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TC Packet 02-11-2020 _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. 1 AVON TOWN COUNCIL MEETING AGENDA TUESDAY, FEBRUARY 11, 2020 MEETING BEGINS AT 5:00 PM AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO AVON TOWN COUNCIL TUTORIAL BEGINS AT 4:00 PM INTRODUCTION AND EXECUTIVE OVERVIEW OF TYLER TECHNOLOGIES ERP SYSTEMS FOR FINANCIAL MANAGEMENT AND PERSONNEL MANAGEMENT (ERIC HEAPS, ACCOUNT EXECUTIVE) (40 MINUTES) AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [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.] 4.1. PRESENTATION: UPDATE ON TOBACCO TAX SPENDING AND YOUTH SUPPORT (POLICY AND PARTNERSHIPS STRATEGIST FOR YOUTH AND FAMILIES EAGLE COUNTY, MANDY IVANOV) (5 MINUTES) 5. BUSINESS ITEMS 5.1. PRESENTATION : CENSUS 2020 UPDATE (CENSUS, BRIAN M EINHART ) AND CENSUS 2020 RECRUITMENT UPDATE (CENSUS, PATRICIA OSTWALD) (25 MINUTES) 5:10 5.2. APPROVAL OF TYLER TECHNOLOGIES SOFTWARE PURCHASE CONTRACT (FINANCE DIRECTOR SCOTT WRIGHT) (10 MINUTES ) 5:35 5.3. PRESENTATION : WATER AND WASTEWATER CAPITAL P ROJECTS AND ASSOCIATED RATE INCREASES (LINN BROOKS AND JAMES WILKINS OF ERWSD/UERWA ) (20 MINUTES) 5:45 5.4. WORK SESSION ON WHITEWATER PARK (TOWN ENGINEER JUSTIN HILDRETH) (20 MINUTES) 6:05 5.5. RESOLUTION 20-01, APPROVING FEES-IN-LIEU CALCULATION FOR THE FRACTIONAL REMAINDER OF EMPLOYEE MITIGATION REQUIREMENTS GENERATED FROM CHAPTER 7.20.100, EMPLOYEE HOUSING MITIGATION (TOWN PLANNER DAVID MCWILLIAMS) (15 MINUTES) 6:25 5.6. FIRST READING ORDINANCE 20-02, ADOPTING A NEW CHAPTER 1.15 OF TITLE 1 OF THE AVON MUNICIPAL CODE ESTABLISHING PERMANENT LOCATIONS FOR POSTING NOTICE OF PUBLIC MEETINGS (TOWN ATTORNEY PAUL WISOR) (10 MINUTES) 6:40 5.7. OPPORTUNITY ZONE PROSPECTUS (PLANNING DIRECTOR MATT PIELSTICKER) (30 MINUTES) 6:5 0 _______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. 2 5.8. AUTHORIZATION TO PURSUE CODE AMENDMENTS RELATED TO ELECTRIC READINESS FOR PV SYSTEMS AND ELECTRIC CHARGING STATIONS (PLANNING DIRECTOR MATT PIELSTICKER) (10 MINUTES) 7:20 5.9. APPROVAL OF MINUTES FROM JANUARY 28, 2020 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES) (5 MINUTES) 7:30 6. WRITTEN REPORTS 6.1. UPPER EAGLE REGIONAL WATER AUTHORITY JANUARY 23, 2020 MEETING SUMMARY (MAYOR SMITH HYMES) 6.2. FEBRUARY 4TH PLANNING AND ZONING COMMISSION MEETING ABSTRACT (PLANNING DIRECTOR MATT PIELSTICKER) 6.3. TOWN MANAGER REPORT (TOWN MANAGER ERIC HEIL) 6.4. USFS ROAD 779 (PLANNING DIRECTOR MATT PIELSTICKER) 7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES (10 MINUTES) 7:35 8. ADJOURN 7:45 ___________________________________________________________________________________________________________________________________________________________________________________________ *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 a dvance 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 agen da item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majo rity of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. FUTURE MEETING AGENDAS: February 25, 2020 - SITE TOUR – 3:30PM AVON WASTEWATER FACILITY - PRESENTATION: STEWARDSHIP OF THE WEST AVON PRESERVE - WORK SESSION: DEED RESTRICTED PURCHASE PROGRAM - RESOLUTION 20-XX. OPTIONAL PREMISE LIQUOR LICENSE FOR SPECIAL EVENTS - NOTICE OF AWARD FOR OLD TOWN HALL DEMOLITION - 1041 APPLICATION FOR AVON WASTEWATER FACILITY - FIRST READING OF ORDINANCE 20-XX ADOPTING A PROCUREMENT CODE - FIRST READING ORDINANCE 20-01 ADDING CHAPTER 6.05 OF TITLE 6 OF THE AVON MUNICIPAL CODE PERTAINING TO THE SALE OF DOGS AND CATS BORN OR RAISED IN INHUMANE BREEDING FACILITIES - PRESENTATION: ICE SKATING ON NOTTINGHAM LAKE March 10, 2020 - WILDRIDGE FIRE HOUSE BUILDOUT TUTORIAL – 4:00PM - PRESENTATION: RECOMMENDATIONS FROM THE SUSTAINABLE BUILDING CODE TASK FORCE -----Original Message----- From: Laura Howe <lalee1008@gmail.com> Sent: Monday, February 3, 2020 10:34 PM To: Council Everyone Group <council@avon.org> Subject: Alcohol Sales at Salute to the USA To whom it may concern: Please do not take away from EVHS their opportunity to make much needed money from the liquor sales at The Salute to the USA. They serve a very valuable and important service on our valley. The Eagle Valley Humane Society (EVHS) needs your voice in support. It was brought to my attention that the Town Council of Avon had a discussion about taking over the liquor license for Salute to the USA, AKA the Avon Fireworks. EVHS brought back alcohol to this event in 2000, and has run the alcohol sales ever since. This has become our biggest fundraiser with our TIPS volunteers, many who have helped for the past 19 years. This is disheartening to hear especially, because we spent thousands of dollars rescuing and rehoming a sick feral colony of thirty cats in Avon. EVHS helps 1,000 animals in our Eagle County community each year through our programs. EVHS relies on donations and fundraisers to provide services to animals in need. The loss of this fundraiser will be detrimental. Please voice your support for animals by contacting the Avon Town Council: council@avon.org Thank you Laura Howe -----Original Message----- From: Kayla Jenson <mskaylajenson@gmail.com> Sent: Monday, February 3, 2020 8:41 PM To: Council Everyone Group <council@avon.org> Subject: Avon Fireworks Liquor License Hello, I am a longtime local reaching out on behalf of the Eagle Valley Humane Society. It has come to my attention that the Avon Town Council is considering taking over the liquor license for the Avon Fireworks. The liquor license is currently benefiting the Eagle Valley Humane Society and acts as their single largest fundraiser. The EVHS has facilitated the help and care of thousands of animals with this fundraiser, including I’m sure, animals now owned and cherished by members of the Avon Town Council. I would simply ask that the council members reconsider this decision and stand for these selfless, loving, and important animals as well as the employees and volunteers. Thank you for your time and care in this matter, Kayla Jenson -----Original Message----- From: Gareth Insull <Gareth@trimworxllc.com> Sent: Monday, February 3, 2020 9:17 PM To: Council Everyone Group <council@avon.org> Subject: Eagle valley humane society Hi I am writing in protest of tacking away the liquor sales at the Salute American event as it’s the main source of funding to the EVHS. We are as humans are responsible to look after these poor creatures that have no control of their destiny. We bought them into the world and collectively we must take care of them. Regards. Gareth Insull Trim Worx LLC -----Original Message----- From: Jen <jen.rogus@yahoo.com> Sent: Tuesday, February 4, 2020 5:49 AM To: Council Everyone Group <council@avon.org> Subject: EVHD / July celebration Please do not take the Humane society’s big fundraiser away. Protect our animals! Support our nonprofits. Jen Rogus -----Original Message----- From: Michelle Klein <michellehiemstra@hotmail.com> Sent: Monday, February 3, 2020 10:03 PM To: Council Everyone Group <council@avon.org> Subject: Liquor License for 4th of July To whom it may concern; I am writing in protest of the possible removal of the income stream attained from the Fourth of July fireworks- from a much loved and very important community service - the Eagle County Humane Society. Please reconsider this decision. Sincerely, Michelle Klein -----Original Message----- From: Jenna Shaw <jenna.shaw18@gmail.com> Sent: Monday, February 3, 2020 7:20 PM To: Council Everyone Group <council@avon.org> Subject: Salute to USA - Liquor License Good evening, It has been posted on community forums that the town council has considered taking over the liquor license for this event from the humane society. I am a resident of Avon for 7 years, and would like to voice my support in favor of keeping the liquor license with the Eagle Valley Humane Society. They have managed it for almost two decades, and they are reliant on this event for funding. It is important for the community to support the EVHS and I would be disappointed if the council took this funding from them. Thank you for your time. Jenna Shaw -----Original Message----- From: Stephanie Willis <stephanie.willis@vailhealth.org> Sent: Monday, February 3, 2020 7:03 PM To: Council Everyone Group <council@avon.org> Subject: EVHS Please do not take over the liquor license for Avon fireworks and take away from the eagle valley humane society !! They need those tips to help save animals in need . The money they make at that event is put to a good cause and to take that away is just sad . Please help support them by letting them keep the rights to sell the liquor at the fireworks event . -Stephanie Willis This message (and any included attachments) is from Vail Health, Vail Valley Surgery Center or Howard Head Sports Medicine and is intended only for the addressee(s). The information contained herein may include privileged or otherwise confidential information. Unauthorized review, forwarding, printing, copying, distributing, or using such information is strictly prohibited and may be unlawful. If you received this message in error, or have reason to believe you are not authorized to receive it, please promptly delete this message and notify the sender by e-mail. If you have any question regarding this notice or the email that you have received, please respond to postmaster@vailhealth.org. -----Original Message----- From: andrea feldman <kzyrfm@yahoo.com> Sent: Monday, February 3, 2020 7:01 PM To: Council Everyone Group <council@avon.org> Subject: Salute to the USA / Avon Fireworks Via Facebook it has come to my attention that the Town of Avon is trying to take over the liquor license at this event from the Eagle County Humane Society... I find this to be a disheartening and despicable move by the town and council and hope you seriously reconsider this move. This is a major fundraising effort put in to action many many years ago.... it helps and supports this wonderful organization in their efforts to help the beautiful forgotten, abused, and unwanted animals of this Valley. This will be viral in a very short time and will not look well for the greedy hand of the Town of Avon... Andrea Feldman Concerned Citizen And Animal Lover -----Original Message----- From: Hannah Conoley <hconoley95@hotmail.com> Sent: Monday, February 3, 2020 7:05 PM To: Council Everyone Group <council@avon.org> Subject: Salute to the USA liquor license To whom it may regard: I am writing this to please ask that Eagle Valley Humane Society is allowed to retain their use of the liquor license for The annual Salute to the USA event and the proceeds they fundraise. I strongly believe in allowing not for profit organizations to run the food and beverage of these public events in Avon. The Eagle Valley Humane Society has been doing it since the early 2000’s and the money raised is ESSENTIAL to their operation. This email is in the utmost support of EVHS. Please allow a EVHS to continue to hold the liquor license for the future and show the town of Avon’s support for our local life saving organizations. Kindly, Hannah Conoley -----Original Message----- From: dave@pulsejobs.net <dpinvail@aol.com> Sent: Monday, February 3, 2020 6:49 PM To: Council Everyone Group <council@avon.org> Subject: Salute to USA/Liquor License Please let the EVHS keep the liquor license and continue to earn money for the shelter. Do something different, like sell the barn, charge for parking on town streets, have a bake sale, etc...They depend on this money. Feel free to reach out to me. I have a lot of ideas how Avon could be better. I have lived in Eagle County for 20+ years. Thanks... Dave Perron Culinary/Sales Consultant Pulsejobs.net dave@pulsejobs.net -----Original Message----- From: Mike Cline <mcline@proteinpartner.com> Sent: Tuesday, February 4, 2020 9:26 AM To: Council Everyone Group <council@avon.org> Subject: Keep the money for the kitties and the dogs! Hey there – please keep the money going for the cats and dogs. Don’t take their $$ stream. The Eagle Valley Humane Society (EVHS) needs your voice in support. It was brought to my attention that the Town Council of Avon had a discussion about taking over the liquor license for Salute to the USA, AKA the Avon Fireworks. EVHS brought back alcohol to this event in 2000, and has run the alcohol sales ever since. This has become our biggest fundraiser with our TIPS volunteers, many who have helped for the past 19 years. This is disheartening to hear especially, because we spent thousands of dollars rescuing and rehoming a sick feral colony of thirty cats in Avon. EVHS helps 1,000 animals in our Eagle County community each year through our programs. EVHS relies on donations and fundraisers to provide services to animals in need. The loss of this fundraiser will be detrimental. Please voice your support for animals by contacting the Avon Town Council: council@avon.org Char CEO Eagle Valley Humane Society Mike Cline Protein Partner - an Independent Agent for North South Foods mcline@proteinpartner.com -----Original Message----- From: Jillian Ragaller <ragallerjn@gmail.com> Sent: Tuesday, February 4, 2020 9:16 AM To: Council Everyone Group <council@avon.org> Subject: EVHS- Avon Fireworks Please allow EVHS to continue to be the alcohol provider at this event to ensure their non-profit is supported and allows our community to continue to care for the animals they help rescue and re-home. This is an important service in all communities and this event is a main source of their funding. Thank you for you continued support of our Eagle Valley Humane Society. Best, Jill, Nate and Sadie Ragaller -----Original Message----- From: gerryarnold2007 <gerryarnold2007@yahoo.com> Sent: Tuesday, February 4, 2020 9:36 AM To: Council Everyone Group <council@avon.org> Subject: Eagle Valley Humane Society Dear Avon Council Members, I urge you to allow Eagle Valley Humane Society to continue their liquor license sales during the Salute to USA/Avon Fireworks. EVHS depends on fund raisers and contributions to engage in their very valuable community service to our Eagle Valley community. Please do not take away these funds from EVHS. Sincerely, Gerry Arnold -----Original Message----- From: Laura Anzalone <divalaura32@gmail.com> Sent: Tuesday, February 4, 2020 11:38 AM To: Council Everyone Group <council@avon.org> Subject: Re:Liquor at Salute to the USA ( Avon fireworks) I am writing to let you know I vote to keep the eagle valley humane society in charge of the liquor for salute to the USA celebration. This is their biggest fundraiser for the year and we need to keep supporting them in effort to support local animals in this valley! Please consider not having the town of shin take it over. Thank you, Laura Anzalone Laura Anzalone Soul Spa Studio Laura@soulspastudio.com Aesthetician / Make Up Artist/Owner -----Original Message----- From: Sydney Quinn <squinn32603@gmail.com> Sent: Tuesday, February 4, 2020 12:53 PM To: Council Everyone Group <council@avon.org> Subject: EVHS Liqour License for Salute Event To whom it may concern, Please consider not taking over the liqour license for the Avon fireworks from the Eagle Valley Humane Society. EVHS brought back serving alcohol at this event in 2000 and uses the proceeds to keep doing their amazing work. Such as rehoming sick and feral cats. I moved here 3 years ago, I am originally from Delaware. In Delaware we have a HUGE feral cat problem. Hundreds of colonies across the state, too many to even rehome and get off the streets. Taking away funds to a volunteer based organization, that relies on such fundraising events to maintain their progress in the community, would be horrendous and honestly would make the Avon Town Council appear to the public as such. If you are lacking funding ( rumor has it) make up the funding in a variety of different ways. You could not attack local businesses and non profits by trying to take over a fundraising opportunity for yourselves, or raising taxes for specific items. I for one, would be very interested in hearing a plan of action for cracking down on drunk driving, instead of trying to steal a fundraising opportunity from a place that works very hard to benefit the community and the well being of animals. As a regular citizen, who goes out to bars and local public events, the amount of the general population I see consuming multiple drinks and then getting behind the wheel is very concerning. I would also love to see more action taken for drivers who are driving vehicles in