __________________ vote of the Town Council of the Town of Avon, State of
Colorado.
NOTE:
ATTACHMENT 1
Email a copy of the resolution to the Eagle County Emergency Manager at
emergency@eaglecounty.us and another copy to the County Manager/Board of County
Commissioners at dept-adm-all@eaglecounty.us
File with the Clerk and Disseminate to the Public
Appendix D: Recovery
Community Recovery Checklist
The Community Recovery Checklist is an outline of some of the key items that the emergency
manager will have to deal with during the recovery stage. These areas should be considered
when developing a recovery plan, as well as any post-disaster mitigation plans.
Post Event:
Establish a Disaster Recovery Center (DRC)
“One Stop” for disaster assistance programs and assistance information.
DOLA can provide technical assistance when a local jurisdiction is considering
setting up a DRC.
Expectation management is a critical component of disaster assistance.
Develop an Unmet Needs Committee.
Appoint Recovery Manager
Provide central coordination point for all recovery support functions.
Facilitate community and neighborhood meetings.
Seek support from philanthropic community.
Provide liaison with State and federal agencies and coordinate administration of
Stafford Act (when available) and other assistance programs.
Public Messaging
Establish a coordinated public information process, as soon as possible,
representative of the various impacted jurisdictions and agencies. Multiple
partners and organizations will be coming to assist so a coordinated effort to
streamline public messages is crucial.
Establish a Recovery Task Force
Make it a collaborative/consensus-based group of elected/appointed officials and
community, business, and non-profit leaders who can provide resources and
expertise.
Establish a recovery “vision” and identify opportunities to improve the community.
Proactively manage recovery and redevelopment to consider competing interests.
Review/revise the Disaster Recovery Plan, determine recovery strategies,
develop actions, establish goals and milestones, and engage and inform the
general public.
Implement appropriate sections of the Disaster Recovery Plan.
Recovery Task Force provides policy and resource support to Recovery Support
Functions (RSFs).
ATTACHMENT 1
RSFs are longer-term than Emergency Support Functions (ESFs), and may
require research, analysis, and detailed planning to complete.
Designate a recovery manager who is capable of guiding the recovery process.
Damage Assessment
Estimate impacts and losses, mitigation needs, and preparedness issues.
Identify facilities with risk pool and insurance coverage, FEMA Public Assistance
(PA), and Individual Assistance (IA) thresholds.
Perform a Rapid Needs Assessment (first 24 hours).
Perform a Preliminary Damage Assessment (PDA) - Joint effort among FEMA,
SBA, State, and local staff.
Conduct building inspections and issue permits.
Debris Management
Determine emergency debris clearance – designated priority routes.
Develop a debris management strategy – should include sorting, recycling,
reducing, and strategies for removal, management, and disposition.
Determine hazardous materials guidelines for handling and disposal.
Understand roles and responsibilities with respect to compliance with State and
federal laws.
Repair/Replace/Restore Public Infrastructure and Services
Determine level of insurance coverage for damaged public facilities.
Identify alternate facilities to continue government operations during
repairs/restoration.
Develop strategy and priorities for emergency and permanent restoration of
utilities, health and medical facilities, transportation systems, communications,
and water/wastewater systems.
Coordinate with utility providers to determine restoration priorities.
Administer FEMA Public Assistance grants in federally declared disasters.
Establish System for Managing Donations and Volunteers
Determine adequacy of local resources and whether outside assistance is needed
to establish a volunteer reception center or to manage donations facilities.
Obtain technical assistance from state Donations-Volunteer Coordination team.
Establish policy and process for accepting and dispensing cash donations.
Support Mass Care Activities
Ensure coordination between Human Services and nonprofit/voluntary agencies
providing mass care (American Red Cross, Salvation Army, Colorado Baptists,
etc.).
Provide logistical support for sheltering, feeding, bulk distribution, animal care,
and other mass care activities.
Establish call center or request assistance from Colorado 2-1-1 to provide call
center, information and referral services.
ATTACHMENT 1
Provide Behavioral Health Services to Survivors
Identify resources to meet immediate needs for crisis counseling (victim
advocates, behavioral health specialists).
Determine need for long-term behavioral health services.
Obtain technical assistance through Colorado Crisis Education and Response
Network (COCERN), coordinated by Colorado Department of Public Health and
Environment (CDPHE).
Provide Case Management Services
Ensure trained case managers are available to support unmet needs of individuals
and families (application completion, housing, employment, business support,
legal services, clothing, furniture, transportation, medical and behavioral health
services, and referral/transition to other public services).
Provide Coordinated and Timely Public Information
Prepare and release coordinated public messaging regarding health and safety
risks, debris removal, donations/volunteers, availability of assistance, and other
recovery issues.
Establish a webpage and utilize social media to create interactive, culturally-
competent dialogue with residents on recovery matters.
Re-Entry: Public & Environmental Health Considerations
Perform search and rescue.
Determine secondary hazards / imminent threats.
Determine hazardous materials risks to citizens and responders.
Communicate risks to responders/relief workers.
Establish public messaging systems.
Determine pandemic / epidemic and sanitation considerations.
Identify Sources of Outside Assistance
Identify assistance programs available from federal government, State
government, nonprofit organizations, and the private sector to assist individuals
and families.
Support delivery of FEMA Individual Assistance grants and loans in federally
declared disasters.
Determine Need for Disaster Declaration
Request State and or federal disaster assistance (as needed, based on damage
assessment and levels of insurance coverage).
Prepare ordinance/resolution declaring a local disaster and providing legal basis
for instituting social controls, enabling access to TABOR emergency reserves, or
other extraordinary legal measures.
ATTACHMENT 1
Identify Technical Assistance Needs
Contact Department of Local Affairs (DOLA; Divisions of Local Government,
Housing, Emergency Management) for legal, budgetary, housing, planning and
economic development assistance.
Identify Hazard Mitigation Opportunities
Develop hazard mitigation strategy and seek funding to support mitigation projects
and initiatives.
Evaluate adequacy of building and zoning codes and land use plans based on
disaster impacts.
Coordinate with State and federal agencies with hazard mitigation programs and
resources.
Establish Disaster-Related Policies
Modify codes and regulations, as needed, to facilitate recovery for residents,
businesses, and public entities.
ATTACHMENT 1
APPENDIX E: Evacuation Check-in Sheet
Address Evacuated From Number of People from AddressNeed Shelter or Assistance (Y/N)Need Animal/Pet Assistance (Y/N)Contact Phone Number Special Needs/MedsComments12345678910111213141516171819SHEET #______ OF ______ DATE:______________________AVON POLICE DEPARTMENT EVACUATION CENTER/SHELTER CHECK‐IN SHEETContact NameLocation of Center/Shelter:__________________________________________ Contact Number:________________________________
Community WildfireAssessment
Community Wildfire AssessmentWildridge
Conducted on07 Aug 2018 01:57 PM
LocationWildridge RdVail, CO 81657United States(39.6591507085037, -106.5375297424444)
Jeff Zechman - Eagle River Fire - Wildland Mitigation SpecialistJZechman@eagleriverfire.org
Completed on25 Aug 2018 05:24 PM
Score3/4.0 - 75.00%
Audit - 1/1 100.00%
Question Response Details
Appendix 1 Appendix 2 Appendix 3
Common terrain features of the area Canyon(s)/Drainage(s), East Aspect, Ridge, South Aspect,Steep Grade >40%, West Aspect
Vegetation type Aspen, Conifer Mix, Grass, Light slash, Pinion andJuniper, Small shrubs and bushes
Community access and regress Adequate width for fire apparatus, Dirt roadway, Pavedroadway, Steep roadway, Two track 4x4 only
Safety Zones or temporary refuge areas
Yes
Three additional safety zone areasproposed and indicated on GIS map. Twowould serve the upper area of Wildridgefor Firefighter safety and as a temporaryretreat for residents. The other on BeaverCreek Point. The areas would have to bemaintained through summer and fall.
Appendix 4 Appendix 5 Appendix 6
Water resources Pressurized Hydrants
Any bridges present with GVW rating?N/A
Score (1/1) 100.00%07 Aug 2018 / JZechman@eagleriverfire.org
- 2 -
Details - 2/3 66.67%
Question Response Details
Is there a natural or a constructed firebreak present?Yes Roadways, including paved and dirt,trails, and irrigated maintained areas.
How many homes within the community?300-400
Do the homes have defensible space?Not all but some do with needed improvement
Has the area or properties beenmitigated?No
Score (2/3) 66.67%07 Aug 2018 / JZechman@eagleriverfire.org
- 3 -
Question Response Details
Other concerns?
Yes
- Mitigation along main access andevacuation route to Wildridge.Maintaining vegetation to decrease fireignition from roadway that could travelup to Wildridge and Wildwood area.- Limited private property areas do notallow for some homeowners to createsufficient defensible space or extendeddefensible space. Structures located onsteep slopes with open areas requiredefensible space to be extended by 1 1/2times the normal requirement of 30 feetfor grass areas, 100 feet for medium sizevegetation, and 200 feet, if allowable, forlarge vegetation. Must be maintainedduring summer and fall. Areas proposedare detailed in pictures and on GIS webapplication.- Work with utility company to mitigateareas around power poles.- Avon PD is continuing to work onsecondary evacuation route access andimprovement- Individual home defensible space iscrucial. Specifically for homes located onsteep terrain (West and South aspect is ahigher risk), ridge tops , and arounddrainages. Helping to extend thesedefensible zones would greatly helpreduce wildfire risk.
Appendix 7 Appendix 8 Appendix 9 Appendix 10 Appendix 11 Appendix 12
Appendix 13 Appendix 14 Appendix 15 Appendix 16 Appendix 17 Appendix 18
Appendix 19 Appendix 20 Appendix 21 Appendix 22 Appendix 23 Appendix 24
Appendix 25
Score (2/3) 66.67%07 Aug 2018 / JZechman@eagleriverfire.org
- 4 -
Map
Question Response Details
07 Aug 2018 / JZechman@eagleriverfire.org - 5 -
Media
07 Aug 2018 / JZechman@eagleriverfire.org - 6 -
Appendix 1 Appendix 2
Appendix 3 Appendix 4
07 Aug 2018 / JZechman@eagleriverfire.org - 7 -
Appendix 5 Appendix 6
Appendix 7 Appendix 8
07 Aug 2018 / JZechman@eagleriverfire.org - 8 -
Appendix 9 Appendix 10
Appendix 11 Appendix 12
07 Aug 2018 / JZechman@eagleriverfire.org - 9 -
Appendix 13 Appendix 14
Appendix 15 Appendix 16
07 Aug 2018 / JZechman@eagleriverfire.org - 10 -
Appendix 17 Appendix 18
Appendix 19 Appendix 20
07 Aug 2018 / JZechman@eagleriverfire.org - 11 -
Appendix 21 Appendix 22
Appendix 23 Appendix 24
07 Aug 2018 / JZechman@eagleriverfire.org - 12 -
Appendix 25
Commissioner ____________________ moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
Resolution No. 2018-________
RESOLUTION ADOPTING EAGLE COUNTY
REVISED EMERGENCY OPERATIONS PLAN
WHEREAS, C.R.S. § 24-33.5-707(1) states each political subdivision is within the
jurisdiction of and served by the office of emergency management and by a local or inter-
jurisdictional agency responsible for disaster preparedness and coordination of response; and
WHEREAS, C.R.S. § 24-33.5-707(2) states each county shall maintain a disaster
agency or participate in a local or inter-jurisdictional disaster agency that otherwise has
jurisdiction over and serves the entire county; and
WHEREAS, C.R.S. § 24-33.5-707(8) states each local and inter-jurisdictional disaster
agency shall prepare and keep current a local or inter-jurisdictional disaster emergency plan for
its area; and
WHEREAS, the Eagle County Emergency Operations Plan was adopted by Resolution
No. 2015-091 on October 20, 2015; and
WHEREAS, the Board of County Commissioners desires to update the Eagle County
Emergency Operations Plan.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Eagle County Emergency Operations Plan be adopted in the form attached
hereto as Exhibit "A" and incorporated herein by reference.
THAT, the Eagle County Emergency Operations Plan, set forth herein shall be effective
as of October 1, 2017.
THAT, the Eagle County Emergency Operations Plan contained herein at Exhibit “A”
shall supersede all previously adopted plans.
THAT, should any section, clause, provision, sentence or word in this Resolution be
declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
validity of this Resolution as a whole or any parts thereof, other than the part so declared to be
invalid. For this purpose, this Resolution is declared to be severable.
THAT, the Board hereby finds, determines and declares that this Resolution is necessary
for the health, safety and welfare of the citizens of Eagle County.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the _______ day of ________,
2018.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST:
____________________________ By: ______________________________
Clerk to the Board of Kathy Chandler-Henry
County Commissioners Chair
______________________________
Jeanne McQueeney
Commissioner
____________________________
Jillian H. Ryan
Commissioner
Commissioner ____________________ seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Chandler-Henry ______________
Commissioner McQueeney ______________
Commissioner Ryan ______________
This resolution passed by __________________ vote of the Board of County Commissioners of
the County of Eagle, State of Colorado
May 2018– Base Plan
Eagle County Emergency Operations Plan
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The Eagle County Emergency Operations Plan is an all-discipline, all-hazards plan that establishes a
single, comprehensive framework for the management of domestic incidents. It provides the structure and
mechanisms for the coordination of local support as well as coordination with state and federal agencies.
The Eagle County Emergency Operations Plan is important in the mission of reducing the vulnerability to
all natural and human caused hazards; minimizing the damage, and assisting in the recovery from any
type of incident that occurs. The Eagle County Emergency Operations Plan consists of the components
depicted in Figure 1 on the following page.
May 2018– Base Plan
Eagle County Emergency Operations Plan
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Base Plan:
Describes the structure and processes comprising a countywide approach to incident management
designed to integrate the efforts and resources of local government, private-sector, and non-governmental
organizations. The Base Plan includes planning assumptions, roles and responsibilities, policies, initial
actions, and plan maintenance instructions.
Emergency Support Function (“ESF”) Annexes:
Contains details of the missions, policies, structures, and responsibilities of local agencies for
coordinating resource and programmatic support to local agencies or other jurisdictions and entities
during incidents.
Supporting Documents, Incident and Event Appendices:
Contains definitions, agreements and specific plans for incidents and/or events that are likely to occur in
Eagle County, Colorado. These plans are considered adopted by reference as they are signed by the
affected participants.
Strategic, Operational, and Tactical Planning:
There are three tiers of planning: strategic planning, operational planning, and tactical (incident scene)
planning. Strategic planning sets the context and expectations for operational planning, while operational
planning provides the framework for tactical planning. All three tiers of planning occur at all levels of
government.
Approval and Implementation:
This plan supersedes the Eagle County Emergency Operation Plan dated October 20,
2015
The transfer of management authority for actions during an incident is done through the
execution of a written delegation of authority from an agency to the Incident
Commander. This procedure facilitates the transition between incident management
May 2018– Base Plan
Eagle County Emergency Operations Plan
- 5 -
levels. The delegation of authority is a part of the briefing package provided to an
incoming incident management team. It should contain both the delegation of authority
and specific limitations to that authority.
The Eagle County Emergency Operations Plan delegates the Board of County
Commissioner’s authority to specific individuals. The chain of succession in a major
emergency or disaster is as follows:
1. County Manager
2. Deputy County Managers
May 2018– Base Plan
Eagle County Emergency Operations Plan
- 6 -
Record of Changes
Record of Changes
Change # Date of Change Change Entered by Date Entered
May 2018– Base Plan
Eagle County Emergency Operations Plan
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Record of Distribut ion
Plan # Office/Department Representative Signature
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
17
18
19
20
Plan is posted on Eagle County website at www.eaglecounty.us/Emergency/Emergency_Operations_Plan/
May 2018– Base Plan
Eagle County Emergency Operations Plan
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Contents
Purpose, Scope and Authorities..........................................................................................11
Key Concepts .....................................................................................................................11
Planning Assumptions and Considerations........................................................................12
Colorado Disaster Emergency Act (C.R.S. § 24-33.5-707)...............................................13
Local Disaster Emergencies (C.R.S. § 24-33.5-709)..........................................................14
Roles and Responsibilities .................................................................................................14
Local Chief Elected Official...............................................................................................14
Plan Maintenance...............................................................................................................15
Emergency Support Functions and Scope ........................................................................ 15
Private Sector….................................................................................................................. 16
Impacted Organization or Infrastructure............................................................................. 16
Response Resource.............................................................................................................. 16
Regulated and/or Responsible Party................................................................................... 17
Local Emergency Organization Member............................................................................ 17
Responsibilities .................................................................................................................. 17
Citizen Involvement............................................................................................................ 17
Concept of Operations ....................................................................................................... 18
Eagle County EOC............................................................................................................. 19
Disaster Declarations......................................................................................................... 19
Eagle County EOC............................................................................................................. 19
Eagle County Joint Information Center............................................................................. 20
NIMS Framework.............................................................................................................. 21
Other Incident Facilities..................................................................................................... 22
ESF Coordinator ................................................................................................................22
Primary Agency ................................................................................................................22
Secondary Agencies............................................................................................................23
Emergency Support Function Matrix................................................................................ 24
May 2018– Base Plan
Eagle County Emergency Operations Plan
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List of Annexes
Emergency Support Function #1—Transportation Annex
Emergency Support Function #2—Communications Annex
Emergency Support Function #3—Public Works and Engineering Annex
Emergency Support Function #4—Firefighting Annex
Emergency Support Function #5—Emergency Management Annex
Emergency Support Function #6—Mass Care, Housing, and Human Services
Emergency Support Function #7—Resource Support Annex
Emergency Support Function #8—Eagle County Public Health and Environment and Medical
Services Annex
Emergency Support Function #9—Search and Rescue Annex
Emergency Support Function #10—Hazardous Materials Annex
Emergency Support Function #11—Agriculture and Natural Resources Annex
Emergency Support Function #12—Energy and Public Utilities Annex
Emergency Support Function #13—Public Safety and Security Annex
Emergency Support Function #14—Community Recovery and Mitigation Annex
Emergency Support Function #15—External Affairs Annex
List of Appendices
Appendix A - Acronyms, Abbreviations and Terms - May 2018
Appendix B - EOC Activation Procedures - May 2018
Appendix C - SAMPLE Eagle County All-Risk Mutual Aid Agreement - May 2018
Appendix D - 2018 Eagle County Wildfire Annual Operating Plan – March 2018 (Adopted
annually in March)
Appendix E - Eagle County Resource Management Plan - May 2018
Appendix F - Damage Assessment Plan - May 2018
Appendix G - Evacuation Plan - May 2018
Appendix H - Disaster Declaration Process - May 2018
Appendix I - Mass Casualty Incident Plan - May 2018
Appendix J - Public Health Plan – May 2018
Appendix K - County Animal Response Team Plan - May 2018
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Eagle County Emergency Operations Plan
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Appendix L - Public Information and Warning Plan - May 2018
Appendix M - Utility Restoration Plan - May 2018
Appendix N - Hazardous Materials Plan – May 2018
Appendix O - Explosive Materials Response Plan - May 2018
Appendix P - Mass Fatalities Plan - May 2018
Appendix Q - Severe Weather Plan - May 2018
Appendix R - Roles and Responsibilities - May 2018
Appendix S - Response to Terrorism Plan – May 2018
Appendix T - Major Incident Communications Plan - May 2018
Appendix U - Joint Information System Protocols - May 2018
Appendix V - Rapid Needs Assessment - May 2018
Appendix W - Debris Management Plan – Pending—Not Attached
Appendix X - Emergency Spending Resolution - May 2018
Appendix Y - Policy Group Plan - May 2018
Appendix Z -Disaster Recovery Plan – February 2018
Appendices may be created, revised and adopted independent of the base plan.
May 2018– Base Plan
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Purpose
The purpose of the Eagle County Emergency Operations Plan (EOP) is to establish a comprehensive,
countywide, all hazards approach to incident management across a spectrum of activities including
prevention, preparedness, response, mitigation and recovery.
The Eagle County EOP incorporates best practices and procedures from various incident management
disciplines—homeland security, emergency management, law enforcement, firefighting, hazardous
materials response, public works, public health, emergency medical services, and responder and recovery
worker health and safety—and integrates them into a unified coordinating structure.
The Eagle County EOP provides the framework for interaction with local, private sector, and
nongovernmental organizations (NGO). It describes capabilities and resources and establishes
responsibilities, operations processes, and protocols to help protect against terrorist attacks and other
natural and manmade hazards.
Scope
The Eagle County EOP recognizes and incorporates the various jurisdictional and functional authorities
of local agencies, private-sector organizations and non-governmental organizations. This plan is
applicable to all agencies and organizations that may be requested to provide assistance or conduct
operations in the context of actual or potential incidents within the county.
This plan addresses the full spectrum of activities related to incident management.
The Eagle County EOP focuses on those activities that are directly related to an evolving incident or
potential incident.
Authorities
Federal
1. Robert T. Stafford Disaster Relief and Emergency Assistance Act and Amendments (P.L. 93-288,
as amended by P.L. 100-707).
2. Homeland Security Presidential Directive #5: Management of Domestic Incidents, National
Incident Management System (NIMS)
3. The National Response Framework, May 2013
4. Homeland Security Presidential Directive #8: National Preparedness
State
5. Colorado Disaster Emergency Act (Title 24, Article 33.5, Part 7 Colorado Revised Statutes, as
amended).
Key Concepts
This section summarizes key concepts that are reflected throughout the Eagle County EOP.
Systematic and coordinated incident management, including processes for:
o Incident reporting
o Coordinated action
o Alert and notification
o Mobilization of resources
Organizing interagency efforts to minimize damage, restore impacted areas to pre-
incident conditions if feasible, and/or implement programs to mitigate vulnerability to
future events.
May 2018– Base Plan
Eagle County Emergency Operations Plan
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Organizing ESFs to facilitate the delivery of critical resources, assets, and assistance.
Local departments and agencies are assigned to lead or support ESFs based on
authorities, resources, and capabilities.
Providing mechanisms for vertical and horizontal coordination, communications, and
information sharing in response to threats or incidents. These mechanisms facilitate
coordination among local entities as well as public and private sectors.
Planning Assumptions and Considerations
The Eagle County EOP is based on planning assumptions and considerations presented in this section.
Incidents are typically managed at the lowest possible geographic, organizational, and
jurisdictional level.
Incident management activities will be initiated and conducted using the principles
contained in the NIMS.
The combined expertise and capabilities of government at all levels, the private sector,
and NGOs will be required to prevent, mitigate, prepare for, respond to, and recover from
incidents or disasters.
Incidents or disasters may:
o Occur at any time with little or no warning in the context of a general or specific
threat or hazard.
o Require significant information sharing across multiple jurisdictions and between
public and private sectors.
o Span the spectrum of incident management to include prevention, preparedness,
response, and recovery.
o Involved multiple, high varied hazards or threats on a local, regional, or national
scale.
o Result in numerous casualties; fatalities; displaced people; property loss;
disruption of normal life support systems, essential public services, and basic
infrastructure; and significant damage to the environment.
o Impact critical infrastructures across sectors.
o Overwhelm capabilities of local governments and private sector infrastructure
owners and operators.
o Attract a sizeable influx of independent, spontaneous volunteers and supplies.
o Require prolonged, sustained incident management operations and support
activities.
o Top priorities for incident management are to:
Save lives and protect the health and safety of responders, recovery
workers and the public.
o Prevent an imminent incident, including acts of terrorism from occurring.
o Protect and restore critical infrastructure and key resources.
o Conduct law enforcement investigations to resolve the incident, apprehend the
perpetrators, and collect and preserve evidence for prosecution.
o Protect property and mitigate damages and impacts to individuals, communities,
and the environment.
o Facilitate recovery of individuals, families, businesses, governments, and the
environment.
Departments and agencies at all levels of government and certain NGO’s such as the
American Red Cross or Salvation Army , may be required to deploy to incidents or
disasters on short notice to provide timely and effective mutual aid and/or
intergovernmental assistance.
May 2018– Base Plan
Eagle County Emergency Operations Plan
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For incidents or disasters that are Presidential declared, state and federal support is
delivered in accordance with relevant provisions of the Stafford Act.
Colorado Disaster Emergency Act (C.R.S. § 24-33.5-701 et. seq.)
C.R.S. § 24-33.5-707 provides in part:
(1) Each political subdivision is within the jurisdiction of and served by the office of
emergency management and by a local or inter-jurisdictional agency responsible for
disaster preparedness and coordination of response.
(2) Each county shall maintain a disaster agency or participate in a local or inter-
jurisdictional disaster agency which, except as otherwise provided under this part 7, has
jurisdiction over and serves the entire county.
(3) The governor shall determine which municipal corporations need disaster agencies of
their own and require that they be established and maintained. The governor shall make
such determination on the basis of the municipality's disaster vulnerability and capability
of response related to population size and concentration. The disaster agency of a county
shall cooperate with the disaster agencies of municipalities situated within its borders but
shall not have jurisdiction within a municipality having its own disaster agency. The
office of emergency management shall publish and keep current a list of municipalities
required to have disaster agencies under this subsection (3).
(4) The minimum composition of a disaster agency is a director or coordinator appointed
and governed by the chief executive officer or governing body of the appointing
jurisdiction. The director or coordinator is responsible for the planning and coordination
of the local disaster services.
(5) Any provision of this part 7 or other law to the contrary notwithstanding, the governor
may require a political subdivision to establish and maintain a disaster agency jointly
with one or more contiguous political subdivisions if the governor finds that the
establishment and maintenance of an agency or participation therein is made necessary by
circumstances or conditions that make it unusually difficult to provide disaster
prevention, preparedness, response, or recovery services under other provisions of this
part 7.
(6) Each political subdivision that does not have a disaster agency and has not made
arrangements to secure or participate in the services of an agency shall have an elected
official designated as liaison officer to facilitate the cooperation and protection of that
subdivision in the work of disaster prevention, preparedness, response, and recovery.
(7) The mayor, chairman of the board of county commissioners, or other principal
executive officer of each political subdivision in the state shall notify the office of
emergency management of the manner in which the political subdivision is providing or
securing disaster planning and emergency services, identify the person who heads the
agency from which the services are obtained, and furnish additional information relating
thereto as the office of emergency management requires.
May 2018– Base Plan
Eagle County Emergency Operations Plan
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(8) Each local and interjurisdictional disaster agency shall prepare and keep current a
local or interjurisdictional disaster emergency plan for its area.
(9) The local or interjurisdictional disaster agency, as the case may be, shall prepare and
distribute to all appropriate officials in written form a clear and complete statement of the
emergency responsibilities of all local agencies and officials and of the disaster chain of
command.
Local Disaster Emergencies (C.R.S. § 24-33.5-709)
C.R.S. § 24-33.5-709 provides:
(1) A local disaster may be declared only by the principal executive officer of a political
subdivision. It shall not be continued or renewed for a period in excess of seven days
except by or with the consent of the governing board of the political subdivision. Any
order or proclamation declaring, continuing, or terminating a local disaster emergency
shall be given prompt and general publicity and shall be filed promptly with the county
clerk and recorder, city clerk, or other authorized record-keeping agency and with the
office of emergency management.
(2) The effect of a declaration of a local disaster emergency is to activate the response
and recovery aspects of any and all applicable local and inter-jurisdictional disaster
emergency plans and to authorize the furnishing of aid and assistance under such plans.
(3) No interjurisdictional disaster agency or official thereof may declare a local disaster
emergency unless expressly authorized by the agreement pursuant to which the agency
functions. An interjurisdictional disaster agency shall provide aid and services in
accordance with the agreement pursuant to which it functions.
Roles and Responsibilities
Police, fire, public health and medical, emergency management, public works, hazardous materials
response, and other personnel are often the first to arrive and the last to leave an incident site. When local
resources and capabilities are overwhelmed, local Chief Executive Officer (“CEO”) or their designee may
request assistance from additional districts, municipalities, or Eagle County.
Local Chief Elected Official
A Mayor or Chair of the Board and/or a jurisdiction’s CEO is responsible for the public safety and
welfare of the people of that jurisdiction. Responsibilities of the Local Chief Elected Official include:
Responsibility for coordinating local resources to address the full spectrum of actions to
prevent, prepare for, respond to, and recovery from incidents involving all hazards
including natural disasters, accidents, terrorism, and other contingencies.
Dependent upon state and local law, the CEO may have extraordinary powers to suspend
local laws and ordinances, such as to establish a curfew, direct evacuations, and, in
accordance with the local health authority, to order quarantine.
Provides leadership and plays key role in communicating to the public, and in helping
people, businesses, and organizations cope with the consequences of any type of
domestic incident within the jurisdiction.
Negotiates and enters into mutual aid agreements with other jurisdictions to facilitate
resource sharing.
May 2018– Base Plan
Eagle County Emergency Operations Plan
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Requests assistance through the appropriate channels when the jurisdiction’s capabilities
have been exceeded or exhausted.
Plan Maintenance
Eagle County EOP revision and subsequent revisions, supersedes all previous editions and is effective
immediately for planning, training and exercising, and preparedness and response operations.
All parties shall review and update the Eagle County EOP, annexes, and appendices every two (2) years.
All changes, revisions, and/or updates to the Plan its annexes and appendices shall be forwarded to Eagle
County Emergency Management (“ECEM”) for review, publication and distribution to all holders of the
Plan following the efforts of the lead agency to coordinate with its supporting agencies. If no changes,
revisions, and/or up-dates are required, ECEM shall be notified in writing by the agency lead that
respective plans, annexes, appendices, etc., have been reviewed and are considered valid and current.
The Eagle County EOP applies a functional approach that groups the capabilities of local departments and
agencies into ESFs to provide the planning, support, resources, program implementation, and emergency
services that are most likely to be needed during incidents or disasters. The response to actual or potential
incidents is typically provided through a full or partial activation of the ESF structure as necessary.
Each ESF is composed of primary and support agencies. The Eagle County EOP identifies primary
agencies on the basis of authorities, resources, and capabilities.
Support agencies are assigned based on resources and capabilities in a given functional area. The
resources provided by the ESFs reflect the resource kind and type categories identified in NIMS. The
scope of each ESF is summarized in each ESF section. ESFs are expected to support one another in
carrying out their respective roles and responsibilities.
NGO collaborate with first responders, governments at all levels, and other agencies and organizations
providing relief services to sustain life, reduce physical and emotional distress, and promote recovery of
disaster victims when assistance is not available from other sources.
Emergency Support Functions and Scope
ESF #1—Transportation - Civil transportation support, restoration/recovery of transportation
infrastructure, movement restrictions and damage and impact assessment.
ESF #2—Communications - Coordination with telecommunications industry, restoration/repair of
telecommunications infrastructure, protection and restoration of information resources and warnings
and/or notifications.
ESF #3—Public Works and Engineering - Infrastructure protection, emergency repair, infrastructure
restoration, engineering services, construction management and critical infrastructure liaison.
ESF #4—Firefighting - Firefighting Activities and resource support.
ESF #5—Emergency Management - Coordination of incident management efforts, management of
Emergency Operations Center (“EOC”).
May 2018– Base Plan
Eagle County Emergency Operations Plan
- 16 -
ESF #6—Mass Care, Housing, and Human Services - Mass Care, disaster housing, human services and
sheltering.
ESF #7—Resource Support - Resource support (facility space, office equipment, supplies, contracting
services, etc.) and financial management.
ESF #8—Eagle County Public Health and Environment and Medical Services - Public health,
medical (Emergency Medical Services & Hospital), mental health, mass fatality and mortuary services.
ESF #9—Search and Rescue - Life-saving assistance.
ESF #10—Hazardous Materials – Chemical, Biological, Radiological, Nuclear and Explosive
Response, environmental safety and short and long term cleanup.
ESF #11—Agriculture Natural Resources - Animal and plant disease/pest response, food safety and
food security.
ESF #12—Energy and Public Utilities - Energy infrastructure assessment, repair and restoration, energy
industry utilities coordination.
ESF #13—Public Safety and Security - Facility and resource security, security planning, technical and
resource assistance, public safety/security support, support to access, traffic, and crowd control.
ESF #14—Community Recovery and Mitigation - Social and economic community impact assessment,
long term community recovery assistance to local governments, and the private sector, mitigation analysis
and program implementation.
ESF #15—External Affairs - Emergency public information and protective action guidance, media and
community relations support to on scene incident management and management of Joint Information
Center (“JIC”).
Private Sector
Eagle County and primary and support agencies coordinate with the private sector to effectively share
information, form courses of action, and incorporate available resources to prepare for, respond to, and
recover from incidents or disasters.
Roles: The roles, responsibilities, and participation of the private sector during incidents or disasters vary
based on the nature of the organization and the type and impact of the incident. The roles of private sector
organizations are summarized below:
Impacted Organization or Infrastructure
Private sector organizations may be affected by direct or indirect consequences of the incident, including
privately owned critical infrastructure, key resources, and those main private sector organizations that are
significant to local, regional, and national economic recovery from the incident. Examples of privately
owned infrastructure include transportation, telecommunications, private utilities, financial institutions,
and hospitals.
Response Resource
Private sector organizations provide response resources (donated or compensated) during an incident
including specialized teams, equipment, and advanced technologies through local public-private
May 2018– Base Plan
Eagle County Emergency Operations Plan
- 17 -
emergency plans, mutual aid agreements, or incident specific requests from government and private
sector volunteered initiatives.
Regulated and/or Responsible Party
Owners/operators of certain private sector regulated facilities or hazardous operations may bear
responsibilities under the law for preparing for and preventing incidents from occurring, and responding
to an incident once it occurs. For example, federal regulations require owners/operators of Tier II
reporting facilities to maintain emergency (incident) preparedness plans, procedures, and to perform
assessments, prompt notifications, and training for a response to an incident.
Local Emergency Organization Member
Private sector organization members may serve as active partners in local emergency preparedness and
response organizations and activities.
Responsibilities
Private sector organizations support the Eagle County EOP (voluntarily or to comply with applicable laws
and regulations) by sharing information with the government, identifying risks, performing vulnerability
assessments, developing emergency response and business continuity plans, enhancing their overall
readiness, implementing appropriate prevention and protection programs, and donating or otherwise
providing goods and services through contractual arrangement or government purchases to assist in
response to and recovery from an incident.
Certain organizations are required by existing law and regulation to bear the cost of planning response to
incidents, regardless of cause. In the case of the an incident or disaster, these private sector organizations
are expected to mobilize and employ the resources necessary and available in accordance with their plans
to address the consequences of incidents at their own facilities or incidents for which they are otherwise
responsible.
Unless the response is inherently governmental, private sector organizations are encouraged to develop
and maintain capabilities to respond to and manage a complete spectrum of incidents and emergencies.
Local government should maintain ongoing interaction with the critical infrastructure and key resource
industries to provide coordination for prevention, preparedness, response, and recovery activities. When
practical, or when required under federal law, private sector representatives should be included in
planning and exercises.
The government may, in some cases direct private sector response resources when they have contractual
relationships, using government funds. The primary agency(ies) for each ESF must maintain working
relations with its associated private sector counterparts through partnership committees or other means.
(e.g., ESF #10, Hazardous Materials Response—Hazardous Materials Industries).
Citizen Involvement
Strong partnerships with citizens groups and organizations provide support for incident management
prevention, preparedness, response, recovery, and mitigation. The U.S. Citizen Corps brings these groups
together and focuses efforts of individuals through education, training, and volunteer service to help make
communities safer, stronger, and better prepared to address the threats of terrorism, crime, public heath
issues, and disasters of all kinds.
Local Citizen Corps Councils implement Citizen Corps programs, which include Community Emergency
Response Teams, Medical Reserve Corps, Neighborhood Watch, Volunteers in Police Service, and the
affiliate programs.
May 2018– Base Plan
Eagle County Emergency Operations Plan
- 18 -
These programs provide opportunities for special skills and interests; develop targeted outreach for
special needs groups, and organize special projects and community events.
Citizen Corps Affiliate programs expand the resources and materials available to local communities
through partnerships with programs and organizations that offer resources for public education, outreach,
and training; represent volunteers interested in helping to make their communities safer or offer volunteer
service opportunities to support first responders, disaster relief activities, and community safety efforts.
Concept of Operations
Incident Support
This section describes the local coordinating structures, processes, and protocols employed to manage
incidents or disasters in Eagle County. These coordinating structures and processes are designed to enable
execution of the responsibilities of each jurisdiction having authority and to integrate local, NGO, and
private sector efforts into a comprehensive approach to incident management.
A basic premise of the Eagle County EOP is that incidents are generally handled at the lowest
jurisdictional level possible. Police, fire, public health and medical and other personnel are responsible for
incident management and coordination at the local level. In the vast majority of incidents, local resources
and regional mutual aid resources provide the first line of emergency response and incident management
support.
When a local jurisdiction requires assistance with providing logistical support for an incident or when
several local jurisdictions are experiencing simultaneous incidents requiring similar resources, the Eagle
County EOC should be activated through the County Emergency Management Director or designee in
accordance with the EOC Plan (Appendix B) to coordinate efforts and provide appropriate support to the
incident command structure.