the snow not suited for such conditions. Officers need to be stationed at highway on ramps and pulling over EVERY vehicle not equipped with 4 wheel, all wheel or snow tires or chains. Not only would this increase revenue through ticket fee collecting, it could also SAVE LIVES while not taking funds away from a non profit. Parking tickets! In the 3 years here, I have never seen someone given a parking ticket for parking in the middle of a parking lot, not in a spot. Check out the Avon Post office lot or the Avon City market lot for reference! REVENUE Have any of you ever lived in an area with small communities of feral cats in every neighborhood? Would you like to start? I seriously can not believe this is even a discussion being had. It's time to start looking at the relevant, urgent problems in our area, and to start asking the right questions! A successful community works together, we do not attack and steal from one another. Support the people who support you. Or in the end, you will lose all support. P.S- To Amy Phillips, Jennie Fancher, and Jake Wolf, your spots will open up this year! Just a reminder ;) Sydney Anne Quinn Mobile: Work cell: -----Original Message----- From: Jonathan Montalvo <jmontalvo.aponte@gmail.com> Sent: Tuesday, February 4, 2020 12:55 PM To: Council Everyone Group <council@avon.org> Subject: EVHS Good Afternoon, This email is directed as a protest to the movement of taking the liquor license from EVHS. As a proud volunteer for this non-profit, I believe that you are crippling one of the most helpful organizations in this community. DO NOT REMOVE THIS INCOME FROM THEM. We need more societies like this for the thousands of animals that come through their doors. Sincerely, Jon G. Montalvo -----Original Message----- From: Alexandra Kaplan <alexandraz.kaplan@gmail.com> Sent: Wednesday, February 5, 2020 10:11 AM To: Council Everyone Group <council@avon.org> Subject: Liquor license July 4th Good morning- I am writing you in support of the Eagle Valley Humane Society remaining the sole provider of alcohol during Avon’s July 4th celebrations. It is so important to support this group who does so much for the animals in our community and this is their biggest source of money. Please consider keeping the EVHS As the sole provider of alcohol for this event as they desperately need the funds. Thank you, Alexandra Kaplan Local Avon resident -----Original Message----- From: Leslie Robertson <vailles@yahoo.com> Sent: Wednesday, February 5, 2020 4:12 PM To: Council Everyone Group <council@avon.org> Subject: "Salute to the USA" liquor sales Dear Avon Town Council members, I understand there may have been discussion at the last council meeting about taking over th e liquor license for "Salute to the USA". If there was discussion to proceed with this, I do not support it. This is an important fundraiser for the EVHS, and one that has belonged to them for some time. I do hope you will find another source of prospective revenue and let the EVHS continue to do the great work they do for all of us in Eagle County. Thank you, Leslie Robertson -----Original Message----- From: andystratton23 <andystratton23@comcast.net> Sent: Wednesday, February 5, 2020 8:12 PM To: Council Everyone Group <council@avon.org> Subject: Salute to usa Leave the alcohol sales to EVHS! They need this fundraiser! Andrew Stratton -----Original Message----- From: Louise Hanley <coloradoweezy@live.com> Sent: Thursday, February 6, 2020 4:21 PM To: Council Everyone Group <council@avon.org> Subject: EVHS Please do not take over the liquor license for the Salute to the USA, Avon fireworks. The Eagle Valley Humane Society has enough problems raising money, there is no good reason for doing this. If the Town of Avon needs more money, the local government should not take it away from a non profit that has helped ALL of the towns in this valley. Shame on you for even discussing this. Instead, budget your money properly. Louise Hanley -----Original Message----- From: Ashley Calligan <ashmarienemeth@gmail.com> Sent: Friday, February 7, 2020 9:36 AM To: Council Everyone Group <council@avon.org> Subject: Eagle Valley Humane Society Council, Please think about what you are taking away from a wonderful part of our community. The EVHS helps so many animals in the community and by taking away their largest fundraiser you will essentially be closing their doors. Please consider another option. Ashley Calligan Vail Valley Academy of Dance Owner/Artistic Director “Break Up with Nic(otine)” Brought to you by: EC Public Health & Environment ECS Prevention Specialists Local Youth What is this? Behavior Change Campaign 1.“Be Nic Free” -opportunity for youth to pledge online each week to live nicotine free. ●Layered with state and national youth-specific cessation and social justice campaigns selected by our local youth. 1.“Break Up with Nic” -opportunity to properly dispose of vaping devices, cigarettes, chew, other tobacco products at community locations. Where is it taking place? 1.Pledge to be nicotine free each week through any ECS middle or high school (online platform): EVHS, GCMS, EVMS, RCHS, ECCA, VSSA, HPS, BMHS, BCMS 1.Drop off nicotine/tobacco products at any of these community locations (cessation resources will be provided): Gypsum Rec, Eagle Ice Rink, Edwards Fieldhouse, Avon Rec, Minturn Fitness, all Colorado Mountain Medical clinics What’s the objective? Why Now? ●Community outcry for nicotine cessation support for youth ●Tobacco tax funding ●“Break Up with Nic” borrowed (with permission) from Jefferson County -plays on Valentine’s Day to launch and culminates in National “Kick Butts Day” (focused on quitting Juul this year) Will run February 10 -March 18. How is this Creating a Better eagle county for all? maximizes use of tax dollars through partnerships; provides diverse support for vulnerable population; responsive to residents’ needs; protects the natural environment. (970) 748-4087 (o) | (970) 471-0378 (c) ewood@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Liz Wood, Communications Manager RE: 2020 Census Outreach Plan DATE: February 11, 2020 SUMMARY: The Town of Avon is represented on the Eagle River Valley Complete Count Committee (ERVCCC) by Communications & Marketing Manager Liz Wood and Town Clerk Brenda Torres. The ERVCCC is a group of local nonprofit organizations, business leaders, government and quasi-government organizations, education institutions, and concerned residents whose goal is to ensure a compete Census count in 2020. Census materials will be delivered to homes in Eagle County beginning in March 2020. The Key Messaging, Everyone Counts in Eagle County, is being delivered through three simple phrases: It’s Important $2,300 per person is allocated to Eagle County annually to support schools, libraries, road improvements, veterans’ services, senior centers, and more. In total, the State of Colorado receives $13.1 billion in federal funds per year. It’s Easy 10 minutes, 10 questions. For the first time, everyone will be able to respond to the Census online from anywhere, anytime. You can complete the census online, over the phone, or by filling out a paper form. It’s Safe The privacy of responses is guaranteed by law. The form does not ask for any personal identifiers, and all Census Bureau employees swear a lifetime oath to protect respondent information. The U.S. Census Bureau will never share a respondent’s personal information with other government agencies. The ERVCCC was awarded $34,000 by the Department of Local Affairs specifically for the identification of hard-to- count populations in the Eagle River Valley. These funds are being used on an ECO bus wrap, interior bus signage (including TOA buses), print, television, and radio advertisements, translation services, tote bags, water bottles, a PO Box flyer, other printed materials and food and event support. The Town of Avon received an additional $1,500 from Colorado 2020 Census Support Program (CCSP) to conduct outreach to our LatinX population through La Nueva Mix radio station. Avon Town Clerk Brenda Torres and Eagle County Census Partnership Specialist Crystal Perez Mariscal will be interviewed with Axel Contreras on April 1, 2020, which is Census Day. In addition, the Town will run approximately 150 thirty-second Spanish-language ads targeting the LatinX population with messaging about how the Census is easy, safe, and important on La Nueva Mix. Thank you, Liz Wood Important Dates •March 12: Self Response begins •March 16:Update-Leave begins •April 1, 2020:Census Day is observed nationwide. •April 2020: Group Quarters begins… •May 13-July 2020:The Census Bureau begins visiting homes that haven't responded to the 2020 Census to make sure everyone is counted (NRFU) •December 2020:The Census Bureau delivers report. •March 31, 2021:Redistricting info sent to states. Sample Invitation Letter 6 Phone & Internet Paper Mailer In-Person Interview Arabic Chinese English French Haitian Creole Japanese Korean Polish Portuguese Russian Spanish Tagalog Vietnamese English & Spanish Numerous community individuals hired to interview others in their own community and language -Video guidance and print guidance in 60 languages Encouraging Self Response Yields Best Data~ More Accuracy 4 Ways to Respond •2020 Census will ASK: •How many people are living/staying at your home on April 1, 2020 •Whether the home is owned or rented •For each person in your home, you will be asked to report the: •Sex •Age •Race •Ethnicity (including whether of Hispanic, Latino, or Spanish origin •Relationship to other household members •2020 Census will NEVER ask for: •Your social security number •Checking account information •Credit card information •Money/donations •Anything on behalf of a political party Questions Asked Confidentiality •Federal Law –Title 13 of the US Code protects the confidentiality of all information •Employee Oath –Protect confidentiality for life. Penalties if violated can be 5 years in prison and/or $250,000 fine. •Statistical Safeguards –Ensure that statistics released do not identify individuals. •Records are confidential for 72 years by law (Title 44, U.S. Code) 9 William the Lister! •Badge •Laptop or computer •Shoulder bag with the Census logo 11 MQA sites are locations where people naturally gather in their communities. These sites provide the public an opportunity to respond to the Census online or by phone and have questions answered about the 2020 Census. Proactive. Local. Targeted. CENSUS JOBS NOW LIVE! Patricia Ostwald 970.968.2858 •https://2020census.gov/jobs-NOW (Office positions, Field staff, apply NOW for all positions) •http://www.usajobs.gov/–Partnership (one must apply to each position as they are posted within the time allotted) 2020census.gov 2020census.gov/jobs #2020Census #censo2020 Brian J. Meinhart Crystal Perez Mariscal 970.683.8072 970.319.6276 brian.j.meinhart@2020census.gov crystal.perez.Mariscal@2020census.gov (970) 748-4055 swright@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Scott Wright, Asst. Town Manager RE: ERP System Procurement DATE: January 31, 2020 SUMMARY: After several months of software demonstrations and due diligence meetings with representatives from Tyler Technologies ("Tyler") and the Avon leadership team and other department representatives from the Town of Avon, we have selected Tyler as the most qualified vendor and best fit with the Town to license to the Town certain of their Incode software products and provide project management and implementation of the software and ongoing maintenance and support. The contract cost is summarized as follows: One-Time Software Licensing Cost $ 73,411 Implementation Cost, Training, etc. 56,680 Data Conversion 17,910 Project Management 5,000 Estimated Travel 21,900 Total $174,901 Annual Recurring Support and Maintenance Fees $ 26,558 The Capital Projects Fund currently has $225,290 included for ERP system upgrades in the 2020 budget. In addition, the Finance Department budget has a total of $43,863 for computer software maintenance and support in its 2020 budget. BACKGROUND: The Finance Department has been evaluating Enterprise Resource Planning (ERP) systems for several months. In state and local governments, an ERP system can be described as a database software package that integrates data, functions, and departments across an entire organization. ERP systems automate manual tasks, allow users to produce and access information in real-time, and share business practices throughout the enterprise. The Town's current legacy fund accounting and payroll management system is critical to day-to-day operations but is based on outdated technology. The following are the key reasons that the Town's systems need modernization: 1. The current SunGard System, which merged with three other companies in 2019 called Central Square, will discontinue support of the Town's Finance Plus systems at the end of 2021. 2. Other non-integrated applications such as PowerPlan (Budget), and PubWorks (fixed assets) are outdated and cumbersome and are also being phased-out by their vendors. 3. These systems have little or no mobile capabilities. 4. New ERP systems will allow the Town to migrate hosting of the applications to the Cloud. 5. Current legacy software applications used by the Town are non-intuitive and lack clarity and simplicity, rendering them very hard to learn. These systems make the staffing process harder and training more expensive. Clumsy, unoptimized user interfaces, batch processes and inefficient or non-existent workflows significantly slow down operations. Page 2 of 3 6. The underlying technology is obsolete, and tools have reached their end of life. 7. The software no longer solves our problems and lacks flexibility and cannot keep up with growth. 8. New functions cannot be added to the system. 9. Older systems are more vulnerable to enterprise cyber-security breaches. The Tyler Incode 10 ERP system includes the following modules and services:  Financial Management Suite o Core Financials (general ledger, budget, bank recon, A/P) o Purchasing o Fixed Assets o Project Accounting  Personnel Management Suite o Personnel Management w/ Position Control o Applicant Tracking o Kronos Time Clock Interface  Miscellaneous Accounts Receivable  Content/Document Management Suite w/ Laserfiche Interface Sourcewell On December 15, 2015, Tyler Technologies was awarded a Public Sector Administrative-Related Software Solutions & Technologies Services contract, NJPA #110515. Sourcewell (formerly the National Joint Powers Alliance or NJPA) is a public agency serving as a national municipal contracting agency established under Minnesota Legislative Statute with the authority to develop and offer cooperative procurement services to its membership of over 50,000 public agencies nationwide. Eligible membership includes states, cities, counties, all government agencies, colleges, universities and non-profit organizations. Sourcewell facilitates a competitive bidding and contracting process which results in national procurement contracts with various vendors which member agencies desire to procure. Contracts are awarded by the action of the Board of Directors of Sourcewell based on an open and competitive bidding process. Sourcewell shares those contracts with its members nationwide through Joint Exercise of Powers Laws or Cooperative Purchasing Statutes established in Minnesota and other states. Colorado Revised Statute 24- 110-201 authorizes such cooperative purchasing by local public procurement units such as the Town of Avon. The Town has utilized cooperative purchasing services in the past when purchasing large items of fleet equipment such as transit buses. National cooperative procurement contract create value by saving staff time and effort soliciting individual vendor responses to RFP's to meet procurement requirements. In addition, considerable time and effort is saved by vendors who would have had to otherwise respond to those individual RFP's. Because of these time savings, Sourcewell contracts offer members purchasing discounts. In the Town's case, a discount of 10% is being applied to the software licensing cost for utilizing the Sourcewell contract with Tyler Technologies. RECOMMENDATION: Town staff recommends approval by motion of the attached agreement with Tyler. Page 3 of 3 PROPOSED MOTION: "Move to approve Tyler Technologies License and Service Agreement for the licensing of various software products, and the performance of professional and implementation-related