Strategic level interagency incident management coordination and course of action development are
facilitated by the Eagle County ESF’s located at the EOC. Public information will be managed by ESF
#15 and the Eagle County Public Information Officer Group operating in a Joint Information Center.
The framework created by these coordinating structures is designed to accommodate the various roles
local government plays during an incident, whether it is support to local agencies, or direct
implementation of the Eagle County incident management authorities and responsibilities under state and
federal law.
The organizational structure for incident management establishes a clear progression of coordination and
communication from the local level to the state level.
As illustrated below, the local incident command structures, Incident Command Posts (“ICP”), are
responsible for directing on-scene incident management and maintaining command and control of on-
scene incident operations.
May 2018– Base Plan
Eagle County Emergency Operations Plan
- 19 -
Eagle County EOC
The support and coordination components consist of an EOC staffed by the appropriate coordination
entities. The EOC provides a central location for operational information sharing and resource
coordination in support of on-scene efforts. This group is made of department/agency heads with
authority to make decisions and commit resources.
The Eagle County Policy Group aids the EOC by establishing priorities among the incidents and
associated resource allocations, resolving agency policy conflicts, and providing strategic guidance to
support incident management activities. The Policy Group consists of personnel with decision making
authority from affected jurisdictions. The Eagle County EOC is also the conduit to the State of Colorado
for resource assistance and other state and/or federal assistance.
Disaster Declarations
During actual or potential incidents or disasters, the overall coordination of local incident management
activities is executed by the agency (ies) with jurisdictional authority under NIMS. When an incident or
potential incident is of such severity, magnitude, and/or complexity that it is considered a disaster, the
Incident
Command Post
Incident
Command Post
Incident
Command Post
Eagle County
EOC
State of Colorado
Emergency Operations
Center
Incident
Command Post
Eagle County
EOC
Eagle County Policy
Group
May 2018– Base Plan
Eagle County Emergency Operations Plan
- 20 -
County may request a disaster declaration to initiate the support at the State. In the context of the Stafford
Act disasters or emergencies, the Department of Homeland Security coordinates supplemental Federal
assistance when the consequences of the incident exceed local and state capabilities.
Eagle County Joint Information Center
The Eagle County JIC serves as a focal point for the coordination and dissemination of information to the
public and media concerning incident prevention, preparedness, response, recovery, and mitigation. The
JIC staff develops, coordinates, and disseminates unified news releases. News releases are cleared
through the EOC and Incident Commanders to ensure consistent messages, avoid release of conflicting
information, and prevent negative impact on operations. This formal approval process ensures protection
of law enforcement sensitive information.
Agencies may issue their own news releases related to their policies, procedures, and capabilities,
however, these should be coordinated with the JIC.
In accordance with NIMS processes, resource and policy issues are addressed at the lowest organizational
level practicable. If the issues cannot be resolved at that level, they are forwarded up to the next level for
resolution.
The organizational structure above addresses both site specific incident management activities and the
broader issues related to the incident, such as impacts to the rest of the County, immediate County or
regional actions required to avert or prepare for potential subsequent events, and the management of
multiple threats or incidents (specifically those that are non-site specific, geographically dispersed, or
evolve over a long period of time).
May 2018– Base Plan
Eagle County Emergency Operations Plan
21
Command Structures Coordination Structures NIMS Framework
The structure for Eagle County EOP coordination is based on the NIMS construct:
Incident Command/Unified Command on-scene supported by Emergency Operations Center and Multi-agency
Coordination Groups.
Multi-agency Coordination Groups (MACGs)
Strategic Coordination
Prioritization between incidents and associated resource allocation
Focal point for issue resolution
Emergency Operations Center
Support and coordination
Identifying resource shortages and issues
Gathering and providing information
Implementing multi-agency coordination entity decisions
Incident Command/Unified Command
Directing on-scene incident management
Eagle County
Policy Group
State
MACG
Eagle County
EOC
Eagle County
JIC
State
EOC
Incident
Command Post
Incident
Command Post
Incident
Command Post
Other Incident Facilities
Incident Command Post
The tactical level, on-scene incident command and management organization is located at the ICP. It is typically comprised of designated incident management officials and
responders from local agencies, as well as private sector and non-governmental organizations. When multiple command authorities are involved, the ICP should be led by a
Unified Command, comprised of officials who have jurisdictional authority or significant functional responsibility for the incident under an appropriate law, ordinance, or
agreement. The Unified Command provides direct, on-scene control of tactical operations and utilizes the NIMS ICS organizational structure, typically including Operations,
Planning, Logistics, and Finance/Administration sections.
The ICP is usually located at or in the immediate vicinity of the incident site. The location is selected by the agency having primary jurisdictional authority for managing the
incident at this level. Generally, there is one ICP established for each incident. Depending on the number and location of incidents, there may be multiple ICP’s managed by an
Area Command.
ESF Coordinator
The ESF Coordinator is the primary agency representative who has ongoing responsibilities throughout the prevention, preparedness, response, recovery, and mitigation phases
of incident management. The role of the ESF Coordinator is carried out through a “multi-agency coordination approach” as agreed upon collectively by the designated primary
agencies. Responsibilities of the ESF Coordinator include:
Pre-Incident planning and coordination
Maintaining ongoing contact with ESF primary and support agencies
Conducting periodic ESF meetings and conference calls
Coordinating efforts with corresponding private sector organizations
Coordinating ESF activities relating to catastrophic incident planning and critical infrastructure preparedness as appropriate
Primary Agency
A local department or agency designated as an ESF primary agency serves as a local representative to accomplish the ESF mission. When an ESF is activated, the primary
agency is responsible for:
Orchestrating local support within their functional area for an affected jurisdiction
Provide staff for the operations functions at fixed and field facilities
Notify and request assistance from support agencies
Manage mission assignments and coordinate with support agencies
Work with appropriate private-sector organizations to maximize use of all available resources
Support and inform other ESFs of operational priorities and activities
Assisting with procurement of goods and services as needed
Ensure financial and property accountability for ESF activities
Plan for short term and long term incident management and recovery operations
Maintain trained personnel to support interagency emergency response and support teams
Support Agencies
When an ESF is activated in response to an incident, support agencies are responsible for:
Conducting operations, when requested by the primary ESF agency, using their own authorities, subject matter experts, capabilities, or resources
Participating in planning for short term and long term incident management and recovery operations and the development of supporting operational plans,
Standard Operating Procedures, checklists, or other job aids, in concert with existing first responder standards
Assist in the completion of situation assessments
Furnish available personnel, equipment, or other resource support as requested by the primary ESF agency
Participate in training and exercises aimed at continuous improvement of prevention, response, and recovery capabilities
Identify new equipment or capabilities required to prevent or respond to new or emerging threats and hazards, or to improve the ability to address existing threats
Provide information or intelligence regarding the agency’s area of expertise
EAGLE COUNTY EMERGENCY SUPPORT FUNCTIONS MATRIX
ESF1 ESF2 ESF3 ESF4 ESF5 ESF6 ESF7 ESF8 ESF9 ESF10 ESF11 ESF12 ESF13 ESF14 ESF15
Transportation Communications Public Works Fire Fighting Emergency Management Mass Care, Housing & HS Resources & Logistics Public Health & Medical SAR (Wilderness & Urban) Haz-Mat Ag.& Natural Resources Public Service Restoration Public Safety & Security Recovery & Mitigation Public Information Officer Agency Administrators S S S S S S S S S S S S S S U
Airport U S U S S S S S S S S S
Ambulance Districts S S S U S S U S S S S S S
Red Cross/Salvation Army S S S S S U S S S S S S S S S
Animal Services S S U S
Assessor's Office S S
Attorney's Office S S S S S
Community Development S S S S S S S U
Coroner U S
Commissioners/Councils L L L L L L L L L L L L L L L
Engineering S S S S S S S S S S
Extension Service S S S S
Facilities Maintenance S S U S S S S S S U S
Finance S S S S S S S S S S S S S S S
Fire Departments U S S U U S S S S/L U S S S S S
Fleet Services S S S
GIS S S S S S S S S S S S S S S S
Human Services S L S S S S S S S S S
Hospitals S S S U S S S U
Housing S S S
Human Resources S S S S S S S S S S S S S S S
Information & Technology U S S S S U S S
Law Enforcement U U S U U S S S U U S S U S U
PIO Group S S S S S S S S S S S S S S S
Private Sector S S S S S S S S S S S S S S S
Public Health & Environment U S U S
Public Safety Comm. S U S S S S S S S S S S S S S
Public Works U S U S S S S S S S S U S U S
RHMAEC U
School Districts S S S S S S
Transportation Dept. U S S S S S S S S S
Vail Mountain Rescue S S U S S S
L = LEAD ROLL U = UNIFIED ROLL S = SUPPORT ROLL
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970.748.4004 eric@avon.org
TO: Honorable Mayor Smith Hymes and Town Council members
FROM: Eric J. Heil, Town Manager
RE: Colorado Classic Host City Agreement
DATE: April 26, 2019
SUMMARY: RPM Events Group Colorado LLC (“RPM Events”) has approached the Town of Avon to request
that Avon serve as a “Host Town” for one day of a four day Colorado Classic road bike stage race to be held in
late summer. The race will be conducted from August 22-25, 2019. RPM Events proposes that Avon host the
second day, Friday, August 23, 2019. The Colorado Classic race this year will be an all women’s pro race event
which is intended to provide a world-class experience for the female athletes and attendees of the event.
The attached Town Participation Agreement defines the Town’s obligations and “Host Benefits.” The
agreement has not yet been fully reviewed but is presented to Council to introduce the terms.
Overall, serving as a Host Town provides substantial positive exposure for the Town of Avon which
advances Avon’s adopted 2016 Brand Platform and Marketing Plan, including Avon’s Position as “A mountain
playground for outdoor adventure” and the Strategy to “Leverage special events to tell your brand story . . . .”
As a Host Town, Avon would receive exposure through live broadcast which is distributed worldwide on a
streaming network and on a Tour Tracker app with a combined estimated reach of almost 2 million views [per
RPM Events materials], including two 30 second commercials and one custom content “infomercial” created by
Avon.
The race event would result would result in substantial traffic disruption and road closures for the route
which could be as much as three hours depending upon the route selection. This is an expected consequence
of hosting a bike race event. The race event also presents opportunities for Avon to host complimentary
activities in Nottingham Park, including a junior bike event, Friday afternoon beer garden and live music
entertainment.
HOST TOWN OBLIGATIONS: Avon would be primarily responsible for managing traffic and road closures in
the Town of Avon during the event; notifying affected property owners of road closures; working with other
communities and agencies as required by the route selection; providing the use of Nottingham Park and Town
facilities (Council chambers, Avon Pavilion, meeting rooms); recruiting and training volunteers; and preparing
media content for marketing and branding purposes.
ROUTE SELECTION: The start and finish would be in Avon. Town staff has indicated that a start-finish on
Lake Street fronting Nottingham Park would be preferable. The race route would most likely include a “parade
lap” through Avon at the start. The race event organizers are currently considering a series of circuits near
Avon including one or multiple loop laps in Eagle-Vail, one or two loop laps in Beaver Creek/Bachelor Gulch,
potentially a loop in Single Tree, or in the alternative, an “out and back” course from Avon to the Leadville area.
Routes which have loops and laps in the Avon area create more opportunity for spectators to view the race but
also create more traffic and road closure impacts. The out and back route minimizes traffic and road closures
impacts to Avon, but also minimizes the direct visual exposure of Avon’s location for a majority of the race
event.
FINANCIAL CONSIDERATIONS: Financial considerations are very preliminary and rough at this time and will
not be more defined until the race event route is determined, the extent of Host Town obligations are finalized,
and the extent of complimentary events is determined. At this time, financial costs are estimated to be (1)
approximately $30,000 value of in-kind staff time for coordination, use of public facilities, traffic control, safety
and production of media and branding content; (2) potentially $2,000 - $5,000 in direct costs for trash, banners,
signage, and miscellaneous expenses [NOTE: this is very general and undefined, but is likely to be more than
$0]; and (3) potentially $5,000 for complimentary events, including junior bike event, children’s activities, beer
garden, live music entertainment, etc. There is currently just over $167,000 in the Town’s Special Events fund
Avon Town Council
RE: Colorado Classic Town Participation Agreement
Date: April 26, 2019
Page 2 of 2
which is currently not allocated.
ECONOMIC RETURN: RPM Events anticipates that the race event organizers and staff will need 50 hotel
rooms. It is not anticipated that the race event will draw a significant number of other visitors to Avon for
overnight accommodations. It is expected that the event participants and organizers will depart Avon soon after
the Stage 2 race is finished. Direct economic return is not expected to be substantial. The primary economic
benefit is expected to be the broadcasting and media exposure in hosting a world class outdoor sporting event
that supports Avon’s branding platform (i.e. it will promote putting Avon “on the map” for national and
international pro bike race enthusiasts).
COMMUNITY BENEFITS: The expected community benefits include hosting an event which invites world class
female athletes to Avon, creates opportunities to locally support and celebrate a world class bike race event,
creates event activation in Avon’s commercial core, and provides opportunities for complimentary local events.
REQUESTED DIRECTION AND OPTIONS: Town Council is requested to provide direction on whether to
proceed with the race event. Due to the expected direct costs of the race event, existing 2019 Budget
appropriations for special events and available funds currently not allocated, Council can delegate to Town staff
authority to negotiate, finalize and execute the Town Participation Agreement.
Council can also request that the Town Participation Agreement come back to Council for review and
approval on May 14, 2018. Council may also desire to designate two Council members to work with Town staff
on the details of the Town Participation Agreement as well as the details of complimentary events.
If Council believes the in-kind costs, direct costs, and disruption to the community with road closures
outweighs the anticipated economic and community benefits, then Council should decline hosting this event.
RECOMMENDATION: If Council believes that the Avon community will support, participate and celebrate the
hosting of this event, then I recommend that the Town proceed with the Hosting Agreement. Specifically, based
on my understanding of Vail’s experience last year, I do not anticipate substantial outside visitor attendance.
Therefore, Avon should make every effort to promote, invite and involve the local community to attend and enjoy
this event, including adding complimentary events that would attract local attendance.
PROPOSED MOTIONS: OPTION 1: “I move to direct Town staff to proceed with the hosting of the Colorado
Classic Stage 2: Avon bike race event, including negotiation and execution of the Town Participation Agreement
and determining appropriate complimentary events for a total direct cost not to exceed $10,000.”
OPTION 2: “I move to direct Town staff to proceed with negotiations for hosting of the Colorado Classic Stage
2: Avon bike race event, including negotiation of the Town Participation Agreement, and to schedule the
Colorado Classic Town Participation Agreement (Stage 2: Avon) for Council consideration at its next regular
meeting on May 14, 2018.”
Thank you, Eric
ATTACHMENT A: Colorado Classic Overview
ATTACHMENT B: Colorado Classic Town Participation Agreement
LINK TO PROMOTIONAL VIDEO: https://vimeo.com/325497324
August 22–25
2019
2019 Colorado Classic Opportunities
#WE RIDE
Empowering Women of all Ages and Abilities through Sport
In 2019 the Colorado Classic will be one of the best professional women’s bike races in
the World. Not in our eyes, but in the eyes of the participants, their support teams, their
families and their fans.
Over the 4-day race, we will initiate a celebration of empowerment through sport in each
of the markets we engage, while providing a world-class experience for the female
athletes and attendees of the events.
Beyond the bike race we will provide programming and engagement opportunities that
expand into the outdoors market, intellectual discussions, community events and healthy
lifestyles.
Success is when like minded communities come together to support, inspire, and
celebrate each other. That is our Movement. That is our Mission.
Empowering Women through Sport
Competition Empowerment Health & Wellness
North America’s only women’s
standalone professional bike race,
the Colorado Classic will feature
over 100 world-class cyclists, and
boasts one of the largest prize
purses for any women’s race while
also offering team stipends
A women-lead speaker series that
embodies the culture of “women
supporting women” while starting
conversations that drive actions,
create awareness and inspire
changes
Signature events that bring the local
communities together to celebrate
health and wellness while harnessing
the power and benefits of physical
activity. Some examples of these
events are: Open Streets Denver,
Mayor’s Ride, Sunrise Yoga Sessions
and Spinning Pop-ups
A hand-picked gathering of health
and wellness vendors showcasing
their latest products and
technologies, surrounded by local
artisans and thoughtful food and
beverage offerings
Community Movement
More than a Race. A Movement.
A Break in the Mold A Catalyst for Change A Celebration of Movement A Curation of Health
#WeRide
Storytelling #WeRide Activations Women’s Advisory Board Influencer Network
We will launch the HERoes Show on our
Streaming Network running through
August. Creating custom content
around the Colorado Classic we will
give the audience an “inside the sport”
look at the female cyclist, her athletic
preparation and the reality of her day-
to-day.
Editorial Calendar to be provided upon
request
Programs and events leading up to
the race that are focused on
engaging the local community
around women empowerment in
sport. These will take shape as
women’s only rides, girls mountain
bike demos, etc, with a goal to
applaud and recognize women in
sports and their #WeRide passion
Complete calendar of activations to be
provided upon request
The Colorado Classic will align with key
individuals and organizations to help
advise and guide the construction of the
movement; thus creating an ambassador
program to help promote and elevate
our programs and activations. Shannon
Galpin, National Geographic Adventurer
of the Year and global activist will lead
this initiative.
Some initial partners are the Women’s
Foundation, Bicycle Colorado
A comprehensive influencer program
will engage both local and national
social media influencers working to
promote the Colorado Classic and the
#WeRide movement.
A selection of influencers will attend the event
and promote their weekend engagements.
#WeRide Movement
Please contact Lucy Diaz at RPM Events Group
for more information:
ldiaz@rpmeventsgroup.com | 619-347-9230
Join the Movement
COLORADO CLASSIC
TOWN PARTICIPATION AGREEMENT
(STAGE 2: AVON)
This Colorado Classic Town Participation Agreement (hereinafter referred to
as the “Agreement”) is entered into as of the ___ day of April, 2019 (the “Effective
Date”), by and between RPM Events Group Colorado LLC, a Colorado limited liability
company (“RPM”), and the Town of Avon (“Town”) a municipal corporation organized
under the laws of the State of Colorado. RPM and Town are sometimes hereinafter
collectively referred to as the “Parties” and individually as a “Party”.
RECITALS
WHEREAS, RPM has developed, owns and operates a multi-day, women’s
cycling race known as the COLORADO CLASSIC (the “Event”), scheduled to take place
in various locations in Colorado from August 22-25, 2019;
WHEREAS, RPM has contracted Medalist Sports, LLC (“Medalist”) to assist
with organizing and coordinating the Event;
WHEREAS, Town wishes to acquire the rights and benefits of hosting the Host
Town Stage (as defined herein) and to undertake all of the obligations related to such
hosting, all in accordance with the terms and conditions of this Agreement and RPM
wishes to grant such rights to Town in accordance with the terms and conditions of this
Agreement.
AGREEMENT
NOW THEREFORE, in consideration of the promises and covenants contained
herein and for other good and valuable consideration, the sufficiency and receipt of which
are hereby acknowledged, the Parties hereby agree as follows:
1) Designation of Host Town and Location of Host Town Stage. RPM hereby
grants to Town (the “Host Town”) the right to host Stage 2 (the “Host Town Stage”) of
the Event and Host Town hereby agrees to host the Host Town Stage and to undertake
and perform the Host Town Obligations (as defined herein), in accordance with the terms
and conditions of this Agreement. The Host Town Stage is scheduled to occur in the
town of Avon, Colorado, on Friday, August 23, 2019. The specific location of the Host
Town Stage within Avon, Colorado (the “Host Town Location”) shall be mutually agreed
upon by RPM and Host Town.
2) Term. The term of this Agreement shall begin on the Effective Date and, unless
earlier terminated in accordance with the terms of this Agreement, shall terminate on
September 30, 2019 (the “Term”).
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
2
3) Host Town Financial Obligations. In consideration of the agreement by RPM to
provide the Host Town Benefits (as defined below) and to grant Host Town the right to
host the Host Town Stage, Host Town shall provide the following
a)Event Revenues. Host Town acknowledges and agrees that RPM shall be
entitled to retain all revenues attributable to the Event, the Host Town Stage and the Host
Town Stage Location, except as may be specifically set forth in Sections 3c and 8 of this
Agreement.
b) Expenses. Host Town shall be responsible for the entire cost and expense
of undertaking and performing those Host Town Obligations listed in Section 4 of this
Agreement and in otherwise discharging its obligations under this Agreement.
c)Local Revenues.
(1) Parking. Host Town may offer parking for spectators for the Host
Town Stage. Host Town may retain all revenues from such parking and shall be
responsible for all parking expenses.
(2) Food and Beverage Concessions. Subject to certain VIP
hospitality to be offered exclusively by RPM, Host Town may offer food and beverage
concessions at the Host Town Stage Location for purchase. Host Town may retain all
revenues derived from food concessions and shall be responsible for all expenses in
connection with such concessions.
4) Host Town In-Kind Obligations. In consideration of the agreement by RPM to
provide the Host Town Benefits (as defined below) and to grant Host Town the right to
host the Host Town Stage, Host Town shall provide the following at no additional cost or
expense to RPM and in accordance with the terms and conditions specified herein and in
Exhibit A to this Agreement, attached hereto and incorporated herein by this reference
(collectively, the “Host Town Obligations”):
a)Organizational Structure. Host Town shall appoint one or more chairperson(s) to
be responsible for performance of Host Town’s obligations under this Agreement.
Such chairperson(s) shall be responsible for appointing/hiring individuals with
sufficient, relevant experience to work on the Event during the Host Town Stage
in the following areas (Host Town has the option to have one individual handle
more than one responsibility):
Technical/Production Director
Media/PR Director
Marketing Director
Volunteer Director
Sponsorship Director
VIP Hospitality Director
Expo, Ancillary Events and Ceremony Director
b) Publicity and Promotion. Host Town shall use its best efforts to publicize the
Event and the Host Town Stage through all local media, subject to the review and
approval of RPM in its sole and absolute discretion. Host Town will cooperate
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3
with RPM and its contractors in implementing RPM’s media and marketing plan,
including, without limitation, accommodating television broadcasters and Event
Sponsors.
c)Auxiliary Space and Equipment for Event: Host Town shall provide the areas,
premises and equipment designated on Exhibit A in accordance with the time
frames and specifications set forth therein.
d) Police Services: Host Town shall provide local police to work in coordination
with the Colorado Highway Patrol, Colorado Department of Transportation, RPM
and Medalist representatives and Host Town volunteers, to provide for safe road
closures and course safety, fixed-post positions, traffic and crowd control and
general public safety during the Host Town Stage.
e)Permits: Host Town shall procure all local permits and pay all fees required to
hold the Host Town Stage in the Host Town Location, including, but not limited
to, special event permits, parking permits, road closure and use permits, alcohol
permits/liquor license, and concession sales permits.
f) EMS/EMT Services: Host Town shall provide emergency medical services and
emergency medical technicians at the Host Town Stage Location to serve the
general public on the day of the Host Town Stage.
g) Waste Management/Trash Removal/Recycling: Host Town shall provide all
waste management, trash removal and recycling services required at the Host
Town Stage Location during the Host Town Stage, including, without limitation,
post Host Town Stage cleanup following the conclusion of the Host Town Stage.
h) Volunteers: Host Town shall recruit and train the number of volunteers
designated on Exhibit A to assist local police and RPM and Medalist personnel
with various functions, as determined by RPM and Medalist in their sole
discretion. All volunteers shall be trained by Host Town to perform their assigned
duties and services in a professional and highly competent manner, to the best and
full limit of their abilities at all times and in accordance with the highest quality
standards and all applicable laws, rules and regulations, including, without
limitation, those established by Host Town, RPM and Medalist. All volunteers
will be required to sign the “2019 Volunteer Waiver and Release of Liability,
Assumption of Risk, Covenant Not to Sue, and Indemnity Agreement” form for
the Event.
i)Event Course Layout and Host Town Stage Location. Host Town shall assist
RPM in obtaining a design and layout of that portion of Avon and Eagle County
(if applicable) through which the Host Town Stage Race Course (the “Stage 2
Course”) shall run and shall provide access to and use of the Stage 2 Course
without imposition of any site fees.
j)Ambush-Free Zone. Host Town shall work with RPM to create a zone that
consists of the Host Town Stage Location and a radius (to be determined by RPM
in its sole and absolute discretion) around the Host Town Stage Location (the
“Ambush-Free Zone”) that shall be free from temporary merchandise sales,
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
4
temporary advertising, and temporary signs and inflatable items. Nothing herein
shall obligate Host Town to take any action relating to permanent retail
establishments in the Ambush-Free Zone.
k) Ambush Marketing. Host Town shall use its commercially reasonable efforts to:
(1) minimize the “ambush marketing” of Event Sponsors (hereinafter defined) and
Local Stage Sponsors (hereinafter defined) in and around the Town of Avon,
Colorado and the Host Town Stage Location during the Event; (2) prevent
Commercial Exploitation Rights (as hereinafter defined) identified with Host
Town from being granted by any governmental agency to any entity that is not an
Event Sponsor during the period commencing two (2) weeks prior to the first day
of the Event and continuing through the Tuesday following the last day of the
Event; and (3) prevent other Host Town-controlled and conflicting major
sporting, civic or cultural events from being scheduled in the Town of Avon,
Colorado during the week prior to, through the week following, the Event, unless
such major sporting, civic or cultural events are approved in writing by RPM and
under such conditions as RPM may specify, in RPM’s sole and absolute
discretion.
l) Event Sponsor Recognition. Host Town agrees that RPM shall have the right to
feature Event Sponsors at the Host Town Stage Location and that RPM, in its sole
and absolute discretion, shall determine the content and placement of the signage,
recognition and visibility of such Event Sponsors. Host Town shall facilitate the
recognition of such Event Sponsors.
m) Sale of Merchandise. Host Town shall not, without the prior written consent of
RPM, which may be withheld in RPM’s sole and absolute discretion, sell or offer
any merchandise at the Host Town Stage Location during the Event other than
that merchandise designated by RPM.
n) Reference to Name of Event. Host Town shall refer to the Event by the exact
name supplied by RPM from time-to-time, including any title or presenting
sponsor identification (should title or presenting sponsorship rights be granted),
and shall include, in all agreements that Host Town may enter into with third
parties, a requirement that all third parties utilize the exact name for the Event
supplied by RPM from time-to-time.
o) Proposed Host Town Contracts. Host Town shall submit to RPM for prior review
and approval, such approval not to be unreasonably withheld, denied or
conditioned, all material contracts that Host Town proposes to enter into with
respect to the obligations undertaken by Host Town in connection with the Event;
and (2) Host Town’s organization of any Ancillary Events (as defined below).
All such proposed Host Town contracts shall be subject to the terms of Section 9
of this Agreement. Notwithstanding anything to the contrary herein, Host Town
shall not enter into and RPM shall have no obligation to approve, any contract
that would conflict with or violate the terms of any exclusive rights granted by
RPM to any third-party in connection with the Event, including, without
limitation, any sponsor of the Event.
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
5
p) Guidelines and Amendments. All services and other activities required to be
performed or provided by Host Town pursuant to this Agreement shall be
performed or provided in compliance with all reasonable guidelines, standards,
policies and directives (collectively, “Guidelines”) developed and issued by RPM
from time to time.
q) Promotion of Goodwill. Host Town shall conduct the activities contemplated by
this Agreement in such a way as to promote the goodwill associated with the
Event and the RPM Sponsors, and will not at any time disparage the name,
reputation, or image of the Event, RPM or the Event Sponsors.
r) Other Services. Host Town shall provide all those additional services and
obligations set forth in Exhibit A, attached hereto.
5) Host Town Benefits. In consideration of full performance by Host Town of its
obligations under this Agreement, RPM shall provide those benefits described in Exhibit
B, attached hereto (collectively, the “Host Town Benefits”). Notwithstanding anything to
the contrary herein, to the extent any of the Host Town Benefits consist of content
produced or created by Host Town or a third party, RPM shall not be responsible or have
any liability for such content. Host Town acknowledges and agrees that due to the nature
of the Event, the type of Host Town Benefits offered, and the lack of control RPM has
over third parties that may be facilitating or providing some aspect of the Host Town
Benefits, RPM shall have the right to substitute any Host Town Benefits from time to
time as it deems reasonably necessary with alternative benefit substantially equal in
scope, quantity, duration and exposure, as determined by RPM in its sole discretion.
6) Credentials. RPM shall be responsible for producing all credentials for the
Event, including the Host Town Stage and Host Town Stage Location and further
including credentials for members of the media and operational personnel, which
credentials shall be produced at the sole expense of RPM. RPM shall be responsible for
all decisions regarding to whom media, VIP and operational credentials should be issued
and shall establish all rules and regulations regarding media access to the Event, the Host
Town Stage and the Host Town Stage Location.
7) Ancillary Events. Host Town may create, organize and present events ancillary
to the Host Town Stage (collectively, “Ancillary Events”); provided, however, that RPM
must approve all Ancillary Events in advance in writing, in accordance with Section 4(o),
above. Host Town shall be responsible for all expenses of creating, organizing and
presenting such ancillary events and shall indemnify RPM for any liability associated
with such events. Host Town may retain all revenues generated by such ancillary events.
8) Local Sponsorships. Host Town acknowledges and agrees that RPM holds and
retains superior rights to grant sponsorships for the Event, including, without limitation,
title and presenting sponsors (collectively, the “Event Sponsors”). Notwithstanding the
foregoing, RPM grants to Host Town the right to solicit and secure local sponsors to
support the activities of Host Town in connection with the Host Town Stage, subject to
the following terms and conditions:
a) RPM Approval. All proposed Local Stage Sponsors (as defined below), including
the proposed recognition and benefits to be provided to such sponsor, must be
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
6
presented to RPM for prior review and written approval, which approval may be
withheld or conditioned in RPM’s sole and absolute discretion.
b) Designation. Each sponsor secured by Host Town (a “Local Stage Sponsor”)
shall be given the designation “Local Stage Sponsor.” A Local Stage Sponsor
may not be referred to nor describe its involvement with the Host Town Stage as a
sponsor of the Event.
c)Local Sponsorship Guidelines. Local Stage Sponsor rights shall be subject to the
following guidelines:
(1) Sponsorship Priority. The title sponsor of the Event as well as all
other sponsors of the Event designated by RPM shall have priority over and rights
superior to that of any Local Stage Sponsor.
(2) Submission of Materials to RPM. Host Town must submit all
prospective sponsor lists and packages, art work, copy and designs to RPM for written
approval in advance, which approval may be withheld in RPM’s sole and absolute
discretion.
(3) Use of Event Marks. Host Town has no authority to grant a
sublicense to, and Local Stage Sponsors shall have no right to use the Event Marks at any
time.
(4) No Other Recognition. Local Stage Sponsors shall not receive any
endorsements from individual athletes participating in the Event without such athlete’s
prior written permission, nor will Local Stage Sponsors be guaranteed broadcast exposure
of any type.
9) Required Clauses. Host Town shall include the following clauses in each and
every contract or agreement that Host Town enters into in connection with this
Agreement, the Event, or the Host Town Stage:
a)Commercial Identification Prohibition. A clause providing that neither the
party contracting with or providing goods or services to Host Town in connection with
the Host Town Stage, the Event and/or Ancillary Events (each a “Contracting Party”),
nor its affiliates, agents, representatives, employees, suppliers or subcontractors shall
commercially exploit in any manner the nature of their transaction or the goods and/or
services provided to Host Town for the Host Town Stage or the Event, including without
limitation: (1) by referring to the transaction or the goods or services, Host Town, the
Host Town Stage or the Event and/or Ancillary Events related thereto in any sales
literature, advertisements, letters, client lists, press releases, brochures or other written,
audio or visual materials; (2) by using or allowing the use of the Event Marks or any
other service mark, trademark, copyright or trade name now or which may hereafter be
owned or licensed to signify the Event in connection with any service or product; or (3)
by otherwise disclosing their affiliation with Host Town or the Host Town Stage or the
Event and/or Ancillary Events related thereto for a commercial purpose.
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
7
b) Clearances and Licenses. A clause providing that the Contracting Party is
responsible for providing all clearances, licenses, permissions and consents (including
without limitation all music clearances, synchronization rights, union and guild fees and
the like) as may be necessary for the party to perform its contractual obligations with
regard to all such events, to the extent permitted by RPM, in any and all media and in any
and all forms, whether now known or hereafter developed.
c) Indemnification. A clause providing that the Contracting Party shall
release, indemnify, defend and hold harmless RPM, Medalist Sports, the State of
Colorado, Union Cycliste Internationale (“UCI”), and all Event Sponsors, and their
respective parent, subsidiary, and affiliated companies and each of their respective
shareholders, members, trustees, partners, officers, directors, agents, volunteers,
employees, and other representatives (collectively, the “RPM Parties”) from and against
any claims, demands, damages, liabilities, lawsuits, losses or expenses, including without
limitation, interest, penalties, reasonable attorney’s fees, and all amounts paid in the
investigation, defense or settlement of any or all of the foregoing (“Claim” or “Claims”)
resulting from, arising out of or in connection with the Contracting Party’s actions and/or
inactions related in any way to such contract.
d) Compliance with Law. A clause providing that the Contracting Party shall
comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal
or promulgated by other agencies or bodies having or claiming jurisdiction) applicable to
the performance of such party’s obligations to Host Town.
e) Exculpation Clause. A clause providing that the Contracting Party shall
look solely to the assets of Host Town for any recourse and shall fully release RPM and
the RPM Parties from any damages, loss or liability.
f) Insurance. A clause providing that the Contracting Party shall maintain, at
no cost to RPM or the RPM Parties, appropriate insurance coverage for Claims arising
out of the Contracting Party’s operations, personnel, products and services. All such
insurance provided by each Contracting Party shall (1) be primary to and non-
contributory with any insurance maintained by Host Town, RPM and the RPM Parties;
(2) be written by insurance companies with ratings of “A” or better in the latest edition of
the A.M. Best key rating guide; and (3) provide that coverage may not be materially
changed, reduced or cancelled unless thirty (30) days prior written notice thereof is
furnished to Host Town and RPM. All liability policies shall be endorsed to name Host
Town, RPM, Medalist and the RPM Parties as Additional Insureds, and shall include a
waiver of subrogation in favor of the Additional Insureds. Each Contracting Party shall
be solely responsible for the costs of all deductibles under such policies and shall remain
solely and fully liable for the full amount of any Claims not covered by insurance. Each
Contracting Party shall provide Host Town and RPM with certificates of insurance
certifying that the appropriate insurance, as described in Section 22b below, is in place and
that the policies have been properly endorsed to meet the insurance requirements.
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
8
10) Licenses to Use Marks.
a) Event Marks.
(1) Acknowledgements Regarding Event Marks. Host Town
acknowledges RPM retains the rights to sell title and presenting sponsorships in and to
the Event and, in such event, to incorporate the name and/or marks of such title and/or
presenting sponsor into the Event Marks or to develop new marks and logos for the
Event, acknowledging such title and/or presenting sponsor’s relationship with and
support for the Event. Host Town acknowledges the foregoing and that the term “Event
Marks” as used herein may also refer to the Event Marks as such may be expanded to
include the name and/or marks of a title and/or presenting sponsor of the Event. Upon
being advised by RPM of a change to the Event Marks in the event of a sale of title or
presenting sponsorships, Host Town agrees to utilize the updated Event Marks with the
name and/or marks of a title and/or presenting sponsor, all as designated by RPM.
(2) License to Use Event Marks. RPM hereby grants to Host Town a
limited non-exclusive license to use the name, logos, trademarks, service marks, designs,
product and service identification, artwork and other symbols and distinctive indicia
associated with the Event and identified in Exhibit “B” hereto (the “Event Marks”)
during the Term of this Agreement, in accordance with the terms of this Agreement and
the Event Marks Guidelines set forth in Section 9a(6) herein below, solely at or in
connecting with the site of the Host Town Stage, including the Host Town Stage
Location. The foregoing license is subject to the right of RPM to review and approve in
advance all such uses of the Event Marks. Host Town shall have no right to assign,
license or “pass-through” rights to use the Event Marks to any other person or entity. In
exercising this license to use the Event Marks and in each and every reference to the
Event, Host Town shall utilize the Event Marks and the exact name of the Event
designated by RPM, which shall include the name of any title and/or presenting sponsor.
The Parties acknowledge and agree that, upon the expiration or termination of the Term
of this Agreement, Host Town shall cease to use the Event Marks.
(3) License Does Not Extend to Merchandise. Host Town shall not
manufacture or sell, or license the manufacture or sale of, any promotional or other
merchandise which bears the Event Marks.