services as itemized in Exhibit A Investment Summary in the amount of $174,901." Thank you, Scott ATTACHMENTS: Attachment A - Tyler Technologies License and Services Agreement w/ Town of Avon Attachment B - Sourcewell Contract Forms Incorporated into Final Contract with Tyler Technologies 970-300-4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Councilmembers FROM: Paul Wisor, Town Attorney RE: Tyler Technologies – Contract Provisions DATE: February 6, 2020 SUMMARY: As further described in Scott Wright’s January 31, 2020 memorandum to Council, staff has selected Tyler Technologies (“Tyler”) to provide enterprise resource planning software and support to the Town. Tyler has provided the Town with a License and Service Agreement (the “Agreement”) in connection with its services. I have reviewed and commented on the Agreement and associated exhibits and discussed with Tyler. As with most contract negotiations, Tyler did not agree to every change requ ested by the Town. This memorandum highlights some areas of concern within the Agreement. BACKGROUND: Under the Agreement, the Town has the right to use Tyler’s software, and Tyler agrees to provide on-going support and updates with respect to the Town’s use of the software. REJECTED PROPOSED CHANGES: Several provisions in the Agreement were highlighted by the Town as areas of concern, and the Town proposed new language with respect to these provisions. Despite the Town’s efforts, not all the changes were incorporated, and those areas of concern are listed below. • Limited Warranty – Tyler provides a limited warranty that the software will be without defect so long as the Town maintains a Maintenance and Support Agreement with Tyler , an agreement the Town intends to enter into with Tyler. The limited warranty now provides if the software does not perform as warranted, Tyler will use all reasonable efforts, consistent with industry standards, to cure the defect. The Town was unsuccessful in its effort to have a clause inserted that Tyler would refund certain amounts if the defect could not be cured within thirty days. Instead, any refund s or other remedies can be pursued through a dispute resolution process. The Town has sufficient protection from Tyler so long as the Maintenance and Support Agreement remains in place. • Third Party Warranties – Under the Agreement, the Town acknowledges third party software or hardware may be used in conjunction with the Tyler software and Tyler does not warrant these products. Tyler does, however, pass through to the Town any warranties it receives from third parties. Tyler would not agree to assist the Town in enforcing these third party warranties. • Termination – Typically, the Town reserves the right to terminate any agreement with no more than thirty (30) days’ notice for cause or no cause. In light of significant upfront investment by Tyler, Tyler rejected this approach. The Town may terminate for cause with thirty days’ notice, assuming Tyler does not cure the underlying issue. The Agreement provides the Town may also choose not to appropriate in any year as a method of termination. • Limitation of Liability – Tyler limits its damages to the overall contract fee paid by the Town, and rejected proposed modifications to this provision. This is a fairly standard approach in License and Service Agreements and Software as a Service Agreements. Importantly, and not as standard, the limitation does not apply where Tyler would indemnify the Town. That is, were the Town to be sued as a result of its use of Tyler’s software, Tyler would defend the Town and the limitations on damages would not apply. • Waiver of Jury Trial – As a cost saving measure, the Town typically requires the contracting party waive their right to trial in the event a lawsuit is filed. Tyler did not agree to this approach. However, there is a non-binding dispute resolution process that would potentially avoid the need for a trial. Page 2 of 2 RECOMMENDATION: Although Tyler did not accept every modification proposed by the Town, the Town was able to achieve a certain level of protection above what existed in the original Agreement. So long as the Town maintains a Maintenance and Service Agreement with Tyler, the Town will be protected by Tyler’s warranty that the software will be without defect. The most significant exposure to the Town relates to the limitation of liability clause, which limits Tyler’s liability to the fee paid to Tyler by the Town. However, this limitation is built into Tyler’s pricing, and without it the cost of Tyler’s services would be much higher. The risk associated with the limitation of liability clause is mitigated by the warranty and ongoing maintenance and service from Tyler. As such, I recommend Council approve the Agreement. Thank you, Paul Wisor, Town Attorney 1 LICENSE AND SERVICES AGREEMENT This License and Services Agreement is made between Tyler Technologies, Inc. and Client. WHEREAS, Client selected Tyler to license the software products and perform the services set forth in the Investment Summary and Tyler desires to perform such actions under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows: SECTION A – DEFINITIONS • “Agreement” means this License and Services Agreement. • “Business Travel Policy” means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B. • “Client” means the Town of Avon, Colorado. • “Data” means (a) your own data or information in your own databases or (b) your own data and information uploaded or submitted or transmitted by you in connection with your use of the Tyler Software and the specific file or output generated from the Tyler Software, if any, based upon your own data and information. • “Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation. • Defined Named Users” means the number of named users that are authorized to use the EnerGov labeled modules. The Defined Named Users for the Agreement are as identified in the Investment Summary. • “Developer” means a third party who owns the intellectual property rights to Third Party Software. • “Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • “Effective Date” means the date by which both your and our authorized representatives have signed the Agreement. • “Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. • “Investment Summary” means the agreed upon cost proposal for the software, products, and services attached as Exhibit A. • “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B. 2 • “Maintenance and Support Agreement” means the terms and conditions governing the provision of maintenance and support services to all of our customers. A copy of our current Maintenance and Support Agreement is attached as Exhibit C. • “Statement of Work” means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler Software, and outlining your and our roles and responsibilities in connection with that implementation. The Statement of Work is attached as Exhibit E. • “Support Call Process” means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C. • “Third Party Hardware” means the third party hardware, if any, identified in the Investment Summary. • “Third Party Products” means the Third Party Software and Third Party Hardware. • “Third Party Services” means the third party services, if any, identified in the Investment Summary. • “Third Party Software” means the third party software, if any, identified in the Investment Summary. • “Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the Third Party Software, as applicable. • “Tyler” means Tyler Technologies, Inc., a Delaware corporation. • “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement. • “we”, “us”, “our” and similar terms mean Tyler. • “you” and similar terms mean Client. SECTION B – SOFTWARE LICENSE 1. License Grant and Restrictions. 1.1 We grant to you a license to use the Tyler Software for your internal business purposes only, in the scope of the internal business purposes disclosed to us as of the Effective Date. With respect to the “Energov” labeled modules, such use shall be limited to the number of Defined Named Users, as defined herein. You may make copies of the Tyler Software for backup and testing purposes, so long as such copies are not used in production and the testing is for internal use only. Your rights to use the Tyler Software are perpetual but may be revoked if you do not comply with the terms of this Agreement. To the extent Client purchases MyGovPay/Virtual Pay, additional terms and conditions related to those applications are set forth at Exhibit D. 1.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only. 1.3 You may not: (a) transfer or assign the Tyler Software to a third party; (b) reverse engineer, decompile, or disassemble the Tyler Software; (c) rent, lease, lend, or provide commercial hosting services with the Tyler Software; or (d) publish or otherwise disclose the Tyler Software or Documentation to third parties. 3 1.4 The license terms in this Agreement apply to updates and enhancements we may provide to you or make available to you through your Maintenance and Support Agreement. 1.5 The right to transfer the Tyler Software to a replacement hardware system is included in your license. You will give us advance written notice of any such transfer and will pay us for any required or requested technical assistance from us associated with such transfer. 1.6 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/about- us/compliance, and in the event of any change in our status, will comply with applicable notice requirements. 1.7 We reserve all rights not expressly granted to you in this Agreement. The Tyler Software and Documentation are protected by copyright and other intellectual property laws and treaties. We own the title, copyright, and other intellectual property rights in the Tyler Software and the Documentation. The Tyler Software is licensed, not sold. 1.8 Notwithstanding anything contained herein, we agree you shall retain all rights to Client Data. We disclaim all ownership and other rights as to Client Data, except any limited rights expressly granted by you in writing to allow us to analyze Client Data . 2. License Fees. You agree to pay us the license fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. 3. Escrow. We maintain an escrow agreement with a third party under which we place the source code for each major release of the Tyler Software. You may be added as a beneficiary to the escrow agreement by completing a standard beneficiary enrollment form and paying the applicable annual beneficiary fee. You will be responsible for maintaining your ongoing status as a beneficiary, including payment of the then-current annual beneficiary fees. Release of source code for the Tyler Software is strictly governed by the terms of the escrow agreement. 4. Limited Warranty. We warrant that the Tyler Software will be without Defect(s) as long as you have a Maintenance and Support Agreement in effect. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect as set forth in the Maintenance and Support Agreement. SECTION C – PROFESSIONAL SERVICES 1. Services. We will provide you the various implementation-related services itemized in the Investment Summary and described in the Statement of Work. 2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set 4 forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours. 3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote. 4. Cancellation. We make all reasonable efforts to schedule our personnel for travel, including arranging travel reservations, at least two (2) weeks in advance of commitments. Therefore, if you cancel services less than two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) non-refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you cancel within two (2) weeks of scheduled commitments. 5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re-perform such services at no additional cost to you. 6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us. You further agree to provide a reasonably suitable environment, location, and space for the installation of the Tyler Software and any Third Party Products, including, without limitation, sufficient electrical circuits, cables, and other reasonably necessary items required for the installation and operation of the Tyler Software and any Third Party Products. 7. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation-related services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission). 8. Background Checks. For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies. 5 SECTION D – MAINTENANCE AND SUPPORT This Agreement includes the period of free maintenance and support services identified in the Invoicing and Payment Policy. If you have purchased ongoing maintenance and support services, and continue to make timely payments for them according to our Invoicing and Payment Policy, we will provide you with maintenance and support services for the Tyler Software under the terms of our standard Maintenance and Support Agreement. If you have opted not to purchase ongoing maintenance and support services for the Tyler Software, the Maintenance and Support Agreement does not apply to you. Instead, you will only receive ongoing maintenance and support on the Tyler Software on a time and materials basis. In addition, you will: (i) receive the lowest priority under our Support Call Process; (ii) be required to purchase new releases of the Tyler Software, including fixes, enhancements and patches; (iii) be charged our then-current rates for support services, or such other rates that we may consider necessary to account for your lack of ongoing training on the Tyler Software; (iv) be charged for a minimum of two (2) hours of support services for every support call; and (v) not be granted access to the support website for the Tyler Software or the Tyler Community Forum. SECTION E – THIRD PARTY PRODUCTS To the extent there are any Third Party Products set forth in the Investment Summary, the following terms and conditions will apply: 1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. 2. Third Party Software. Upon payment in full of the Third Party Software license fees, you will receive a non-transferable license to use the Third Party Software and related documentation for your internal business purposes only. Your license rights to the Third Party Software will be governed by the Third Party Terms. 2.1 We will install onsite the Third Party Software. The installation cost is included in the installation fee in the Investment Summary. 2.2 If the Developer charges a fee for future updates, releases, or other enhancements to the Third Party Software, you will be required to pay such additional future fee. 2.3 The right to transfer the Third Party Software to a replacement hardware system is governed by the Developer. You will give us advance written notice of any such transfer and will pay us for any required or requested technical assistance from us associated with such transfer. 3. Third Party Products Warranties. 6 3.1 We are authorized by each Developer to grant or transfer the licenses to the Third Party Software. 3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware. 3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any and all warranties that we may receive from the Developer or supplier of the Third Party Products. 4. Third Party Services. If you have purchased Third Party Services, those services will be provided independent of Tyler by such third-party at the rates set forth in the Investment Summary and in accordance with our Invoicing and Payment Policy. 5. Maintenance. If you have a Maintenance and Support Agreement in effect, you may report defects and other issues related to the Third Party Software directly to us, and we will (a) directly address the defect or issue, to the extent it relates to our interface with the Third Party Software; and/or (b) facilitate resolution with the Developer, unless that Developer requires that you have a separate, direct maintenance agreement in effect with that Developer. In all events, if you do not have a Maintenance and Support Agreement in effect with us, you will be responsible for resolving defects and other issues related to the Third Party Software directly with the Developer. SECTION F – INVOICING AND PAYMENT; INVOICE DISPUTES 1. Invoicing and Payment. We will invoice you for all fees set forth in the Investment Summary per our Invoicing and Payment Policy, subject to Section F(2). 2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within forty-five (45) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within thirty (30) days of notice of our intent to do so. SECTION G – TERMINATION 1. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or 7 services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section F(2). 1.1 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section I(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section I(3). 1.2 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of this Agreement for a period of forty-five (45) days or more. 1.3 Lack of Appropriations. If you should not appropriate or otherwise receive funds sufficient to purchase, lease, operate, or maintain the software or services set forth in this Agreement, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid license and other fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience. SECTION H – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE 1. Intellectual Property Infringement Indemnification. 1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 1.2 Our obligations under this Section H(1) will not apply to the extent the claim or adverse final judgment is based on your: (a) use of a previous version of the Tyler Software and the claim would have been avoided had you installed and used the current version of the Tyler Software, and we provided notice of that requirement to you; (b) combining the Tyler Software with any product or device not provided, contemplated, or approved by us; (c) altering or modifying the Tyler Software, including any modification by third parties at your direction or otherwise permitted by you; (d) use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties; or (e) willful infringement, including use of the Tyler Software after we notify you to discontinue use due to such a claim. 1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement. 1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the 8 right to continue its use; (b) modify it to make it non-infringing; (c) replace it with a functional equivalent; or (d) terminate your license and refund the license fees paid for the infringing Tyler Software, as depreciated on a straight-line basis measured over seven (7) years from the Effective Date. We will pursue those options in the order listed herein. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims. 2. General Indemnification. 2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of PCI DSS requirements or a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement. We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense. 3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) PRIOR TO FORMAL TRANSITION TO MAINTENANCE AND SUPPORT, THE TOTAL ONE-TIME FEES SET FORTH IN THE INVESTMENT SUMMARY; OR (B) AFTER FORMAL TRANSITION TO MAINTENANCE AND SUPPORT, THE THEN- CURRENT ANNUAL MAINTENANCE AND SUPPORT FEE. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS H(1) AND H(2). 5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 9 IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request. SECTION I – GENERAL TERMS AND CONDITIONS 1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date, and thereafter at our then-current list price, by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then-current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum. 2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date. 3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures. 4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement. 5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This 10 discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law. 6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S. Citizenship and Immigration Services Verification Division for all of our employees assigned to your project. Tyler shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. By entering into this Agreement, Tyler certifies as of the date of this Agreement it does not knowingly employ or contract with an illegal alien who will perform work under the public contract for services and that Tyler will participate in the e-verify program or department program in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. 7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld. 8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets. 9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event. 10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party, including any agent, sub- consultant or sub-contractor of Vendor. Absolutely no third-party beneficiaries are intended by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. This provision does not affect the rights of third parties under any Third Party Terms. 11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party. 11 12. Severability. Invalidation of any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. 13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter. 14. Independent Contractor. We are an independent contractor for all purposes under this Agreement. 15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party. 16. Client Lists. You agree that we may identify you by name in client lists. We agree to not identify you in marketing presentations and promotional materials without your prior written authorization. 17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that: (a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents; (b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure; (c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law. 18. Business License. In the event a local business license is required for us to perform services 12 hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license. 19. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its rules on conflicts of law. Venue for any action arising under this Agreement shall be in the appropriate court for Eagle County, Colorado including the United State District Court – District of Colorado. 20. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature. Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement. 21. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement. 22. No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Client, its officials, employees, contractors, or agents, or any other person acting on behalf of the Client and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 23. Article X, Section 20 (TABOR). The parties understand and acknowledge that Avon is subject to Article X, Section 20 of the Colorado Constitution (“TABOR”). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Avon are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Avon s current fiscal period ending upon the next succeeding December 31. Financial obligations of Avon payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. 24. Avon Trademarks. a. Avon's trademarks (“Marks”) are and shall remain the sole and exclusive property of Avon. Tyler shall not hold itself out as having any ownership rights with respect to Avon's Marks or, except as may be specifically granted hereunder, any other rights herein. All goodwill associated with any such rights shall inure directly and exclusively to the benefit of Avon. 25. Contract Documents. This Agreement includes the following exhibits: 13 Exhibit A Investment Summary Exhibit B Invoicing and Payment Policy Schedule 1: Business Travel Policy Exhibit C Maintenance and Support Agreement Schedule 1: Support Call Process Exhibit D MyGovPay/VirtualPay and IVR Exhibit E Statement of Work IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below. Tyler Technologies, Inc. Town of Avon By: By: Name: Name: Title: Title: Date: Date: Address for Notices: Address for Notices: Tyler Technologies, Inc. Town of Avon One Tyler Drive PO Box 975 Yarmouth, ME 04096 Avon, CO 81620-0975 Attention: Chief Legal Officer Attention: Scott Wright, Finance Director Exhibit A 1 Exhibit A Investment Summary The following Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Exhibit A 2 Exhibit A 3 Exhibit B 1 Exhibit B Invoicing and Payment Policy We will provide you with the software and services set forth in the Investment Summary. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. Invoicing: We will invoice you for the applicable license and services fees in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement. 1. Tyler Software. 1.1 License Fees: License fees are invoiced as follows: (a) 25% on the Effective Date; (b) 60% on the date when we make the applicable Tyler Software available to you for downloading (the “Available Download Date”); and (c) 15% on the earlier of use of the Tyler Software in live production or 180 days after the Available Download Date. 1.2 Maintenance and Support Fees: Year 1 maintenance and support fees are waived through the earlier of (a) availability of the Tyler Software for use in a live production environment; or (b) one (1) year from the Effective Date. Year 2 maintenance and support fees, at our then-current rates, are payable on that earlier-of date, and subsequent maintenance and support fees are invoiced annually in advance of each anniversary thereof. Your fees for each subsequent year will be set at our then-current rates. 2. Professional Services. 2.1 Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary. 2.2 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed-fee services, they will be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis. 2.3 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis. Exhibit B 2 2.4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in the Maintenance and Support Agreement. 2.5 Other Fixed Price Services: Except as otherwise provided, other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of project planning. Change Management Services: If you have purchased any change management services, those services will be invoiced in the following amounts and upon the following milestones: Acceptance of Change Management Discovery Analysis 15% Delivery of Change Management Plan and Strategy Presentation 10% Acceptance of Executive Playbook 15% Acceptance of Resistance Management Plan 15% Acceptance of Procedural Change Communications Plan 10% Change Management Coach Training 20% Change Management After-Action Review 15% 3. Third Party Products. 3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we make it available to you for downloading. 3.2 Third Party Software Maintenance: The first-year maintenance fees for the Third Party Software, if any, is invoiced when we make that Third Party Software available to you for downloading. 3.3 Third Party Hardware: Third Party Hardware costs, if any, are invoiced upon delivery. 3.4 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary. 4. Expenses. The service rates in the Investment Summary do not include travel expenses. Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached to this Exhibit B at Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available. Exhibit B 3 Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is: Bank: Wells Fargo Bank, N.A. 420 Montgomery San Francisco, CA 94104 ABA: 121000248 Account: 4124302472 Beneficiary: Tyler Technologies, Inc. – Operating Exhibit B Schedule 1 1 Exhibit B Schedule 1 Business Travel Policy 1. Air Travel A. Reservations & Tickets The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee’s total trip duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee’s total trip duration, the connecting flight should be accepted. Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven (7) days in advance, management approval will be required. Except in the case of international travel where a segment of continuous air travel is six (6) or more consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have many restrictions that outweigh the cost-savings. B. Baggage Fees Reimbursement of personal baggage charges are based on trip duration as follows: • Up to five (5) days = one (1) checked bag • Six (6) or more days = two (2) checked bags Baggage fees for sports equipment are not reimbursable. Exhibit B Schedule 1 2 2. Ground Transportation A. Private Automobile Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations. Employees who have been designated a home office should calculate miles from their home. B. Rental Car Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined. C. Public Transportation Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately. D. Parking & Tolls When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented. 3. Lodging Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. “No shows” or cancellation fees are not reimbursable if the employee does not comply with the hotel’s cancellation policy. Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately. Exhibit B Schedule 1 3 Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed. 4. Meals and Incidental Expenses Employee meals and incidental expenses while on travel status within the continental U.S. are in accordance with the federal per diem rates published by the General Services Administration. Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem. Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided separately by the Department of State and will be determined as required. A. Overnight Travel For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below. Departure Day Depart before 12:00 noon Lunch and dinner Depart after 12:00 noon Return Day Dinner Return before 12:00 noon Breakfast Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner. The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows: Breakfast 15% Lunch 25% Dinner 60% B. Same Day Travel Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.* *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner. Exhibit B Schedule 1 4 5. Internet Access – Hotels and Airports Employees who travel may need to access their e-mail at night. Many hotels provide free high- speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable. 6. International Travel All international flights with the exception of flights between the U.S. and Canada should be reserved through TMC using the “lowest practical coach fare” with the exception of flights that are six (6) or more consecutive hours in length. In such event, the next available seating class above coach shall be reimbursed. When required to travel internationally for business, employees shall be reimbursed for photo fees, application fees, and execution fees when obtaining a new passport book, but fees related to passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure taxes are reimbursable. The cost of vaccinations that are either required for travel to specific countries or suggested by the U.S. Department of Health & Human Services for travel to specific countries, is reimbursable. Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section. Exhibit C 1 Exhibit C Maintenance and Support Agreement We will provide you with the following maintenance and support services for the Tyler Software. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. 1. Term. We provide maintenance and support services on an annual basis. The initial term commences on the Effective Date and remains in effect for one (1) year. The term will renew automatically for additional one (1) year terms unless terminated in writing by either party at least thirty (30) days prior to the end of the then-current term. We will adjust the term to match your first use of the Tyler Software in live production if that event precedes the one (1) year anniversary of the Effective Date. 2. Maintenance and Support Fees. Your year 1 maintenance and support fees for the Tyler Software are listed in the Investment Summary, and your payment obligations are set forth in the Invoicing and Payment Policy. We reserve the right to suspend maintenance and support services if you fail to pay undisputed maintenance and support fees within thirty (30) days of our written notice. We will reinstate maintenance and support services only if you pay all past due maintenance and support fees, including all fees for the periods during which services were suspended. 3. Maintenance and Support Services. As long as you are not using the Help Desk as a substitute for our training services on the Tyler Software, and you timely pay your maintenance and support fees, we will, consistent with our then-current Support Call Process: 3.