(4) Acknowledgements Regarding Goodwill. Host Town
acknowledges the great value of goodwill associated with the Event Marks. Host Town
acknowledges that the goodwill attached to the Event Marks belongs exclusively to RPM.
Host Town agrees that any and all goodwill and other rights that may be acquired by the
use of the Event Marks by Host Town shall inure to the benefit of RPM.
(5) No Disparagement by Host Town. Host Town will not, at any
time, disparage, dilute or adversely affect the validity of the Event Marks or take any
action, or otherwise suffer to be done any act or thing which may at any time, in any way
materially adversely affect any rights of RPM in or to the Event Marks, or any
registrations thereof or which, directly or indirectly, may materially reduce the value of
the Event Marks or detract from their reputation. This section shall not be interpreted to
preclude any action or proceeding by Host Town to enforce or defend its rights under this
Agreement and shall not preclude Host Town or its representatives from communicating
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
9
information, which Host Town reasonably determines to be factually accurate, pertaining
to the Event, its organizers or sponsors.
(6) Event Marks Guidelines. Any use of the Event Marks during the
Term shall be further subject to the following conditions and limitations (collectively, the
“Event Marks Guidelines”):
(a) The Event Marks shall be used in accordance with the
Graphics Standards Manual, published by RPM from time-to-time;
(b) Host Town shall not use the Event Marks in any manner
that is misleading or that reflects unfavorably upon the reputation of the Event, RPM, the
State of Colorado or any competitor in the Event or in any manner that is contrary to
applicable laws and regulations, including, without limitation, those relating to truth in
advertising and fair trade practices;
(c) Host Town shall not (i) permit any tradename or mark of a
third party to appear in conjunction with Host Town’s materials that display any of the
Event Marks; or (ii) participate with any third party in a promotion using the Event
Marks or permit the Event Marks to be used in a manner that could be reasonably
interpreted as a promotion or endorsement of a third party’s products or services;
(d) Host Town shall not use the Event Marks without the
appropriate trademark or copyright designation as required by RPM;
(e) Host Town acknowledges that its selection to host the Host
Town Stage is not based upon the results of any quality comparison between Host Town
and any other municipality within the State of Colorado, and agrees that it shall not
represent otherwise to any third party or use the expressions “selected,” “approved,”
“warranted,” “preferred,” or “consented to” by the Event or any similar endorsement;
(f) Host Town shall not use the license granted under this
Agreement in any comparative advertising; and
(g) Host Town shall not, after the expiration or termination of
this Agreement, use any slogan or graphic device that was developed for use in
conjunction with the Event Marks if such slogan or graphic device implies an ongoing
association with the Event.
(h) Host Town shall cooperate with RPM in preventing
unauthorized use of the Event Marks. Host Town, in conjunction with appropriate
governmental entities, will help to identify and communicate information to RPM
regarding unauthorized use of the Event Marks, including but not limited to, sales or
distribution of unlicensed merchandise. The decision to pursue civil legal action or settle
claims against an unauthorized user of the Event Marks or against a seller or distributor
of unlicensed merchandise will be at the sole discretion of RPM.
(i)
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
10
b) Host Town Marks.
(1) License to Use Host Town Marks. Host Town hereby grants to
RPM a limited non-exclusive license to use the name, logos, trademarks, service marks,
designs, product and service identification, artwork and other symbols and distinctive
indicia of Host Town and identified in Exhibit “C” attached hereto (the “Host Town
Marks”) during the Term of this Agreement in accordance with the terms of this
Agreement and the Host Town Marks guidelines in accordance with Section 9b(2) of this
Agreement, specifically to provide Host Town with the Host Town Benefits. The
foregoing license is subject to the right of Host Town to review and approve in advance
all such uses of the Host Town Marks. RPM shall have no right to assign, license or
“pass-through” rights to use the Host Town Marks to any party, except as necessary to
fulfill its obligations set forth in this Agreement. The Parties acknowledge and agree
that, upon the expiration or termination of the Term of this Agreement, RPM shall
discontinue any use of the Host Town Marks and RPM may continue to use the Event
Marks.
(2) Host Town Marks Guidelines. RPM shall utilize the Host Town
Marks pursuant to the license granted herein in accordance with those graphics standards
supplied by Host Town to RPM in writing from time-to-time.
11)Trademarks.
a)Event Marks.
(1) The Event Marks, specifically including but not limited to the
words “Colorado Classic”, are and shall remain the property of RPM and RPM shall take
all steps reasonably necessary to protect such Event Marks, which steps may include
registrations through the United States Patent and Trademark Office (“PTO”) and foreign
registrations, as it deems desirable and through reasonable prosecution of infringements.
(2) The rights licensed by RPM to Host Town with respect to use of
the Event Marks shall convey license rights only and shall convey no rights of ownership
in or to the Event Marks.
(3) RPM represents and warrants that it has the right to use the Event
Marks, specifically including but not limited to the words “Colorado Classic,” and to
license the use of the Event Marks to Host Town as set forth in Section 9a of this
Agreement.
(4) Host Town acknowledges RPM shall own all right, title and
interest in and to the Event Marks. RPM shall have the right to take all steps reasonably
necessary to protect the Event Marks through appropriate state and PTO registrations and
such foreign registrations as it deems desirable and through reasonable prosecution of
infringements. RPM shall be the record owner of all such registrations for the Event
Marks. Host Town shall cooperate as reasonably necessary to assist RPM in obtaining
such trademark protection and in prosecuting any alleged infringements of the Event
Marks.
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
11
b) Host Town Marks.
(1) The Host Town Marks are and shall remain the property of Host
Town and Host Town shall take all steps reasonably necessary to protect such Host Town
Marks through state, PTO and foreign registrations as it deems desirable and through
reasonable prosecution of infringements.
(2) Host Town represents and warrants that it has the right to use the
Host Town Marks and to license the use of the Host Town Marks to RPM for use in
connection with the Event and to provide the Host Town Benefits.
(3) The rights granted to RPM by Host Town with respect to use of the
Host Town Marks shall convey license rights only and shall convey no rights of
ownership in or to the Host Town Marks.
12) Merchandising. The Parties acknowledge and agree that RPM shall be the sole
licensor of all Event-related merchandise bearing the Event Marks and/or otherwise
relating to the Event in any way (the “Event-Related Merchandise”). Host Town shall
have the right to purchase Event-Related Merchandise from the licensee for such Event-
Related Merchandise at amounts to be agreed upon by and among RPM, Host Town and
such licensee, but shall have no right or license to manufacture or distribute Event-
Related Merchandise or any other merchandise bearing the Event Marks.
13) Approvals.
a) Host Town shall submit to RPM for its prior written approval, which may
be withheld or conditioned in RPM’s sole and absolute discretion, all proposed uses of
the Event Marks that Host Town wishes to make pursuant to the limited license granted
to Host Town in this Agreement, including but not limited to submission of
representative samples of all advertising, promotional and other materials to be used in
connection with Host Town’s products and services as well as any premiums that Host
Town may wish to use containing the Event Marks. If Host Town’s request is not
responded to by RPM within ten (10) business days after RPM has received the material
from Host Town, Host Town shall provide written notification to RPM of such fact and
Host Town agrees that any such proposed materials shall be deemed denied if Host
Town’s request is not responded to within five (5) business days following RPM’s receipt
of such written notice. Host Town shall not distribute any material without the prior
written approval of RPM.
b) Host Town shall supply free of charge to RPM for administrative and
archival purposes two (2) originals of all advertising, promotional or other materials in
connection with the products and services to be used by Host Town in connection with
the licenses granted under this Agreement.
c) All requests for approval, including representative samples of all
advertising, promotional and other materials, shall be sent to RPM at the address for
notices under this Agreement to the attention of the individual designated to receive
notices for RPM.
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
12
14)Broadcast and Media Rights; Other Commercial Exploitation of Event. As
between Host Town and RPM, RPM controls all rights to distribute, promote, market and
otherwise commercially exploit the Event and the Host Town Stage by means of any and
all audio, visual and audiovisual media of all types, including but not limited to
television, radio, Internet, print and wireless devices, as well as with respect to
sponsorship, licensing, hospitality, merchandising, and other marketing rights with
respect to the Event (“Commercial Exploitation Rights”), and Host Town will not purport
to grant or license any such Commercial Exploitation Rights to a third party without the
prior express written approval of RPM.
15)Ownership and Protection of Intellectual Property.
a)Ownership of Intellectual Property.
(1) Subject to the terms of Sections 10 and 11of this Agreement, each
Party shall own all right, title and interest in and to all intellectual property created by or
on behalf of such Party in connection with this Agreement, including without limitation,
all logos, names, ideas, concepts, creative materials, promotional materials, advertising
and graphics, including all copyrights and proprietary rights therein, and any inventions
and discoveries first conceived or developed by the Party in connection with its
performance under this Agreement, whether or not protected by patent, trade secret or
copyright, subject to the ownership rights of the other Party to such other Party’s
trademarks to the extent that such are incorporated into such intellectual property (such
property being collectively referred to as the “Intellectual Property”). That Intellectual
Property which has been or will be created by or on behalf of Host Town is referred to as
the “Host Town Intellectual Property” and that Intellectual Property which has been or
will be created by or on behalf of RPM is referred to as the “Colorado Classic Intellectual
Property.”
(2) Notwithstanding the foregoing, the Parties acknowledge and agree
that the Event Marks and the distinctive colors, concepts, indicia and look displayed by
RPM throughout the Event and by RPM in its regular business operations and materials
shall constitute Colorado Classic Intellectual Property and therefore be owned by RPM.
Host Town expressly acknowledges that the Parties have agreed that all copyrightable
aspects of the Colorado Classic Intellectual Property are to be considered “works made
for hire” within the meaning of the Copyright Act of 1976, as amended (the “Act”), of
which RPM is to be the “author” within the meaning of the Act. All such copyrightable
works, as well as all copies of such works in whatever medium fixed or embodied, shall
be owned exclusively by RPM as its creation, and Host Town expressly disclaims any
interest in any of them. Host Town expressly acknowledges that it is not a joint author
and that the Colorado Classic Intellectual Property and all other work created by RPM
hereunder are not joint works under the Act.
(3) In the event (and to the extent) that any Colorado Classic
Intellectual Property or any part or element thereof is found as a matter of law not to be
“work made for hire” within the meaning of the Act, Host Town hereby conveys and
assigns to RPM the sole and exclusive right, title and interest in the ownership to all such
Colorado Classic Intellectual Property, and all copies of it, without further consideration,
and agrees to assist RPM’s efforts to register, and from time to time to enforce, all
patents, copyrights, and other rights and protections relating to the Colorado Classic
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
13
Intellectual Property in any and all countries. To that end, Host Town agrees to execute
and deliver all documents requested by RPM to evidence any assignment as well as
otherwise in connection therewith.
(4) Host Town understands that the term “moral rights” means any
rights of paternity and integrity, including any right to claim authorship of a
copyrightable work, to object to a modification of such copyrightable work and any
similar right existing under the judicial or statutory law of any country or under any
treaty, regardless of whether or not such right is referred to as a “moral right,” including,
without limitation, the rights of attribution and integrity in works of visual art pursuant to
17 U.S.C. § 106A. Host Town irrevocably waives and agrees never to assert any moral
rights Host Town may have in the Colorado Classic Intellectual Property, even after any
termination or expiration of this Agreement.
(5) The Parties agree to affix appropriate copyright and trademark
notices as reasonably designated by the other, together with their own notices as
appropriate, on the Colorado Classic Intellectual Property to identify RPM as the owner
of the Colorado Classic Intellectual Property and Host Town as the owner of the Host
Town Marks.
b) Protection of Intellectual Property.
(1) Host Town acknowledges that it has no right, title or interest in the
Event Marks and that nothing in this Agreement shall be construed as an assignment to
Host Town of any right, title or interest in the Event Marks, except the license to use of
the Event Marks as provided in this Agreement.
(2) Host Town agrees that RPM shall have the sole right to determine
whether any action should be taken to terminate unauthorized use of the Event Marks or
to settle any proceeding brought by RPM to terminate such unauthorized use. All
proceeds from any enforcement action shall belong exclusively to RPM.
(3) RPM and Host Town agree to assist each other in the defense of
any proceeding or claim with respect to the use of any Event Marks by Host Town in
accordance with the terms of this Agreement. RPM agrees to defend, at its expense, any
such proceeding or claim on behalf of Host Town. Host Town shall be permitted to
retain, at its expense, separate counsel in such defense.
16) Reservation of Rights. RPM reserves all rights not expressly licensed to Host
Town under this Agreement. Any and all rights of RPM, including those in and to the
Event and the Event Marks, not expressly granted to Host Town under this Agreement
are reserved to RPM and may be exercised, marketed, exploited or disposed of by RPM
concurrently with the Term of this Agreement in such form and manner as RPM wishes.
Host Town acknowledges and agrees that this Agreement does not convey or grant to
Host Town any rights of ownership in or management of the Event, RPM or the Event
Marks.
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
14
17) Representations and Warranties.
a) By RPM. RPM represents and warrants that:
(1) It has the full right, power and legal authority to enter into and
fully perform this Agreement in accordance with its terms; to its knowledge there are no
other agreements that will interfere with its full performance hereunder; and it will fully
comply with all federal, state and local laws, rules and regulations applicable to the day-
to-day conduct of its business and to its obligations and performances hereunder; and
(2) To its knowledge, the Event Marks do not infringe the trademarks
or other proprietary rights of any other person or entity;
b) By Host Town. Host Town represents and warrants that:
(1) Host Town has the full right, power and legal authority to enter
into and fully perform this Agreement in accordance with its terms without violating the
rights of any other person, that there are no other agreements or commitments, oral or
written, that will interfere with its full performance hereunder and that it will fully
comply with all federal, state and local laws, rules and regulations applicable to the day-
to-day conduct of its business and to its obligations and performances hereunder;
(2) Host Town owns or has the authority to grant to RPM a license to
use the Host Town Marks;
(3) The Host Town Marks do not infringe the trademarks or other
proprietary rights of any other person or entity.
18) Indemnification.
a) By RPM. RPM shall indemnify, defend and hold harmless Host Town, its
affiliates, and their respective officers, directors, partners, shareholders, members, agents,
employees, and other representatives, from and against any and all Claims arising out of,
based on or in any other manner related to: (1) any negligent act, negligent omission or
willful conduct by RPM; and (2) any Claim that the Event Marks infringe upon any
patent, copyright, trademark, trade secret or any other right of a third party.
b) By Host Town. Host Town shall indemnify, defend and hold harmless
RPM, Medalist, the State of Colorado, UCI, and Event Sponsors, and their respective
parent, subsidiary and affiliated companies, and each of their respective officers,
directors, partners, trustees, shareholders, members, agents, employees, volunteers and
other representatives (collectively, the “RPM Indemnified Parties”), from and against any
and all Claims arising out of, based on or in any other manner related to: (1) the breach of
any representation, warranty, material covenant or obligation of Host Town under this
Agreement; (2) any negligent act, negligent omission or willful conduct by Host Town;
(3) the products, services, and other deliverables provided by Host Town and its
employees, volunteers, agents, representatives and contractors in carrying out its
obligations under this Agreement, provided, however, that Host Town shall not be
responsible for indemnification resulting from road conditions of State of Colorado
maintained highways and roads; (4) any Claim arising from the Host Town Obligations
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
15
or the Host Town Benefits under this Agreement, including but not limited to any
parking, food and beverage concessions, Ancillary Events or local sponsorships
organized by Host Town, except to the extent caused by the gross negligence or willful
misconduct of RPM; (5) any and all Claims arising out of any contract or agreement
entered into by Host Town in connection with the Event or the Host Town Stage; (6) any
advertiser’s liability or other claim arising out of or in connection with the unauthorized
use by Host Town of the Event Marks, including but not limited to any claim based upon
an allegation of sponsorship or guaranty by RPM of Town; (7) a claim that the Host
Town Marks infringe upon any patent, copyright, trademark, trade secret or any other
right of a third party; and (8) the failure or alleged failure by Host Town to comply with
all laws relating to labor relations, fair employment practices, safety and similar rules and
regulations, including without limitation, the requirement of the Occupational Safety and
Health Act (OSHA) of 1970 and with all Equal Employment Opportunity (EEO)
provisions as required by law, regulation or executive order. Notwithstanding the
foregoing, this indemnification shall not extend to or include any claims, damages, suit or
attorney fees arising out of any claim or allegation that any of the routes, roads, trails or
other parts of the Event course were negligently designed or selected. Prior approval by
RPM of the use of the Event Marks or other matters as to which RPM approval is
required under this Agreement shall not affect RPM’s right to indemnification as to such
usage.
c) Procedure Regarding Indemnification. Each Party shall give the other
Party prompt written notice of any Claim coming within the scope of any indemnity
expressly set forth in this Agreement. Upon written request of any indemnitee, the
indemnitor will assume defense of any such Claim, action or proceeding. The indemnitee
shall cooperate with the indemnitor in the investigation, defense and/or settlement of any
such Claim. The indemnification obligations in this Section 18 shall survive the
expiration and/or termination of this Agreement.
IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR
INDIRECT DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT
OR OTHERWISE, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE.
19) Termination.
a) Default. Either Party may terminate this Agreement, at its option, upon
written notice to the other Party, upon the occurrence of one or more of the following
events (the “Termination Events”):
(1) Material breach of any covenant, agreement, representation,
warranty, term or condition of this Agreement, if such breach has not been waived in
writing or if such breach is not cured or remedied by the breaching Party to the other
Party’s reasonable satisfaction within thirty (30) days after delivery of written notice to
the breaching party specifying the nature of the breach, or if the Parties agree that the
breach is not capable of being cured or remedied within said thirty (30) days, then within
the time period mutually agreed to by the Parties in a jointly approved plan of corrective
action developed within thirty (30) days after the delivery of written notice to the
breaching Party specifying the nature of the breach;
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
16
(2) A Party becomes insolvent, fails to pay its debts or perform its
obligations in the ordinary course of its business as they become due, admits in writing its
insolvency or inability to pay its debts or perform its obligations as they become due, or
becomes the subject of any voluntary or involuntary proceeding in bankruptcy,
liquidation, dissolution, receivership or general assignment for the benefit of creditors,
provided that, if such condition is assumed involuntarily, it has not been dismissed with
prejudice within sixty (60) days after its commencement; or
(3) A Party is the subject of public controversy of such a magnitude
that such Party’s association with the other Party pursuant to this Agreement creates a
negative association for such other Party, in the reasonable judgment of such other Party,
in which case the other Party may terminate this Agreement without cost or penalty.
(4) By RPM, in the event that, in its sole discretion, the Event as a
whole, or the inclusion of the Host Town Stage in the Event, is no longer economically
feasible.
b) Effect of Termination. Should either Party terminate this Agreement as a
result of a Termination Event set forth in Section 19a above, then upon termination of
this Agreement Host Town’s Host Town Benefits shall terminate and Host Town shall
cease using the Event Marks. In addition, should such termination result from a
termination notice given by Host Town to RPM from occurrence of a Termination Event
of the type set forth in Sections 19a(1) or (2) above, RPM shall repay to Host Town all
amounts actually expended by Host Town in performing its obligations hereunder;
provided, however that in no event shall RPM be liable for amounts in excess of Ten
Thousand Dollars and no/100 ($10,000) in the aggregate. Should termination result from
a termination notice given by RPM to Host Town from occurrence of a Termination
Event of the type set forth in Sections 19a(1) or (2) above, Host Town shall repay to
RPM all amounts expended by RPM in granting to Host Town the right to host the Host
Town Stage, to provide the Host Town Benefits, and to relocate the site for the Host
Town Stage.
20) Independent Contractors. The relationship created by this Agreement is that of
independent contractors, and nothing contained in this Agreement shall be deemed or
construed as creating any partnership, joint venture, employment relationship, agency or
other relationship between the parties or to make RPM liable for the debts or obligations
of Host Town. Neither Party shall have any authority to contract for or bind the other
Party in any manner and neither Party shall represent itself as the agent of the other.
21) Compliance with Laws. Host Town shall, at all times during the Term, comply
with all Federal, State and local laws, rules and regulations and all reasonable directives
from RPM and Medalist.
22) Insurance.
a. RPM Provided Insurance. Throughout the Term of this Agreement
(including any extensions thereof), RPM shall provide and maintain, at its expense, the
following insurance policies which shall protect the RPM Parties on a primary basis from
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
17
any and all Claims arising out of, in connection with or with respect to the staging of the
Event and the obligations of RPM pursuant to this Agreement:
(1) Event Liability insurance (inclusive of commercial general
liability) with limits not less than $1,000,000 each occurrence and $2,000,000 in the
aggregate;
(2) Auto Liability & Physical Damage insurance covering Claims
arising out of the use, operation or maintenance of any vehicle (whether owned, non-
owned, leased, hired or borrowed) by RPM, with limits not less than $1,000,000 each
accident combined single limit for bodily injury and property damage
(3) Workers’ Compensation insurance covering RPM’s employees
with limits as required by statutory law, including Employer’s Liability coverage with
limits not less than $500,000 each accident, $500,000 disease-each employee and
$500,000 disease-policy limit;
(4) Umbrella and/or Excess Liability insurance with limits not less
than $5,000,000 each occurrence shall apply in excess of and on a following form basis
to the primary Commercial General Liability, Automobile Liability and Employer’s
Liability policies; and
(5) Any other insurance necessary and appropriate for the staging of
the Event as determined by RPM.
All such insurance to be maintained by RPM shall be (1) primary with respect to Claims
arising out of the RPM’s staging of the Event and the obligations of RPM pursuant to this
Agreement; and (2) shall be written by insurance companies with ratings of “A” or better
in the latest edition of the A.M. Best key rating guide. RPM shall not allow coverage to
be materially changed, reduced or cancelled unless thirty (30) days prior written notice
thereof is furnished by RPM to Host Town.
The policies described in Sections 22a(1), (2) and (4) above shall be endorsed to name
Host Town as an Additional Insured with respect to the negligent acts or omissions of
RPM.
At least 15 days prior to the first day of the Event, RPM shall provide Host Town with a
certificate of insurance certifying that the appropriate insurance is in place and that the
policies have been properly endorsed to meet the insurance requirements as set forth
above.
b. Host Town Provided Insurance. Throughout the Term of this Agreement
(including any extensions thereof), Host Town shall provide and maintain, at its expense,
the following insurance policies (or in the event Host Town is self-insured, a program of
insurance), which shall protect Host Town, RPM, Medalist and the RPM Parties on a
primary basis from any and all Claims arising out of or in connection with Host Town’s
activities, operations, representations and warranties, rights, obligations and duties
pursuant to this Agreement:
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
18
(1) General Liability insurance with limits not less than $1,000,000
each occurrence and $2,000,000 in the aggregate. Such insurance shall include coverage
for contractual liability, products-completed operations, personal and advertising injury,
premises damage, legal liability, liquor liability (if applicable), property damage and
bodily injury liability (including death);
(2) Auto Liability & Physical Damage insurance covering Claims
arising out of the use, operation or maintenance of any vehicle (whether owned, non-
owned, leased, hired or borrowed) by Host Town, with limits not less than $1,000,000
each accident combined single limit for bodily injury and property damage;
(3) Workers’ Compensation insurance covering Host Town’s
employees with limits as required by statutory law, including Employer’s Liability
coverage with limits not less than $500,000 each accident, $500,000 disease-each
employee and $500,000 disease-policy limit;
(4) Umbrella and/or Excess Liability insurance with limits not less
than $3,000,000 each occurrence shall apply in excess of and on a following form basis
to the primary Commercial General Liability, Automobile Liability and Employer’s
Liability policies (this requirement may be satisfied with policies providing a $3,000,000
single limit);
(5) Any other insurance necessary and appropriate for covering Host
Town’s activities, operations, representations and warranties, rights, obligations and
duties pursuant to this Agreement.
All such insurance to be maintained by Host Town shall be primary to and non-
contributory with any insurance maintained by RPM and the RPM Parties. Host Town
shall provide written notice to RPM if coverage is materially changed, reduced or
cancelled prior to event.
The policies described in Sections 22b(1), (2), and (4) above shall be endorsed to name
RPM and the RPM Indemnified Parties (as defined in Section 17b of this Agreement) as
Additional Insureds with respect to the negligent acts or omissions of Host Town. The
policies described in Sections 22b(1), (2), (3), and (4) shall also include a waiver of
subrogation in favor of the Additional Insureds.
At least 15 days prior to the first day of the Event, Host Town shall provide RPM with a
certificate of insurance certifying that the appropriate insurance is in place and that the
policies have been properly endorsed to meet the insurance requirements as set forth
above.
23) Force Majeure. In the event that the Event does not take place, in whole or in
part, due to an Act of God, accident, fire, labor dispute, riot or civil commotion, severe
weather, act of public enemy, governmental act, regulation or rule, failure of technical
facilities (other than as a result of the negligence of that Party) or because of a day of
national mourning, or any other reason beyond the control of either Party (each a “Force
Majeure Event”) whether such Force Majeure Event has occurred in a location through
which the Event course runs or not, then RPM shall have no further obligation, financial
or otherwise, to Host Town and Host Town shall have no further obligation to RPM in
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
19
connection with the Event. In the event that the Event is postponed in whole or in part
due to a Force Majeure Event and RPM intends to reschedule the Event, RPM and Host
Town shall discuss in good faith the terms under which such rescheduling should occur.
24) Cancellation or Postponement of Event for Reason Other than Force
Majeure. RPM shall have the sole and unfettered right to cancel or postpone the Event
or the Host Town Stage. In such event, Host Town acknowledges and agrees that RPM
shall have no financial responsibility to Host Town as a consequence of such cancellation
or postponement. Upon providing notice of cancellation or postponement, RPM shall
have no further obligation to provide Host Town with any of the Host Town Benefits as
set forth in this Agreement. In the event of cancellation of the Event due to a Force
Majeure Event, the rights and obligations of RPM and Host Town set forth in this
Section 24 shall be the sole and exclusive remedy of the Parties. Upon providing notice
of cancellation pursuant to this Section 24, RPM shall have no further obligation to
provide Sponsor with any of the Host Town Benefits.
25) Arbitration. The Parties agree that any dispute between them arising out of,
based upon, or relating to this Agreement, shall be resolved exclusively by arbitration
conducted in accordance with the Commercial Rules then in effect of the American
Arbitration Association. Such arbitration shall be held in Denver, Colorado. Judgment
upon the award rendered shall be final and non-appealable and may be entered in a court
having jurisdiction. Each Party shall bear its own expenses arising out of any such
proceeding, except that the fees and costs of any arbitrator(s) shall be borne equally by
the Parties. Notwithstanding the obligations set forth in this section, RPM shall be
permitted to seek equitable relief to prevent the unauthorized uses of the Event Marks and
to enforce specific performance as set forth in Section 25.
26) Specific Performance. The duties, obligations and responsibilities of the Parties
under this Agreement are unique, and, therefore, the Parties agree that monetary damages
will not be an adequate remedy for breach of this Agreement. The Parties acknowledge
and agree that, in the event of a breach by Host Town, RPM will suffer irreparable harm.
Therefore, RPM shall be entitled to the remedy of specific performance, which shall not
be the exclusive remedy for any violation or breach of this Agreement.
27) General.
a) Assignment. Host Town may not assign any rights or obligations under this
Agreement or this Agreement itself, in whole or in part, without the prior express written
consent of RPM.
b) Notices. Except as expressly provided to the contrary herein, any notice,
consent, report, document or other item to be given, delivered, furnished or received
hereunder shall be deemed given, delivered, furnished and received when given in
writing and personally delivered to and received by an officer or designated employee of
the applicable Party, seventy-two (72) hours after the same is deposited in the United
States mail, postage prepaid, registered or certified first class mail, return receipt
requested, addressed as set forth below, or to such other address as either of the Parties
shall advise the other in writing as set forth in this section 26b.
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
20
To Host:
Town of Avon
100 Mikaela Way
Avon, CO 81620
Attn.: _________________________
To RPM:
RPM Events Group Colorado LLC
299 Milwaukee Street, Suite 215
Denver, CO 80206
Attn: Ken Gart, CEO
c) Entire Agreement; Modifications. This Agreement constitutes the entire
agreement of the Parties hereto pertaining to the subject matter hereof and supersedes all
prior agreements and understandings between the Parties with respect to the subject
matter hereof. This Agreement may not be modified, amended or supplemented or
otherwise changed, except by a written document executed by an authorized
representative of each of the Parties hereto.
d) No Waiver of Rights and Breaches. No failure or delay of any Party in the
exercise of any right given to such Party hereunder shall constitute a waiver thereof, nor
shall any single or partial exercise of any such right preclude other or further exercise
thereof or of any other right. The waiver by a Party of any default of the other Party
hereunder shall not be deemed to be a waiver of any such subsequent default or other
default of the Party. Any such waiver must be in writing, signed by the Party to be
charged with the waiver.
e) Captions. Section headings used in this Agreement are for convenience of
reference only and shall not affect the construction of any provision of this Agreement.
f) Successors and Assigns. This Agreement shall be binding upon and inure to
the benefit of the Parties hereto and their respective successors and authorized assigns.
g) Governing Law. This Agreement shall be deemed to be a contract made
under the laws of the State of Colorado and for all purposes governed by and construed in
accordance with the laws of the State of Colorado without regard to conflict of laws
principles. Any dispute involving or arising under this Agreement shall be brought in the
state courts located in Denver, Colorado or in the United States District Court for the
District of Colorado, and the Parties expressly waive any objections to venue in the State
of Colorado. THE PARTIES HEREBY WAIVE THE RIGHT TO A JURY TRIAL
WITH RESPECT TO ANY DISPUTE ARISING OUT OF THIS AGREEMENT.
h) Construction of Agreement. Each Party acknowledges that it has participated
in the negotiation of this Agreement and that no provision of this Agreement shall be
construed against or interpreted to the disadvantage of any Party hereto by any court or
other governmental or judicial authority by reason of such Party having or deemed to
have structured, dictated or drafted such provision.
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
21
i) Survival. Those covenants, acknowledgments, representations, agreements
and obligations contained in Sections 10a(4), 10a(5), 10a(6)(g), and 14-18 of this
Agreement, along with any other provisions which by their nature or language would
survive, shall survive the expiration and/or termination of this Agreement.
j) Compliance with Law, Rules and Regulations. The Parties agree to comply
with all federal, state and local laws, ordinances, orders, rules and regulations applicable
to the performance of their respective obligations under this Agreement, both now
existing and as such may hereinafter be adopted.
k) Time of Essence. The Parties agree that time is of the essence in performing
obligations under this Agreement.
l) Exhibits. The documents attached hereto as exhibits are incorporated by
reference herein and made a part of this Agreement as if fully set forth herein. In the
event there is a conflict between any Exhibit to this Agreement and this Agreement, the
terms of this Agreement shall control.
m) Severability. The determination that any provision of this Agreement is
invalid or unenforceable shall not invalidate this Agreement, all of such provisions being
inserted conditionally upon their being considered legally valid, and this Agreement shall
be construed and performed in all respects as if such invalid or unenforceable
provision(s) were omitted.
n) Further Assurances. The Parties agree to execute and deliver, or cause to be
executed and delivered, such instruments and documents as either Party may reasonably
request or require to carry out more effectively the purpose and intent of this Agreement.
o) Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which taken together shall constitute
one and the same agreement.
p) No Third Party Beneficiaries. It is expressly understood that there are no third
party beneficiaries to this Agreement.
signatures on following page
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
22
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized
representatives to execute this Agreement on their respective behalf, all as of the day and
year first above written.
RPM:
RPM Events Group Colorado, LLC
By: ______________________
Name: Ken Gart
Title: CEO
HOST TOWN:
Town of Avon
By: _________________________
Name: ____________________
Title: ___________________
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
EXHIBITS
A Host Town Obligations
B Host Town Benefits
C Event Marks
D Host Town Marks
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
EXHIBIT A
HOST TOWN OBLIGATIONS
In-Kind Sponsorship: TOWN OF AVON will provide the following in-kind services to support the race:
Town Services
• Local Police Services (Town and/or County)
• Public Works and Road Services- including but not limited to:
o Barricades
o Cones
o Access to water source (hydrant/truck)
o Street repairs; removal of road knobs, speed-bumps, etc. that impact route or athlete safety
• Permit Services- including but not limited to:
o Parking
o Road closures
o Special events
o Concession sales
• EMT/EMS Services for general public
o RPM provides medical for race competition
• Resident/Business Notifications
• Portable toilets including ADA accessible (arrive day prior to race day)
o Hand wash stations (arrive day prior to race day)
• Waste Management and Recycling
o Trash receptacles
o Recycling bins
o Dumpster for Team Parking
o Dumpster for VIP Hospitality
o Recycling dumpster
o ‘Green Team’
• Heavy equipment such as scissor lift, fork lift, etc.
• Assistance with coordinating pass-through communities may be requested
VIP Hospitality
TOWN OF AVON will provide the following for the VIP area:
• Water Connection
• Wireless Internet Connection
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
Meals
TOWN OF AVON will secure the following meals for media, staff and volunteers during the race stage
• Media:
o Lunch for (20) people in the Media Workroom
o Snacks
o Beverages (juice, coffee, water)
• Start/Finish Crew:
o Light breakfast items for (30) people
• Volunteers: Box lunches or snacks for volunteers
Expo
TOWN OF AVON will secure the following elements needed to produce a health and wellness expo during the
race stage
• Local entertainment
• Concessions/food vendors available to public
• Permits and associated fees
• Security
• Barricades
• Liquor license, if applicable, for public sales
Media Workroom
TOWN OF AVON will locate and secure a space to be used at the media workroom during the race stage
Listed below is an outline of general needs. The Media Operations team will confirm specific requirements
based on location.
• The Media Workroom must be in close proximity to the Finish Line area- no more than one or two
blocks away.
• Requires indoor space of approximately 1,500 square feet that can be secured from the public
• Twelve (12) 6’ tables and thirty (30) chairs
• Twelve (12) 110V outlets and fifteen (15) power strips
• One (1) high speed copier with ability to collate and staple
• One (1) large LCD Monitor or projector
• One (1) television to show race coverage
• Dedicated wireless network with enough bandwidth capabilities to accommodate 20 working media. A
10 Meg line (upload/download) is preferred. If dedicated line is not possible, back up to public Wi-Fi
network is needed.
• Sufficient trash and recycling cans
• Food and beverage (see “Meals” above)
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
Press Conference Area
TOWN OF AVON will locate and secure a space to be used for the post-race press conference during the race
stage
Listed below is an outline of general needs. The Media Operations team will confirm specific requirements
based on location.
• Requires approximately 600-1,000 square feet, minimum. It is recommended that this area is a portion of
the Media Workroom space or nearby. Race staff will conduct a site inspection to confirm if multi-
function space is appropriate.
• Twenty to thirty (20-30) chairs arranged theatre style
• Two (2) 6-foot skirted tables or one (1) 8-foot skirted table for dais
• Four (4) 110V outlets with power strips, if space is separate from Media Workroom
• Sound system with two (2) microphones is recommended.
• Podium
• Wireless Internet access
Commissaires Meeting Room
TOWN OF AVON will locate and secure a space to be used for the commissaires meeting room during the race
stage
• Small conference room close to the Finish Line for approximately 8-10 people. Space must be separate
from Media Workroom/Press Conference area. Access is needed 1 hour prior to the finish and 2 hours
following the finish.
Parking Requirements
TOWN OF AVON to secure parking locations for the media, staff, teams, and sponsors. All parking areas
should be adjacent to or in close proximity to the Start/Finish Line area. If a parking area must be secured
outside of the venue, shuttle transport should be provided.
• Team Parking at Start/Finish Line- approximately 100 parking spaces
• VIP Parking- approximately 100 vehicles
• Expo/Vendor Parking- approximately 35 vehicles
• Media Parking- approximately 20 vehicles
• Staff Parking- approximately 50 vehicles
• Crew Parking- approximately 5 vehicles
• Spectator Parking
Overnight Security
On-site overnight security is required and should cover the hours between 7:00 PM and 7:00 AM. Overnight
security personnel to cover:
• Start/Finish Line, Expo
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
Start/Awards Ceremonies
• TOWN OF AVON will provide a National Anthem singer and Color Guard for the Avon start
ceremonies
• TOWN OF AVON to provide gifts for 3rd, 2nd, and 1st place stage winners
Volunteer Support
TOWN OF AVON is responsible for recruiting and organizing local volunteers – overall need 150-300
Ancillary Events
TOWN OF AVON is financially responsible for providing local support for any Colorado Classic and LOC
ancillary activities, as mutually agreed upon. Support to include Town Services as well as other areas such as
volunteer recruitment, securing additional parking locations, etc.
Sponsorship Category Sales
TOWN OF AVON has the opportunity to solicit and secure local sponsors to help support activities and offset
expenses.