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (limited to the then-current version and the immediately prior version); provided, however, that if you modify the Tyler Software without our consent, our obligation to provide maintenance and support services on and warrant the Tyler Software will be void; 3.2 provide telephone support during our established support hours; 3.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services; 3.4 provide you with a copy of all major and minor releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and 3.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with our then-current release life cycle policy. Exhibit C 2 4. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support services remotely. Currently, we use a third-party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain a VPN for backup connectivity purposes. 5. Hardware and Other Systems. If you are a self-hosted customer and, in the process of diagnosing a software support issue, it is discovered that one of your peripheral systems or other software is the cause of the issue, we will notify you so that you may contact the support agency for that peripheral system. We cannot support or maintain Third Party Products except as expressly set forth in the Agreement. In order for us to provide the highest level of software support, you bear the following responsibility related to hardware and software: (a) All infrastructure executing Tyler Software shall be managed by you; (b) You will maintain support contracts for all non-Tyler software associated with Tyler Software (including operating systems and database management systems, but excluding Third-Party Software, if any); and (c) You will perform daily database backups and verify that those backups are successful. 6. Other Excluded Services. Maintenance and support fees do not include fees for the following services: (a) initial installation or implementation of the Tyler Software; (b) onsite maintenance and support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (c) application design; (d) other consulting services; (e) maintenance and support of an operating system or hardware, unless you are a hosted customer; (f) support outside our normal business hours as listed in our then-current Support Call Process; or (g) installation, training services, or third party product costs related to a new release. Requested maintenance and support services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks’ advance notice. 7. Current Support Call Process. Our current Support Call Process for the Tyler Software is attached to this Exhibit C at Schedule 1. Exhibit C Schedule 1 1 Exhibit C Schedule 1 Support Call Process Support Channels Tyler Technologies, Inc. provides the following channels of software support: (1) Tyler Community – an on-line resource, Tyler Community provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (2) On-line submission (portal) – for less urgent and functionality-based questions, users may create unlimited support incidents through the customer relationship management portal available at the Tyler Technologies website. (3) Email – for less urgent situations, users may submit unlimited emails directly to the software support group. (4) Telephone – for urgent or complex questions, users receive toll-free, unlimited telephone software support. Support Resources A number of additional resources are available to provide a comprehensive and complete support experience: (1) Tyler Website – www.tylertech.com – for accessing client tools and other information including support contact information. (2) Tyler Community – available through login, Tyler Community provides a venue for clients to support one another and share best practices and resources. (3) Knowledgebase – A fully searchable depository of thousands of documents related to procedures, best practices, release information, and job aides. (4) Program Updates – where development activity is made available for client consumption Support Availability Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday – Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Clients may receive coverage across these time zones. Tyler’s holiday schedule is outlined below. There will be no support coverage on these days. New Year’s Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Labor Day Exhibit C Schedule 1 2 Issue Handling Incident Tracking Every support incident is logged into Tyler’s Customer Relationship Management System and given a unique incident number. This system tracks the history of each incident. The incident tracking number is used to track and reference open issues when clients contact support. Clients may track incidents, using the incident number, through the portal at Tyler’s website or by calling software support directly. Incident Priority Each incident is assigned a priority number, which corresponds to the client’s needs and deadlines. The client is responsible for reasonably setting the priority of the incident per the chart below. This chart is not intended to address every type of support incident, and certain “characteristics” may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the client towards clearly understanding and communicating the importance of the issue and to describe generally expected responses and resolutions. Priority Level Characteristics of Support Incident Resolution Targets 1 Critical Support incident that causes (a) complete application failure or application unavailability; (b) application failure or unavailability in one or more of the client’s remote location; or (c) systemic loss of multiple essential system functions. Tyler shall provide an initial response to Priority Level 1 incidents within one (1) business hour of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents or provide a circumvention procedure within one (1) business day. For non-hosted customers, Tyler’s responsibility for lost or corrupted data is limited to assisting the client in restoring its last available database. 2 High Support incident that causes (a) repeated, consistent failure of essential functionality affecting more than one user or (b) loss or corruption of data. Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents or provide a circumvention procedure within ten (10) business days. For non-hosted customers, Tyler’s responsibility for loss or corrupted data is limited to assisting the client in restoring its last available database. 3 Medium Priority Level 1 incident with an existing circumvention procedure, or a Priority Level 2 incident that affects only one user or for which there is an existing circumvention procedure. Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents without the need for a circumvention procedure with the next published maintenance update or service pack. For non-hosted customers, Tyler’s responsibility for lost or corrupted data is limited to assisting the client in restoring its last available database. Exhibit C Schedule 1 3 Priority Level Characteristics of Support Incident Resolution Targets 4 Non- critical Support incident that causes failure of non-essential functionality or a cosmetic or other issue that does not qualify as any other Priority Level. Tyler shall provide an initial response to Priority Level 4 incidents within two (2) business days. Tyler shall use commercially reasonable efforts to resolve such support incidents, as well as cosmetic issues, with a future version release. Incident Escalation Tyler Technology’s software support consists of four levels of personnel: (1) Level 1: front-line representatives (2) Level 2: more senior in their support role, they assist front-line representatives and take on escalated issues (3) Level 3: assist in incident escalations and specialized client issues (4) Level 4: responsible for the management of support teams for either a single product or a product group If a client feels they are not receiving the service needed, they may contact the appropriate Software Support Manager. After receiving the incident tracking number, the manager will follow up on the open issue and determine the necessary action to meet the client’s needs. On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler encourages clients to communicate the level of urgency or priority of software support issues so that we can respond appropriately. A software support incident can be escalated by any of the following methods: (1) Telephone – for immediate response, call toll-free to either escalate an incident’s priority or to escalate an issue through management channels as described above. (2) Email – clients can send an email to software support in order to escalate the priority of an issue (3) On-line Support Incident Portal – clients can also escalate the priority of an issue by logging into the client incident portal and referencing the appropriate incident tracking number. Remote Support Tool Some support calls require further analysis of the client’s database, process or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Support is able to quickly connect to the client’s desktop and view the site’s setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request. Exhibit D 1 Exhibit D MyGovPay/VirtualPay and IVR 1. MyGovPay/VirtualPay Licensing. Access to MyGovPay and/or Virtual Pay is hereby granted if Customer elects to use MyGovPay or VirtualPay, products of Tyler Technologies (Powered by Persolvent), designed for Citizen Users to use for processing online payments. (a) Special MyGovPay/VirtualPay Definitions. “Merchant Agreement” means the agreement between Customer and Persolvent that provides for the Merchant Fees. “Merchant Fees” means direct costs levied by Visa/Mastercard/Discover or other payment card companies for Interchange Fees, Dues, Assessments and Occurrence Fees, over which Tyler Technologies has no authority. “MyGovPay” means the Product of Tyler Technologies that allows members of the public to pay for Customer’s services with a credit or other payment card on the Customer’s citizen-facing web portal. “Persolvent” means Persolvent, formerly BankCard Services Worldwide, a Payment Card Industry (PCI) compliant processing agent through which the EnerGov Software passes credit card transactions. “Use Fees” means the Technology Fees, Authorization Fees and Program/Convenience Fees as listed in Use Fees Table in Section 2, titled MyGovPay/VirtualPay. “VirtualPay” means the Product of Tyler Technologies that allows the Customer to accept and process citizen user’s credit or other payment card using the EnerGov Software. (b) Conditions of Use. If customer elects to use MyGovPay and/or VirtualPay the following terms apply: (1) Customer must apply for and agree to a Merchant Agreement with Persolvent. (2) Customer agrees that Citizen Users will be subject to Use Fees as listed in Use Fees table in Section 2. (3) Customer agrees that Use Fees are separate from and independent of Merchant Fees. (4) Customer agrees that this Agreement does not represent any modification to Customer’s Merchant Agreement with Persolvent. (5) Customer agrees that Use Fees are for use on the MyGovPay/VirtualPay online system and will not be deposited or owed to Customer in any way. (6) Customer agrees that MyGovPay’s and VirtualPay’s ability to assess Use Fees is dictated by the Card Associations whose rules may change at any time and for any reason. If MyGovPay and/or VirtualPay, for any reason, are unable to process payments using Use Fees, Customer agrees that MyGovPay/VirtualPay reserves the right to negotiate a new pricing model with Customer for the continued use of MyGovPay and/or VirtualPay. 2. MyGovPay/VirtualPay Fees. Customer agrees that the Use Fees set forth on the following page will apply if Customer elects to use MyGovPay/VirtualPay. USE FEES TABLE FOLLOWS ON NEXT PAGE Exhibit D 2 Use Fees EnerGov’s MyGovPay (Online / card-not-present payments)** MyGovPay (Online Payments) MyGovPay (Online Payments) Percentage Based Fee + Transaction Fee Option 1: Government Entity Paid 2.79% $0.20 Option 2: Patron Paid 3.29% N/A **ACH processing is available for a fee of $20 per month and $0.30 per transaction. EnerGov’s VirtualPay (retail card present) VirtualPay (Retail Payments) Virtual Pay (Retail Payments) Percentage Based Fee + Transaction Fee Option 1: Government Entity Paid 2.59% $0.15 Option 2: Patron Paid 2.99% N/A Patron Paid fees will be communicated as "Service Fees" to the cardholder, at the time of transaction. In the event that the average monthly transaction amount is below $30, Contractor reserves the right to apply an additional $0.20 service fee above the quoted rates above. 3. Interactive Voice Response (“IVR”). If IVR is selected by Customer and included in the pricing, the following additional terms and conditions shall apply of this Agreement: (a) Network Security. Customer acknowledges that a third-party is used by Tyler Technologies to process IVR data. Customer’s content will pass through and be stored on the third-party servers and will not be segregated or in a separate physical location from servers on which other customers’ content is or will be transmitted or stored. (b) Content. Customer is responsible for the creation, editorial content, control, and all other aspects of content to be used solely in conjunction with the EnerGov Software. (c) Lawful Purposes. Customer shall not use the IVR system for any unlawful purpose. (d) Critical Application. Customer will not use the IVR system for any life-support application or other critical application where failure or potential failure of the IVR system can cause injury, harm, death, or other grave problems, including, without limitation, loss of aircraft control, hospital life-support system, and delays in getting medicate care or other emergency services. (e) No Harmful Code. Customer represents and warrants that no content designed to delete, disable, deactivate, interfere with or otherwise harm any aspect of the IVR system now or in the future, shall be knowingly transmitted by Customer or Users. (f) IVR WARRANTY. Except as expressly set forth in this Agreement, TYLER TECHNOLOGIES MAKES NO REPRESENTATION AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR IVR. Exhibit E 1 Exhibit E Statement of Work Revised: 1/24/2020 SStatement of Work Tyler Technologies Prepared for: Town of Avon Scott Wright 100 Mikaela Way, Avon, CO 81620-0975 Prepared by: Eric Heaps 5519 53rd Street, Lubbock, TX 79414 Tyler Technologies, Inc. www.tylertech.com ATTACHMENT A 2 / 56 TTable of Contents 1 Executive Summary ............................................................................................................................... 5 1.1 Project Overview ........................................................................................................................... 5 1.2 Product Summary ......................................................................................................................... 5 1.3 Project Timeline ............................................................................................................................ 5 1.4 Project Methodology Overview .................................................................................................... 5 2 Project Governance............................................................................................................................... 6 2.1 Client Governance ......................................................................................................................... 6 2.1.1 Client Project Manager ......................................................................................................... 6 2.1.2 Steering Committee .............................................................................................................. 6 2.1.3 Executive Sponsor(s) ............................................................................................................. 7 2.2 Tyler Governance .......................................................................................................................... 7 2.2.1 Tyler Project Manager ........................................................................................................... 7 2.2.2 Tyler Implementation Management ..................................................................................... 7 2.2.3 Tyler Executive Management ............................................................................................... 7 2.3 Acceptance and Acknowledgment Process .................................................................................. 