• All sponsorships must to approved by RPM to ensure alignment with brand and company’s values
• Protected categories that TOWN OF AVON may not pursue:
o Outdoor Gear
o Backpacks
o Athletic Apparel
o Athletic Footwear
o Financial Services
o Retail Banking
o Beer/Alcohol* (special considerations made for potential Coors partnership)
o Healthcare
o Hospital
o Credit Card
o Industrial Manufacturing
o Airlines
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
Marketing
TOWN OF AVON shall provide marketing and promotion to the Colorado Classic race and adjoining events. A
joint marketing plan and budget (including traditional, social and digital media) will be established and agreed
upon in advance and within 30 days of execution of this document. Activities will include but are not limited to:
• ongoing social media promotion
• numerous email and newsletter blasts to constituents
• welcome signs and kits
• inclusion in guides and calendars
• significant online and web presence
• solicitation of volunteers for the race
• paid advertising and earned media plans
• outreach and street team activities;
• coordination with other Host Town partners, vendors, affiliates and members
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
EXHIBIT B
HOST TOWN BENEFITS
As a host town for the 2019 Colorado Classic, the TOWN OF AVON will receive the
following sponsorship assets:
Digital Brand Exposure
Website: Logo & Links
• logo and link on the footer of the Colorado Classic home page
• logo and link on sponsor/partner page
Social Media Channels: Photo Album & Insta Story
• Opportunity to have a TOWN OF AVON Photo Album on the Colorado Classic
Facebook page containing iconic images of Avon
• Opportunity to have a TOWN OF AVON Instagram Story “highlight” on the Colorado
Classic Instagram feed showcasing imagery and video footage of Avon’s iconic
destinations
Mobile Exposure: Tour Tracker
• Logo and link featured on the Tour Tracker App created for the Colorado Classic
• TOWN OF AVON will receive at least one (1) push notification on Tour Tracker for
the stage of the race taking place in Avon
Custom Content Creation:
• RPM will collaborate with TOWN OF AVON to develop a mutually agreed upon
content plan for the months leading up to the event, focused on promoting tourism in
Avon. This content will be used on RPM’s channels as outlined below:
E-Newsletters:
• TOWN OF AVON will receive up to three (3) inclusions in event e-newsletters
Social Media: Highlighting Avon Posts
• TOWN OF AVON will receive at least one (1) social media post per month* on the
Colorado Classic channels to promote Avon. (*May 2019 - August 2019)
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
PR Exposure:
Press Events:
• RPM shall include officials of the Town of Avon to participate in press events and any
other ancillary PR events, where applicable and relating to activities happening in
Avon
Press Releases:
• RPM shall include references to the TOWN OF AVON in press releases that include
reference to the host cities/route, where appropriate
Broadcast Exposure:
The 2019 Colorado Classic women's race will be broadcast live each day on demand, and
distributed worldwide on our Streaming Network and on our Tour Tracker app with a
combined estimated reach of almost 2 million views
TOWN OF AVON will receive the following benefits:
• (2) :30 second commercials on the National feed on Tour Tracker during Avon’s race
stage to be used to promote the town of Avon
• Pre-produced custom content “infomercial” provided by Sponsor that tells a story
about Avon and its attractions – (1) One for the race stage in Avon shown on Tour
Tracker during the Avon race stage
On-site Exposure & Opportunities
Start/Finish Line Banners:
• Four (4) 3’ x 10’ course banners with the TOWN OF AVON logo – for the stage of
the race taking place in Avon
Onsite Big Screen:
• Four (4) 30-second commercials shown during the Avon Stage on the LED Screen
Public Announcements:
• Four (4) public address announcements to be read from the main stage during the
Avon Stage
On-Site Activation:
• TOWN OF AVON will receive a 10’ x 20’ space to create a consumer activation at
the Avon expo site of the Colorado Classic Race.
• RPM will organize a brainstorming and planning session with the appropriate parties
at TOWN OF AVON to align on this activation.
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
Caravan Rides:
• VIP caravan ride during Avon Stage of the race for two (2) people
VIP Access:
• Thirty (30) VIP Passes to Hospitality Area during the Avon Stage of the race
• Two (2) VIP Passes to Hospitality Area during Stages in markets outside of Avon
Awards Presentations:
• TOWN OF AVON will have the opportunity for three (3) awards presenters at the
Avon Stage of the race to present 3rd, 2nd and 1st place Stage Winners;
• RPM will work with TOWN OF AVON to integrate pre-approved local dignitaries
into the Start and Awards Ceremonies
• Photo opportunities for TOWN OF AVON and Avon Town Officials with the winners
of respective Stage
• TOWN OF AVON will have the opportunity to provide gifts to the award winners at
the Avon Stage
Impact Data:
• RPM will share demographic and geographic information on fan participation, website
and social visitors, cable television and app viewers with TOWN OF AVON
Post-Race Content:
• RPM will share photo and video footage from the 2019 event and allow TOWN OF
AVON full rights for their marketing and promotional usage
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
Exhibit C
Event Marks
To Be Inserted
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
Exhibit D
Host Town Marks
To Be Inserted
ATTACHMENT B: TOWN PARTICIPATION AGREEMENT
TOWN COUNCIL REPORT
To: Honorable Mayor Jennie Fancher and Avon Town Council
From: Matt Pielsticker, AICP, Planning Director
Meeting Date: April 30, 2019
Topic: INTERVIEWS AND APPOINTMENT OF UP TO FOUR PLANNING AND ZONING COMMISSION
MEMBERS
ACTION BEFORE COUNCIL
Vote on up to four (4) Planning and Zoning (“PZC”) Commission terms.
RECOMMENDED MOTION
“I move to appoint Jared Barnes, Lindsay Hardy, Steve Nusbaum, and Joe Shankland to the Avon Planning and
Zoning Commission, with terms expiring May 1, 2021.”
SUMMARY
The PZC serves as the Town’s zoning and design review board, charged with reviewing long range
planning and policy documents. Their role is completely defined in Avon Municipal Code (“AMC”)
Section 7.12.040 (ATTACHMENT A). The PZC serves two-year, staggered terms, with four of the
seven terms set to expire on May 1, 2019.
The Human Resources Department received four applications (ATTCHMENT B) for the four open seats.
Appointments are included on the regular meeting agenda. The Council will have time to request that each
applicant provide introductions and a statement or summary of their interest to serve, or continue serving,
if deemed necessary by the Council.
QUALIFICATIONS
The AMC requires that at least five (5) members shall be registered electors of the Town at the time of their
appointment. The AMC also recommends that a minimum of two (2) industry professionals hold positions
at all times, and that these professionals be architects, landscape architects or designers. The AMC guides
and prioritizes appointments in the following prioritization: 1) industry professionals, 2) to registered
electors, and then 3) persons having special skills and experience of particular value to PZC over persons
who do not. Given the dual role in dealing with both zoning and design review authority for the Town, the
AMC recognizes that a balance in membership is necessary between the lay community and industry
professionals.
PZC COMPOSITION
Below is a summary of the current and expiring members, their professions, and place of residence:
Continuing Terms (2020 Term Expiration)
Marty Golembiewski Civil Engineer / Avon Resident
Kenneth J. Howell Human Resources / Avon Resident
Alex Dammeyer Construction / Avon Resident
Applicants
*Steve Nusbaum Metro District Supervisor / Edwards Resident
*Jared Barnes Planning Manager / Avon Resident
*Lindsay Hardy Real Estate, Architecture, Construction / Avon Resident
Joe Shankland Inspector, Hospitality / Avon Resident
*Members with expiring terms that have re-applied for an additional term.
ATTACHMENTS
A – Avon Municipal Code §7.12.040, Planning and Zoning Commission
B – Applicant Info
ATTACHMENT A
7.12.040 Planning and Zoning Commission.
(a) Establishment and Purpose. There is hereby established a Planning and Zoning Commission of the
Town. The purposes of the Planning and Zoning Commission (PZC) are as follows:
(1) To implement the goals and policies of the Avon Comprehensive Plan;
(2) To guide and accomplish a coordinated, adjusted and harmonious development of the Town and its
environs, that will, in accordance with present and future needs, best promote health, safety, morals, order,
convenience, prosperity, quality of life and general welfare, as well as efficiency and economy in the
process of development, including, among other things, adequate provision for traffic, the promotion of
safety from fire, floodwaters and other dangers, adequate provision for light and air, the promotion of
healthful and convenient distribution of population, the promotion of good civic design and arrangement,
wise and efficient expenditure of public funds and the adequate provision of public utilities and other public
requirements;
(3) To promote health and general welfare; to provide adequate light and air; to prevent the overcrowding
or inefficient use of land; to avoid undue concentration or dispersal of population; and to facilitate the
adequate provision of transportation, water, sewerage, schools, parks and other public requirements;
(4) To preserve the natural beauty of the Town's site and setting; to prevent indiscriminate clearing of
property, removal of trees and earthmoving; and to attain the objectives set out in the Development Code
through design revie w of the exterior design of all new structures and property development and additions
to all existing structures and property development.
(5) The PZC shall serve as a design review board for the Town. The purposes of the PZC when acting
as the design review board are as follows:
(i) To ensure that the architectural design of vertical structures and their materials and colors conform
with the Town's overall appearance, with surrounding development if appropriate, with natural and existing
landforms, with the standards identified in the Development Code and with officially approved development
plans, if any, for the areas in which the structures are proposed to be located;
(ii) To ensure that the location and configuration of vertical structures, including signs and signage,
are contextually appropriate to their sites and with surrounding sites and structures if appropriate and
that the structures and signage conform to the requirements of the Development Code;
(iii) To ensure that plans for the landscaping of property and open spaces conform with the rules
and regulations as prescribed by the Town and to provide appropriate settings for vertical structures on
the same site and on adjoining and nearby sites as determined by the Development Code; and
(iv) To prevent excessive or unsightly grading of property that could cause disruption of natural
watercourses or scar natural landforms.
(b) Duties. The PZC shall have the following functions and duties:
(1) Review development applications, amendments to the Avon Comprehensive Plan and amendments
to this Development Code, provide recommendations to the Town Council and render decisions as such
authority is indicated in this Chapter 7.12;
(2) Upon request and direction by the Council, make and recommend plans for the physical development
of the Town, including any areas outside its boundaries, subject to the approval of the legislative or
governing body having jurisdiction thereof;
(3) Upon request and direction of the Council, conduct research, prepare studies, review other matters which
are related to the present conditions and future growth of the Town, and provide comments and
recommendations thereon to the Council; and
(4) Review and make recommendations to the Council about the design of proposed development, with
due regard for design standards of this Development Code and other design criteria and guidelines adopted
by the Town, code text amendments that address design review procedures and criteria and any design
review guidelines for the Town relating to bulk and design regulations to be imposed or that establish design
standards for specific uses, types of uses, parking standards, streetscapes or other similar items.
(c) Membership. The PZC shall be composed of seven (7) members appointed by the Council.
(d) Qualifications of Members. Registered electors residing in the County shall be eligible for appointment, but at
least five (5) members shall be registered electors of the Town at the time of their appointment to the PZC. The
composition of PZC shall strive to achieve a balance in the membership between the lay community and
industry professionals (architects, landscape architects, designers, real estate developers and/or contractors) in
order to efficiently and effectively perform the design review functions of the PZC. Appointments should be
made first to maintain the balance between industry professionals and the lay community (it is recommended
that a minimum of two [2] to three [3] industry professionals hold positions on the PZC at all times and that two
[2] of these professionals be architects, landscape architects or designers). Registered electors of the Town
should be preferred over persons who are not registered electors. Persons having special skills and experience
of particular value to the PZC should be preferred over persons who do not.
(e) Quorum. Four (4) members of the PZC shall constitute a quorum for the transaction of business, but in
the absence of a quorum, a lesser number shall adjourn any meeting to a later time or date. In the absence
of all members, any staff member shall adjourn any meeting to a later time or date.
(f) Term. The term of office for a member shall be two (2) years on an overlapping tenure. A member of the
PZC who ceases to possess the qualifications for office that the member possessed at the time of
appointment may be permitted by the Council to serve until the end of the appointed term, provided that
the PZC member continues to reside in the County. A member of the PZC may be removed by Council
pursuant to Subsection (h), Removal from Office, below.
(g) Vacancies. A vacancy on the PZC shall occur whenever a member of the PZC is removed by the
Council, dies, becomes incapacitated and unable to perform the required duties for a period of ninety (90)
days, resigns, ceases to be a registered elector of the County or is convicted of a felony. In the event a
vacancy occurs, the Council shall appoint a successor to fill the vacancy and serve the remainder of the
term of the former member.
(h) Removal from Office. A member of the PZC may be removed for misconduct, conduct unbecoming of a
Town official, violation of the Town's code of ethics, inefficiency or more than two (2) unexcused absences
within a twelve-month period. Prior to removal, Council shall conduct a hearing and shall provide written
notice to the PZC member stating the grounds for removal at least three (3) days prior to the hearing.
(i) Officers. The PZC shall select its own chairperson, a vice chairperson and a secretary from among its
members. The chair or, in the absence of the chair, the vice chair, shall be the presiding officer of its
meeting. In the absence of both the chair and the vice chair from a meeting, the members present shall
appoint a member to serve as acting chair at the meeting.
(j) Compensation. All members of the PZC shall serve with compensation at a rate established annually by
the Council and be reimbursed for all authorized personal expenses incurred while performing duties as a
PZC member.
(k) Staff. The Director shall serve as the staff of the PZC and shall provide for the service of a recording
secretary who shall act in the capacity of secretary for the PZC for the purpose of receiving applications
and other material for consideration for the PZC.
(l) Rules and Regulations. The PZC shall operate in accordance with its own rules of procedure as provided
for in Section 11.2 of the Town Charter; provided, however, that the PZC shall submit its proposed rules or
any amendment to the rules to the Council, which by motion shall approve the rules or amendment and
direct their adoption by the PZC or disapprove the proposal with directions for revision and resubmission.
The rules shall be filed with the Town Clerk and maintained in the records of the Town and shall be subject
to public inspection. The PZC may provide for certain variances, exceptions and exemptions from the
requirements of its rules and regulations.
(m) Meetings. The PZC shall meet in accordance with the rules of procedure governing the PZC and otherwise
upon the call of the chairperson or, in the absence of the chair, by the vice chairperson. All meetings shall be
held at the offices of the Town, unless otherwise specified, with adequate notice given to all interested parties.
(n) Material to be submitted. The PZC shall adopt rules and regulations including procedures and schedules
for applications requiring action by the PZC.
(o) Agenda. The PZC may schedule the review of applications on the next available agenda when the next
agenda is full and will likely result in an overly long meeting.
(p) Authority to Retain Consultants. The PZC is authorized to retain the services of one (1) or more consultants,
provided that funds have been appropriated by the Town for said purpose or paid as part of the application fee
by the applicant, to advise and assist the PZC in performing the functions prescribed in this Section. The
consultants may be retained to advise the Commission on a single project, on a number of projects or on a
continuing basis.
LINDSAY L. HARDY
331 Nottingham Rd · 850.252.0742
LindsayLHardy@gmail.com
I am a passionate and highly motivated individual looking to continue my Planning and Zoning
Commission position with the Town of Avon. I have worked in the Architecture, Construction and the
Real Estate industries locally. I have also worked in various guest service positions within Vail resorts;
The variety of experience locally and being a young single female has introduced me to an array of
people living in the Valley and have opened me up to conversations with a variety of and a different
demographic of people often underrepresented in government. I have enjoyed using my education and
passion to serve the community and sit on the DRB for Trear Creek, And I would love to continue my
Position on the Planning and Zoning Commission.
EDUCATION
2005 - 2010
BACHELOR OF ARCHIECTURE, UNIVERSITY OF MIAMI
• Preservation Certificate
• Emphasis in New Urbanism & Town Planning - Multiple courses taken with the Master of
Urban Design Program, Graduate Professor Mentorship.
2003-2005
ASSOCIATES DEGREE, GULF COAST STATE COLLEGE
• History & Psychology
EXPERIENCE
2016 – CURRENT
PROJECTS MANAGER & ADMINISTRATION, ALAN BRADLEY WINDOWS & DOORS
• Close working relationship with Sales Reps, Head of Operations, Administration and
Accounting to bring all teams together to accomplish the goals of the business and insure
clients and customers have complete satisfaction.
2018 – CURRENT
BROKER ASSOCIATE, COLDWELL BANKER MOUNTAIN PROPERTIES
• Licensed Real Estate Broker
• Home Inspectors License
2013 – CURRENT
CHAIR – PLANNING & ZONING COMMISSION, TOWN OF AVON
• Commissioned Chairperson in 2017
• Various steering committees and Interview Panels
• Represent Town of Avon on DRB (Design Review Board) for Traer Creek Development.
ATTACHMENT B
2
2012 – 2015
3RD YEAR INTERN ARCHITECT, VAIL ARCHITECTURE GROUP
• Responsible for Drawings, Conceptual Design, Construction Schedules, Interior Designs,
Office Administration, and Project Documentation.
2007
ARCHITECTURAL INTERN, COLLINS & ASSOCIATES
• Responsible for Auto-CAD drawings, Construction Documentation, Office Administration.
• Onsite training with the Inhouse Architectural Engineer and Contractors.
• Shadowed the Proprietor/Principal learning the ins & outs of the office and business.
ACCOLADES & ACTIVITIES
2012 – MAY - AUGUST
VOLUNTEER/TEAM LEAD, HABITAT FOR HUMANITY
• As a weekly volunteer for the Vail Valley Habitat for Humanity, I was designated a
volunteer team lead. Assisted with construction, development, irrigation systems, and
worked with organizing the sub-contractors.
2018 JANUARY
VOLUNTEER, SBP – HURRICANE RELIEF
• 4 week Volunteer to rebuild homes after Hurricane Harvey.
2010
PRESERVATION CERTIFICATE, UNIVERSITY OF MIAMI
• Knowledge and application of Preservation
• Miami Marine Stadium – continues to make local Miami headlines, and with our help,
acquired a standing in the “11 most endangered” National Preservation List in 2009
2010
CHARRETTE LEAD, NATIONAL HAITI CHARRETTE – UNIVERSITY OF MIAMI
• Participated and lead a team in the Haiti Charrette held at the University of Miami. I
worked and collaborated with the delegates from the Dominican Republic, sharing ideas
and design options for rebuilding and rehabilitating Haiti after the earthquake. I
completed renderings and sketches for a cross border market scheme. The final
presentations were presented to a world audience in New York City and Published in the
New York Times.
2010
HISTORICAL CONCEPTS AWARD
• Historical Concepts Award for Best Urban Design and Planning Project & Contribution to
a Studio Environment (2010 Publication)
2009
2009 GLOBAL CONFERENCE ON GLOBAL WARMING
• My Comprehensive Planning Project on Global Warming in the Era of Climate Change
was presented at the 2009 Global Conference on Global Warming in Istanbul.
ATTACHMENT B
Dear Council,
I am writing to express my interest in serving on the Town of Avon Planning and Zoning
Commission. I have a passion for improving the built environment of the Town of Avon, and I
see enormous potential for increasing the beauty and pedestrian-friendly functionality of our
built environment for residents and visitors.
I would bring to my position as a commissioner: A belief in presenting and adhering to a
structured meeting process. A transparent and structured meeting is enormously helpful when
dealing with complex or controversial issues or projects. The perspective of many peers in my
generation.
Serving as a Planning Commissioner is a good fit for my interests and experience. As an
interested member of our community, I would like to use my time, skills, and talents to assist in
planning the future of our township. I would be excited to be appointed to a seat on the
Planning and Zoning Commission and look forward to working with the City Council to serve the
community.
I respectfully request your support in being appointed to the Town of Avon Planning and Zoning
Commission.
Thanks for your time
Joe Shankland
ATTACHMENT B
References available on request Page 1
Joseph S. Shankland
P.O. Box 9233 (970) 309-3940
Avon, Colorado 81620 joeambrosia03@yahoo.com
PROFILE A results driven professional with diverse experience in high end products. Experience
includes: long range business plans and forecasting, skilled in managing and motivating
teams, coordinating marketing plans to enhance customer relations, and extensive
computer use and knowledge.
PROFESSIONAL EXPERIENCE:
On-Site Property Maintainace Manager
Lakin’s Bel Lago
540 W. Beaver Creek Blvd.
Avon, CO
November 2012- June 1 2018
Key achievements
Actively manage ten units in a $25 million dollar complex; nine multi-sized, long term
units, one large, short term unit.
Responsible for maintaining all aspects of building operation including service calls,
lawn care, construction, preventative maintenance agreements, acquisition of new
appliances and inventory, arrange cleaning of common areas, short term rental, and
move outs.
Reduced annual operating cost by each year since 2012 by verifying work, disputing
invoices with discrepancies, and creating good working relationships with vendors.
Supervision of any new and ongoing improvement projects
Provide monthly and quarterly written dialogue to owner regarding overall health of
property.
Utilization of spreadsheets for monthly expenses and bills. Extensive use of email for
correspondence with utility workers and business owners.
Sales Executive/Team Manager/Assistant Sales Manager
Starwood Vacation Ownership
Sheraton Steamboat Resort, CO
Westin Mission Hills Resort, CA
Sheraton Mountain Vista, CO
October 2005 – February 2015
Key achievements
Introduced guests to the concept of vacation ownership through a one call sales process.
Maintained a 28% closing on all prospects, with a value of $2,800 in revenue per prospect.
#1 Sales Executive for 2012, top producing sales executive 14 time from 2012-2014.
Developed sales strategies, and programs for repeat and referral business.
Screened potential new sales associates. Scheduled and conducted phone interviews.
Evaluated individual sales performance and provided coaching to increase performance.
ATTACHMENT B
References available on request Page 2
Assisted team managers in the closing of sales and help with facilitate owner paperwork.
Conducted motivational sales huddles.
In depth knowledge of the sales process, paperwork flow, and computer systems for
document production.
Consistently achieved above average sales performance resulting in numerous awards.
Re/Max Real Estate Agent
Re/Max Real Estate
Mountain West, CO
September 2001 – Oct 2005
Key Achievements
“Rookie of the Year” in 2003.
Started and implemented a training program for nine agents to determine close percentages and
market strategies.
Created and implemented a marketing campaign that allowed prospects information to be
captured for further follow up in order to schedule an appointment and establish a working
relationship.
Restaurant Assistant Manager
Gerard’s Restaurant
Lahaina, HI
September 1998 – September 2001
Key Achievements
Increased annual revenue by 12% by training employees to up sell beverages and meal choices.
Trained new waiters and bus staff in professional and fine dining establishment procedures.
AWARDS AND ACHIEVEMENTS
Customer For Life Award 2006 ~ Starwood Vacation Ownership
Top Producing Sales Manager April 2008 ~ Starwood Vacation Ownership
Recognized for Teamwork and Results ~ Starwood Vacation Ownership
#1 Sales Executive Starwood Vacation Ownership 2012
SPECIAL INTERESTS AND CERTIFICATIONS:
Certified White Water Raft Guide
Certified Swift Water Rescue Tech
Certified Wilderness First Responder
Certified First Aid/CPR
Certified Avalanche Level 1
ATTACHMENT B
April 23, 2019
Ms. Karyne Spadi
Human Resources Department
Town of Avon
One Lake Street
PO Box 975
Avon, CO 81620
Dear Ms. Spadi,
I am very pleased to present you with this cover letter and my resume for consideration in
your search for the best candidate to fill the Planning and Zoning Commissioner position.
Upon reading the job description posted online and performing in this capacity for the
past two years, I am confident that my professional planning experience and education
provide a perfect match for this position.
As outlined in my attached resume, I will bring to your municipality a broad range of
skills and firsthand knowledge of the development issues facing the Town of Avon,
including:
• Experience as a Town Planner and Transportation Planner which are skillsets not
currently represented on the Planning and Zoning Commission and will assist the
Town and applicants in receiving comprehensive and well-rounded feedback on
the variety of proposals presented to the board;
• Detailed knowledge of the Avon Municipal Code, Avon Development Code and
the processes therein;
• Recognition of the codified language and design standards, as well as their intent,
and the ability to apply those standards to applications under consideration of the
Planning and Zoning Commission;
• Comprehensive understanding of and the ability to implement the existing Avon
Comprehensive Plan, West Town Center District Investment Plan, East Town
Center Plan, Avon Comprehensive Transportation Master Plan, Harry A.
Nottingham Park Master Plan, and other long range planning efforts;
• Understanding of the roles and relationships between the Town Council, Staff and
the Planning and Zoning Commission.
• Familiarity with the Village at Avon development agreement and PUD and an
understanding of the relationship between their design review board and the
Town’s Planning and Zoning Commission;
I sincerely ask you for the opportunity to discuss my credentials, and ability to enhance
your team’s success. I appreciate your time and consideration.
Respectfully yours,
Jared Barnes
ATTACHMENT B
Jared Barnes
971 West Beaver Creek Boulevard, Unit B4
PO Box 7684
Avon, CO 81620
Phone: 970.331.3999 Email: Jared_Barnes@yahoo.com
OBJECTIVE: To be appointed to the Town of Avon Planning and Zoning Commission and represent the residents of the
Town of Avon on this advisory board.
PROFESSIONAL EXPERIENCE
Eagle County, Colorado December, 2013 – Present
Planning Manager
▪ Grant writing for ECO Transit and ECO Trails.
▪ Construction management for bus shelter and stop improvements for ECO Transit.
▪ Construction management for trail maintenance projects for ECO Trails.
▪ Master planning updates for ECO Trails to catalogue existing and proposed improvements to the Eagle Valley
Trail to comply with MUTCD and ADA standards.
▪ Managed master planning efforts for ECO Transit, including a Transit Development Plan and First Mile/Last
Mile Plan.
▪ Prepare and present project proposals to Town Boards, and Commissions.
▪ Prepare and present legal agreements on behalf of ECO Transit and ECO Trails to the Eagle County
Commissioners and Town Councils throughout Eagle County.
▪ Eagle County liaison on regional planning efforts for transportation and trails master planning.
Town of Avon, Colorado January, 2007 – December, 2013
Planner
▪ Evaluate and manage development applications, zoning modifications, and subdivision applications related to
municipal codes, sub-area plans, and design standards.
▪ Manage long range planning efforts, including adoption of and updates to sub-area master plans and
comprehensive plans, in collaboration with community stakeholders, consultants, and internal committees.
▪ Prepare and present project proposals and recommendations to the Planning Commission and Town Council.
▪ Advise members of the public regarding zoning, code enforcement, building, and subdivision regulations.
▪ Manage electronic archiving of building permit plan sets, building permit files, and planning/zoning files.
▪ Core team member in the adoption of a unified development code incorporating zoning, subdivision, and
design review standards, partnering with community stakeholders.
▪ Town liaison on regional planning efforts for transportation and county master planning, as well as county
code enforcement.
▪ Streamlined the process for accepting and routing applications for review, while simplifying interfaces
between town staff and applicant.
▪ Implemented a permit tracking software system. Customized it to interface with development review, code
enforcement and billing system.
City of Louisville, Colorado January, 2005 – January, 2007
Planning Intern
▪ Created a tracking system for archiving planning files.
▪ Researched and drafted the new sign code adopted by the city.
▪ Provided zoning compliance review for current planning projects.
▪ Advised members of the public regarding zoning and code enforcement regulations.
City of Portage, Michigan May, 2004 – August, 2004
Planning Intern
▪ Updated ArcGIS layers.
▪ Facilitated Municipal Code amendments by surveying other jurisdictions.
▪ Performed site inspections for new construction.
ATTACHMENT B
EDUCATION
University of Colorado at Boulder August, 2002 – December, 2006
Bachelor of Environmental Design in Planning/Urban Design
Minor in Geography
Related Coursework: Real Estate
University of Colorado at Denver January, 2018 – Present
Masters of Public Administration
Emphasis: Local Government
SOFTWARE SKILLS
ESRI ArcGIS, Google SketchUp, Adobe InDesign, Adobe Photoshop, Adobe Illustrator, LaserFische, Microsoft Office
Suite, and Sungard Pentamation.
MEMBERSHIPS & ACTIVITIES
▪ American Planning Association; Colorado Chapter (#181924)
▪ University of Colorado Alumni Association
▪ Event organizer for annual American Heart Association Cycle-A-Thon (Gypsum, CO)
ATTACHMENT B
Steven L. Nusbaum
0015 Red Barn Street, Edwards, CO 81632, Ph. (970) 331-1959
slnvail66@yahoo.com
______________________________________________________________________
Skills Summary
Unique combination of leadership, financial, and technical skills leading to improved
efficiency.
Excellent oral and written communication skills resulting in improved relationships with
internal and external customers.
Proficiency in a variety of software applications including MS Office Suite.
Strong commitment to team environment dynamics with the ability to contribute expertise
and follow leadership directives.
Ability to collaborate with key members of the community to develop and implement
improved processes and increase service levels.
Employment
2004 – Present Vail Resorts Management Co. Avon, CO
Sr. Manager, Design Review Administration
Develop and administer design guidelines for the resort communities of Bachelor Gulch,
Beaver Creek, Arrowhead at Vail and Red Sky Ranch.
Work with Master Associations, HOAs, Metropolitan Districts and Vail Resorts to ensure
community goals are met.
Develop and maintain functional relationships with internal and external clients through
consistent interpretation, communication and enforcement of community governing
documents.
Develop and administer departmental budgets for four operating groups.
Responsible for plan review, presentation and recommendations to Design Review
Boards for four resort communities.
Mediate and resolve conflicts with property owners/developers and Design Review
Board approved plans and process to ensure completion and avoid remediation process.
2003 - 2004 EchoStar Communications Corp. Denver, CO
Operations Analyst/ Program Manager
Responsible for analyzing and reporting on field operations.
Responsible for field related forecast models.
1995 – 2001 Vail Resorts, Inc./Smith Creek Metro District Avon, CO
Municipal Services Foreman/Supervisor
Supervised staff of 12 for all day-to-day and seasonal operations including snow
removal, infrastructure and facilities maintenance, and minor construction projects.
Responsible for developing specs and obtaining bids from subcontractors for District
contracted construction projects.
Actively participated in new equipment acquisition, specs and budgeting.
Liaison between Operations staff and Homeowners’ Associations.
Education/Certifications
Town of Avon Planning and Zoning Commission (2017-Present)
Eagle County Planning Commission (2010-2012)
BS Computer Information Systems – Colorado State University (2003)
BS Finance - Colorado State University (2003)
Association Management Specialist - Community Associations Institute
ATTACHMENT B
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Avon Town Council
From: Preston Neill, Deputy Town Manager
Meeting Date: April 30, 2019
Agenda Topic: DISCUSSION AND ACTION ON 351 BENCHMARK BUILDING
SUMMARY – WORKER HOUSING
In the fall of 2017, the Eagle River Fire Protection District (ERFPD) ended its lease with the Town and
moved its active fire response station from 351 Benchmark Road to the Public Safety Facility on Buck
Creek Road. After ERFPD’s move, the Town Council identified an objective to have the 351 Benchmark
Building utilized for worker housing instead of remaining vacant. The 351 Benchmark Building is equipped
with 12 individual bedrooms and six full bathrooms and one‐half bathroom. As a result, Town staff
solicited letters of interest from businesses interested in leasing the 351 Benchmark Building for use as
worker housing. As a result of the solicitation, the Town entered into a five‐month lease agreement with
Venture Sports from mid‐December 2017 to mid‐May 2018.
In April of 2018, the Town issued another call for letters of interest for a residential dormitory worker
housing lease at the 351 Benchmark Building, but the Town did not receive any interest from local
businesses.
In late June of 2018, the Town issued one more call for letters of interest. The Town received one proposal
from Richard Wheelock, owner of Agave. Subsequently, the Town entered into a master lease agreement
with Richard for a term of seven months from November 1, 2018 to May 1, 2019.
With the current lease term coming to an end soon, Richard has approached the Town about entering
into a new lease agreement for another year. Town staff is looking for direction from Council on whether
to continue leasing the space for use as worker housing. If Council desires to continue making the building
available for worker housing, it is recommended that the Town construct and maintain a second means
of egress from the upper floor. Town staff recently met with Mick Woodworth, ERFPD Fire Marshal, and
he strongly encouraged the Town to consider adding a second means of egress from the upper floor in
the event the Town decides to continue leasing the building. Included as Attachment 1 is a letter from
ERFPD, dated October 31, 2017, that details a list of items that they recommend be addressed or brought
up to code. All the items have been addressed except the second means of egress and the fire suppression
system.
SUMMARY – OTHER PROPOSED USES
Over the last two years, Town staff has been approached by a variety of entrepreneurs and businesses
about leasing the east portion of the 351 Benchmark Building. That portion of the building is not part of
the leased area for worker housing. It consists of two large bays that are currently utilized by our town
electrician and the Building Maintenance Department as work space and equipment storage. Included as
Attachment 2 is an example of one of the proposals we have received for repurposing the east portion of
the building. Please note that AMC Chapter 15.20 International Fire Code states that “any alterations,
additions, changes in use or changes in structures required by this code, which are within the scope of the
International Building Code, shall be made in accordance therewith.” Staff recommends that the
conversation of further repurposing the 351 Benchmark Building be part of the comprehensive Town
Properties Plan discussion that is scheduled to take place at the May 14th Council meeting.
FINANCIAL IMPLICATIONS
A total of $65,000 of revenue has been generated from leasing the 351 Benchmark Building over the last
two winters. Constructing a second means of egress from the upper floor is estimated to cost around
$30,000. If Council elects to direct staff to find an entrepreneur or business to utilize or operate out of the
east portion of the building, a Request for Proposal will be developed and issued. In addition, repurposing
that portion of the building would constitute a “change in use” and would require that an automatic fire
suppression system by constructed for the building. The estimated cost for constructing a fire suppression
system is $100,000.
PROPOSED MOTION
“I move to continue leasing the 351 Benchmark Building for use as worker housing for period of one year.
I further move to approve $30,000 from the General Fund Contingency line item to fund the construction
of a second means of egress from the upper floor of the 351 Benchmark Building.”
ATTACHMENTS
Attachment 1 – ERFPD Comment Letter – October 31, 2017
Attachment 2 – Children’s Museum Proposal
ATTACHMENT 1
Children’s Museum
We must let our kids play as if our future depends on it… because in fact it does!
Our vision of the Children’s Museum is to inspire the world through play and our mission is to provide
superior quality play and educational experiences for young children and their families. The Museum will
be a clean, upscale and educationally focused children's museum where kids eight years old and younger
are entertained in a stimulating learning environment of creative and dramatic play. As children walk into
the museum their imaginations are immersed in the enumerable possibilities and mysteries of a kid-sized
world designed just for them. From fighting fires, to playing house, doctoring, camping…it is all for them.
We have lived in Eagle County and have been in the hospitality business for 16+ years. We understand
the peaks and valleys of guest visitation and the void of activities for young children especially those not
old enough for ski school or camps. This Valley needs a place where kids can be kids and just pretend.
Avon is the heart of the Valley. Using a real Fire Station to learn and to play will have moms from around
the world snapping pictures and tagging the town of Avon on social media. We will drive additional traffic
to the pool, library, park and dining establishments in town. The museum will pull families out of Beaver
Creek and Vail straight into the heart of Avon. It will bring revenue to Avon from tourists and locals alike.
Families will learn to play together and make lifelong memories.
ATTACHMENT 2
TOWN COUNCIL REPORT
To: Honorable Mayor Smith Hymes and Town Council
From: Preston Neill, Deputy Town Manager
Date: April 30, 2019
Topic: RESOLUTION 19‐04 APPROVING 2019 SPECIAL EVENTS
ACTION BEFORE COUNCIL:
Council is asked to review and approve Resolution 19‐04 approving 2019 special events.
MOTION OPTIONS:
1. “I move to approve Resolution 19‐04 Approving 2019 Special Events.”
2. “I move to approve Resolution 19‐04 with only the 2019 Town‐produced events.”
BACKGROUND:
The Town’s local liquor licensing regulations allow for administrative review and approval of routine
liquor license applications, including Special Event Permits for events already approved by the Town
Council. Resolution 19‐04 has been prepared for Council consideration and includes a list of 2019 special
events, including event dates, times, and locations, that have a liquor component and will seek a Special
Event Permit. If Resolution 19‐04 is approved, it would allow the Town Clerk to administratively review
and approve the Special Event Permits that will be submitted for the listed events. In addition, if
approved, each event on the list would be exempted from submitting an Amplified Sound Permit, per
Section 5.24.010 of the Avon Municipal Code.
This resolution would cut down the number of Special Event Permit applications that the Avon Liquor
Licensing Authority would have to review over the course of the summer. It would also reduce the
number of Amplified Sound Permit applications that Council would have to review.
At the April 9, 2019 Council meeting, Council asked for more information about which non‐profit
organizations the outside event producers are planning to have apply for Special Event Permits. Staff has
not been able to procure the requested information and presumes that many of the outside producers
have not yet identified a non‐profit organization to work with. Council has the option of approving
Resolution 19‐04 as is, or approving Resolution 19‐04 with only 2019 Town‐produced events. The latter
option would require Council to individually review Special Event Permit applications and Amplified
Sound Permit applications that are submitted by outside producers over the course of the summer.
ATTACHMENT:
Resolution 19‐04
TOWN OF AVON
RESOLUTION 19-04
APPROVING 2019 SPECIAL EVENTS
WHEREAS, the Town of Avon, Colorado (the “Town”) is a home rule municipality and political
subdivision of the State of Colorado (the “State”) organized and existing under a home rule charter
(the “Charter”) pursuant to Article XX of the Constitution of the State; and
WHEREAS, the Town of Avon’s local liquor licensing regulations allow for administrative
review and approval of routine liquor license applications, including Special Event Permits for
events already approved by the Town Council; and
WHEREAS, the Town Council, as the local liquor license authority, finds that delegating review
and approval authority for certain routine liquor license applications to the Town Clerk will
improve administrative efficiency; and
WHEREAS, the Town Council finds that approving 2019 special events planned for Nottingham
Park and the Avon Performance Pavilion would exempt Amplified Sound Permits for the listed
events and would improve administrative efficiency; and
NOW THEREFORE, the Avon Town Council, hereby RESOLVES to approve the following
2019 special events and event dates:
2019 Special Events:
Town Clean Up Day | Avon Performance Pavilion | May 23, 2019 | 5:30–7:30 pm
Pop-Up Strings Concert | Avon Performance Pavilion | May 26, 2019 and
September 1, 2019 | 5:30-7:00 pm
Vail Valley Brew Fest | Harry A. Nottingham Park and Avon Performance Pavilion
| June 29, 2019 | 12:00-4:00 pm
Salute to the USA | Harry A. Nottingham Park and Avon Performance Pavilion |
July 3, 2019 | 5:00-10:30 pm
Avon LIVE! | Harry A. Nottingham Park and Avon Performance Pavilion | June
19, June 26, July 10, July 17, July 24, July 31, August 14, 2019 | 5:30-10:00 pm
Triple Bypass | Harry A. Nottingham Park | July 13, 2019 | 12:00-8:00 pm
Dancing in the Park | Harry A. Nottingham Park and Avon Performance Pavilion |
August 7, 2019 | 5:30-10:00 pm
Major League Triathlon | Harry A. Nottingham Park and Avon Performance
Pavilion | September 6 – 7, 2019 | 12:00-9:00 pm
Circus Mountainous | Harry A. Nottingham Park | September 13 – 15, 2019 | 12:00-
10:00 pm
Man of the Cliff | Harry A. Nottingham Park and Avon Performance Pavilion |
October 11 – 13, 2019 | 12:00-6:00 pm
ADOPTED AND APPROVED by the Avon Town Council this 9th day of April 2019.
By: ______________________________ Attest: _______________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
Heil Law & Planning, LLC E-Mail: ericheillaw@gmail.com
HEIL LAW & PLANNING, LLC MEMORANDUM
TO: Honorable Mayor Smith Hymes and Town Council members
FROM: Eric J. Heil, Town Attorney
RE: Town Attorney Request for Proposal
DATE: April 23, 2019
SUMMARY: The process for recruiting a new Town Attorney is presented in this memorandum. The
Avon Town Attorney is one of only three positions that the Town Council appoints, directs, hires and
fires (along with the Town Manager and the Avon Municipal Judge).
TOWN ATTORNEY ROLE: The Charter is very brief on the Town Attorney’s role. “The Town Attorney
shall be the legal representative of the Town and shall advise the Council Town officials in matters
relating to their official powers and duties and perform such other duties as Council may prescribe by
ordinance or resolution.” Section 10.1, Avon Charter. Attached are Legal Ethics Guidelines from the City
Attorney’s office from the City of Colorado Springs which are very comprehensive (more comprehensive
than required for Avon), but which describe various roles that the Town Attorney serves.
I suggest there are three main categories for the Town Attorney’s role as the organizational attorney for a
public municipal corporation:
(1) Advisor to the Town Council. The Town Council is essentially the client and the final authority on
directing the Town Attorney.
(2) Advisor to Staff, Boards, Commissions and Committees. The Town Attorney works with Town
staff on a daily basis and advises the Planning and Zoning Commission; Cultural, Arts and Special
Events Committee; and other boards and committees as created by Council.
(3) Oversees other Attorneys. Council has the authority to hire other attorneys who report directly to
Council; however, in most situations, it is most efficient for the Town Attorney to monitor and direct
legal work performed by other attorneys as appropriate for the Town’s interest.
EXISTING LEGAL COUNSEL: The Town currently retains Elizabeth Pierce-Durance, Esq., as the
Town’s municipal court prosecutor, who has served that role for many years. She has recently expanded
her role to assist the Town Clerk with liquor license reviews and responses to public records requests
and with enforcement of business licenses and taxes for the Finance Department. Elizabeth serves the
Town very well in these roles and the recommendation from myself and Town staff to Council is that
Elizabeth continue in these roles.
The Town currently retains Kevin Paul, Esq., of Range Law, as outside legal counsel for employment
law. Kevin has great experience and expertise in employment law and related litigation, both for public
and private corporations. The recommendation from myself and Town staff to Council is that the Town
continue to retain Kevin as outside counsel for employment law matters.
The Town currently employs Richard J. Mehren, Esq., of Moses, Wittemyer, Harrison and Woodruff, P.C.
as the Town’s water law counsel. Water law is a specialized field. Moses, Wittemyer, Harrison and
Woodruff, P.C., has represented the Town for the last ten years. The recommendation from myself is
that the Town continue with Richard as outside counsel for water law matters.
Avon Town Council
RE: Town Attorney Recruitment
Date: April 23, 2019
Page 2 of 3
PROCESS: A simplified process that involves all Council members and works within regularly scheduled
Council meetings is presented below. Council may also consider appointing two Council members to
work with staff to review candidates and visit candidate firms prior to Council interviews. The Request
for Proposal (“RFP”) language and the proposed postings are fairly standard and can be expected to
reach the entire municipal attorney community in Colorado.
May 1: Send Request for Proposal language for posting in (1) CML Career Listings, (2) send
directly to Colorado municipal attorneys via CML Attorney ListServe, (3) post on Avon’s
website, and (4) post in Vail Daily. Deadline for proposals is Wednesday, May 22, 2019.
Three weeks should be adequate to receive proposals from firms and individuals within
the municipal attorney community. The return date could be pushed out to June 5, which
then pushes the following dates out two weeks.
May 28: Council to review proposals in executive session at May 28 regular Council meeting and
select firms and individuals for interviews on June 11.
May 28 to
June 6: If Council desires to designate two Council representatives, then the two Council
representatives and two Town staff representatives can schedule visits with the
candidates (i.e. “meet the firm”) and provide a report to Council for the June 11 Council
meeting. Council designees, if desired, can be determined at the executive session to
review proposals.
June 11: Council to interview Town Attorney candidates. Typically, there would be three to four
candidates and each interview would take 45-60 minutes. NOTE: The time requirements
for interviews will either take up the majority of a regular meeting or will require Council to
start the meeting earlier in the day or schedule a special meeting. Staff can seek to
minimize business items on June 11 to allow time for Town Attorney candidate interviews.
If Council identifies a preferred candidate, then the candidate can be notified on June 12,
approval of a retainer agreement can be scheduled for June 25, which could also be the
official commencement date of a new Town Attorney. Town staff and I will assist Council
with interview questions, including some legal quandaries and paradoxes (like I was
asked in my Town Attorney interview with Avon).
This schedule can be easily extended for additional meetings, discussion, and review as
desired by Council.
PROPOSED RFP LANGUAGE:
“The Town of Avon seeks proposals for Town Attorney services from individuals and firms. Candidates
may submit proposals by e-mail by May 22, 2019, to Lance Richards, Human Resources Director, at
ljrichards@avon.org. Proposals must include the following: (1) identify the individual who will serve as the
Avon Town Attorney; (2) describe the experience of the attorney and/or firm with municipal representation
in Colorado, including representation of home rule municipalities; (3) include resume(s) for attorney(s)
expected to provide legal services; (4) describe attorney fees, rates and charges; (5) provide a writing
Avon Town Council
RE: Town Attorney Recruitment
Date: April 23, 2019
Page 3 of 3
sample that explains a legal matter to elected officials; (6) describe philosophy and description of Town
Attorney role in providing legal services to a municipality, including advising the elected officials and
providing legal services to Town staff; (7) provide client references that may be contacted; and (8) describe
professional liability insurance coverage. The Avon Town Attorney shall be an attorney-at-law admitted to
practice in Colorado with at least five years prior active practice in accordance with Section 10.1 – Town
Attorney of the Avon Home Rule Charter. Selected candidates will be interviewed by the Avon Town
Council on the evening of June 11, 2019 in Avon, Colorado.”
REQUESTED ACTION: Direction on whether to proceed with the Town Attorney position request for
proposal as outlined or direction to modify the request for proposal process.
PROPOSED MOTION: “I move to direct staff to proceed with the Town Attorney request for proposal as
outlined in Eric Heil’s memorandum.”
Thank you, Eric
ATTACHMENT A: City of Colorado Springs Legal Ethics Guideline
Office of the City Attorney
Leq&Ethics Guidelines1
The mission of the Office of the City Attorney (the “Office”)is to provide the highest quality legal
advice to the City of Colorado Springs,acting through its various elected officials,enterprises,
appointees,and employees.All attorneys employed by the City Attorney’s Office (“Office”)shall
comply with the Colorado Rules of Professional Conduct (“Rule of Professional Conduct”or
“Cob.RPC”).“A lawyer,as a member of the legal profession,is a representative of clients,anofficerofthelegalsystemandapubliccitizenhavingspecialresponsibilityforthequalityof
justice.”
Each attorney in the Office has an ethical obligation to exercise independent professional
judgment and to give consistent,objective legal advice to all constituent representatives2 of the
City.
The Office does not provide legal advice to members of the public.
I.Functions of the City Attorney’s Office
A.Litigation/Administrative Proceedings:The City Attorney “shall conduct all casesincourtinthisStatewhereintheCityshallbepartyplaintiffordefendant,or a party in interest.”3
Also,the City Attorney is required to represent the City and its enterprises “in all adversary
actions in any State or Federal court or actions before State or Federal administrative agenciesinwhichtheCityoritsenterprises,the City Council,Mayor or any board,commission orauthorityoftheCityisaparty.”4 In civil matters,“[wjhen directed by the City Council,the City
Attorney shall represent any Council Member,the Mayor,staff member or employee in litigation
resulting from the conduct in good faith of the alleged duties and functions of that person.”5 In
criminal matters,City Council may authorize payment for the cost of defense and/or fine
incurred by a City employee if the employee was acting during the course of his or her jobduties,was acting in good faith,and the defense serves the interest of the City.6
B.Criminal Prosecution:The “City Attorney shall institute and prosecute actions incaseofviolationofanyCharterprovisionorordinancewhensodirectedbytheCouncilorthe
Mayor”7 and “shall keep proper records of all actions in courts of record prosecuted or defendedbytheCityAttorney’s Office.”8
C.Advisor to Executive Branch:The City Attorney is “the legal adviser of the
Mayor”in relation to the Mayor’s duties.9 The City Attorney must provide legal service andsupport“to the Mayor in the exercise of the Mayor’s executive and administrative duties and
1 Adopted May2014
2 The term constituent representatives is used throughout this policy.As used herein,constituentrepresentativesreferstotheCity’s elected officials,enterprises,appointees,and/or employees.City Charter §13-80.
City Code §1 .2.405.
City Code §1.2.405;City Code §1.4.302.6 City Code 1.4.301.
City Code §1 .2.403.8 City Code §1 .2.408(A).
City Charter §13-80.
Attachment A: Legal Ethics Guidelines
functions”and “give an opinion upon any legal matter or questions submitted by the Mayor.”1°
Furthermore,the City Attorney must prepare or revise ordinances when requested by the
Mayor.11
D.Advisor to the Legislative Branch:The City Attorney is the legal advisor to City
Council in relation to its duties,including its duty as Board of Directors for Colorado Springs
Utilities.12 The City Attorney is also responsible for providing “legal service and support to the
City Council in the exercise of its legislative duties and functions,”and giving legal opinions to
City Council or “any of its members.”13 In addition,the City Attorney is required to prepare or
revise ordinances when requested by City Council or a Council Member;provided,however,
that in accord with Rule 8-3 of the Rules and Procedures of City Council,the Office may decline
to provide such service at the request of a Council Member if it would require a material amount
of staff time,funds,or be disruptive to the Office.14
E.Advisor to the City’s Enterprises,Department Heads,and City Staff The City
Attorney is obligated to provide legal advice to all City enterprises,department heads,and City
staff on “legal questions arising in the conduct of City business.”15
F.Advisor to Boards,Commissions,and Committees:The City Attorney is the legal
advisor to boards,commissions,and committees and shall render legal opinions when
requested.16
G.Approve and Enforce Contracts:The City Attorney shall also approve as to form
“all contracts,deeds and leases to which the City or its enterprises is a party,”and “all surety
documents and insurance policies required as a condition of approval of any development
application or the issuance of any license or permit by the City.”17 The City Attorney is also
required to take action to enforce contracts when the Mayor reports a violation of a contract or
agreement.18
H.Settle Claims:The City Attorney has the authority “to adjust,settle,compromise
or submit to mediation any action,accounts,debts,claims,demands,disputes and matters in
favor of or against the City or in which the City is concerned as debtor or creditor”for an amount
not to exceed $50,000,and,with the approval of the Claims Review Board,for an amount not toexceed$100,000.19
Make Reports and Keep Records:The City Attorney shall make reports
regarding City litigation and City legal matters to City Council,the Mayor,City enterprises,and
interested City staff.2°The City Attorney is also required to “keep proper records of all actions in
courts of record prosecuted or defended by the City Attorney’s Office,the proceedings had and
10 City Code §1 .2.402.
‘City Code §1.2.403.
12 City Charter 13-80.13 City Code §1.2.402.
14 City Code §1 .2.403.15 City Charter §13-80;City Code §1 .2.402.
City Code §1.2.402.
17 City Code §1 .2.404(A).
18 City Code §1.2.404(B).19 City Code §1.2.406.
20 City Code §1 .2.407.
2
Attachment A: Legal Ethics Guidelines
all written legal opinions not subject to any attorney-client privilege,”and to maintain “Mayoral
administrative regulations.”21
J.Appoint Hearing Officers:The City Attorney also has authority to appoint hearing
officers as authorized by the City Code or Utilities’tariffs.22
II.Attorney Assignments
The City Charter and Code give the City Attorney authority to “employ assistants.”23 The City
Attorney has sole authority to assign attorneys to support the various constituent
representatives of the City entity.The City Attorney retains the duty and authority to direct the
provision of legal services to the legislative and executive branches of government,committees,boards,commissions,and all City enterprises and departments.In rendering legal services tothevariousbranches,enterprises,and departments of the City,each attorney shall exercise
independent professional judgment and discretion while always considering the best interests oftheCityAttorney’s client,the City entity as a whole.In ascertaining the best interests of theCity,the Office should respect the policy determinations made by the highest level decision
maker for the relevant branch(es)of the City government.
While attorneys in the Office are expected to exercise independent legal judgment,they are
encouraged to work collaboratively.However,except as otherwise approved by the CityAttorney,no attorney will give legal advice to a constituent representative that the attorney
knows or reasonably should know is contrary to the legal position taken by the Office or the City
Attorney.If multiple attorneys are assigned to provide legal advice on the same subject matter,the attorneys shall work cooperatively to develop any final legal position.
Ill.Role as Advisor vs.Advocate
A.City Attorney as Advisor:The Office advises various constituent representatives
of the City government by assessing the legal consequences of past and proposed courses ofaction.The Preamble to Cob.RPC states,“[a]s advisor,a lawyer provides a client with an
informed understanding of the client’s legal rights and obligations and explains their practical
implications.”Cob.RPC 2.1 provides further guidance regarding a lawyer’s advisor role:“alawyershallexerciseindependentprofessionaljudgmentandrendercandidadvice.”A lawyer
may analyze not only the law but may consider “moral,economic,social and political factorsthatmayberelevanttotheclient’s situation”and “should not be deterred from giving candidadvicebytheprospectthattheadvicewillbeunpalatabletotheclient.”24
B.City Attorney as Advocate:An attorney in the Office performs in an advocate
role when he or she represents the City or one of its units or constituent representatives in an
adversary process.This role generally occurs in the context of its prosecutorial function in
enforcing City ordinances or in the context of litigation or administrative proceedings in which
the City and/or its representatives are a named party.The Cob.RPC Preamble states that an
attorney as advocate “zealously asserts the client’s position under the rules of the adversarysystem.”25 Likewise,as advocate,an attorney “has a duty to use legal procedure for the fullest
21 City Code §1 .2.408.22 City Code §1 .2.409.
23 City Charter §13-90(a);City Code §1 .2.401.24 Cob.RPC 2.1 &2.1 cmt.1.
25 Cob.RPC Preamble cmt.2.
3
Attachment A: Legal Ethics Guidelines
benefit of the client’s cause,but also a duty not to abuse legal procedure.”26 As an advocate,a
“lawyer shall not bring or defend a proceeding,or assert or controvert an issue therein,unless
there is a basis in law and fact for doing so that is not frivolous,which includes a good faith
argument for an extension,modification or reversal of existing law.”27
IV.Client of the Office/Conflicts of Interest
All attorneys in the Office have a duty to determine whether the individual attorney or the Office
has a conflict of interest when rendering legal services to the City.In determining whether a
conflict of interest exists,attorneys shall consider,as appropriate,the Rules of Professional
Conduct,case law,administrative regulations or interpretations,City policy,and relevant
federal,state,and local law.The City Attorney shall be informed of any potential or actual
conflicts of interest.
A.Identity of Client The Rules of Professional Conduct guide the identity of the
Office’s client.A “lawyer employed or retained by an organization represents the organization
acting through its duly authorized constituents.”28 In the context of governmental organizations,
“{d]efining precisely the identity of the client and prescribing the resulting obligations of such
lawyers may be difficult.”29 Government attorneys “may be authorized to represent several
government agencies in intragovernmental legal controversies in circumstances where a private
lawyer could not represent multiple private clients”and the “Rules do not abrogate any such
authority.”30
In the context of a municipal attorney,the attorney generally only has one client,the municipality
itself.31 As such,“since the constituent sub-entities and officials of a city are normally not
separate clients of the city attorney,a city attorney’s provision of legal advice on the same
matter to constituent sub-entities and officials will not necessarily give rise to a conflict of
26 Cob.RPC 3.1 cmt.1.27 Cob.RPC Rule 3.1.28 Cob.RPC 1.13(a).29 Cob.RPC 1.13 cmt.9.
°Cob.RPC Scope cmt.18.31 See Restatement (Third)of Law Governing Lawyers §96 cmt.b (2000)(“The so-called ‘entity’theoryoforganizationalrepresentation...is now universally recognized in American law,for purposes ofdeterminingtheidentityofthedirectbeneficiaryoflegalrepresentationofcorporationsandotherformsoforganizations.”);CA Eth.Op.No.2001-156,2001 WL 34029610 (Cal.State Bar Comm.Prof.Resp.)
(interpreting CA ST RPC Rule 3-310(C)which is similar,although not identical,to Cob.RPC 1.7).TheCaliforniaBarEthicsCommitteeconcludedthatacityattorneywithcharterresponsibilitytoprovidelegal
advice to both the mayor and council did not have a conflict of interest when advising both branches onthesamemattereventhoughtheyhadconflictingopinions.Id.There was no conflict of interest because
the municipal corporation was the client of the city attorney,not the constituent sub-entities and officials ofthecity.Id.See also Salt Lake Cnty.Comm’n v.Salt Lake Co.Atty.,1999 UT 73,985 P.2d 899,905(“The County Attorney has an attorney-client relationship only with the County as an entity,not with theCommissionortheindividualCommissionersapartfromtheentityonbehalfofwhichtheyact.);In reGrandJurySubpoena,866 F.2d 135,138 (6th Cir.1989)(“The fact that the government of Detroit isbifurcatedintoalegislativeandexecutivebranchdoesnotsupportthedistrictcourt’s conclusion that thetwobranchesaredistinctentities.”);State Bar of Montana Ethics Committee Opinions 870513 and940202(concluding a lawyer representing an entity “has only one client,the entity itself”);82 Op.Att’yGen.15 (Md.1997)(County Attorney represents the County entity not County citizens);CharlesThompson,Some Ethical Conundrums for City and County Attorneys,International Municipal Lawyers
Ass’n,www.imla.org.
4
Attachment A: Legal Ethics Guidelines
interest even if the constituent sub-entities and officials take contrary positions on the matter.”32
In other words,when different City representatives request a legal opinion on the same matter,the City Attorney’s advice to each party should be substantially the same.
Absent rare circumstances (see “Multiple Constituent Representation”discussed in subsectionDbelow),no attorney-client relationship exists between the attorneys in the Office and individualelectedofficials,appointees,or employees of the City or its enterprises.Although the City as awholeistheCityAttorney’s client,in general,the Office should endeavor to respect the requestforconfidentialityofcommunicationsfromconstituentrepresentativeswithintheirdefinedareaofauthorityassetforthintheCharter,Code,policy,or law and,absent appropriatecircumstances,should not share confidential communications between the City’s variousconstituentrepresentatives.However,if a constituent representative expresses an intent ordecidestopursueaparticularcourseofactionafteramemberoftheOfficehasgivenadvice
that such course of action has negative legal implications to the City,the attorney may sharecommunicationsbetweentheattorneyandtheconstituentwithotherswitharoleinthedecision-making process about the legal advice provided to the constituent.Attorneys may also share
constituent communications with other and/or higher level constituent representatives when theattorneyhasadutytoreferthemattertoahigherauthorityasdescribedinthispolicy.
B.Duty to Refer to Higher Authority:Attorneys in the Office must provide their bestindependentlegaladvice,and if the constituent representative chooses not to follow suchadvice,the attorney has no further duty unless the conduct is known to be a violation of law orwillsubjecttheCitytoprobablecivilliability.If the constituent representative persists in movingforwardwithconductknowntobeaviolationoflaworwhichwillsubjecttheCitytoprobablecivilliability,the attorney must inform a higher level of authority in the respective branch ofgovernmentuptoandincludingtheMayorwithregardtotheconductofexecutivebranchappointeesandemployees,and City Council with regard to legislative branch appointees.ThisapproachisrequiredbytheRulesofProfessionalConduct1.13(b),which states:
If a lawyer for an organization knows that an officer,employee or other person
associated with the organization is engaged in action,intends to act or refuses to act
in a matter related to the representation that is a violation of a legal obligation to theorganization,or a violation of law that reasonably might be imputed to the
organization,and is likely to result in substantial injury to the organization,the lawyer
shall proceed as is reasonably necessary in the best interest of the organization.
Unless the lawyer reasonably believes that it is not necessary in the best interest of
the organization to do so,the lawyer shall refer the matter to higher authority in theorganization,including,if warranted by the circumstances,to the highest authority thatcanactonbehalfoftheorganizationasdeterminedbyapplicablelaw.
If appeal to the highest authority identified does not alter the course of action which is a violationoflaw,or it is the highest authority that is persisting on taking such action,and the attorney
reasonably believes substantial injury will result to the City,the attorney may further revealinformationrelatingtothematter.33 Such disclosure must only be to the extent necessary toresolvetheissueand,if possible,steps should be taken to limit access to the information (i.e.,
requesting protective orders in the judicial context).34
32 CA Eth.Op.No.2001-156,2001 WL 34029610 (Cal.State Bar Comm.Prof.Resp.).
Cob.RPC 1.13(c)cmt.6;Cola.RPC 1.6(b).
Cob.RPC 1.6cmt.14.
5
Attachment A: Legal Ethics Guidelines
C.Duty to Identify the Client to Constituent Representatives:Each attorney workingonamattermustidentifytheconstituentrepresentative(s)of the City with responsibility for theparticularmatteronwhichlegaladviceorrepresentationisundertaken.Attorneys are required
to explain the identity of the organizational client to constituents “when the lawyer knows or
reasonably should know that the organization’s interests are adverse to those of theconstituentswithwhomthelawyerisdealing.”35 Attorneys must not represent to constituent
representatives that they have an individual attorney-client relationship with an attorney or that
their communications with the attorney will never be shared,except in circumstances where
multiple representation is authorized.36 If in the attorney’s opinion the City’s best interests
become adverse to the constituent representative,the attorney may reveal suchcommunicationstoappropriateCityofficialswithinthesamebranchofgovernment.37
D.Multiple Constituent Representation.’In rare circumstances,the Office may haveaseparateattorney-client relationship with constituent representatives for actions involving their
official duties.This typically occurs when the City is required by Charter,Code,or state law,to
represent one or more individual officials,appointees,or employees in litigation or anadministrativeproceedingforconductoccurringduringthecourseofhisorheremployment38ortheCityisalsoapartyintheproceeding.As a result,the Office may be required to defendtheCityandoneormoreindividualCityemployeessimultaneously.This situation is referred toas“multiple constituent representation”.
The Rules of Professional Conduct address conflicts of interest in the context of multiple
constituent representation.A concurrent conflict occurs when “(1)the representation of one
client will be directly adverse to another client;or (2)there is a significant risk that the
representation of one or more clients will be materially limited by the lawyer’s responsibilities toanotherclient,a former client or a third person or by a personal interest of the lawyer.”4°
Nevertheless,an attorney may represent multiple clients when a conflict exists if:
(a)The lawyer reasonably believes that the lawyer will be able to provide
competent and diligent representation to each affected client;
(b)The representation is not prohibited by law;
(c)The representation does not involve the assertion of a claim by one client
against another client represented by the lawyer in the same litigation or
other proceeding before a tribunal;and
(d)Each affected client gives informed consent,confirmed in writing.41
A conflict of interest may exist at the outset of representation.If informed consent is required,
the attorney shall advise the employee of the relevant and material circumstances of the conflict
and explain the reasonably foreseeable ways the employee’s interests might be adversely
Cob.RPC 1.13(f).
36 CA Eth.Op.No.2001 -1 56,2001 WL 34029610 (Cal.State Bar Comm.Prof.Resp.).Id.
38 Charter §13-80;City Code §1 .2.405;C.R.S.§24-1 0-1 10(1 )(a).
The representation of multiple constituents by the Office may occur when,for example,both the City,due to the actions of the police department,and individual police officers,due to their actions occurringwithinthescopeofemployment,are named as parties in a lawsuit.40 Cob.RPC 1.7(a)(emphasis added).41 Cob.RPC 1 .7(b).
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Attachment A: Legal Ethics Guidelines
affected by joint representation.42 The attorney will provide information regarding “theimplicationsofthecommonrepresentation,including possible effects on loyalty,confidentialityandtheattorney-client privilege and the advantages and risks involved in authorizing therepresentation.”43 After fully advising the employee,the attorney should obtain written consentbeforeproceedingwithrepresentation.44 The written consent should be kept with the case file.
A conflict of interest may also develop during the course of litigation.The attorney should bemindfulofanypotentialconflictsofinterestthroughoutthecourseoftherepresentation.If aconflictofinterestdevelopsduringthecourseoflitigation,written informed consent must beobtainedforcontinuedrepresentation.An employee may revoke consent at any point.If aconflictariseswhichcannotberesolvedbywritteninformedconsentorifconsentwithheldorgivenbutthenlaterrevokedbytheclient,the attorney may be required to withdraw from therepresentationoftheemployeeorallparties.45 When a client revokes consent,“{w]hether
revoking consent ...precludes the lawyer from continuing to represent other clients dependsonthecircumstances,including the nature of the conflict,whether the client revoked consentbecauseofamaterialchangeincircumstances,the reasonable expectations of the other clientandwhethermaterialdetrimenttotheotherclientsorthelawyerwouldresult.”46 The attorney isstronglyencouragedtoadvisetheemployeeinadisclosureletterthattheOfficewillcontinuetorepresenttheCityshouldaconflictarise.
In the context of multiple constituent representation,communications between the attorney andtheconstituentclientswillbesharedamongsttheclientstotheextenttheinformationimpacts
any member of the client group.47 Privileged communications among the members of the jointrepresentationareprotected.48 Waiver of the attorney-client privilege requires the consent of allclients.49 The privilege is,however,typically waived for claims by one client against another.5°
It may be possible for joint clients to agree at the outset to shield information from one anotherintheeventsubsequentadverselitigationensues.51
Attorneys are strongly encouraged to provide a disclosure letter to individual clients.A sampleletterisattachedasanAppendixtothispolicy.
E.Prior Legal Employment.The Rules of Professional Conduct address individualconflictsofinterestofgovernmentattorneysarisingfromanyattorney-client relationships of theattorneypriortotheirgovernmentemployment.A government attorney may not participate inmattersinwhichheorshesubstantiallyparticipatedasanattorneypriortoCityemployment
42 Seeid.,cmt.18.
Id.
“The written consent may be part of an acknowledgement by the employee of the terms ofrepresentation,including any applicable reservation of rights by the City.
See Id.,cmt.29 (“Ordinarily,the lawyer will be forced to withdraw from representing all of the clients ifthecommonrepresentationfails.”).46 Id.cmt.22.
‘See Felix v.Ba/kin,49 F.Supp.2d 260,270 (S.D.N.Y.1999);see also Cob.RPC 1.7 cmt 30 (“Withregardtotheattorney-client privilege,the prevailing rule is that,as between commonly representedclients,the privilege does not attach.”).48 See Restatement (Third)of the Law Governing Lawyers §75(1).
‘See Id.at §75(2).50 See Id.;see also Cob.RPC 1 .7 cmt 31 (“[l]t must be assumed that if litigation eventuates betweenclients,the privilege will not protect any such communications,and the clients should be so advised.”).51 See Id.at cmt.d.
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Attachment A: Legal Ethics Guidelines
unless the City gives informed consent.52 In addition,an attorney in the Office may not“negotiate for private employment with any person who is involved as a party or as lawyer for apartyinamatterinwhichthelawyerisparticipatingpersonallyandsubstantially”on behalf oftheCity.53
F.Individual Conflicts:If an attorney concludes he or she has an individual conflictofinterestduetoapersonalrelationship,former client or business relationship,or for any otherreason,the attorney must inform the City Attorney.Appropriate steps will be taken dependingonthenatureoftheindividualconflict.
G.Ethical Screens:The Rules of Professional Conduct generally prohibit anyattorneysinalawfirmfromrepresentingaclientwhenanotherattorneyinthefirmcouldnotengageintherepresentationduetoaconflictofinterest.54 However,as noted above,the Rulesalsorecognizethatgovernmentattorneys“may be authorized to represent several governmentagenciesinintragovernmentallegalcontroversiesincircumstanceswhereaprivatelawyercouldnotrepresentmultipleprivateclients”and the Rules “do not abrogate any suchauthority.”55 The creation of ethical walls or screens is common in governmental law offices.56TheOfficewilluseethicalscreensinthecircumstancessetforthbelowandinanyotherappropriatecircumstance.
1.lmpermissible Representation:An attorney of the Office shall not perform dutiesasaprosecutorduringanadministrativeactionorproceedingbeforeanyboard,commission or hearing officer while also serving as legal advisor on the same matter.
2.Ethical Screen Required:In varying contexts (including but not limited to:business license suspension/revocation hearings,liquor license suspensionrevocation/hearings,civil service commission hearings,department appeals of actionstakenbyanyboard,commission,or hearing officer,and Utilities enforcement of pretreatmentmattersagainstUtilities’facilities)attorneys of the Office may be required toprovidelegaladvicetomunicipalboards,commissions,or hearing officers (“legaladvisor”)while another attorney of the Office is charged with prosecuting the matter,
advocating on behalf of a party in the proceeding,or assisting department staff inpreparingthemattertobepresentedtotheboard,commission or hearing officer(collectively,“prosecutor”).
An attorney of the Office may serve as prosecutor during an administrative action orproceedingbeforeaboard,commission or hearing officer while assigned as the legaladvisortothesameboard,commission or hearing officer in other matters that are notfactuallyrelatedtothemattertheattorneyisprosecutinq.In suchsituations/circumstances,the attorney shall exercise special care to ensure that theattorneydoesnotinadvertentlyprovidelegaladvicetotheboard,commission or hearing
52 Cob.RPC 1.11(d).
Id.
‘Colo.RPC 1.10.
Cob.RPC Scope cmt.18.56 See Woodard v.Brown,770 P.2d 1373 (Cob.App.1989);Davis v.State Board of PsychologistExaminers,791 P.2d 1198 (Cob.App.1990);Ranum v.Colorado Real Estate Comm’n,713 P.2d 418(Cob.App.1985);Spedding v.Motor Vehicle Dealer Bd.,931 P.2d 480 (Cob.App.1996);Syn,a/k/a 13Pure,Inc.v.City of Colorado Springs,10 CV 2149 (El Paso County Dist.Ct.2010);People v.Shari,204P.3d 453 (Cob.2009);City Code §1.2.402,1.2.403,and 2.1.804.
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Attachment A: Legal Ethics Guidelines
officer regarding the specific matter that the attorney is prosecuting before the board,
commission or hearing officer,and shall disclose on the record in such matters that he orshehasnotprovidedandwillnotprovideanylegaladvicetotheboard,commission or
hearing officer regarding the specific matter.
3.Ethical Screen Procedure:An ethical screen procedure must be followed to
ensure that both the legal advisor and the prosecutor provide legal services that do not
violate the Rules of Professional Conduct,due process,the City Code,and other legal
ethical rules or decisions.An ethical screen is not appropriate if it results in a violation of
the Rules of Professional Conduct or other legal ethical rules and decisions.
When an attorney of the Office serves as a prosecutor and another attorney of the Office
serves as the legal advisor to a board,commission or hearing officer on the same
matter,the following procedures shall apply:
(a)Separate Hard Files.57 The prosecutor and the legal advisor shall keep
separate and distinct hard files.Neither the prosecutor nor the legal advisor shall
seek out or have access to the other attorney’s hard file.The prosecutor’s file folder
shall be marked:“FILE FOR PROSECUTOR:ACCESS BY BOARD’S LEGAL
ADVISOR PROHIBITED.”For any file the legal advisor may create related to the
same matter,the file folder shall be marked:“FILE FOR BOARD’S LEGAL
ADVISOR:ACCESS BY PROSECUTOR PROHIBITED.”
(b)Separate Digital Files.Digital files for the legal advisor and the
prosecutor shall be separate and distinct.Neither the prosecutor nor the legal
advisor shall access the other attorney’s digital file related to the matter in front of the
board,commission or hearing officer.
(c)Discussions Prohibited.The legal advisor and the prosecutor shall not
discuss any facts,law,strategy,or tactics that may apply to the case unless legal
counsel for the licensee or other person who is the subject of the administrative
action is also present.This subsection shall not prohibit either the legal advisor or
the prosecutor from discussing ministerial and procedural matters with the municipal
or enterprise department bringing the action,the City Clerk,board,commission,or
hearing officer,such as settings,hearings,filings,and similar matters.
(d)Separate Preparation.The legal advisor and the prosecutor shall conduct
all investigation,research,discovery,preparation of exhibits,preparation of
witnesses,preparation of pleadings,briefs,and arguments,and all other preparation
for the administrative action separately and shall not share any preparatory materials
or information.The legal advisor and prosecutor shall strive to separate their
functions before the board,commission or hearing officer.
(e)Support Staff.Support staff shall not disclose any information in the legal
advisor’s file to the prosecutor,or vice versa.When possible,different support staff
should perform support services for each attorney.
For purposes of this policy,‘hard file”refers to a physical,paper file.
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Attachment A: Legal Ethics Guidelines
(f)Additional Separation of Functions.Where necessary,the City Attorney
may impose additional requirements to separate the functions of the legal advisor
and the prosecutor.
(g)Any attorney subject to an ethical screen on a matter shall notify their
supervisor of the existence of the ethical screen.
V.Outside Counsel
The Code also gives the City Attorney “authority to employ special counsel to assist or conduct
litigation and to assist or provide advice on any legal matters arising in the course of businessfortheCityanditsenterprises.”58
Outside counsel will be retained by the City Attorney:(1)when it is necessary to provide
representation of the client entity in specialized matters;(2)when,in the opinion of the City
Attorney,there is a conflict of interest as outlined by the Rules of Professional Conduct or
applicable law or policy;or (3)when workload issues necessitate outside counsel assistance.
Any litigation between the executive branch and the legislative branch or involving a City
enterprise controlled by a different branch of City government will likely result in an
impermissible conflict of interest preventing the Office from representing both branches in the
litigation.59 Depending on the circumstances,the City Attorney will engage outside counsel to
represent at least one branch of City government.The City Attorney will determine,in his or herdiscretion,whether outside counsel will be retained for both branches,using this policy and theRulesofProfessionalConducttoguidetheexerciseofthatdiscretion.