7 3 Overall Project Assumptions ................................................................................................................. 9 3.1 Project, Resources and Scheduling ............................................................................................... 9 3.2 Data Conversion .......................................................................................................................... 10 3.3 Data Exchanges, Modifications, Forms and Reports .................................................................. 10 3.4 Hardware and Software .............................................................................................................. 10 3.5 Education .................................................................................................................................... 11 4 Implementation Stages ....................................................................................................................... 12 4.1 Work Breakdown Structure (WBS) ............................................................................................. 12 4.2 Initiate & Plan (Stage 1) .............................................................................................................. 14 4.2.1 Tyler Internal Coordination & Planning .............................................................................. 14 4.2.2 System Infrastructure Planning ........................................................................................... 15 4.2.3 Project/Phase Planning ....................................................................................................... 16 4.2.4 Project Schedule ................................................................................................................. 17 4.2.5 Stakeholder Presentation ................................................................................................... 18 ATTACHMENT A 3 / 56 4.2.6 Control Point 1: Initiate & Plan Stage Acceptance .............................................................. 19 4.3 Assess & Define (Stage 2) ............................................................................................................ 20 4.3.1 Fundamentals Review ......................................................................................................... 20 4.3.2 Current/Future State Analysis ............................................................................................. 21 4.3.3 Data Conversion Planning & Mapping ................................................................................ 22 4.3.4 Standard 3rd Party Data Exchange Planning....................................................................... 23 4.3.5 Modification Analysis & Specification, if contracted .......................................................... 24 4.3.6 Forms & Reports Planning .................................................................................................. 25 4.3.7 System Deployment ............................................................................................................ 26 4.3.8 Control Point 2: Assess & Define Stage Acceptance ........................................................... 27 4.4 Build & Validate (Stage 3) ........................................................................................................... 29 4.4.1 Configuration & Power User Training ................................................................................. 29 4.4.2 Data Conversion & Validation ............................................................................................. 30 4.4.3 Standard 3rd Party Data Exchange Validation .................................................................... 31 4.4.4 Modification Delivery & Validation, if contracted .............................................................. 32 4.4.5 Forms & Reports Validation ................................................................................................ 33 4.4.6 Control Point 3: Build & Validate Stage Acceptance ........................................................... 34 4.5 Final Testing & Training (Stage 4) ............................................................................................... 35 4.5.1 Cutover Planning ................................................................................................................. 35 4.5.2 User Acceptance Testing (UAT) ........................................................................................... 36 4.5.3 End User Training ................................................................................................................ 37 4.5.4 Control Point 4: Final Testing & Training Stage Acceptance ............................................... 38 4.6 Production Cutover (Stage 5) ...................................................................................................... 39 4.6.1 Final Data Conversion, if applicable .................................................................................... 39 4.6.2 Production Processing & Assistance ................................................................................... 40 4.6.3 Transition to Tyler Support ................................................................................................. 41 4.6.4 Schedule Post-Production Services, if applicable ............................................................... 42 4.6.5 Control Point 5: Production Cutover Stage Acceptance ..................................................... 43 4.7 Phase/Project Closure (Stage 6) .................................................................................................. 44 4.7.1 Close Phase/Project ............................................................................................................ 44 4.7.2 Control Point 6: Phase/Project Closure Stage Acceptance ................................................. 45 5 Roles and Responsibilities ................................................................................................................... 46 ATTACHMENT A 4 / 56 5.1 Tyler Roles and Responsibilities .................................................................................................. 46 5.1.1 Tyler Executive Management ............................................................................................. 46 5.1.2 Tyler Implementation Management ................................................................................... 46 5.1.3 Tyler Project Manager ......................................................................................................... 46 5.1.4 Tyler Implementation Consultant ....................................................................................... 47 5.1.5 Tyler Sales ........................................................................................................................... 48 5.1.6 Tyler Software Support ....................................................................................................... 48 5.2 Town Roles and Responsibilities ................................................................................................. 48 5.2.1 Town Executive Sponsor ..................................................................................................... 48 5.2.2 Town Steering Committee .................................................................................................. 48 5.2.3 Town Project Manager ........................................................................................................ 49 5.2.4 Town Functional Leads........................................................................................................ 50 5.2.5 Town Power Users .............................................................................................................. 51 5.2.6 Town End Users ................................................................................................................... 51 5.2.7 Town Technical Support ...................................................................................................... 51 5.2.8 Town Upgrade Coordinator ................................................................................................ 52 5.2.9 Town Project Toolset Coordinator ...................................................................................... 52 5.2.10 Town Change Management Lead ....................................................................................... 52 6 Incode Conversion Summary .............................................................................................................. 53 6.1 General Ledger – Chart of Accounts ........................................................................................... 53 6.2 General Ledger – Legacy/Historical Views .................................................................................. 53 6.3 Accounts Payable – Vendor Master ............................................................................................ 53 6.4 Accounts Payable – Legacy/Historical Views .............................................................................. 53 6.5 Personnel Management/Payroll - Standard ............................................................................... 53 6.6 Personnel Management/Payroll – Legacy/Historical Views ....................................................... 53 7 Glossary ............................................................................................................................................... 54 ATTACHMENT A 5 / 56 11 Executive Summary 1.1 Project Overview The Statement of Work (SOW) documents the Project Scope, methodology, roles and responsibilities, implementation Stages, and deliverables for the implementation of Tyler products. The Project goals are to offer Town of Avon the opportunity to make the Town more accessible and responsive to external and internal customer needs and more efficient in its operations through: x Streamlining, automating, and integrating business processes and practices x Providing tools to produce and access information in a real-time environment x Enabling and empowering users to become more efficient, productive and responsive x Successfully overcoming current challenges and meeting future goals 1.2 Product Summary Below, is a summary of the products included in this Project, as well as reference to the Town’s functional area utilizing the Tyler product(s). Refer to the Implementation Stages section of this SOW for information containing detailed service components. [PRODUCT] [APPLICATION] Incode Financials Incode Personnel Management Tyler Content Manager Document Management 1.3 Project Timeline The Project Timeline establishes a start and end date for each Phase of the Project. Developed during the Initiate & Plan Stage and revised as mutually agreed to, if needed, the timeline accounts for resource availability, business goals, size and complexity of the Project, and task duration requirements. 1.4 Project Methodology Overview Tyler bases its implementation methodology on the Project Management Institute’s (PMI) Process Groups (Initiating, Planning, Executing, Monitoring & Controlling, and Closing). Using this model, Tyler developed a 6-stage process specifically designed to focus on critical project success measurement factors. Tailored specifically for Tyler’s public sector clients, the project methodology contains Stage Acceptance Control Points throughout each Phase to ensure adherence to Scope, budget, timeline controls, effective communications, and quality standards. Clearly defined, the project methodology repeats consistently across Phases, and is scaled to meet the Town’s complexity, and organizational needs. ATTACHMENT A 6 / 56 22 Project Governance The purpose of this section is to define the resources required to adequately establish the business needs, objectives, and priorities for the Project; communicate the goals to other project participants; and provide support and guidance to accomplish these goals. Project governance also defines the structure for issue escalation and resolution, Change Control review and authority, and organizational Change Management activities. The preliminary governance structure establishes a clear escalation path when issues and risks require escalation above the project manager level. Further refinement of the governance structure, related processes, and specific roles and responsibilities occurs during the Initiate & Plan Stage. The path below illustrates an overall team perspective where Tyler and the Town collaborate to resolve project challenges according to defined escalation paths. In the event project managers do not possess authority to determine a solution, resolve an issue, or mitigate a risk, Tyler implementation management and the Town steering committee become the escalation points to triage responses prior to escalation to the Town and Tyler executive sponsors. As part of the escalation process, each project governance tier presents recommendations and supporting information to facilitate knowledge transfer and issue resolution. The Town and Tyler executive sponsors serve as the final escalation point. 2.1 Client Governance Depending on the Town’s organizational structure and size, the following governance roles may be filled by one or more people: 2.1.1 Client Project Manager The Town’s project manager(s) coordinate project team members, subject matter experts, and the overall implementation schedule and serves as the primary point of contact with Tyler. The Town project manager(s) will be responsible for reporting to the Town steering committee and determining appropriate escalation points. 2.1.2 Steering Committee The Town steering committee understands and supports the cultural change necessary for the Project and fosters an appreciation of the Project’s value throughout the organization. Oversees the Town project manager(s) and the Project and through participation in regular internal meetings, the Town steering committee remains updated on all project progress, project decisions, and achievement of project milestones. The Town steering committee also provides support to the Town project manager(s) by communicating the importance of the Project to all impacted departments. The Town steering committee is responsible for ensuring the Project has appropriate resources, provides strategic direction to the project team, for making timely decisions on critical project issues or policy decisions. The Town steering committee also serves as primary level of issue resolution for the Project. ATTACHMENT A 7 / 56 22.1.3 Executive Sponsor(s) The Town’s executive sponsor provides support to the Project by allocating resources, providing strategic direction, and communicating key issues about the Project and the Project’s overall importance to the organization. When called upon, the executive sponsor also acts as the final authority on all escalated project issues. The executive sponsor engages in the Project, as needed, in order to provide necessary support, oversight, guidance, and escalation, but does not participate in day-to-day project activities. The executive sponsor empowers the Town steering committee, project manager(s), and functional leads to make critical business decisions for the Town. 2.2 Tyler Governance 2.2.1 Tyler Project Manager The Tyler project manager(s) have direct involvement with the Project and coordinates Tyler project team members, subject matter experts, the overall implementation schedule, and serves as the primary point of contact with the Town. As requested by the Town, the Tyler project manager(s) provide regular updates to the Town’s steering committee and other Tyler governance members. 