No outside counsel will be retained or paid by the City or its enterprises without a retention
agreement specifying the scope of services,the hourly rate,and the coordination of work
58 City Code §1 .2.204(B)(2).The Charter and Code also give City Council authority to,in limited
circumstances,‘employ other counsel.”City Charter 13-90(b).These circumstances are hiring outside
counsel:(1)“to take charge of any litigation;”(2)to assist the City Attorney;(3)“to conduct litigationwheretheCityAttorneymaybepersonallyorofficiallydisqualified;”or (4)“to investigate the CityAttorney.”City Charter 13-90(b);City Code §1 .2.204(B)(2).
See Romley v.Daughton,225 Ariz.521,241 P.3d 518 (Ct.App.Div.1 2010)(when county attorney
has a conflict of interest rendering him unavailable to represent the county in certain matters,board ofsupervisorsmayretainoutsidecounseltoadviseinthosematters);Pepe v.City of New Britain,203
Conn.281,524 A.2d 629 (1987)(council had implied authority to hire independent attorney in litigationbetweenmayorandcouncil));Hanna v.Rewkowski,81 Misc.2d 498,365 N.Y.S.2d 609 (Sup.1975)
(various municipal boards or branches had implied authority to appoint independent counsel where thereisaclearconflictofinterestthatresultsinlitigationbetweentheboardandanotherboardorbranchwhich
is represented by the corporation counsel);Krahmer v.McClafferty,282 A.2d 631,633 (Del.1971)(council could hire outside attorney in lawsuit between the mayor and council because city attorney had
conflict of interest after he publicly supported the mayor’s position on the matter);City of Tukwlla v.Todd,563 P.2d 223 (Wash.Ct.App.1977)(council had implied authority to hire independent attorney in lawsuit
with the executive branch);but see State v.Volkmer,867 P.2d 678 (Wash Ct.App.1994)(distinguishing
Tukwila and denying the town council fees for independent counsel on grounds that the underlying
substantive issue had not been resolved in the council’s favor,and also distinguishing Krahmer ongroundsthattherewasnoobviousconflictofinterestwiththecity’s law department);South Portland Civ.
Serv.Comm’n.v.City of Portland,667 A.2d 599,601 (Me.1995)(suggesting that implied authority islimitedtocasesinwhichthepartyretainingindependentlegalcounselhasprevailedinthelitigationon
the underlying issue).
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Attachment A: Legal Ethics Guidelines
through an assigned attorney.In addition,all bills must be reviewed by the assigned Office
attorney and a copy of the bill sent to the Legal Administrator.
VI.Confidentiality
The Rules of Professional Conduct recognize the attorney’s obligation of confidentiality to theclient,with limited exceptions that permit disclosure of confidential communications.Exceptions
to confidentiality include when a representative of an organizational client pursues an unlawfulcourseofaction,6°or upon client waiver after “informed consent.”61 The client,not the attorney,
is the holder of the privilege.As such,only the client may waive it.62
Confidentiality applies only where the attorney-client communication was made for the purpose
of obtaining legal advice and under circumstances giving rise to a reasonable expectation that
the statement will be treated as confidential.63 Determination of whether a confidentialityprivilegehasarisenand,thus,the identity of the person with authority to waive the privilege,isdependentontheidentityoftheclient.The Office’s client is the City organization as a whole.
Although the attorneys in the Office generally do not share communications intended by aconstituentrepresentativetobeconfidentialwithotherconstituentrepresentatives,there may be
circumstances in which the best interests of the City require such disclosure.64
In the context of the Office or outside counsel hired to represent the City,the City entity,not itsconstituentrepresentatives,holds the privilege.However,a waiver of privileged
communications can only occur through those constituent representatives with authority over aparticularlegalmatter.It is the policy of the Office that,in general,only the highest level of
authority over a legal matter may waive the City’s privilege.Therefore,the Mayor has authoritytowaivetheprivilegeforallmatterswithintheMayor’s administrative and executive authority,
and City Council,by the concurring vote of a majority of its members,has authority to waive the
privilege for matters within its legislative authority.
The City Attorney should be consulted before any waiver of the City’s attorney-client privilege.
Disclosure of privileged information can have serious legal and financial consequences for the
City.Protection of confidential communications allows the City Attorney to give policy makers
candid legal advice about potential legal vulnerabilities of various courses of action.Protecting
privileged information also allows the City Attorney zealously to defend the City’s interest whenacourseofactionischallenged.Inappropriate disclosure of privileged information could
provide evidence to a potential adversary to use against the City in a judicial or administrative
proceeding.
VII.Supervisor Responsibility Over Subordinate Attorneys and Support Staff
60 Cob.RPC 1.6,1.13 cmt.6.61 Cob.RPC 1 .6.
62 This privilege is also codified in Colorado.C.R.S.§13-90-107(1)(b)(“An attorney shall not beexaminedwithouttheconsentofhisclientastoanycommunicationmadebytheclienttohimorhisadvicegiventhereoninthecourseofprofessionalemployment.”).63 Alliance Const.Solutions,Inc.v.Dept.of Corrections,54 P.3d 861,868 (Cob.2002);Lanari v.People,827 P.2d 495,499 (Cob.1992).64 Cob.RPC 1.13(c);Restatement (Third)of Law Governing Lawyers §96 cmt.e (2000)(Attorneys foranorganizationalclientmayprotecttheinterestsoftheentitybydisclosingwithinitcommunicationsgainedfromconstituentswhoarenotthemselvesclientsevenifthedisclosurewouldbeagainsttheinterestsofthecommunicatingperson,of another constituent whose breach of duty is in issue,or of otherconstituents.).
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Attachment A: Legal Ethics Guidelines
Supervisory attorneys must take reasonable steps to ensure subordinate attorneys comply withtheRulesofProfessionalConductandthatnonlawyersdonotengageinconductcontrarytotheattorney’s obligations under the Rules.65 A supervisory attorney may be responsible for anonlawyer’s conduct or a subordinate attorney’s violation of the Rules if the supervisor directstheviolation,is aware of the violation and ratifies the conduct,or has prior knowledge of thepotentialviolationanddoesnottakestepstopreventit.66
VIII.Criminal Prosecutor Responsibilities
Actions brought in the City’s Municipal Court are filed in the corporate name of the City ofColoradoSprings“by and on behalf of the people of the state of Colorado.”67 Therefore,a CityProsecutoractsonbehalfofthepeopleofColorado.City prosecutors are members of the CityAttorney’s Office and have additional responsibilities under the Rules of Professional
Responsibility.A prosecutor:
•Cannot move forward with a charge for which the prosecutor knows there is no probablecausetosupport;
•Must make reasonable efforts to assure the defendant has been advised of the right tocounsel;
o Is required to disclose exculpatory evidence and mitigating information at sentencing;
•Must refrain from subpoenaing an attorney to testify about the attorney’s client unless
certain circumstances exist;
•Cannot make public comments regarding pending cases and must exercise reasonable
care to prevent others involved in the matter from making public comments that increasethelikelihoodtheaccusedwillbepubliclycondemned;and
•Must take steps after a conviction to rectify a wrongful conviction.68
City prosecutors shall comply with these special responsibilities in the exercise of their Cityrepresentation.
65 Cob.RPC 5.1(b);Cob.RPC 5.3(b).66 Cob.RPC 5.1(b);Cob.RPC 5.3(b).67 C.R.S.§13.10-111(1)&(2)
68 Cola.RPC 3.8.
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Attachment A: Legal Ethics Guidelines
Page 1 of 3
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Greg Daly, Chief of Police
Meeting Date: April 30, 2019
Agenda Topic: INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON AND OTHER USERS IN
EAGLE COUNTY REGARDING THE GOVERNANCE AND OPERATION OF THE 800MHZ RADIO
SYSTEM
ACTION BEFORE COUNCIL
Action on Intergovernmental Agreement between the Town of Avon, Eagle County and other Eagle
County 800MHz radio users regarding the governance and operations of the 800 MHz radio system.
RECOMMENDED MOTION
I move to approve the Intergovernmental Agreement between the Town of Town, Eagle County and
other Eagle County 800 MHz radio users regarding the governance and operations of the 800 MHz radio
system and authorize Chief Greg Daly to sign the IGA on behalf of the Town of Avon.
SUMMARY
Greg Daly, Chief of Police, is recommending approval of the Intergovernmental Agreement between
the Town of Avon, Eagle County and the other Eagle County 800 MHz radio users regarding the governance
and operations of the 800 MHz radio system. This is a 2.0 refresh of the previous IGA with Eagle County and
the other users, giving more weight to all of the user agencies in the governance and operations of the
system than in the previous IGA.
BACKGROUND
The Town of Avon utilizes the countywide 800 MHz radio infrastructure originally created by and
maintained by the Eagle County Sheriff’s Office and the Eagle County Commissioners. Predominantly
the infrastructure encompasses eleven radio sites/towers spread throughout Eagle County. Avon
Police, Avon Public Works and Avon Transit/ Mobility utilize vehicle and handheld radios that operate
on the Eagle County 800 MHz radio sites/towers system. Whereas the system was previously
significantly funded by Eagle County Government, over the last ten years, the users/subscribers have
been collectively funding the radio system, with Eagle County as one of those user/ subscribers. The
users/subscribers sought to update the IGA to better reflect the current joint operations/ownership
of the system rather than weighing on the Eagle County government side. Eagle County Deputy
Attorney Kathy Parker met on several occasions with the 800 MHz radio governing board and we
collectively developed the attached IGA. Then, Town Attorney Eric Heil reviewed and approved the
IGA.
Page 2 of 3
The current radio infrastructure costs approximately $574k to maintain on an annual basis. The annual
budget includes a full‐time Eagle County employee, the radio systems administrator, and provides for
the annual maintenance and equipment replacement costs for the radio towers. This $574k also
contributes to a capital replacement reserve for planned and unforeseen expenditure (e.g. lightning
strikes on a radio site/tower) and future capital replacement issues. The current capital fund balance
is approximately $950k for future equipment replacement and/or tower/site expansion. The
operating and reserve accounts are housed with Eagle County. A new radio tower/site can cost up to
$600k to install and equip. The cost is divided amongst the 32 user agencies currently on the system.
There are 11 prime user agencies within the 32 agencies. The prime agencies are Eagle County, Eagle
County Health Service District d/b/a Eagle County Paramedic Services, Eagle County School District,
Eagle River Fire Protection District, Eagle River Water and Sanitation District, Greater Eagle Fire
Protection District, Gypsum Fire Protection District, Town of Avon, Town of Eagle, Town of Gypsum
and Town of Vail. This IGA has also been reviewed and approved by legal advisors for the other prime
users.
The current budget costing matrix was created after a comprehensive analysis of the current
requirements and future needs of the county wide radio infrastructure. The costing matrix factors in
a flat rate based on agency size/ number of users and subscriber maintenance costs based on number
of radios and actual radio usage.
The IGA also identifies an executive committee and a technical operations committee which will
continue to provide Town of Avon with voting rights. Chief Greg Daly has previously represented the
Town of Avon on the governing board and will continue to represent the Town of Avon as needed.
As part of the budget, the users pay for Eagle County to employ a radio system administrator who is
responsible for maintaining the radio towers, scheduling maintenance, addressing any system failures
and he also participates in forward strategic planning for the needs of the subscriber agencies.
Use of the system is integral to the safety and security of the Town of Avon. The Avon Police
Department is centrally dispatched on this radio system. This system allows PD officers to interact with
all LAW/FIRE/EMS and CDOT agencies in day to day operations. Public works and Transit also
communicate daily on this radio system.
This IGA has a term exceeding ten years (to Dec 31st, 2030) and under Avon Home Rule Charter,
Section 16.2 Intergovernmental Contracts ‐ the concurring vote of 5 Council members is required for
contracts that exceed 10 years in duration. On approval, the Police Chief can sign the IGA on behalf of
the Town of Avon.
FINANCIAL IMPLICATIONS
The allotted amounts in the Town’s 2019 budget are as follows:
Police Department $39,331.27
Public Works Department $5,229.46
Page 3 of 3
Transit $10,529.17
These amounts are relatively consistent on a year to year basis and generally do not significantly
vary. The amounts can vary dependent on the overall percentage use on the radio system.
ATTACHMENT
Intergovernmental Agreement
COOPERATIVE INTERGOVERNMENTAL AGREEMENT FOR USE OF THE 800
MHz SYSTEM IN THE EAGLE RIVER VALLEY
THIS AGREEMENT is made this ___ of ___________, 2019 by and among the County of
Eagle, Colorado (“Eagle County”); Eagle County Health Service District d/b/a Eagle County
Paramedic Services; Eagle County School District; Eagle River Fire Protection District; Eagle
River Water and Sanitation District; Greater Eagle Fire Protection District; Gypsum Fire
Protection District; Town of Avon, Colorado; Town of Eagle, Colorado; Town of Gypsum,
Colorado; Town of Vail, Colorado; each a “User Agency,” or a “Party,” and collectively, the
“User Agencies” or the “Parties.”
Recitals
Whereas, the User Agencies previously entered into a series of individual Agreements for Use
of Eagle County’s 800 MHz Wide Area Smartzone Trunked Radio 2010 with Eagle County,
governing the use of the 800 MHz radio system (the “Previous Agreement”); and
Whereas, the User Agencies wish to supersede the Previous Agreement with the current
Intergovernmental Agreement (“IGA”) or (“Agreement”) to provide for continuing access to the
System (defined below) by User Agencies and to reallocate the decision-making responsibilities
of the User Agencies for the System; and
Whereas, the Parties desire to establish terms and conditions to govern the use of and access to
the System and to provide for its operation, maintenance, and repair.
NOW THEREFORE, the User Agencies agree as follows:
1. The System.
The “System” is a radio communications system comprised of sites, infrastructure, and other
assets that allow the User Agencies and other users to communicate throughout the state. A user
of the System who is not a User Agency is referred to as “System Users”.
a. Only organizations that conduct operations as, or are directly affiliated with,
public service organizations may be a User Agency or System User.
2. Executive Committee.
a. The Executive Committee shall be comprised of up to 13 voting members and at
least one advisory, non-voting member, as follows:
i. Each User Agency shall designate one (1) representative as a voting
member of the Executive Committee for a two-year term, or as
necessary. Where possible, each User Agency shall submit the name
of its designated representative to the employee designated by Eagle
County to manage the day-to-day operations related to the System by
January 31st of the applicable year.
ii. The Executive Committee may also elect up to two additional at-
large voting members on a yearly basis. At large members must be
from a User Agency, Cooperating Agency (as defined in Section 5
below), or a System User, provided that no User Agency shall have
more than two representatives.
iii. No voting member of the Executive Committee shall be an Eagle
County employee paid with 800 MHz funds, as contemplated by
Section 6(c), below.
iv. One advisory, non-voting member shall represent the Vail
Communications Center or its successor agency, if applicable.
v. The Executive Committee may admit additional advisory, non-
voting members as necessary or desirable. Advisory, non-voting
members may be from a User Agency, Cooperating Agency, or a
System User.
b. The Executive Committee shall:
i. Make decisions based on the best interests of the users and operation
of the System as a whole.
ii. Adopt bylaws governing the Executive Committee’s decision-
making processes.
iii. Adopt policies and procedures governing the execution of any of the
functions of the Executive Committee.
iv. Adopt rules and regulations as necessary for the use of the System
and associated equipment, in accordance with all applicable local,
state, and federal rules, regulations, and policies and in accordance
with policies or operating procedures set forth by the Consolidated
Communications Network of Colorado, Inc. (“CCNC”).
v. Provide for training for the use of the System.
vi. Grant access to the System by Cooperating Agencies when access
will be for the benefit of the citizens and visitors of Eagle County.
vii. Agree upon a budget for each year, which must include a fee formula
that considers both number of radio units and amount of airtime
usage, for the use of the 800 MHz funds to present to the County
Finance Department no later than June 1 of each year for approval
by the Board during its yearly budgeting process. A proposed fee
formula for 2019 is attached as Exhibit B.
viii. Decide on how the funds under the charge of the Executive
Committee shall be spent, as long as such spending is anticipated by
the budget adopted by the Board.
ix. Refer any contracts necessary for the System to the Board of County
Commissioners for signature.
x. Coordinate with all User Agencies and Cooperating Agencies
regarding necessary appropriations to cover unforeseen expenses.
xi. Appoint steering committees as desired or necessary.
xii. Conduct other business as necessary to implement the intent of this
Agreement.
3. Technical Operations Committee.
a. The Technical Operations Committee (“Tech Ops Committee”) is an existing
committee and is comprised of any representative of User Agencies or other users
that have an interest in the operations of the system.
b. The Tech Ops Committee shall:
i. Adopt bylaws governing the Tech Ops Committee’s decision-
making processes.
ii. Assist in planning for the operation of the System including, without
limitation, considering and making recommendations related to talk
group names, functions or aliases, or any other programming
matters.
iii. Meet periodically as needed or at the request of the operations
employee, the Chair of the Executive Committee, or the Board of
County Commissioners.
4. User Agencies.
a. User Agencies own their own equipment and retain control over the equipment
they own.
b. Each User Agency shall pay reasonable fees for the use of the System, as
determined by the fee schedule adopted by the Executive Committee.
c. Each User Agency shall adhere to the rules and regulations governing the use of
the System, as adopted by the Executive Committee.
d. Eagle County holds licenses from the FCC for the operation of the System. Each
User Agency and any of its employees, representatives, agents, and volunteers
shall comply with all terms of the license, all federal, state, and local laws, orders,
and regulations, as well as policies and procedures set forth by the Consolidated
Communications Network of Colorado, Inc. (“CCNC”) with respect to the use of
the System.
5. Cooperating Agencies.
a. All organizations receiving programming and support from the 800 MHz system
not identified as a User Agency shall be a Cooperating Agency. The currently-
approved Cooperating Agencies are set forth in Exhibit A.
b. Cooperating Agencies will charged a fee for use of the 800 MHz System based on
the fee schedule adopted by the Executive Committee.
6. Eagle County.
a. Eagle County will enter into leases to use as sites for the System.
b. Eagle County will enter into contracts as necessary for the operation,
maintenance, and repair of the System.
c. Eagle County will serve as employer for any employees necessary to ensure the
continued operation of the System. Any employees will operate under the
County’s general employment policies. All employees will conduct operations for
the best interests of all the users of the System under the rules and regulations
adopted by the Executive Committee.
7. Prior Agreements. This Agreement supersedes the Previous Agreement.
8. No multiple fiscal year obligation. Obligations in this Agreement are contingent upon
each of the Parties appropriating, budgeting, and otherwise making funds available in
each year for the purposes herein, in accordance with Article 24, title 30 of the Colorado
Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et seq.) and the
TABOR Amendment (Colorado Constitution, Article X, Sec. 20).
9. Term and effective date. This Agreement shall become effective upon signature of an
authorized representative of the governing body of a Party. Except as provided herein,
this Agreement shall remain in effect until December 31, 2039, unless sooner terminated
by agreement of all the Parties, or pursuant to the terms of Sections 10 or 11, below.
10. Termination. Voluntary termination by a Party requires 30 days of advance notice. No
refunds are available for fees already paid for a given year. To avoid fees for the
subsequent year, notice must be given by no later than June 30. Upon termination of a
Party’s participation in the Agreement, whether voluntary or due to a breach, the Party at
its own expense shall immediately reprogram its radios containing System programming
and parameters, and provide documentation of such reprogramming.
11. Breach. A failure to pay fees owed for use of the System for over 180 days or violation
of the rules or regulations for the use of the System is a material breach under this
Agreement. The breaching party must demonstrate an attempt to cure the breach within
30 days of notice of the breach by the Executive Committee or by any Party or the
Agreement as to the breaching Party shall terminate.
12. Enforcement. Any one or more of the Parties may enforce this Agreement by any legal
or equitable means including specific performance, declaratory, and injunctive relief. No
other person or entity shall have any right to enforce the provisions of this Agreement.
13. Employment Status. Nothing in this Agreement, and no performance under this
Agreement, alters or modifies the employment status of officers, agents, or employees of
any of the Parties.
14. Immunity. Nothing in this Agreement waives, limits, or otherwise modifies the
governmental immunity that may be available by law to any of the Parties, their officials,
employees, contractors, agents, or any other person acting on behalf of any of the Parties.
In particular, immunity pursuant to the Colorado Governmental Immunity Act, Title 24,
Article 10, Part 1 of the Colorado Revised Statutes is not waived. This paragraph shall
survive termination of this Agreement.
15. Authority, Governing Law, and Venue. This Agreement is promulgated under the laws
of the State of Colorado, including C.R.S. § 29-1-201. Each and every term, provision, or
condition herein is subject to and shall be construed in accordance with the provisions of
Colorado law, the charters of the Parties, if applicable, and the ordinances and regulations
enacted pursuant thereto. Venue shall lie in the County of Eagle.
16. Severability. All agreements and covenants in this Agreement are severable. If a court of
competent jurisdiction holds any of them invalid, this Agreement will be interpreted as if
the invalid terms were not included.
17. Waiver. No waiver of any breach or default under this Agreement shall be a waiver of
any other or subsequent breach or default.
18. No Third Party Beneficiary. The Parties, in their corporate and representative
governmental capacities, are the only entities intended to be the beneficiaries of this IGA,
and no other person or entity is so intended.
19. Amendments. Amendments to this IGA may be made with consent in writing by all the
Parties.
20. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, and all of which shall constitute one and the same
Agreement. Facsimile signatures shall be acceptable and binding on all parties.
21. Notices. All notices under this Agreement shall be in writing and shall be delivered by
certified mail, by email as long as the recipient acknowledges receipt, or hand delivered
to the following:
Eagle County:
Attn: Kevin Kromer 500 Broadway P.O. Box 850 Eagle, CO 81631
kevin.kromer@eaglecounty.us
With a copy to: Eagle County Attorney’s Office 500 Broadway
P.O. Box 850
Eagle, CO 81631 andrew.owen@eaglecounty.us
Eagle County Health Service District:
Chris Montera PO Box 990 Edwards, CO 81632 970-926-5750
cmontera@ecparamedics.com
Eagle County School District: Sandra Mutchler 948 Chambers Avenue
PO Box 740
Eagle, CO 81631 sandra.mutchler@eagleschools.net Eagle River Fire Protection District:
Karl Bauer
PO Box 2942 Edwards, CO 81632 kbauer@eagleriverfire.org
Eagle River Water and Sanitation District:
John Mccaulley Field Operations Manager 846 Forest Road Vail, CO 81657
970-477-5452
jmccaulley@erwsd.org Greater Eagle Fire Protection District: Attn: Doug Cupp
425 East 3rd Street
PO Box 961 Eagle, CO 81631 dcupp@gefpd.org
Gypsum Fire Protection District:
Justin Kirkland, Fire Chief 511 Second Street /PO Box 243 Gypsum, CO 81637 970-524-7101 ext. 15
Justin@gypsumfd.com
Town of Avon, Colorado: Attn: Greg Daly 100 Mikaela Way PO Box 975
Avon, CO 81620
gdaly@avon.org Town of Eagle, Colorado: Attn: Jenny Rakow, Town Clerk
200 Broadway Street
PO Box 609 Eagle, CO 81631 jenny.rakow@townofeagle.org
Town of Gypsum, Colorado:
Attn: Jeremy Rietmann, Town Manager PO Box 130 Gypsum, CO 81637 jeremy@townofgypsum.com
With a copy to: Heath Mosness heath.mosness@eaglecounty.us
Town of Vail, Colorado
Attn: Dwight Henninger 75 S. Frontage Rd. W. Vail, CO. 81657 DHenninger@vailgov.com
[Signature pages to follow]
COUNTY OF EAGLE, STATE OF
ATTEST: COLORADO, BY AND THROUGH ITS
BOARD OF COUNTY COMMISSIONERS
BY: _______________________ _______________________
Clerk to the Board of County Jeanne McQueeney, Chair
Commissioners
DATE: ____________________
EAGLE COUNTY HEALTH SERVICE
ATTEST: DISTRICT D/B/A EAGLE COUNTY
PARAMEDIC SERVICES
_______________________ _______________________ Jeff Kingston, Board of Directors Secretary Jeff Babb, Board of Directors President
DATE: ________________
EAGLE COUNTY SCHOOL
ATTEST: DISTRICT
_______________________ _______________________
DATE: ________________
EAGLE RIVER FIRE PROTECTION
ATTEST: DISTRICT
_______________________ _______________________
DATE: ________________
EAGLE RIVER WATER AND SEWER
ATTEST: DISTRICT
_______________________ _______________________
DATE: ________________
GREATER EAGLE FIRE PROTECTION
ATTEST: DISTRICT
_______________________ _______________________
DATE: ________________
ATTEST: GYPSUM FIRE PROTECTION DISTRICT
______________________ _______________________ Justin Kirkland, Fire Chief
DATE: ________________
ATTEST: TOWN OF AVON, COLORADO _______________________ _______________________
DATE: ________________
ATTEST: TOWN OF EAGLE, COLORADO, BY AND THROUGH ITS MAYOR _______________________ _______________________ Jenny Rakow, Town Clerk Ann McKibbin, Mayor
DATE: ________________
ATTEST: TOWN OF GYPSUM, COLORADO _______________________ _______________________
DATE: ________________
ATTEST: TOWN OF VAIL, COLORADO _______________________ _______________________ Patty McKenny, Town Manager
DATE: ________________
Exhibit A
User Agencies Cooperating Agencies
Eagle County Government Eagle County Health Service District
Eagle County School District
Eagle River Fire Protection District
Eagle River Water & Sanitation District
Greater Eagle Fire Protection District
Gypsum Fire Protection District
Town of Avon
Town of Eagle Town of Gypsum
Town of Vail
Arrowhead Metro District
Bachelor Gulch Metro District
Basalt & Rural Fire Protection District
Beaver Creek Metro District
Cordillera Metro District
Bond McCoy Volunteer Fire
Vail Valley Medical Center
Exhibit B
Radio System Invoicing Formula as of [date of adoption]
The 2019 invoicing system is based on a tiered funding formula for the
800MHz system.
1. Funding for the anticipated radio infrastructure maintenance cost of
each upcoming year will be based on the percentage of radio system
usage with the system logs for each talkgroup on an annual basis.
Annual usage percentages have been averaged for each agency talkgroup and the dispatch talkgroups which will be divided amongst
the agencies who are the users of that dispatch talkgroup based upon
their percentage of dispatch center use.
2. Subscriber unit (radios) maintenance will be based each year upon
the current cost of the depot service contract. For 2019 the cost is
$40 per radio.
3. A contingency fund may be created in later years based upon a
capital assessment added to the user agency's fee. Shown as an additional percentage added to the annual fee
4. A Foundation Fee schedule based upon the user agency's inventory (See Table)
□ 1- 5 units $500 □ 101-125 units= $26,000
□ 6-10 units $2,000 □ 126-150 units= $34,000
□ 11-25 units $4,000 □ 151-175 units= $40,000
□ 26-50 units $8,000 □ 175-200 units= $46,000
□ 51-75 units= $14,000 □ 201+ Units $52,000
□ 76-100 units= $20,000
The user agencies inventory on May 1st will constitute the means for Foundation Fee Calculation. Any agency adding to their inventory during the year will be charged a $100/year radio fee for the remainder of the current year. Agencies will not receive a refund for reducing their inventory.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 9, 2019
AVON TOWN HALL, 100 MIKAELA WAY
Page 1
1. CALL TO ORDER AND ROLL CALL
Mayor Smith Hymes called the meeting to order at 4:03 p.m. A roll call was taken, and Council members
present were Amy Phillips, Scott Prince, Jennie Fancher, Chico Thuon, Tamra Underwood, and Councilor
Wolf. Also present were Town Attorney Eric Heil, Police Chief Greg Daly, Finance Director Scott Wright,
Recreation Director John Curutchet, Public Works Director Gary Padilla, Town Engineer Justin Hildreth,
Acting Town Manager Preston Neill and Town Clerk Brenda Torres.
2. WORK SESSION
2.1. OVERVIEW OF TOWN’S OUTSTANDING DEBT (ASSISTANT TOWN MANAGER/FINANCE DIRECTOR SCOTT WRIGHT)
Scott Wright, Assistant Town Manager/Finance Director, gave a presentation on the types of
municipal debt, as well as the Town's outstanding debt.
3. ACTION TO CONTINUE THE REGULAR MEETING IN ORDER TO CALL TO ORDER THE AVON LIQUOR AUTHORITY MEETING
(MAYOR SMITH HYMES)
4. ACTION TO RESUME THE COUNCIL PUBLIC MEETING (MAYOR SMITH HYMES)
5. APPROVAL OF AGENDA
Mayor Smith Hymes asked for item 9.5.1 and 9.5.2 to be pulled from the Consent Agenda and taken up
after the presentation items. Councilor Wolf asked for items 9.5.3 and 9.5.4 to be pulled from the
Consent Agenda. Councilor Prince asked for items 9.5.7 and 9.5.8 to be pulled from the Consent
Agenda. Councilor agreed to take up item 9.5.7 after the presentation items and they agreed to take
up items 9.5.3, 9.5.4 and 9.5.8 after item 9.4.
6. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
7. PRESENTATIONS
7.1. PROCLAMATION IN APPRECIATION OF SERVICE OF VALERIE BARRY (ASSISTANT TOWN MANAGER/FINANCE DIRECTOR
SCOTT WRIGHT)
Scott Wright, Assistant Town Manager/Finance Director, read a proclamation honoring Valerie Barry for
her years of service to the Town of Avon. Valerie recently retired from her position of Finance Manager.
She has worked in the Town's Finance Department for the last 36 years.
7.2. PROCLAMATION IN APPRECIATION OF SERVICE OF WILLIAM GRAY (PLANNING DIRECTOR MATT PIELSTICKER)
Matt Pielsticker, Planning Director, read a proclamation honoring Willey Gray for his years of service to
the Town of Avon. Willey has served as the Chief Building Official for the Town of Avon since June 21,
2002.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 9, 2019
AVON TOWN HALL, 100 MIKAELA WAY
Page 2
COUNCIL MOVED TO ITEM 9.5.1.
9.5.1. ACTION ON HAHNEWALD BARN PHASE I PROJECT (ACTING TOWN MANAGER PRESTON NEILL)
Mayor Smith Hymes read a statement about the outcome of the Hahnewald Barn Phase 1
Project Survey. Mayor Smith Hymes made a motion to rescind the action that was taken at
the February 12, 2019 Town Council meeting to proceed with Phase 1 of Scheme B of the
Hahnewald Barn Project. Furthermore, she moved to take no further action on the
Hahnewald Barn Project and direct staff to thank the Eagle River Water and Sanitation
District for their outstanding patience and cooperation and to inform them that the Town of
Avon will not further pursue acquisition of the Hahnewald Barn. Mayor Smith Hymes
opened up the floor for public comments, but no comments were made. Mayor Pro Tem
Phillips seconded the motion and the motion passed unanimously.
COUNCIL MOVED TO ITEM 9.5.2.
9.5.2. APPROVAL OF TOWN MANAGER EMPLOYMENT AGREEMENT WITH ERIC HEIL (ACTING TOWN MANAGER
PRESTON NEILL)
Mayor Smith Hymes made a statement about the town manager recruitment process and
the Council's decision to offer the town manager job to Eric Heil. Councilor Underwood
moved to approve the Town Manager Employment Agreement with Eric Heil. Mayor Pro
Tem Phillips seconded the motion. Kathy Ryan, Michael Cacioppo, Tom Ruemmler and Paula
O'Leary commented on this item. Councilor Wolf explained why he was going to vote no on
the Town Manager Employment Agreement with Eric Heil. The motion passed on a vote of 6
to 1. Councilor Wolf voted no.
COUNCIL MOVED TO ITEM 9.5.7.
9.5.7. RESOLUTION 19‐09 APPROVING HOLY CROSS ENERGY UNDERGROUND RIGHT‐OF‐WAY EASEMENT AND
TRENCH, CONDUIT, AND VAULT AGREEMENT ON TRACT G, BENCHMARK AT BEAVER CREEK SUBDIVISION
(TOWN ENGINEER JUSTIN HILDRETH)
Council discussed this item and there was consensus to not move forward with the project.
Councilor Prince moved to deny Resolution 19‐09, Approving Holy Cross Energy
Underground Right‐Of‐Way Easement and Trench, Conduit, and Vault Agreement on Tract G,
Benchmark at Beaver Creek Subdivision. Mayor Pro Tem Phillips seconded the motion and
the motion carried unanimously.
8. WORK SESSION
8.1. DIRECTION ON AVON LIVE!/LAKE STREET MARKET EVENTS (ACTING TOWN MANAGER PRESTON NEILL)
Lisa Mattis and Kathy Ryan commented on this item. Council gave direction to staff to concentrate on
the Avon LIVE! Concert Series this summer and to hold off on putting on the Lake Street Market.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 9, 2019
AVON TOWN HALL, 100 MIKAELA WAY
Page 3
COUNCIL MOVED TO ITEM 9.5.4.
9.5.4. APPROVAL OF RESOLUTION 19‐04 APPROVING 2019 SPECIAL EVENTS (ACTING TOWN MANAGER PRESTON
NEILL)
Council discussed this item and gave direction to staff to bring this item back on April 30th
with more information about which non‐profit organizations the outside event producers
are planning to have apply for special event permits. Council did not take action on this
item.
9. ACTION ITEMS
9.1. PUBLIC HEARING RESOLUTION 19‐07, CAPITAL PROJECTS FUND BUDGET AMENDMENT (ASSISTANT TOWN
MANAGER/FINANCE DIRECTOR SCOTT WRIGHT)
Council questioned staff about several proposed budget amendments. Mayor Pro Tem Smith Hymes
opened the public hearing and no comments were made. Councilor Underwood moved to approve
Resolution 19‐07, A Resolution Amending the 2019 Capital Projects Fund Budget, with the changes
noted by Scott Wright. Mayor Pro Tem Phillips seconded the motion and the motion carried
unanimously.
9.2. FINDINGS OF FACT AND RECORD OF DECISION FOR MAJOR DEVELOPMENT APPLICATION – LOT 5 RIVERFRONT
SUBDIVISION DUPLEXES (PLANNING DIRECTOR MATT PIELSTICKER)
Councilor Prince and Councilor Fancher recused themselves from this item. Councilor Underwood
moved to approve the Findings of Fact and Record of Decision on Major Development Plan Application
for Two Duplexes on Lot 5, Riverfront Subdivision. Mayor Pro Tem Phillips seconded the motion and the
motion passed on a vote of 5 to 0. Councilor Prince and Councilor Fancher did not vote.
Councilor Prince left the meeting at 7:47 p.m.
9.3. FIRST READING ORDINANCE 19‐03 APPROVING CODE TEXT AMENDMENTS FOR INCLUSIONARY HOUSING
REQUIREMENTS AND DEVELOPMENT BONUS (PLANNING DIRECTOR MATT PIELSTICKER)
David McWilliams, Town Planner, presented to Council the proposed amendments for inclusionary
housing requirements and development bonus. Councilor Underwood moved to continue this
item to the May 14th Council meeting. Mayor Pro Tem Phillips seconded the motion and the
motion passed unanimously by Council members present. Councilor Prince was absent.
9.4. FIRST READING ORDINANCE 19‐01 AMENDING THE AVON MUNICIPAL CODE TO AUTHORIZE FEE WAIVERS AND TAX
EXEMPTIONS FOR AFFORDABLE HOUSING PROJECTS (TOWN ATTORNEY ERIC HEIL)
Council did not take action on this item. Direction was given to figure out a process for community
input on the proposed amendments.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 9, 2019
AVON TOWN HALL, 100 MIKAELA WAY
Page 4
COUNCIL MOVED TO ITEM 9.5.3.
9.5.3. APPROVAL OF RETAINER AGREEMENT FOR INTERIM TOWN ATTORNEY SERVICES WITH HOFFMAN, PARKER,
WILSON, & CARBERRY, P.C. (ACTING TOWN MANAGER PRESTON NEILL)
Councilor Underwood made a motion to approve the Engagement Letter for Interim Town
Attorney services with Hoffman, Parker, Wilson, & Carberry, P.C. Mayor Pro Tem Phillips
seconded the motion and the motion passed on a vote of 5 to 1. Councilor Wolf voted no
and Councilor Prince was absent.
COUNCIL MOVED TO ITEM 9.5.8.
9.5.8. APPROVAL OF MINUTES FORM MARCH 12, 2019 REGULAR COUNCIL MEETING (ACTING TOWN CLERK
BRENDA TORRES)
Mayor Smith Hymes, on behalf of Councilor Prince who had left the meeting, provided an
edit to the minutes. Mayor Pro Tem Phillips moved to approve the minutes as amended.
Councilor Underwood seconded the motion and the motion passed unanimously by Council
members present. Councilor Prince was absent.
ADDED ITEM – JOINT COLUMN/LETTER
Mayor Smith Hymes asked if Council was in support of the Town being included in a jointly
written Vail Daily Column/Letter between the Town of Avon, Eagle County and Town of Vail
concerning climate action‐related legislation. Councilor Fancher moved to approve the
letter. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously by
Council members present. Councilor Prince was absent.
9.5. CONSENT AGENDA
9.5.5. AUTHORIZATION FOR MAYOR SMITH HYMES TO SIGN A LETTER OF SUPPORT TO SENATOR MICHAEL
BENNET AND REPRESENTATIVE JOE NEGUSE REGARDING THE COLORADO OUTDOOR RECREATION AND
ECONOMY ACT (ACTING TOWN MANAGER PRESTON NEILL)
9.5.6. APPROVAL OF WATER MAIN BILL OF SALE TO EAGLE RIVER WATER AND SANITATION DISTRICT FOR
NOTTINGHAM ROAD SIDEWALD PROJECT (PROJECT ENGINEER JIM HORSLEY)
9.5.9. APPROVAL OF MINUTES FORM MARCH 15, 2019 SPECIAL COUNCIL MEETING
(ACTING TOWN MANAGER PRESTON NEILL)
9.5.10. APPROVAL OF MINUTES FORM MARCH 20, 2019 SPECIAL COUNCIL MEETING
(ACTING TOWN MANAGER PRESTON NEILL)
Councilor Fancher moved to approve the remaining items on the Consent Agenda (9.5.5, 9.5.6,
9.5.9 and 9.5.10). Councilor Underwood seconded the motion and the motion passed on a vote
of 5 to 1. Councilor Wolf voted no and Councilor Prince was absent.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 9, 2019
AVON TOWN HALL, 100 MIKAELA WAY
Page 5
10. WRITTEN REPORTS
10.1. UPDATE ON AVON’S OPPORTUNITY ZONE DESIGNATION (ACTING TOWN MANAGER PRESTON NEILL)
10.2. ZAGSTER BIKE SHARE PROGRAM UPDATE (MOBILITY DIRECTOR EVA WILSON)
10.3. MONTHLY FINANCIALS REPORT (SENIOR ACCOUNTANT NELLY BURNS)
10.4. ABSTRACTS FROM MARCH 19, 2019 AND APRIL 2, 2019 PLANNING AND ZONING COMMISSION MEETING
(PLANNING DIRECTOR MATT PIELSTICKER)
10.5. UPPER EAGLE REGIONAL WATER AUTHORITY MARCH 28, 2019 MEETING SUMMARY (MAYOR SMITH HYMES)
11. MAYOR & COUNCIL COMMENTS & MEETING UPDATES
Council Thuon congratulated Brenda Torres on her recent appointment to the Town Clerk position.
Mayor Pro Tem Phillips gave an update on the EGE Air Alliance and air service out of Eagle County
Airport. Mayor Smith Hymes thanked Preston Neill and Scott Wright for their service in the Acting
Town Manger role.
12. EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO
NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. §24‐6‐
402(2)(E) CONCERNING A PROPOSED SPECIAL EVENT.
Executive Session for the purpose of determining positions relative to matters that may be subject to
negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. §24‐6‐
402(2)(e) concerning a proposed special event began at 9:19 p.m. Executive Session ended at 9:37
p.m. Councilor Wolf left the room at 9:37 p.m.
13. ADJOURNMENT
There being no further business to come before Council, Mayor Pro Tem Phillips moved to adjourn the
regular meeting. Councilor Thuon seconded the motion and the motion passed unanimously by Council
members present. Councilor Wolf and Councilor Prince were absent. Regular meeting adjourned at 9:38
p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to
include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting
are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at
www.highfivemedia.org.
TOWN OF AVON, COLORADO
AVON REGULAR MEETING MINUTES FOR TUESDAY, APRIL 9, 2019
AVON TOWN HALL, 100 MIKAELA WAY
Page 6
RESPECTFULLY SUBMITTED:
________________________________
Brenda Torres, Town Clerk
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips ___________________________________
Jake Wolf ________________________________
Chico Thuon ________________________________
Jennie Fancher ________________________________
Scott Prince ________________________________
Tamra N. Underwood ________________________________
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Justin Hildreth, Town Engineer
Meeting Date: April 30, 2019
Topic: West BENCHMARK ROAD ON STREET PARKING PROJECT UPDATE
ACTION BEFORE COUNCIL
Provide direction regarding the project design, additional funding and the addition of a storm water
quality vault to remove pollutants before discharging into the railroad ditch and ultimately the Eagle River.
BACKGROUND
The 2019 Capital Projects Fund has $440,000 budgeted to design and construct on-street parking spaces
on West Benchmark Road in front of the Season’s building. This project was envisioned as part of the
Town Center West plan and Town Owned Properties Plan. Construction is scheduled for fall 2019.
SUMMARY
The attached project narrative and preliminary design outlines the project. The Planning and Zoning
Commission approved the Minor Development Plan application on April 2, 2019. The geotechnical report
determined that the soils are worse than originally anticipated and recommends excavating 2-feet of soil
and replacing it with more suitable soil. This will add an estimated $103,000 to the project cost and bring
it over the $440,000 project budget. The project budget will have to be amended once bids are submitted
and the Notice of Award is presented to Town Council.
The existing poor soils are not suitable for a rain garden or permeable pavers and a storm water quality
vault is the recommended alternative. The vault will collect pollutants before discharging into the rail
road ditch and ultimately the Eagle River. The vault will treat storm water for this project, the recreation
center parking lot, Mikaela Way, and Town Hall parking lot. The vault will be a new project in the capital
project fund and would cost approximately $71,000.
BUDGET IMPLICATIONS
If Council directs Staff to continue with the West Benchmark Road on-street parking and adding the water
quality vault, the Capital Project Fund will have to be amended to include these changes.
ATTACHMENTS
A Project Narrative
B Preliminary Design
ARCHITECTURE • PLANNING • INTERIORS • LANDSCAPE ARCHITECTURE
P.O. BOX 1976, Avon, CO 81620 • 970.949.0257
West Benchmark Road Parking and Drainage Improvements
Minor Development Plan Application Project Description: The West Benchmark Road Parking and Drainage Improvements project is located within the West Benchmark road right of way, between Lake Street and Lettuce Shed lane. The goals of the project are to provide additional parking in the Town Center area, address existing drainage issues, enhance the aesthetics of the road, and improve pedestrian circulation in the area.
The additional (26) parking stalls have been located along the south side of the road and are oriented at a 45-degree angle to the eastbound travel lane. This parking stall orientation is common throughout the adjacent streets in this area and we feel that it provides a good balance between parking and landscape
areas. The 45-degree orientation also provides for an area of loading space behind the parked cars that will allow skiers gearing up for a day on the slopes to be out of the adjacent traffic lane. There is also a 30” wide concrete drainage pan along the north edge of the parking stalls that will further define the
loading space and serve as a narrow pedestrian walkway along the south edge of the road. The drainage pan will also collect run-off from the proposed parking stalls and direct it into one of the three rain gardens along the south edge of the road as part of the stormwater treatment system. Where the drainage pan abuts a landscape area or rain garden, we have included a gravel strip that will act as a buffer to filter out sediment and keep any errant drivers from damaging the landscaping. The landscape design of the project is meant to compliment the design of other public rights of way around Benchmark Road by utilizing similar plantings and significantly reducing the amount of lawn area. We have strategically located two landscape islands within the parking stalls to breakup the paved areas and provide for snow storage areas in the winter. These islands will be planted with tall perennials and grasses to improve the aesthetics of the roadway, while not impeding snow removal.
There is also a 5’ wide landscape strip along the south edge of the parking stalls that will have similar plantings and larger trees. The existing Ash trees at the east and west ends of the project will be preserved and serve as bookends to the new landscape. At the intersection of Mikaela Way and
Benchmark Rd, we have included a larger rain garden that will showcase a variety of grasses arranged in a radial pattern with an area of flowering perennials in the center. The overall landscape design is meant to be xeric and will significantly reduce water consumption.
The final key improvement included in this project are the extensions of the Benchmark Road sidewalk at the intersection of Mikaela Way. The current sidewalk configuration forces pedestrians to travel north on Mikaela Way in order to cross the street, which is not an intuitive route for pedestrians continuing along Benchmark Road. The proposed design will extend the sidewalk on Benchmark road straight to the intersection and provide a much more direct and intuitive crossing at Mikaela way. This intersection will also receive new drain inlets to mitigate stormwater runoff that has historically created flooding issues in the library basement.
Attachment A
Z E H R E NA N D A S S O C I A T E S
ARCHITECTURE PLANNING
INTERIORS LANDSCAPE ARCHITECTURE
West Benchmark Road
Parking and Drainage Improvements
Avon, CO
Minor Development Plan Submittal
YARNELL CONSULTING& CIVIL DESIGN, LLC
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Attachment B
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org
Town of Avon Zehren and Associates, Inc. West Benchmark Road Parking and Drainage Improvements March 13, 2019
YARNELL CONSULTING & CIVIL DESIGN, LLCSurveyScale: 1” = 30’
0 30’15’60’
Attachment B
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org
Town of Avon Zehren and Associates, Inc. West Benchmark Road Parking and Drainage Improvements March 13, 2019
YARNELL CONSULTING & CIVIL DESIGN, LLCExisting Conditions Scale: 1” = 30’
0 30’15’60’
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Existing Turf Lawn
Existing Shrubs
Existing Trees
Existing Trees
Existing Parking Existing Road
Existing Sidewalks
Existing Sidewalk
Mikaela Way & Benchmark Rd. IntersectionBenchmark Rd. Looking East
Southern Property Line Looking West Southern Property Line Looking East
Attachment B
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org
Town of Avon Zehren and Associates, Inc. West Benchmark Road Parking and Drainage Improvements March 13, 2019
YARNELL CONSULTING & CIVIL DESIGN, LLC Scale: 1” = 30’
0 30’15’60’Proposed Conditions
Illustrative Site Plan
Railr
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Rain Garden
Angled Parking Spaces (9’ x 24’)
Loading Space Behind Cars
Asphalt Road Overlay
Concrete Drainage Pan (2.5’ Wide)
Proposed 5’ Xeric Landscape Strip
(Grasses, Perennials, and Trees)
Existing Trees to be Preserved
Future Sidewalk
Extension
Old Fire Station
Library
Transit
Center
New Rain Garden
West
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Extensions
PARKING SUMMARY
(26) Proposed Parking Spaces
(9) Existing Parking Spaces (Re-Striped)
35 Total Parking Spaces
Bus S
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Re-Striped Existing Parking
(Reduction of Five Spaces)
Site Section Scale: 1/4” = 1’- 0”Property LineAngledParking
LandscapeStrip DrainagePan
Driving Lanes(Existing)
Existing Sidewalk
22’6.5’2.5’2’15’5’Parking Enlargement Plan2%2%2%HPxSlop
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po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org
Town of Avon Zehren and Associates, Inc. West Benchmark Road Parking and Drainage Improvements March 13, 2019
YARNELL CONSULTING & CIVIL DESIGN, LLCSite Area Calculations
74
4
1
7
4
4
2
7
4
4
0
7
4
3
9
7
4
3
8
LEGEND:
PROPOSED IMPERVIOUS AREA
5,664 SF
PROPOSED SNOW STORAGE AREA
4,050 SF (71.5% OF PROPOSED IMPERVIOUS AREA)
PROPOSED LANDSCAPE AREA
5,326 SF
EXISTING IMPERVIOUS AREA
22,396 SF
SCALE: 1"=30'
2/26/19
0 15' 30' 60'
BENCHMARK ROAD PARKING AND DRAINAGE IMPROVMENTS
AVON, CO
Scale: NTS
Re-Striped Existing Parking
(Reduction of Five Spaces)
Proposed Parking Spaces
Landscape Area
Snow Storage Area
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PARKING SUMMARY
(26) Proposed Parking Spaces
(9) Existing Parking Spaces (Re-Striped)
35 Total Parking Spaces
IRRIGATION AREA CALCULATIONS
LANDSCAPE AREA PROVIDED 5,326 SF
TOTAL IRRIGATED AREA 2,545 SF (48% OF LANDSCAPE AREA)
SPRAY AREA 351 SF (14% OF LANDSCAPE AREA)
DRIP AREA 2,194 SF (86% OF LANDSCAPE AREA)
Attachment B
po box 975 . avon . colorado 81620 . 970 748 4000 . www.avon.org
Town of Avon Zehren and Associates, Inc. West Benchmark Road Parking and Drainage Improvements March 13, 2019
YARNELL CONSULTING & CIVIL DESIGN, LLC Scale: 1” = 30’
0 30’15’60’Proposed Materials and PlantingMikaela WayOld Fire Station
Library
Transit
Center
West
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Bark Mulch
Perennials
Russian Sage
Concrete Pan
Gravel Edge
Birch Tree
Black Hawthorne
Grasses
Rain Garden
Attachment B
30" CONCRETEPANSTRIPING, TYPFLUSH CURBRUN DOWNTO RAIN GARDEN, TYPMIKAELA WAYBENCHMARK ROADNEW SIDEWALK(REF CIVIL)RAIN GARDEN(PERENNIALS)GRASSESORNAMENTALTREE, TYPSMALL BERMRAIN GARDEN OVERFLOWPERENNIALSGRAVEL EDGEPERENNIALBORDERRAIN GARDEN(PERENNIALS)SMALL BERMRAIN GARDEN OVERFLOWRUN DOWNTO RAIN GARDEN, TYPGRAVEL EDGEEXISTING TREESTO REMAIN, TYPEXISTING TREESTO REMAIN, TYPMATCHLINE
BARK MULCHGRAVEL EDGESEASONS BUILDINGASPHALTOVERLAYEXISTING SIDEWALKSHADE TREE, TYP744174427443744074397438EXISTING TURFAREA TO REMAINDRAININLETSSTRIPINGSTRIPING,TYPEXISTINGPARKINGLAKE STREET
RAIN GARDEN OVERFLOWMATCHLINE ASPHALTOVERLAY7438PLANT LEGEND:DECIDUOUS TREES Black Hawthorn (3" CAL)QTY - 3Crataegus douglasiiRocky Mountain Splendor Birch (3" CAL)QTY - 2Betula 'Rockimon'SHRUBSEUROPEAN SNOWBALL (5 GAL)QTY -9Viburnum opulus 'Roseum'RED ELDERBERY (5 GAL)QTY - 4Sambucus racemosa 'Sutherland Gold'COPPERTINA NINEBARK (5 GAL)QTY - 9Physocarpus opulifoilius 'Coppertina'RUSSIAN SAGE (5 GAL)QTY - 21Physocarpus opulifoilius 'Coppertina'ORNAMENTAL GRASS (5 GAL)MIXED SPECIES (SEE LIST)QTY - 109PERENNIALSMIXED SPECIES (1 GAL)QTY - 943 SF(SEE LIST)LANDSCAPEUNIT QTYBIG TUNA MUGO (5 GAL)QTY - 1Pinus mugo 'Big Tuna'2114TOTAL LU FOR TREES = 35419109921TOTAL LU FOR SHRUBS = 153TOTAL LU FOR PERENIALS = 2GRAND TOTAL LANDSCAPE UNITS = 241SYMBOL LEGEND:EXISTING TREES TOBE PRESERVED (4)ASPHALTCONCRETEGRAVEL490 SFLIMIT OF WORKEXISTING TREES TO BEREMOVED (3)BARK MULCH3,200 SFLANDSCAPEUNIT QTY1644TOTAL LU = 51SHEET NO.SHEET TITLENO.NAME YARNELL CONSULTING &
CIVIL DESIGN, LLC
P.O. BOX 3901, EAGLE, COLORADO 81631
(970) 323-7008
ISSUE / REVISION
DATE:
DATE THE DESIGNS SHOWN HEREIN INCLUDING
ALL TECHNICAL DRAWINGS, GRAPHIC
REPRESENTATION & MODELS THEREOF, ARE
PROPRIETARY & CAN NOT BE COPIED,
DUPLICATED, OR COMMERCIALLY EXPLOITED
IN WHOLE OR IN PART WITHOUT THE SOLE
AND EXPRESS WRITTEN PERMISSION FROM
YARNELL CONSULTING & CIVIL DESIGN, LLC.
DESIGN BY:
DRAWN BY:
REVIEWED BY:
PROJECT NO.:
WEST BENCHMARK ROAD PROJECT
PARKING & DRAINAGE IMPROVEMENTS
LAKE STREET TO AVON STATION
AVON, COLORADO
J. GREGG
J. GREGG
P. CAMPOS
19.001
3/12/19L2.11LANDSCAPE PLAN 1" = 20'-0" (22" X 34" SHEET)10'20' 40'0LANDSCAPEPLANL2.1L2.11LANDSCAPE PLAN 1" = 20'-0" (22" X 34" SHEET)PERENNIAL PLANT LISTScientific NameCommon NameLilium 'Star Gazer'Oriental LilyLilium lancifoliumTiger LilyCalamintha nepeta 'Blue Cloud'CalamintCoreopsis grandiflora 'Mayfield Giant' Mayfield Giant Large Flower TickseedCoreopsis roseaRose CoreopsisEchinacea 'Flame Thrower'Hybrid ConeflowerEchinacea 'Glowing Dream'Hybrid ConeflowerHemerocallis fulvaOrange DaylilyHemerocallis x hybrid RAINBOW RHYTHM Rainbow Rhythm Tiger Swirl DaylilyLilium 'El Divo'El Divo LilyMonarda 'Gardenview Scarlet'Bee BalmSalvia nemorosa 'Blue Marvel' Blue Marvel SalviaSalvia x sylvestris 'Schneehugel' SNOW HILL Snow Hill SageHylotelephium x hybrid ROCK 'N GROW Rock 'N Grow Maestro Autumn StonecropSedum spectabile 'Neon'StonecropORNAMENTAL GRASS LISTScientific NameCommon NameAndropogon gerardiiBig Blue StemCalamagrostis x acutiflora 'Karl Foerster' Feather Reed GrassDeschampsia cespitosa 'Northern Lights' Tufted Hair GrassHelictotrichon sempervirensBlue Oat GrassMiscanthus sinensisMaiden Hair GrassPanicum virgatum 'Cheyenne Sky' Switch GrassNOTES:1. ALL TREE AND SHRUB PLANT BEDS ARE TORECEIVE A MINIMUM OF 3" DEPTH OF BARKMULCH.2. IRRIGATION SYSTEM TO BE MOISTURE SENSORAUTOMATED AND TIME CLOCK OPERATED.SHRUBS, TREES, AND PERENNIALS TO BE DRIPOR MICRO SPRAY TYPE IRRIGATION.3. SILT FENCE OR HAY BALES ARE TO BE PLACEDAT THE LIMIT OF CONSTRUCTION AS NEEDED TOPREVENT EROSION AND SEDIMENTATION. ACONSTRUCTION FENCE WILL BE PLACED AT THELIMIT OF DISTURBANCE WHERE THE SILT FENCEOR HAY BALES ARE NOT USED.IRRIGATION AREA CALCULATIONSLANDSCAPE AREA PROVIDED 5,326 SFTOTAL IRRIGATED AREA2,545 SF (48% OF LANDSCAPE AREA)SPRAY AREA (EXIST TURF)351 SF (14% OF LANDSCAPE AREA)DRIP AREA2,194 SF (86% OF LANDSCAPE AREA)Attachment B
SHEET NO.SHEET TITLENO.NAME YARNELL CONSULTING &
CIVIL DESIGN, LLC
P.O. BOX 3901, EAGLE, COLORADO 81631
(970) 323-7008
ISSUE / REVISION
DATE:
DATE THE DESIGNS SHOWN HEREIN INCLUDING
ALL TECHNICAL DRAWINGS, GRAPHIC
REPRESENTATION & MODELS THEREOF, ARE
PROPRIETARY & CAN NOT BE COPIED,
DUPLICATED, OR COMMERCIALLY EXPLOITED
IN WHOLE OR IN PART WITHOUT THE SOLE
AND EXPRESS WRITTEN PERMISSION FROM
YARNELL CONSULTING & CIVIL DESIGN, LLC.
DESIGN BY:
DRAWN BY:
REVIEWED BY:
PROJECT NO.:
WEST BENCHMARK ROAD
PARKING & DRAINAGE IMPROVEMENTS
LAKE STREET TO AVON STATION
AVON, COLORADO
J. YARNELL
J. YARNELL
J. YARNELL
19.001
3/13/2019811SITE PLANC1Attachment B
SHEET NO.SHEET TITLENO.NAME YARNELL CONSULTING &
CIVIL DESIGN, LLC
P.O. BOX 3901, EAGLE, COLORADO 81631
(970) 323-7008
ISSUE / REVISION
DATE:
DATE THE DESIGNS SHOWN HEREIN INCLUDING
ALL TECHNICAL DRAWINGS, GRAPHIC
REPRESENTATION & MODELS THEREOF, ARE
PROPRIETARY & CAN NOT BE COPIED,
DUPLICATED, OR COMMERCIALLY EXPLOITED
IN WHOLE OR IN PART WITHOUT THE SOLE
AND EXPRESS WRITTEN PERMISSION FROM
YARNELL CONSULTING & CIVIL DESIGN, LLC.
DESIGN BY:
DRAWN BY:
REVIEWED BY:
PROJECT NO.:
WEST BENCHMARK ROAD
PARKING & DRAINAGE IMPROVEMENTS
LAKE STREET TO AVON STATION
AVON, COLORADO
J. YARNELL
J. YARNELL
J. YARNELL
19.001
3/13/2019811OVERALLGRADING PLANC2Attachment B
SHEET NO.SHEET TITLENO.NAME YARNELL CONSULTING &
CIVIL DESIGN, LLC
P.O. BOX 3901, EAGLE, COLORADO 81631
(970) 323-7008
ISSUE / REVISION
DATE:
DATE THE DESIGNS SHOWN HEREIN INCLUDING
ALL TECHNICAL DRAWINGS, GRAPHIC
REPRESENTATION & MODELS THEREOF, ARE
PROPRIETARY & CAN NOT BE COPIED,
DUPLICATED, OR COMMERCIALLY EXPLOITED
IN WHOLE OR IN PART WITHOUT THE SOLE
AND EXPRESS WRITTEN PERMISSION FROM
YARNELL CONSULTING & CIVIL DESIGN, LLC.
DESIGN BY:
DRAWN BY:
REVIEWED BY:
PROJECT NO.:
WEST BENCHMARK ROAD
PARKING & DRAINAGE IMPROVEMENTS
LAKE STREET TO AVON STATION
AVON, COLORADO
J. YARNELL
J. YARNELL
J. YARNELL
19.001
3/13/2019811DETAILEDGRADING PLANC2.1Attachment B
SHEET NO.SHEET TITLENO.NAME YARNELL CONSULTING &
CIVIL DESIGN, LLC
P.O. BOX 3901, EAGLE, COLORADO 81631
(970) 323-7008
ISSUE / REVISION
DATE:
DATE THE DESIGNS SHOWN HEREIN INCLUDING
ALL TECHNICAL DRAWINGS, GRAPHIC
REPRESENTATION & MODELS THEREOF, ARE
PROPRIETARY & CAN NOT BE COPIED,
DUPLICATED, OR COMMERCIALLY EXPLOITED
IN WHOLE OR IN PART WITHOUT THE SOLE
AND EXPRESS WRITTEN PERMISSION FROM
YARNELL CONSULTING & CIVIL DESIGN, LLC.
DESIGN BY:
DRAWN BY:
REVIEWED BY:
PROJECT NO.:
WEST BENCHMARK ROAD
PARKING & DRAINAGE IMPROVEMENTS
LAKE STREET TO AVON STATION
AVON, COLORADO
J. YARNELL
J. YARNELL
J. YARNELL
19.001
3/13/2019811DETAILEDGRADING PLANC2.2Attachment B
SHEET NO.SHEET TITLENO.NAME YARNELL CONSULTING &
CIVIL DESIGN, LLC
P.O. BOX 3901, EAGLE, COLORADO 81631
(970) 323-7008
ISSUE / REVISION
DATE:
DATE THE DESIGNS SHOWN HEREIN INCLUDING
ALL TECHNICAL DRAWINGS, GRAPHIC
REPRESENTATION & MODELS THEREOF, ARE
PROPRIETARY & CAN NOT BE COPIED,
DUPLICATED, OR COMMERCIALLY EXPLOITED
IN WHOLE OR IN PART WITHOUT THE SOLE
AND EXPRESS WRITTEN PERMISSION FROM
YARNELL CONSULTING & CIVIL DESIGN, LLC.
DESIGN BY:
DRAWN BY:
REVIEWED BY:
PROJECT NO.:
WEST BENCHMARK ROAD
PARKING & DRAINAGE IMPROVEMENTS
LAKE STREET TO AVON STATION
AVON, COLORADO
J. YARNELL
J. YARNELL
J. YARNELL
19.001
3/13/2019811DETAILEDGRADING PLANC2.3Attachment B
SHEET NO.SHEET TITLENO.NAME YARNELL CONSULTING &
CIVIL DESIGN, LLC
P.O. BOX 3901, EAGLE, COLORADO 81631
(970) 323-7008
ISSUE / REVISION
DATE:
DATE THE DESIGNS SHOWN HEREIN INCLUDING
ALL TECHNICAL DRAWINGS, GRAPHIC
REPRESENTATION & MODELS THEREOF, ARE
PROPRIETARY & CAN NOT BE COPIED,
DUPLICATED, OR COMMERCIALLY EXPLOITED
IN WHOLE OR IN PART WITHOUT THE SOLE
AND EXPRESS WRITTEN PERMISSION FROM
YARNELL CONSULTING & CIVIL DESIGN, LLC.
DESIGN BY:
DRAWN BY:
REVIEWED BY:
PROJECT NO.:
WEST BENCHMARK ROAD
PARKING & DRAINAGE IMPROVEMENTS
LAKE STREET TO AVON STATION
AVON, COLORADO
J. YARNELL
J. YARNELL
J. YARNELL
19.001
3/13/2019811OVERALL UTILITYPLANC3Attachment B
1 | P a g e
TOWN COUNCIL REPORT
To: Mayor Sarah Smith Hymes & Town Council
From: Greg Daly, Chief of Police
Meeting Date: April 30, 2019
Topic: AVON POLICE DEPARTMENT UPDATE AND 2018 ANNUAL REPORT
DEPARTMENT OVERVIEW
The Avon Police Department (APD) is a full-service municipal law enforcement agency responsible for
24/7 service to the Town of Avon, with an official population of 6447, (2010 U.S Census) and an
estimated 10,000 seasonal population. We celebrate the 40th anniversary of the department which
was established by town ordinance on March 27, 1979.
The Department consists of nineteen (19) sworn police officers, one (1) part time police sergeant, two
(2) non-sworn administrative employees, one (1) part time non-sworn administrative employee, one
(1) part time seasonal (Summer) non-sworn community response employee.
The 2019 Avon Police Department adopted budget is $3,889,510, which is 19.30% of the Town’s general
fund operating expenditures.
Avon Police employees focus our collective attention on the Department’s Mission Statement “We
serve to better our community”, to our motto of “Count on Us” and to our Departmental Goals on a
day-to-day basis to ensure the safety and security of residents and visitors in our community.
We operate under our Oath of Honor and our core values of
Benevolence (We are kind, compassionate and treat all with dignity and respect)
Unity (We are guardians and peacekeepers of our community)
Improvement (We constantly seek to improve ourselves individually and as a team)
Leadership (We inspire others through our actions and words)
Dedication (We are committed to our victims, to our community and to each other)
ADMINISTRATION OF THE DEPARTMENT
The Avon Police Department is led by Police Chief Greg Daly and is assisted by Deputy Chief Coby
Cosper. There are five front line supervisors, four Patrol Sergeants and a Detective Sergeant. Each
Patrol Sergeant oversees three (3) police officers (one squad has one sergeant and two officers). The
thirteen (13) Patrol Officers and four (4) Patrol Sergeants work 11.5-hour shifts. The Detective Sergeant
supervises a detective, who collectively investigate major crimes, narcotic investigations and manages
major programs such as Police Training.
The men and women of the Avon Police Department sincerely appreciate the continued support of
the Avon Town Council and Town Manager for the police department and their unswerving passion
for public safety of our citizens and guests.
2 | P a g e
SIGNIFICANT DEPARTMENT ACTIVITY SINCE LAST NOV 13, 2018 WRITTEN REPORT TO COUNCIL
➢ Deputy Chief Cosper with the assistance of Public Works Director Gary Padilla and Town
Engineer Justin Hildreth successfully completed the Town of Avon Hazard Mitigation Plan
which was approved by FEMA. This ensures that TOA is eligible for FEMA's Hazard Mitigation
Grant Program, Pre-Disaster Mitigation Grant Program, and Flood Mitigation Assistance
Program through April 1, 2024.
➢ Avon Officers responded to a burglary in progress at a town restaurant. The officers
apprehended the suspect after short foot pursuit.
➢ Sgt. Jamison regularly delivers “Alive at 25” youth driver education trainings at the police
department. The training is funded by a CDOT grant.
➢ Master Police Officer Peck has been recently promoted to squadron commander of the Civil
Air Patrol (CAP) post at the High-Altitude Army National Guard Aviation Training Site at Eagle
Airport. MPO Peck was recently promoted to the rank of Captain in CAP. Colorado Wing- Civil
Air patrol is an auxiliary of the U.S. Air Force. The CAP provides education and life skills to local
cadet teenagers.
➢ After a comprehensive hiring processes, we successfully hired new police officers Alan
Hernandez, Reece Ellsworth and Zach Haynes. We also hired Lilian “Patty” Henninger as our
new administrative assistant. Both Alan and Patty are bilingual in English and Spanish.
➢ We delivered active shooter response training for 40 employees at the Walking Mountains
Nature and Science center.
➢ We conducted our first tobacco compliance check, to ensure that our tobacco retailers are
complying with our new ordinance, ensuring that they are selling tobacco products to persons
over 21. Eight of the nine retailers passed. The retailer that failed the check has already put new
procedures/policies in place to avoid this issue in the future.
➢ We delivered several Active shooter response trainings for Westin Riverfront/East West
Partners staff through English and Spanish.
➢ We successfully prosecuted a sex assault suspect, with the assistance of DNA evidence. He
was sentenced to a ten-year Department of Corrections community corrections sentence for
sex assault case.
➢ Avon PD is a nationally accredited agency through the Commission on Accreditation for Law
Enforcement Agencies, Inc. (CALEA®). Less than 1% of law enforcement agencies in the US are
accredited through CALEA. We are the smallest agency in Colorado to be accredited through
CALEA. We have just completed year three of a four-year accreditation assessment cycle.
Under Senior Administrative Services Officer Krista Jaramillo’s leadership, we were found to
be 100% compliant to the Commission standards. In addition, we just had our accreditation
renewed through the Colorado Association of Chiefs of Police (CACP). We are proud to be
accredited by the CACP. It reflects all the hard work that the men and women at the Avon
Police Department complete 24 hours a day, 365 days a year to serve to better our community.
3 | P a g e
We will be audited in September 2019 for year 4 of the 4-year cycle and we will have a site visit/
assessment in October 2019.
➢ Avon Police officers arrested an individual for driving under the influence of suspected drugs.
The suspects’ car was inventoried. During the inventory, an Avon Officer became unwell. He
was subsequently medically checked and was cleared. The Eagle County Sheriff’s Office Drug
K-9 Echo subsequently alerted to the vehicle. There were some concerns regarding items in
the vehicle that could be used in a clandestine meth lab. Avon Police applied for and were
granted a search warrant. We followed hazardous materials protocols for searching. With the
assistance of personnel and equipment from the Eagle River Fire Protection District, Vail Fire,
Vail Public Safety Communications Center, BELFOR Environmental, and two clan lab certified
officers from the TRIDENT drug task force out of Garfield County, we executed the search
warrant. We determined that the concerning items were not evidence of a clan lab in the
vehicle. However, clan labs can be very dangerous and one by-product of a lab, Phosphine gas,
can be lethal if inhaled. As you can understand, we go by the adage “Better to be safe than
sorry”. The execution of the warrant also provided an excellent training opportunity for our
respective services for this kind of infrequent but very dangerous type event. All suspects are
presumed innocent unless proven guilty in a court of law.
➢ Chief Greg Daly was honored to present Officer Mike Lundblade with a Master Police Officer
badge. The Master Police Officer status recognizes Mikes’ 20 years of service to the community
in Avon, his dedication and commitment to his family at the Avon Police Department and the
professional police skills and experience he has mastered over the last 20 years.
➢ Officer Al Zepeda, his wife Kathleen and Deputy Lisa Vasquez (Eagle County Sheriff’s Office)
attended the 2019 Colorado Special Olympics Law Enforcement Torch Run Kick Off
Conference. Officer Zepeda and Deputy Vasquez accepted the “Serve us” award from
Colorado Special Olympics recognizing Eagle County Law Enforcement agencies for our
collective “Tip a Cop” fundraising activities in 2018. Avon PD, Vail PD, Eagle County Sheriff’s
Office, Eagle PD and the Colorado State Patrol 4C Troop are all very proud of our collective
fundraising for our local special Olympics athletes.
➢ The Police Executive Research Forum (PERF) released a report to provide guidance to law
enforcement agencies across the country, of various sizes and types, with guidance about how
to create programs for building strong relationships with immigrant communities. PERF is
considered one of the most influential police research and policy development organizations
in the United States. The men and women of the Avon Police Department are proud to be
included in this report together with our law enforcement and civilian partners as part of the
Eagle County Law Enforcement Immigrant Alliance (LEIA). The LEIA is made of representatives
from Catholic Charities, Avon Police Department, Vail Police Department, Eagle County
Sheriff’s Office, Eagle Police Department, Eagle County School District, Vail Valley Salvation
Army, Eagle County Government, Bright Future Foundation, YouthPower365 and Latino
residents of Eagle County. This study researched how to strengthen relationships between law
enforcement and immigrant communities nationwide and has showcased the work,
experience and initiatives of the Eagle County LEIA as a model for other law enforcement
agencies throughout the United States. See Pages 37 through 55 specific to the Eagle County
LEIA at https://www.policeforum.org/…/PoliceImmigrantCommunities.pdf
4 | P a g e
➢ Vail Daily writer Randy Wyrick attended and wrote a four-article series about the 10th annual
Citizens Academy hosted by the Avon Police Department in collaboration with the Eagle
County Sheriff’s Office, Vail Police Department and the Eagle Police Department.
➢ Avon Police, Eagle River Fire District with the assistance of Vail Public Safety Communications
Center responded to three e-mail hoax bomb threats in Avon. With the assistance of property
managers, we ensured there were no suspicious packages or devices on the premises. It was
determined that these incidents were part of the apparent nationwide email hoax/threats.
➢ Children from Avon Elementary School were escorted by Avon Police Officers on the “Shop
with a Cop” event. We shopped with the kids at Walmart and then bused over to the Four
Seasons in Vail, where we assisted the kids in wrapping their presents. The kids were picked
by AES school administration to participate in the event. We joined Vail PD Officers, Colorado
State Troopers, Vail Fire Dept. with other kids from Redstone Elementary School. Thanks also
to Jim and Eva from Avon Mobility/Transit for the return bus trips. Thanks to the Battle
Mountain High School Boys Basketball team, Dance Team and Girls soccer team for helping to
wrap the presents with the kids. Officer Gail McFall (Vail PD), Brian Flynn (Vail PD) and Officer
Eric Benson (Avon PD) coordinated and were integral to the success of this very special event.
➢ Chief Daly, Deputy Chief Cosper and Sgt. Dammen were honored to receive, on behalf of the
men and women of the Avon Police Department, the 2018 Colorado Attorney General’s “Law
Enforcement Agency of Excellence Award”. Attorney General Cynthia H. Coffman presented
the award during the Peace Officer Standards and Training (POST) board meeting at the
Attorney Generals offices in Denver. This award “recognizes a law enforcement agency that
has exhibited excellence, innovation and leadership in its approach to crime prevention,
investigative work, community outreach and training.” We very much appreciated the
Attorney General and the selection committee recognizing the passionate committed work
that the men and women do 24 hours a day to serve and protect the all our citizens, residents
and guests of the Town of Avon.
➢ Chief Greg Daly attended a community meeting with residents at the Aspens Mobile Home
Park. The meeting was organized by the community manager Agustina Del Hoyo. Francisco
Barraza with VVI Colorado volunteered to provide interpretation. Chief Daly spoke about many
subjects to include immigration concerns, arrest procedures, bear issues, Colorado Parks and
Wildlife activities, EC Alert system and the Latino Police Academy.
➢ Avon Police were honored to assist with the delivery of Thanksgiving good packages on behalf
of the Vail Valley Salvation Army.
➢ The officers and staff at Avon PD remembered our fallen veterans and thanked our current
veterans in our community for their service on Veterans Day. Avon PD has nine veterans who
currently serve as Avon Police Officers. We have two US Navy, three US Marine Corps and four
US Army veterans.
➢ Avon PD was down six officers for significant periods over the last four months- three new
officers have been in training or academy and three officers were recovering from surgeries,
two of which were work related injuries. Officers had to come in on their days off to work
overtime shifts to maintain skeleton staffing on the street. Thank you to all staff for working
5 | P a g e
through a difficult time while maintaining a high level of professional service to our residents
and guests.
➢ We celebrated the final night for another fun and successful community Kids, Cops and Hoops
basketball program. Avon PD Officers Brad Stamp, Corey Baldwin and Sgt. Churches ran this
program over the last five months on Tuesday evenings at the Avon Elementary school (thanks
Principal Dana Harrison for the AES gym use). Fun was had by all the kids who dropped in for
some quality basketball time with their public servants. We ended the program with some
celebratory pizza.
➢ The Gore Range Narcotics Interdiction Team (GRANITE) drug task force executed nine arrests
regarding the distribution of cocaine, meth, LSD, and MDMA in Avon in 2018. Avon PD officers
and detectives continue to work collaboratively with the Eagle County Sheriff and Vail PD task
force detectives in apprehending and prosecuting drug dealers out of our community.
➢ We hosted a successful and fun Ski with a Cop on Beaver Creek mountain. We were joined by
new friends from Ohio, Texas, Leadville and Summit county.
➢ We hosted a “Coffee with a Cop” event at Starbucks on Hurd Lane. It was another opportunity
to have some great interactions with community members and guests to Avon.
➢ We provided a four-week basic self-defense class for female staff members at the Westin
Riverfront/ East West Partners at their request.
➢ After an extensive investigation, interviews, crime scene investigation, and in collaboration
with the 5th Judicial District Attorney’s Office, we successfully obtained a plea resulting in a 20-
year Department of Corrections sentence for the attempted murder, stabbing suspect.
➢ Sergeant Eric Benson and Sergeant Tyler Churches were promoted having participated in an
intensive sergeant promotional assessment center. They started the process with a month-
long study program on three important books, the Colorado Peace Officers Handbook,
Criminal Evidence, an Introduction to Constitutional Principles for Searches, Seizures,
Interrogation and Identification and National Incident Management System (NIMS), U.S.
Department of Homeland Security. The candidates then started the assessment day with a
written test- they had to write a response to a community member with a concern. Then they
have three separate panel interviews;
• Present an incident command response to a missing child and answer interview
questions.
• Deal with two sperate role play scenarios- a disgruntled father whose son was arrested
and an employee with some personal issues.
• The candidates were tasked with an in-basket exercise- multiple supervisor related
tasks, which they had to sort through and decide on priority and present their
reasoning for a panel. This was followed by interview questions.
Eighteen assessors from partner first responder agencies, Town of Avon staff and community
members assisted in this important promotional process.
6 | P a g e
➢ Avon PD was honored to establish and host the Eagle County Regional Reserve Academy in
2018/2019. This academy was established to seek reserve certification for our two paramedics
and one trauma surgeon who serve as tactical medics on the Eagle County Special Operations
Unit. Sgt. Ken Dammen- Avon PD, Academy Director, prepared the curriculum, the scheduling
of instructors and lesson plans to submit for approval to the Colorado Post Officers Standards
and Training Board as a new police academy. After graduation, Sheriff Van Beek swore the
three medics in as new reserve deputy sheriffs.
➢ APD hosted a trauma informed interviewing training facilitated by the Colorado District
Attorneys Council at the Avon Police Department. This training provides a better process for
interviewing victims who have suffered trauma and explains the physiological effects on the
brain from extreme trauma.
➢ Sergeant Eric Benson continues to spend a lot of time as the School Resource Officer in the
Avon Elementary School. Eric assists with traffic control at the school in the morning. He walks
the school on a security check and has lunch with the kids. He has presented to the kids on the
“impact of your words”. He presented an active shooter response training to the school staff.
We will be recruiting a new school officer from our officer ranks for the 2019/2020 school year.
➢ Sgt. Holmstrom continues as a member of the steering committee for the Treetop Forensic
Interview and Child Advocacy center based in Breckenridge for our collective 5th Judicial
District. He has been working on setting up the center through funding from a variety of
governmental sources. The Town of Avon though the Avon Police Department is contributing
$5,000 to the program for child forensic interviews.
➢ Officer Zepeda executed an excellent 3rd annual Polar Plunge fundraiser for Special Olympics.
Over $7,500 was fundraised for Special Olympics.
➢ Avon PD was the 3rd place team in men’s advanced ski race at the 46th Colorado Peace
Officers Ski & Snowboard Race in Golden Peak. The team consisted of Sgt. Dammen, Sgt.
Benson and Officer Mackey. Thank you to Vail PD for hosting the Ski races.
➢ The Police Department, in partnership with Vail Resorts, and through the Eagle County
Sheriff’s IGA, completed another great season of the Law Enforcement Ski Program at Beaver
Creek. This program allows officers to ski as police officers and assist the Sheriff with
operations on the mountain during an off-duty/secondary work agreement. The officers are
compensated a ski-pass for participating in the program. The season has been very successful
with lots of great community interactions and very positive feedback from ski resort
employees. Five Avon PD officers assisted ski patrol with last day events on Beaver Creek
Mountain.
➢ Chief Greg Daly continues as the board president and actively participates with the Speak up
Reach out Suicide Prevention Coalition. Chief Daly also participates in the Total Health Alliance,
the Mental Health Advisory Committee to the Eagle County Board of County Commissioners
and the Systems Group, where the Vail Health Board recently announced a $60 million
investment in improving mental health services in Eagle County with a further goal to fundraise
a further $100 million over the next ten years.
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Avon Police Department Org Chart 2019
8 | P a g e
2018 ANNUAL REPORTING OF CRIME AND TRAFFIC STATISTICS
I would again like to preface that the following statistical information should in no way minimize the
hurt and trauma that every victim experience as the victim of a person crime or property crime. An
increase or decrease in a particular crime category should not take away from our commitment to seek
justice for every victim in every instance. We continue to believe that our success in keeping crime
rates low in Avon is supported by high visibility patrol, community engagement and trust building with
our residents and guests.
The Avon Police Department is committed to serving to better our community through reducing crime
and improving traffic/community safety through community partnerships, education, and by
enforcement of laws. This document contains year-to-year historical crime reporting and traffic data,
which highlights highs and lows in activity. There are many variables that contribute to crime and
traffic crashes: such as weather, staffing, philosophy, prioritization, special events, population,
economy, etc. Secondly, this memorandum contains 2018 crime/traffic data as compared to 2017 and
2016. Lastly, additional programs and community projects that the Police Department is working on
are documented.
YEAR-TO-YEAR CRIME/TRAFFIC REPORTING
The Police Department captures a wide variety of data and statistics for a variety of reasons. Crime
data is sent to the Colorado Bureau of Investigation (CBI) and in turn to Federal Bureau of Investigation
(FBI) for documentation in National Incident-Based Reporting System (NIBRS) and the Uniformed
Crime Report (UCR). NIBRS collects data on 46 Group A and 10 Group B offenses. UCR collects on 8
Part I crime index offenses.
The latest usa.com crime index available is from 2014 and lists the Avon crime Index at 1,253. Colorado’s
index is listed as 1,525.87 and the USA national average is 1,669.05.
Additionally, the Police Department compares statistical data against the Annual Benchmark Cities
Survey, which is a nearly two decade long comparative police performance analytics. Twenty-nine (29)
law enforcement agencies from throughout the country participate in this survey including Boulder,
Ft. Collins, and Lakewood, Colorado. The latest available annual data for this national survey is 2017.
(http://www.opkansas.org/maps-and-stats/benchmark-cities-survey/)
9 | P a g e
AVON POLICE DEPARTMENT 2007-2018 ACTIVITY STATISTICS, JANUARY 1-DECEMBER 31, 2018
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
Total Crimes Reported 1438 1227 869 786 908 613 667 912 937 740 798 827
Group A Crimes 571 562 438 368 440 372 313 388 381 320 313 359
Group B Crimes 867 665 431 418 468 241 354 524 556 420 487 468
Clearance Rate .49 .41 .43 .43 .48 .59 .44 .40 .50 .49 .43 .51
Total Reports 1453 1338 952 897 1111 1015 925 912 972 840 901 855
Calls for Service 21215 19359 13364 14382 16905 16213 13829 16909 16302 16039 22890 20632
Traffic Accidents 204 253 177 170 161 142 174 148 148 159 159 154
Traffic Accidents ETOH/Drug 14 16 14 6 8 7 10 12 8 9 7 7
Total Arrests 722 607 366 334 384 450 435 501 509 379 392 392
Adult Arrests 654 549 350 291 363 419 413 478 485 358 365 354
Juvenile Arrests 68 58 16 43 21 31 21 23 24 21 27 38
Felony Arrests 117 86 70 39 71 88 54 50 66 49 53 71
Sexual Offenses 2 4 6 6 12 12 4 10 9 7 11 14
Robbery 5 2 1 1 0 0 0 2 1 0 2 0
Burglary 33 41 38 28 24 9 11 12 10 13 7 13
Larceny 164 155 153 149 160 87 129 159 154 133 109 113
Motor Vehicle Theft 13 17 7 9 4 1 4 6 6 9 7 5
Assault 90 74 42 48 41 37 36 45 53 47 43 67
Arson 0 0 0 0 2 1 1 3 1 0 0 0
Forgery/Counterfeiting 29 38 25 9 5 5 4 9 6 8 3 5
Fraud 42 48 32 20 17 28 32 27 27 21 27 20
Vandalism 104 117 94 54 64 51 72 69 76 64 63 65
Weapon Offense 6 9 1 1 3 4 0 6 4 2 4 6
Narcotics 80 50 36 41 101 135 15 36 29 15 34 41
DUI 154 153 93 78 118 89 105 150 156 100 133 108
Liquor Laws 52 37 17 31 25 23 23 16 20 13 14 15
Disorderly Conduct 59 42 25 26 30 33 24 19 27 14 20 27
Domestic Violence 84 64 30 40 41 38 55 37 30 39 33 43
Traffic Stops 2055 2126 2383 2860 4691 4299 3283 4302 3470 2328 2281 1985
Total Traffic Warnings 1143 1098 1434 1811 3101 2523 2371 3275 2599 1706 1620 1561
Written Traffic Warnings 1170 1463 1378
Traffic Summons
Speeding
Avon
Wildridge
WBC BL
EBC BL
Swift
I 70
Metcalf Nottingham
614
233
70
11
19
9
5
91
16 11
772
340
80
1
49
33
6
139
21 8
663
312
57
8
101
35
13
36
9 44
782
393
63
15
86
31
7
147
22 19
1192
379
31
2
46
7
6
265
3 17
961
275
16
3
36
6
13
191
1 7
701
118
5
2
9
6
2
85
3 4
820
169
14
4
22
5
2
103
7 7
615
182
7
13
24
14
2
91
18 7
545
244
14
7
11
17
8
169
2 2
508
283
15
6
11
15
4
223
1 5
309
112
5
1
29
8
2
41
1 17
Safety Belt 25 0 86 410 407 365 316 143 115 46 48
Child Safety Seats 2 2 8 3 7 1 5 0 0 2 3
Criminal Summons
Odor Complaints 2 0 0 0 0 0 0 0 0 0 0 0
Animal Control Warnings 30 20 25 33 19 12 10 28 58 151 106 119
Animal Control Summonses 34 13 27 9 6 7 11 3 6 13 3 7
Wildlife Protection Ordinance
(CFS)
103 62 55 23 11 40 3 29 5 37 6 9
Wildlife Protection Ordinance
Summonses
20 0 7 0 0 2 0 1 5 0 0 0
Bear Calls 106 16 108 38 35 131 18 60 26 64 37 49
Smoking Violation Summonses 7 2 0 0 0 0 0 0 0 0 0 0
Smoking Violation Warnings 3 4 0 0 0 0 0 0 0 0 0 0
Group A crimes include: Homicide, Kidnapping/Abduction, Robbery, Assault, Arson, Extortion, Burglary, Larceny/Theft, Motor
Vehicle Theft, Counterfeiting, Fraud, Embezzlement, Stolen Property, Vandalism, Drug/Narcotic Offenses, Sex Offenses,
Pornography/Obscene, Gambling Offense, Prostitution, Bribery and Weapon Violations.
Group B crimes include: Bad Checks, Curfew/Loitering, Disorderly Conduct, DUI, Family Offenses, Liquor Law Violations, Peeping
Tom, Runaway and Trespass.
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CRIME/TRAFFIC STATISTICS AND CALLS FOR SERVICE
During 2018, Vail Public Safety Communication Center dispatched 4,996 calls for service (CFS) to the
Avon Police Department (4,712 in 2017, 4,561 in 2016, 4,442 in 2015). Avon officers generated 15,325
self-initiated (SI) calls for service, which include traffic stops, building checks, foot patrols, extra
patrols as requested by community members. An additional 310 calls for service were generated in
Avon and were primarily dealt with by the dispatch center. In 2017, Avon PD officers generated 16,873
SI CFS, in 2016 11,478 SI CFS and 11,860 in 2015 (these figures include a small number of calls that were
handled directly by the dispatch center).
The 2017 Benchmark Cities Survey shows that the average number of annual calls for service per 1,000
citizens is 462.9. Calls for service in Avon have been significantly higher over the last three years at
707 in 2016, 731 in 2017 & 775 in 2018. This indicates that the Avon Police Department is busier than the
average law enforcement agency in citizen 911 and other response requests, which may be an indicator
of public trust. Community members call when they need assistance, whether emergent or not.
In 2018, Avon PD officers conducted 2,395 directed patrols to reduce crime and increase visibility
throughout the Town of Avon, either at request by community member or business or crime
deterrence. These directed patrols included foot patrol in Nottingham Park, traffic enforcement in
Wildridge, trail heads in Wildridge and at the end of Nottingham and parking monitoring in the core.
We completed 899 hours of foot patrol. We completed 480 hours of bike patrol.
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AVON POLICE DEPARTMENT RESPONSE TIMES
The Police Department, as part of our annual performance matrix, measures response times to calls
for service. These times are documented and calculated through the Vail Public Safety
Communications Center. Calls for service are broken into four priorities, which are:
Priority 1 & 2: Life or property in immediate threat or just occurred. Units respond immediately, lights
and sirens.
Priority 3: Normal everyday calls for service, needs to be handled in a timely manner.
Priority 4: Calls can be held for a period of time.
In practice, Priority 1 and 2 calls are considered life safety emergent calls and are treated as the same
category.
The 2017 Annual Benchmark Cities Survey indicates that the average response time for Priority 1
responses is 5:56 minutes for the twenty-nine (29) agencies surveyed. The survey does not break
down Priority 1 or 2 as does the Vail Public Safety Communications Center; however, the Avon Police
Department’s 2018 response time for emergency calls (Priority 1 and 2) at 3:07 is significantly less than
the 5:56 minute survey average.
2016
Priority 1 – 00:40:06 (1 Priority 1 event) (This is an anomaly, because the time the officer arrived on
scene was not logged, therefore eschewing the overall time)
Priority 2 – 00:04:15
Priority 3 – 00:10:04
Priority 4 – 00:05:58
2017
Priority 1 - 00:01:20
Priority 2 - 00:03:43
Priority 3 - 00:13:45
Priority 4 - 00:09:39
2018
Priority 1 - 00:00:00
Priority 2 - 00:03:07
Priority 3 - 00:14:16
Priority 4 - 00:08:46
CRIME REPORTING/INCIDENT REPORTS
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During 2018, total crimes reported was marginally higher as compared to 2017, 827 versus 798.
ALCOHOL/DRUGS
Persons under the influence of alcohol and/or drugs continue to be a root cause of crime, especially in
relation to crimes against person’s incidents and driving under the influence cases. Officers made 108
DUI arrests in 2018. DUI related crashes remained the same at seven for 2018 and 2017. Avon PD
narcotic arrests increased from 34 in 2017 to 41 in 2018.
ARRESTS
740
840798
901827 855
Total Crimes Reported Total Incident Reports
Crime Reporting
Annual Comparison
2016 2017 2018
15 7
100
5 7 9
34
11
133
4 11 7
41
6
108
5 6 7
Narcotics Marijuana DUI DUID DUI
Marijuana
DUI Crashes
Alcohol/Drugs
Annual Comparison
2016 2017 2018
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These arrest statistics include full custodial arrests, where the subject is booked into the Eagle County
Detention Facility (ECDF), arrests that are processed at the Avon Police Departments booking area and
field summons and release for more minor offenses. Due to the distance to the Detention Facility and
inmate population at ECDF, Avon Officers attempt to summons and release or process at the Avon
Police Department booking facility on the more minor offenses whenever possible to ensure the
Officers are within the town boundaries as much as possible. In 2018, there was the same number of
arrests 392 as in 2017 but within that statistic, there was an increase in felony arrests at 71 from 53 in
2017.
PROPERTY CRIMES
Property crimes remain at historic lows. In 2018, theft/larceny increased slightly from 109 to 113.
Burglary increased from 7 to 13, like the 2016 figure of 13. Vandalism incidences of 65 was similar to
2017 at 63.
In comparison to the 2017 Benchmark Cities Survey, the average annual number of burglaries per 1,000
residents is 3.6. Avon’s average is 2.02.
379
49
392
53
392
71
Total Arrests Total Felony Arrests
Arrests
Annual Comparison
2016 2017 2018
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In comparison to the 2017 Benchmark Cities Survey, the average annual number of auto thefts per
1,000 residents is 2.2. Avon has seen an average of 1.08 over the last 3 (three) years.
CRIMES AGAINST PERSONS
Avon had zero robberies in 2018 as compared with two robberies in 2017. Reported sex offenses have
increased from 11 to 14. Assaults increased from 43 to 67. Domestic violence incidences increased from
33 to 43.
In comparison to the 2017 Benchmark Cities Survey, the average annual number of reported domestic
violence incidences per 1,000 residents is 5.5. Avon’s index for 2017 was 6.67.
In comparison to the 2017 Benchmark Cities Survey, the average annual number of reported rape
offenses is .44 and sexual offenses (excluding rape) per 1,000 residents is .5. Avon has seen a rate
significantly higher than this average for each of the last three years at 1.09 in 2016, 1.71 in 2017 and 2.17
in 2018.
2.02
1.08
3.6
2.02
Avon Burglary
Rates
Benchmark Cities
2017
Burglary Rates per 1,000 Citizens
Annual Comparison
2016 2017 2018
15 | P a g e
The Avon Police Department tracks clearance rates for the most serious crime. Some crimes have high
solvability rates such as narcotic arrests and assaults, while other crimes like some sexual assaults,
16 | P a g e
burglaries, and theft have lesser solvability rates. The Avon Police Department has an average
clearance rate that is higher than the Benchmark Cities Survey Part I average.
TRAFFIC CRASHES
Traffic Crashes in 2018 were reported at 154, down from 159 in 2017 and 2016. There were 7 (seven)
impaired driving related accidents, 4.5% of total crashes. Most of crashes in Avon occur on Interstate
70, Avon Road, Beaver Creek Boulevard, Beaver Creek Place, and Metcalf/Nottingham Roads. These
are our most traveled roadways. The 2017 Benchmark Cities Survey indicates that the crash rate for
1,000 citizens annually is 21.8. Factoring this average would equate to 140 crashes in Avon annually.
The 2018 injury accidents included:
➢ 2 (non-incapacitating) out of the 22 collisions on I-70
➢ 6 (1 non-incapacitating, 5 complaint of injury) of 38 collisions on Avon Road
➢ 2 (1 Incapacitating, 1 complaint of injury) of 16 on Metcalf/Nottingham
➢ 2 (1 non-incapacitating, 1 complaint of injury) of 16 on Post Blvd
➢ 6 from other locations in town (4 non-incapacitating, 2 complaint)
TRAFFIC ENFORCEMENT
In 2018, Avon Police Officers conducted 1,985 traffic stops (2,281 in 2017 & 2,328 in 2016)
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In respect to the 1,985 traffic contacts, Avon Officers issued 309 traffic citations/summonses and 108
DUI summonses. This enforcement accounts for 21.00 % of all traffic contacts and inversely, we
provided warnings/ requests for behavioral change to 78.99% of our traffic contacts. This statistic also
reflects our philosophy of striving to gain behavioral change for priorities like impaired driving,
speeding and not wearing a seat belt. As you can see, the clear majority of traffic contacts end up with
a cordial warning and encouragement to fulfill our collective social obligation to be safe drivers on our
roads for all our residents and guests.
Other important statistics include the 2018 ethnic breakdown of our traffic stops to include
educational warnings and tickets:
➢ 25.81% of our traffic stops were with persons of Hispanic ethnicity; 17.48% Hispanic males and
8.33% Hispanic females. This compares with 49% of our census population who report Hispanic
heritage
➢ 45.48% of our traffic stops were with Caucasian males
➢ 22.63% of our traffic stops were with Caucasian females
➢ 2.08% were with African males
➢ .55% was with African American females
Out of 1,985 traffic contacts there were three complaints filed regarding unprofessionalism. The three
complaints were thoroughly investigated by a supervisor. All the complaints were determined to be
unfounded and the officers were exonerated. However, as a byproduct of one of the complaints, an
officer completed some educational remedial training.
The 2017 Benchmark Cities Survey lists the average number of annual traffic citations per 1,000 citizens
at 140. This compares with 65 citations per 1,000 citizens in Avon, which is well below the survey data
average.
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###
FISCAL YEAR 2019
FINANCIAL REPORT
April 30, 2019
______________________________________________________________________________________
1. Financial Report Memorandum
2. Sales Tax Report – February
3. Accommodations Tax Report – February
4. Real Estate Transfer Tax Report – February
5. Recreation Center Admissions – February
6. General Fund Year-To-Date Expenditures – February
7. Fleet Maintenance Fund Year-To-Date Expenditures – February
8. Mobility Fund Year-To-Date Expenditures – February
TOWN COUNCIL REPORT
To: Honorable Mayor Sarah Smith Hymes and Avon Town Council
From: Nelly Burns, Senior Accountant
Meeting Date: April 30, 2019
Agenda
Topic: Fiscal Year 2019 Financial Report –February 2019
SUMMARY
Revenues
SALES TAX
• Sales tax revenue for the month of February totaled $809,165.90, a 3.02% increase from the
previous year and a 1.52% negative variance over the original cumulative monthly budgets, which
is based on the average of the relative monthly percentages of taxes collected over a 5-year period.
• Monthly sales tax collections by industry compared to one year ago have increased $5,278 for
Home/Garden, $10,109 for Grocery/Specialty/Health, $18,703 for Accommodations, and $1,932
for Restaurants/Bars, and $3,977 for Service Related businesses. Monthly sales tax collections
have decreased ($2,309) for Liquor Stores, ($5,390) for Sporting Good Retail/Rental, ($8,194) for
Miscellaneous Retail, ($139) for Other businesses.
• Year-to-date sales tax revenues through February have increased 1.06% over the previous year,
which is $17,117.12 over the previous year and $2,999.09 under original budget estimates.
-
50,000.00
100,000.00
150,000.00
200,000.00
250,000.00
Sales Tax Comparison by Industry
Feb-18 Feb-19
New and Renewed
Business, Contractor & Sales Tax Licenses Issued in February
Business License - Fixed Location 22
Business License - Home Occupation 6
Business License - Short Term Accommodation 16
Business License – Special Event 4
Business License - Vendor 35
Contractor License 16
Liquor License 1
Sales Tax License 25
Grand Total 125
ACCOMMODATIONS TAX
• Accommodations tax revenue for month of February totaled $203,190.38, a 4.30% increase from
the previous year and a 2.90% positive variance from the original cumulative monthly budgets,
which is based on the average of the relative monthly percentages of taxes collected over a 5-year
period.
• Monthly accommodations tax collections increased $3,055.87 for time shares, $11,556.74 for
hotels, and $2,430.53 for vacation rentals compared to February 2018.
-
20,000.00
40,000.00
60,000.00
80,000.00
100,000.00
120,000.00
140,000.00
Time Shares Hotels Vacation Rentals
Accommodation Tax by Type
Feb-19 Feb-18
REAL ESTATE TRANSFER TAX
• Real estate transfer tax collections for the month of February totaled $298,730.16, an increase of
10.81% from the previous year and a positive variance of 45.77% over the original cumulative
monthly budgets, which is based on average of the relative monthly percentages of taxes collected
over a 5-year period.
Real Estate Transfer Tax (RETT) Transactions January
RETT Transactions which paid 2% tax 9
RETT Exemptions for Primary Residence 2
RETT Exemptions for Full Exemption 2
Deed Restricted & Tax Exempt 0
RETT transactions still pending response from owner 7
Grand Total 20
RECREATION CENTER ADMISSIONS
• February’s admission fees totaled $64,868.20 a 14.59% decrease from the previous year. This is
a 19.20% negative variance compared to the monthly budget, which is based on average of the
relative monthly percentages of taxes collected over a 5-year period.
Expenditures
• General Fund expenditures through February 2019 total 14.52% of the total budget. These
expenditures include insurance premiums, computer services, events, community grants,
equipment replacement, contract services, janitorial and legal services.
• Fleet expenditures through February 2019 total 15.21% of the total budget. These costs include
expenditures of stock parts, fleet maintenance, debt service interest, and insurance premiums.
• Mobility funds are February 2019 total 17.46% of the total budget. These expenditures include
costs of diesel, fleet maintenance, equipment replacement, capital lease payments, and insurance
premiums.
TOWN OF AVONSALES TAX 2019 Actual vs. Budget Budget YTD Collections Budget % of change % change 2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from BudgetJanuary 638,863.27$ 765,195.68$ 743,689.78$ 792,562.03$ 825,816.08$ 809,686.40 819,179.33$ 9,492.93$ -0.80% 1.17%February 673,722.03 788,999.06 774,754.00 798,923.33 785,412.03 821,657.92 809,165.90 (12,492.02)$ 3.02% -1.52%March 793,301.96 875,499.53 945,795.71 918,657.55 1,014,399.70 977,708.43 April 381,839.56 403,560.42 438,198.18 425,727.85 394,986.15 439,510.36 May 340,332.28 353,840.11 404,872.55 394,689.30 418,628.58 411,142.33 June 538,517.31 570,424.51 693,675.00 650,794.65 757,498.52 690,319.33 July 570,959.86 601,516.82 690,342.23 682,024.81 696,374.00 696,835.24 August 547,085.80 572,647.57 593,398.26 618,515.44 639,569.12 638,787.13 September 546,016.59 595,235.68 667,949.51 690,883.92 680,720.64 683,847.29 October 417,921.46 423,701.53 451,303.71 458,645.68 490,977.90 482,129.93 November 397,935.36 438,315.55 445,336.04 435,975.05 456,409.92 467,386.14 December 1,221,263.98 1,159,160.45 1,247,832.82 1,183,666.21 1,264,626.23 1,306,408.37 Total 7,067,759.46$ 7,548,096.91$ 8,097,147.79$ 8,051,065.82$ 8,425,418.87$ 8,425,419$ 1,628,345.23$ (2,999.09)$ 1.06% -0.18%Actual Collections$750,000$760,000$770,000$780,000$790,000$800,000$810,000$820,0002015 2016 2017 2018 2019YearSales Tax Collections for February
TOWN OF AVONACCOMMODATIONS TAX 2019 Actual vs. Budget Budget YTD Collections Budget % change % change 2014 2015 2016 2017 2018 2019 2019 Variance 2018 to budgetJanuary 129,851.78$ 164,361.04$ 168,424.63$ 190,207.82$ 181,588.99$ 188,424$ 197,879.22$ 9,455.43$ 4.03% 5.02%February 150,317.06 175,056.31 185,370.53 194,804.88 186,147.24 201,354 203,190.38 1,836.30$ 4.30% 0.91%March 168,597.39 183,650.29 217,387.54 201,008.55 206,783.36 220,713 - April 31,626.02 34,825.13 60,916.55 38,340.02 33,275.27 44,932 - May 21,961.97 28,002.56 37,357.48 39,961.98 42,618.10 38,366 - June 54,232.23 53,397.46 73,591.08 83,723.31 94,803.78 81,235 - July 81,083.01 86,301.22 107,595.18 119,300.76 119,458.02 116,007 - August 71,044.33 75,107.71 87,674.05 100,628.23 98,193.15 97,696 - September 50,840.16 60,417.74 68,139.11 81,837.60 85,257.82 78,242 - October 34,977.59 38,706.72 45,738.23 48,223.10 53,236.86 49,878 - November 32,064.02 34,328.47 37,570.50 46,397.08 47,934.88 44,777 - December 168,944.85 198,421.26 200,114.56 189,505.28 185,008.67 212,712 - Total 995,540.41$ 1,132,575.91$ 1,289,879.44$ 1,333,938.61$ 1,334,306.14$ 1,374,335.32$ 401,069.60$ 11,291.74$ 4.17%2.90%0.88 0.88 0.97 1.00 0.97 Actual Collections $- $50,000 $100,000 $150,000 $200,000 $250,0002015 2016 2017 2018 2019Accommodations Tax Collections for February
Town of Avon
Real Estate Transfer Tax
2019 Actual vs. Budget
Budget YTD Collections $ Change % of Change % change
2013 2015 2016 2017 2018 2019 2019 2018 2018 to budget
22,535.00$ 48,640.40$ 64,422.00$ 107,390.00$ 264,063.20$ 92,927.86$ 72,520.00$ (191,543.20)$ -72.54%-21.96%
55,872.69 85,479.08 200,850.86 270,815.26 269,578.51 161,754.65 298,730.16 29,151.65$ 10.81%84.68%
125,927.64 168,744.22 265,061.65 254,737.53 344,556.74 212,416.61
144,437.80 125,266.30 159,046.06 249,938.93 122,312.21 146,800.60
121,784.12 237,971.08 184,987.10 377,490.82 351,236.93 233,390.60
90,309.74 294,434.84 307,127.24 703,419.85 343,140.71 318,604.88
386,434.78 396,838.68 259,977.94 219,208.74 272,420.41 281,299.66
97,579.70 152,380.93 186,483.40 592,467.49 343,249.80 251,477.88
157,010.67 291,223.61 321,957.68 423,013.80 311,022.50 275,681.97
169,839.80 172,855.22 641,688.59 497,642.58 330,671.24 332,215.54
112,491.82 169,328.38 315,109.37 425,402.80 211,818.76 226,184.57
83,382.60 225,862.90 588,514.66 227,918.50 196,105.45 242,245.18
1,567,606.36$ 2,369,025.64$ 3,495,226.55$ 4,349,446.30$ 3,360,176.46$ 2,775,000$ 371,250.16$ (162,391.55)$ -30.43%45.77%
Budget 2,775,000.00
Variance, Favorable (Unfavorable)(2,403,749.84)$
Actual Collections
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
2015 2016 2017 2018 2019
Year
Real Estate Transfer Tax for February
TOWN OF AVON
RECREATION CENTER ADMISSION FEES
2019 Actual vs. Budget
Budget YTD Collections Budget % of change % change
2014 2015 2016 2017 2018 2019 2019 Variance from 2018 from Budget
January 70,039.90$ 62,607.00$ 64,723.00$ 74,674.00$ 88,582.09$ 79,714.43$ 72,981.40$ (6,733.03)$ -17.61%-8.45%
February 68,578.10 63,838.00 68,506.00 86,342.00 75,952.60 80,287.10 64,868.20 (15,418.90)$ -14.59%-19.20%
March 72,616.10 77,902.00 81,664.00 76,023.00 79,071.20 85,605.34
April 64,370.00 61,760.00 55,452.00 67,398.00 61,817.56 68,700.13
May 35,063.70 43,119.00 50,067.40 54,337.00 50,252.60 51,467.96
June 46,194.30 55,052.00 58,430.50 58,044.00 62,135.02 61,860.62
July 71,491.30 61,472.00 66,399.80 65,873.60 72,441.40 74,641.93
August 57,328.80 63,233.00 66,388.60 76,558.30 73,573.10 74,510.12
September 43,829.00 36,846.00 44,719.00 49,017.70 49,315.70 49,453.74
October 48,803.00 75,818.00 61,167.00 51,833.00 59,692.77 65,719.61
November 93,822.00 29,570.00 71,384.00 72,114.00 126,981.80 87,063.24
December 69,258.00 77,672.00 112,201.00 169,092.78 186,927.10 186,927.10
Total 741,394.20$ 708,889.00$ 801,102.30$ 901,307.38$ 986,742.94$ 965,951$ 137,849.60$ (22,151.93)$ -16.22%-13.84%
Actual Collections
$-
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
$90,000
$100,000
2015 2016 2017 2018 2019
Recreation Center Admissions -February
Dept./Div.2019 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
General Government:
111 Mayor and Town Council 262,117$ 947$ 70,515$ 190,655$ 27.26%
112 Boards and Commissions 16,049 - 1,429 14,621 8.90%
113 Town Attorney 155,000 7,850 23,589 123,561 20.28%
115 Town Clerk 120,800 8,306 9,114 103,380 14.42%
121 Municipal Court 155,008 19,919 15,643 119,446 22.94%
131 Town Manager 386,895 248 22,259 364,389 5.82%
133 Community Relations 202,582 13,796 22,164 166,623 17.75%
Total General Government 1,298,451 51,066 164,712 1,082,674 16.62%
Human Resources Department:
132 Human Resources 537,456 23,856 54,853 458,747 14.64%
Finance & IT Department:
141 Finance 997,181 102,122 130,517 764,542 23.33%
143 Information Systems 431,091 57,924 67,824 305,343 29.17%
149 Nondepartmental 583,517 115,778 47,050 420,689 27.90%
Total Finance & IT 2,011,789 275,824 245,391 1,490,575 25.91%
Total General Gov't Departments 3,847,696 350,745 464,955 3,031,995 21.20%
Community Development:
212 Planning 293,353 25,031 34,869 233,453 20.42%
213 Building Inspection 177,039 2,100 20,816 154,123 12.94%
215 Town Produced Events 210,019 3,081 30,674 176,264 16.07%
216 Signature Event Seed Funding 500,000 21,800 - 478,200 4.36%
217 Community Grants 201,000 99,400 - 101,600 49.45%
218 Salute to the USA 110,715 8,120 10,111 92,484 16.47%
Total Community Development 1,492,126 159,532 96,471 1,236,123 17.16%
Police Department:
311 Administration 795,463 46,935 100,292 648,236 18.51%
312 Patrol 2,778,057 40,729 298,214 2,439,114 12.20%
313 Investigations 315,990 127 38,953 276,910 12.37%
Total Police 3,889,510 87,792 437,459 3,364,259 13.50%
Public Works:
412 Engineering 275,025 3,023 32,513 239,489 12.92%
413 Roads and Bridges 2,321,714 105,734 220,747 1,995,234 14.06%
415 Parks 671,860 76,851 20,706 574,304 14.52%
418 Buildings & Facilities 1,169,504 77,610 121,032 970,863 16.99%
Total Public Works 4,438,103 263,217 394,997 3,779,889 14.83%
Recreation Department:
514 Administration 244,297 18,609 25,681 200,006 18.13%
515 Adult Programs 62,701 750 8,549 53,402 14.83%
516 Aquatics 629,604 33,096 79,236 517,272 17.84%
518 Fitness 136,807 - 10,313 126,494 7.54%
519 Guest Services 336,180 5,784 42,765 287,631 14.44%
521 Youth Programs 161,580 2,234 14,688 144,658 10.47%
523 Community Swim Program 63,324 - 10,530 52,794 16.63%
Total Recreation 1,634,493 60,474 191,762 1,382,257 15.43%
Contingency 100,000 100,000
Operating Transfers 1,870,000 1,870,000
1,870,000
TOTAL OPERATING EXPENDITURES 17,271,928$ 921,760$ 1,585,645$ 14,764,523$ 14.52%
Department Expenditure Summaries
General Fund
February 2019 Expenditures to Date
Dept./Div.2019 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
Public Works:
434 Fleet Maintenance 1,801,273$ 64,097$ 209,851$ 1,527,325$ 15.21%
Total Operating Expenditures 1,801,273 64,097 209,851 1,527,325 15.21%
TOTAL EXPENDITURES 1,801,273$ 64,097$ 209,851$ 1,527,325$ 15.21%
Expenditure Summary
Fleet Maintenance Enterprise Fund
February 2019 Expenditures to Date
Dept./Div.2019 Encumbrances Year To Date Available
Number Description Budget Outstanding Expenditures Balance YTD/Budget
EXPENDITURES
431 Transit Administration 286,200$ 10,147$ 30,103$ 245,950$ 14.06%
432 Transit Operations 2,087,011 - 418,993 1,668,018 20.08%
436 Wash Bay 169,093 10,964 38,930 119,199 29.51%
437 Programs 373,720 - - 373,720 0.00%
Total Operating Expenditures 2,916,024 21,111 488,026 2,406,887 17.46%
TOTAL EXPENDITURES 2,916,024$ 21,111$ 488,026$ 2,406,887$ 17.46%
Expenditure Summary
Mobility Enterprise Fund
February 2019 Expenditures to Date