2.2.2 Tyler Implementation Management Tyler implementation management has indirect involvement with the Project and is part of the Tyler escalation process. Tyler project manager(s) consult implementation management on issues and outstanding decisions critical to the Project. Implementation management works toward a solution with the Tyler project manager(s) or with the Town management, as appropriate. Tyler executive management is the escalation point for any issues not resolved at this level. The name(s) and contact information for this resource will be provided and available to the project team. 2.2.3 Tyler Executive Management Tyler executive management has indirect involvement with the Project and is part of the Tyler escalation process. This team member offers additional support to the project team and collaborates with other Tyler department managers, as needed, in order to escalate and facilitate implementation project tasks and decisions. The name(s) and contact information for this resource will be provided and available to the project team. 2.3 Acceptance and Acknowledgment Process All Deliverables and Control Points must be accepted or acknowledged following the process below. Acceptance requires a formal sign-off while acknowledgement may be provided without formal sign-off at the time of delivery. The following process will be used for accepting or acknowledging Deliverables and Control Points: ATTACHMENT A 8 / 56 x The Town shall have five (5) business days from the date of delivery, or as otherwise mutually agreed upon by the parties in writing, to accept or acknowledge each Deliverable or Control Point. If the Town does not provide acceptance or acknowledgement within five (5) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted. x If the Town does not agree the particular Deliverable or Control Point meets requirements, the Town shall notify Tyler project manager(s), in writing, with reasoning within five (5) business days, or the otherwise agreed-upon timeframe, not to be unreasonably withheld, of receipt of the Deliverable. x Tyler shall address any deficiencies and redeliver the Deliverable or Control Point. The Town shall then have two (2) business days from receipt of the redelivered Deliverable or Control Point to accept or again submit written notification of reasons for rejecting the milestone. If the Town does not provide acceptance or acknowledgement within two (2) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted. ATTACHMENT A 9 / 56 33 Overall Project Assumptions 3.1 Project, Resources and Scheduling x Project activities will begin after the Agreement has been fully executed. x The Town has the ability to allocate additional internal resources if needed. The Town also ensures the alignment of their budget and Scope expectations. x The Town and Tyler ensure that the assigned resources are available, they buy-into the change process, and they possess the required business knowledge to complete their assigned tasks successfully. Should there be a change in resources, the replacement resource should have a comparable level of availability, buy-in, and knowledge. x Tyler and Town provide adequate resources to support the efforts to complete the Project as scheduled and within the constraints of the Project budget. x Abbreviated timelines and overlapped Phases can result in Project delays if there are not sufficient resources assigned to complete all required work as scheduled. x Changes to Project Plan, availability of resources or changes in Scope may result in schedule delays, which may result in additional charges to the Project. x Tyler provides a written agenda and notice of any prerequisites to the Town project manager(s) ten (10) business days prior to any scheduled on site or remote sessions. x Tyler provides notice of any prerequisites to the Town project manager(s) a minimum of ten (10) business days prior to any key deliverable due dates. x Town users complete prerequisites prior to applicable scheduled activities. x Tyler provides guidance for configuration and processing options available within the Tyler software. The Town is responsible for making decisions based on the options available. x In the event the Town may elect to add and/or modify current business policies during the course of this Project, such policy changes are solely the Town’s responsibility to define, document, and implement. x The Town makes timely Project related decisions in order to achieve scheduled due dates on tasks and prepare for subsequent training sessions. Decisions left unmade may affect the schedule, as each analysis and implementation session builds on the decisions made in prior sessions. x Tyler considers additional services out of Scope and requires additional time and costs be requested via Change Request approved through the Change Control process. ATTACHMENT A 10 / 56 x The Town will respond to information requests in a comprehensive and timely manner, in accordance with the Project Plan. 33.2 Data Conversion x The Town is readily able to produce the data files needed for conversion from the Legacy System in order to provide them to Tyler on the specified due date(s). x Each Legacy System data file submitted for conversion includes all associated records in a single approved file layout. x The Town understands the Legacy System data extract(s) must be provided to Tyler in the same format each time unless changes are mutually agreed upon in advance. If not, negative impacts to the schedule, budget, and resource availability may occur and/or data in the new system may be incorrect. x During this process, the Town may need to correct data scenarios in the Legacy System prior to the final data pull. This is a complex activity and requires due diligence by the Town to ensure all data pulled includes all required data and the Tyler system contains properly mapped data. 3.3 Data Exchanges, Modifications, Forms and Reports x The Town ensures the 3rd party data received conforms to a Tyler standard format. x The 3rd party possesses the knowledge of how to program their portion of the interaction and understands how to manipulate the data received. x Client is on a supported, compatible version of the 3 rd party software or Tyler standard Data Exchange tools may not be available. x The Town is willing to make reasonable business process changes rather than expecting the product to conform to every aspect of their current system/process. x Any Modification requests not expressly stated in the contract are out of Scope. Modifications requested after contract signing have the potential to change cost, Scope, schedule, and production dates for project Phases. Modification requests not in Scope must follow the Project Change Request process. 3.4 Hardware and Software x Tyler will initially Install the most current generally available version of the purchased Tyler software. x The Town will provide network access for Tyler modules, printers, and Internet access to all applicable Town and Tyler project staff. ATTACHMENT A 11 / 56 x The Town has in place all hardware, software, and technical infrastructure necessary to support the Project. x The Town’s system hardware and software meet Tyler standards to ensure sufficient speed and operability of Tyler software. Tyler will not support use of software if the Town does not meet minimum standards of Tyler’s published specifications. 33.5 Education x Throughout the Project lifecycle, the Town provides a training room for Tyler staff to transfer knowledge to the Town’s resources, for both onsite and remote sessions. The Town will provide staff with a location to practice what they have learned without distraction. If Phases overlap, the Town will provide multiple training facilities to allow for independent sessions scheduling without conflict. x The training room is set up in a classroom setting. The Town determines the number of workstations in the room. Tyler recommends every person attending a scheduled session with a Tyler Consultant or Trainer have their own workstation. However, Tyler requires there be no more than two (2) people at a given workstation. x The Town provides a workstation which connects to the Tyler system for the Tyler trainer conducting the session. The computer connects to a Town provided projector, allowing all attendees the ability to actively engage in the training session. x The Town testing database contains the Tyler software version required for delivery of the Modification prior to the scheduled delivery date for testing. x The Town is responsible for verifying the performance of the Modification as defined by the specification. x Users performing user acceptance testing (UAT) have attended all applicable training sessions prior to performing UAT. ATTACHMENT A 12 / 56 44 Implementation Stages 4.1 Work Breakdown Structure (WBS) The Work Breakdown Structure (WBS) is a hierarchical representation of a Project or Phase broken down into smaller, more manageable components. The top-level components are called “Stages” and the second level components are called “work packages.” The work packages, shown below each Stage, contain the high-level work to be done. The detailed Project Plan, developed during Initiate & Plan and finalized during Assess & Define, will list the tasks to be completed within each work package. Each Stage ends with a “Control Point”, confirming the work performed during that Stage of the Project. ATTACHMENT A 13 / 56 ATTACHMENT A 14 / 56 44.2 Initiate & Plan (Stage 1) The Initiate & Plan Stage creates a foundation for the Project through identification of Town and Tyler Project Management teams, development of implementation management plans, and the provision and discussion of system infrastructure requirements. Town participation in gathering information is critical. Tyler Project Management teams present initial plans to stakeholder teams at Stage end. 4.2.1 Tyler Internal Coordination & Planning Prior to Project commencement, Tyler management staff assigns project manager(s). Tyler provides the Town with initial Project documents used in gathering basic information, which aids in preliminary planning and scheduling. Town participation in gathering requested information by provided deadlines ensures the Project moves forward in a timely fashion. Internally, the Tyler project manager(s) coordinate with sales to ensure transfer of vital information from the sales process prior to scheduling a Project Planning Meeting with the Town’s team. During this step, Tyler will work with the Town to establish the date(s) for the Project/Phase Planning session. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 1 Tyler Internal Coordination & Planning TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Assign Tyler project manager A R I I I Provide initial Project documents to Client A I R C I Sales to Implementation knowledge transfer A I R C Internal planning and phase coordination A R C ATTACHMENT A 15 / 56 44.2.2 System Infrastructure Planning The Town provides, purchases or acquires hardware according to hardware specifications provided by Tyler and ensures it is available at the Town’s site. The Town completes the system infrastructure audit, ensuring vital system infrastructure information is available to the Tyler implementation team, and verifies all hardware compatibility with Tyler solutions. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 1 System Infrastructure Planning TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Provide system hardware specifications I R A I C Make hardware available for Installation I C A R Install system hardware, if applicable I C A R Complete system infrastructure audit I C A R ATTACHMENT A 16 / 56 44.2.3 Project/Phase Planning Project and Phase planning provides an opportunity to review the contract, software, data conversions and services purchased, identify Applications to implement in each Phase (if applicable), and discuss implementation timeframes. The Tyler project manager(s) deliver an Implementation Management Plan, which is mutually agreeable by Town and Tyler. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 1 Project/Phase Planning TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Perform Project/Phase Planning A R I C C I Deliver implementation management plan A R C C I ATTACHMENT A 17 / 56 44.2.4 Project Schedule Client and Tyler will mutually develop an initial Project Schedule. The initial schedule includes, at minimum, enough detail to begin Project activities while the detailed Project Plan/schedule is being developed and refined. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 1 Project Schedule TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Develop initial Project Schedule A R I C I I Deliver Project Plan and schedule for Project Phase A R I I I C C I I I Client reviews Project Plan & initial schedule C I A R C C C Client approves Project Plan & initial schedule I I A R C C I I I I I ATTACHMENT A 18 / 56 44.2.5 Stakeholder Presentation Town stakeholders join Tyler project manager(s) to communicate successful Project criteria, Project goals, Deliverables, a high-level milestone schedule, and roles and responsibilities of Project participants. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 1 Stakeholder Presentation TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Present overview of Project Deliverables, Project Schedule and roles and responsibilities A R I I I I C I I I I I I I Communicate successful Project criteria and goals I R C A C I I C I I ATTACHMENT A 19 / 56 44.2.6 Control Point 1: Initiate & Plan Stage Acceptance Acceptance criteria for this Stage includes completion of all criteria listed below. Advancement to the Assess & Define Stage is dependent upon Tyler’s receipt of the Stage Acceptance. 4.2.6.1 Initiate & Plan Stage Deliverables x Implementation Management Plan o Objective: Update and deliver baseline management plans to reflect the approach to the Town’s Project. o Scope: The Implementation Management addresses how communication, quality control, risks/issues, resources and schedules, and Software Upgrades (if applicable) will be managed throughout the lifecycle of the Project. o Acceptance criteria: Town reviews and acknowledges receipt of Implementation Management Plan. x Project Plan/Schedule o Objective: Provide a comprehensive list of tasks, timelines and assignments related to the Deliverables of the Project. o Scope: Task list, assignments and due dates o Acceptance criteria: Town acceptance of schedule based on Town resource availability and Project budget and goals. 4.2.6.2 Initiate & Plan Stage Acceptance Criteria x Hardware Installed x System infrastructure audit complete and verified x Implementation Management Plan delivered x Project Plan/Schedule delivered; dates confirmed x Stakeholder Presentation complete ATTACHMENT A 20 / 56 44.3 Assess & Define (Stage 2) The primary objective of Assess & Define is to gather information about current Town business processes and translate the material into future business processes using Tyler Applications. Tyler uses a variety of methods for obtaining the information, all requiring Town collaboration. The Town shall provide complete and accurate information to Tyler staff for analysis and understanding of current workflows and business processes. 4.3.1 Fundamentals Review Fundamentals Review provides functional leads and Power Users an overall understanding of software capabilities prior to beginning current and future state analysis. The primary goal is to provide a basic understanding of system functionality, which provides a foundation for upcoming conversations regarding future state processing. Tyler utilizes a variety of methods for completing fundamentals training including the use of eLearning, videos, documentation, and walkthroughs. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 2 Assess & Define TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Schedule fundamentals review & provide fundamentals materials & prerequisites, if applicable A R I C I I I Complete fundamentals materials review and prerequisites I A R I C Ensure all scheduled attendees are present I I A R C I Facilitate fundamentals review A R I I I ATTACHMENT A 21 / 56 44.3.2 Current/Future State Analysis Town and Tyler evaluate current state processes, options within the new software, pros and cons of each option based on current or desired state, and make decisions about future state configuration and processing. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 2 Current/Future State Analysis TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Provide Current/Future State analysis materials to the Town, as applicable A R I C I I Conduct Current & Future State analysis A R I C I C Provide pros and cons of Tyler software options A R I C I C Make Future State Decisions according to due date in the Project Plan I I C A R I C I Record Future State decisions A R I C I C ATTACHMENT A 22 / 56 44.3.3 Data Conversion Planning & Mapping This entails the activities performed to prepare to convert data from the Town’s Legacy System Applications to the Tyler system. Tyler staff and the Town work together to complete Data Mapping for each piece of data (as outlined in the Agreement) from the Legacy System to a location in the Tyler system. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 2 Data Conversion Planning & Mapping TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Review contracted data conversion(s) options A R I C C C C Map data from Legacy System to Tyler system I C I A C C R Pull conversion data extract I I A C C R Run balancing Reports for data pulled and provide to Tyler I I A C R I Review and approve initial data extract A I C R I I Correct issues with data extract, if needed I C C A C C R ATTACHMENT A 23 / 56 44.3.4 Standard 3rd Party Data Exchange Planning Standard Data Exchange tools are available to allow clients to get data in and out of the Tyler system with external systems. Data exchange tools can take the form of Imports and Exports, and Interfaces. A Standard Interface is a real-time or automated exchange of data between two systems. This could be done programmatically or through an API. It is Tyler’s responsibility to ensure the Tyler programs operate correctly. It is the Town’s responsibility to ensure the third party program operates or accesses the data correctly. The Town and Tyler Project Manager(s) will work together to define/confirm which Data Exchanges are needed (if not outlined in the Agreement). Tyler will provide a file layout for each Standard Data Exchange. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 2 Standard 3 rd Party Data Exchange Planning TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Review Standard or contracted Data Exchanges A R C I I C Define or confirm needed Data Exchanges I C A C C R ATTACHMENT A 24 / 56 44.3.5 Modification Analysis & Specification, if contracted Tyler staff conducts additional analysis and develops specifications based on information discovered during this Stage. The Town reviews the specifications and confirms they meet Town’s needs prior to acceptance. Out of Scope items or changes to specifications after acceptance may require a Change Request. Tyler’s intention is to minimize Modifications by using Standard functionality within the Application, which may require a Town business process change. It is the responsibility of the Town to detail all of their needs during the Assess and Define Stage. Tyler will write up specifications (for Town approval) for contracted program Modifications. Upon approval, Tyler will make the agreed upon Modifications to the respective program(s). Once the Modifications have been delivered, the Town will test and approve those changes during the Build and Validate Stage. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 2 Modification Analysis & Specification, if contracted TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Analyze contracted modified program requirements A C R C C I C C Develop specification document(s) A I C R I I I I Review specification document(s); provide changes to Tyler, if applicable I C C A R I C C Sign-off on specification document(s) and authorize work I I A R C I I C ATTACHMENT A 25 / 56 44.3.6 Forms & Reports Planning Town and Tyler project manager(s) review Forms and Report needs. Items that may be included in the Agreement are either Standard Forms and Reports or known/included Modification(s). Items not included in the Agreement could be either Town-developed Reports or a newly discovered Modification that will require a Change Request. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 2 Forms & Reports Planning TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Review required Forms output A R C I C I Review and complete Forms options and submit to Tyler I I A R C Review in Scope Reports A R I C C Identify additional Report needs I C A R C Add applicable tasks to Project schedule A R I C C I I I ATTACHMENT A 26 / 56 44.3.7 System Deployment The Tyler Technical Services team Installs Tyler Applications on the server (hosted or client-based) and ensures the platform operates as expected. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 2 System Deployment TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Install contracted software on server A I R I C Ensure platform operates as expected A I R I C ATTACHMENT A 27 / 56 44.3.8 Control Point 2: Assess & Define Stage Acceptance Acceptance criteria for this Stage includes completion of all criteria listed below. Advancement to the Build & Validate Stage is dependent upon Tyler’s receipt of the Stage Acceptance. 4.3.8.1 Assess & Define Stage Deliverables x Completed analysis Questionnaire o Objective: Gather and document information related to Town business processes for current/future state analysis as it relates to Tyler approach/solution. o Scope: Provide comprehensive answers to all questions on Questionnaire(s). o Acceptance criteria: Town acceptance of completed Questionnaire based on thoroughness of capturing all Town business practices to be achieved through Tyler solution. x Data conversion summary and specification documents o Objective: Define data conversion approach and strategy. o Scope: Data conversion approach defined, data extract strategy, conversion and reconciliation strategy. o Acceptance criteria: Data conversion document(s) delivered to the Town, reflecting complete and accurate conversion decisions. x Modification specification documents, if contracted o Objective: Provide comprehensive outline of identified gaps, and how the modified program meets the Town’s needs. o Scope: Design solution for Modification. o Acceptance criteria: Town accepts Modified Specification Document(s) and agrees that the proposed solution meets their requirements. x Completed Forms options and/or packages o Objective: Provide specifications for each Town in Scope form, Report and output requirements. o Scope: Complete Forms package(s) included in agreement and identify Report needs. o Acceptance criteria: Identify Forms choices and receive supporting documentation. x Installation checklist o Objective: Installation of purchased Tyler software. o Scope: Tyler will conduct an initial coordination call, perform an installation of the software included in the Agreement, conduct follow up to ensure all tasks are complete, and complete server system administration training, unless the Town is hosted. o Acceptance criteria: Tyler software is successfully installed and available to authorized users, Town team members are trained on applicable system administration tasks. 4.3.8.2 Assess & Define Stage Acceptance Criteria x Tyler software is installed. x Fundamentals review is complete. ATTACHMENT A 28 / 56 x Required Form information complete and provided to Tyler. x Current/Future state analysis completed; Questionnaires delivered and reviewed. x Data conversion mapping and extractions completed and provided to Tyler. ATTACHMENT A 29 / 56 44.4 Build & Validate (Stage 3) The objective of the Build & Validate Stage is to prepare the software for use in accordance with the Town’s needs identified during the Assess and Define Stage, preparing the Town for Final Testing and Training. 4.4.1 Configuration & Power User Training Tyler staff collaborates with the Town to complete software configuration based on the outputs of the future state analysis performed during the Assess and Define Stage. Tyler staff will train the Town Power Users to prepare them for the Validation of the software. The Town collaborates with Tyler staff iteratively to Validate software configuration. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed x STAGE 3 Build & Validate TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Perform configuration A R I R I Power User process and Validation training A R I C I C I Validate configuration I C A C R C ATTACHMENT A 30 / 56 44.4.2 Data Conversion & Validation Tyler completes an initial review of the converted data for errors. With assistance from the Town, the Tyler Data Conversion Team addresses items within the conversion program to provide the most efficient data conversion possible. With guidance from Tyler, the Town reviews specific data elements within the system and identifies and Reports discrepancies in writing. Iteratively, Tyler collaborates with the Town to address conversion discrepancies prior to acceptance. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed x STAGE 3 Data Conversion & Validation TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Write and run data conversion program against Client data A I C R C Complete initial review of data errors A I C R I I C Review data conversion and submit needed corrections I C I A C R C Revise conversion program(s) to correct error(s) A I C R I I C C ATTACHMENT A 31 / 56 44.4.3 Standard 3rd Party Data Exchange Validation Tyler provides training on Data Exchange(s) and the Town tests each Data Exchange. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 3 Standard 3 rd Party Data Exchange Validation TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Train Data Exchange(s) processing in Tyler software A R C I I I C I Coordinate 3rd Party Data Exchange activities I I A C C R Test all Standard 3rd party Data Exchange(s) I C A C I R C ATTACHMENT A 32 / 56 44.4.4 Modification Delivery & Validation, if contracted Tyler delivers in Scope Modification(s) to the Town for preliminary testing. Final acceptance will occur during the Final Testing and Training Stage. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 3 Modification Delivery & Validation, if contracted TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Develop and deliver contracted modified program(s) A I C I R I C I C I C Test contracted modified program(s) in isolated database I C C A C R C Report discrepancies between specification and delivered contracted modified program(s) I I I A R C C Make corrections to contracted modified program(s) as required A I C I R I C C I ATTACHMENT A 33 / 56 44.4.5 Forms & Reports Validation Tyler provides training on Standard Forms/Reports and the Town tests each Standard Form/Report. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 3 Forms & Reports Validation TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Standard Forms & Report training A R I C C I Test Standard Forms & Reports I C C A C R C ATTACHMENT A 34 / 56 44.4.6 Control Point 3: Build & Validate Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the Final Testing & Training Stage is dependent upon Tyler’s receipt of the Stage Acceptance. 4.4.6.1 Build & Validate Stage Deliverables x Initial data conversion o Objective: Convert Legacy System data into Tyler system. o Scope: Data conversion program complete; deliver converted data for review. o Acceptance criteria: Initial error log available for review. x Data conversion verification document o Objective: Provide instructions to the Town to verify converted data for accuracy. o Scope: Provide self-guided instructions to verify specific data components in Tyler system. o Acceptance criteria: Town accepts data conversion delivery; Town completes data issues log. x Installation of Modifications on the Town’s server(s) *except for hosted Clients o Objective: Deliver Modification(s) in Tyler software. o Scope: Program for Modification is complete and available in Tyler software, Modification testing. o Acceptance criteria: Delivery of Modification(s) results in objectives described in the Town-signed specification. x Standard Forms & Reports Delivered o Objective: Provide Standard Forms & Reports for review. o Scope: Installation of all Standard Forms & Reports included in the Agreement. o Acceptance criteria: Standard Forms & Reports available in Tyler software for testing in Stage 4. 4.4.6.2 Build & Validate Stage Acceptance Criteria x Application configuration completed. x Standard Forms & Reports delivered and available for testing in Stage 4. x Data conversions (except final pass) delivered. x Standard 3rd party Data Exchange training provided. x Modifications delivered and available for testing in Stage 4. x The Town and Tyler have done a review of primary configuration areas to Validate completeness and readiness for testing and acceptance in Stage 4. ATTACHMENT A 35 / 56 44.5 Final Testing & Training (Stage 4) During Final Testing and Training, Tyler and the Town review the final Cutover plan. A critical Project success factor is the Town understanding the importance of Final Testing and Training and dedicating the resources required for testing and training efforts in order to ensure a successful Production Cutover. 4.5.1 Cutover Planning Town and Tyler project manager(s) discuss final preparations and critical dates for Production Cutover. Tyler delivers a Production Cutover Checklist to outline Cutover tasks to help prepare the Town for success. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 4 Cutover Planning TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Cutover Planning Session A R C I C C C C C C Develop Production Cutover Checklist A R C I I C C I I C ATTACHMENT A 36 / 56 44.5.2 User Acceptance Testing (UAT) The Town performs User Acceptance Testing to verify software readiness for day-to-day business processing. Tyler provides a Test Plan for users to follow to ensure proper Validation of the system. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 4 User Acceptance Testing (UAT) TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Deliver Test Plan for User Acceptance Testing A R C I I Perform User Acceptance Testing I C A R C C C I I C I Accept modified program(s), if applicable I I I A R C I C C Validate Report performance I C C A C R C ATTACHMENT A 37 / 56 44.5.3 End User Training End Users attend training sessions to learn how to utilize Tyler software. Training focuses primarily on day-to-day Town processes that will be delivered via group training, webinar, eLearnings and/or live training sessions. Unless stated otherwise in the Agreement, Tyler provides one occurrence of each scheduled training or implementation topic with up to the maximum number of users as defined in the Agreement, or as otherwise mutually agreed. Town users who attended the Tyler sessions may train any Town users not able to attend the Tyler sessions or additional sessions may be contracted at the applicable rates for training. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 4 End User Training TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Conduct user training sessions A R C I I I I I Conduct additional End User training sessions I I A C I R I I I I ATTACHMENT A 38 / 56 44.5.4 Control Point 4: Final Testing & Training Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the Production Cutover Stage is dependent upon Tyler’s receipt of the Stage Acceptance. 4.5.4.1 Final Testing & Training Stage Deliverables x Production Cutover checklist o Objective: Provide a detailed checklist outlining tasks necessary for production Cutover. o Scope: Dates for final conversion, date(s) to cease system processing in Legacy System, date(s) for first processing in Tyler system, contingency plan for processing. o Acceptance criteria: Definition of all pre-production tasks, assignment of owners and establishment of due dates. x User Acceptance Test Plan o Objective: Provide testing steps to guide users through testing business processes in Tyler software. o Scope: Testing steps for Standard business processes. o Acceptance criteria: Testing steps have been provided for Standard business processes. 4.5.4.2 Final Testing & Training Stage Acceptance Criteria x Production Cutover Checklist delivered and reviewed. x Modification(s) tested and accepted, if applicable. x Standard 3rd party Data Exchange programs tested and accepted. x Standard Forms & Reports tested and accepted. x User acceptance testing completed. x End User training completed. ATTACHMENT A 39 / 56 44.6 Production Cutover (Stage 5) Town and Tyler resources complete tasks as outlined in the Production Cutover Plan and the Town begins processing day-to-day business transactions in the Tyler software. Following Production Cutover, the Town transitions to the Tyler support team for ongoing support of the Application. 4.6.1 Final Data Conversion, if applicable The Town provides final data extract and Reports from the Legacy System for data conversion and Tyler executes final data conversion. The Town may need to manually enter into the Tyler system any data added to the Legacy System after final data extract. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 5 Final Data Conversion, if applicable TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Provide final data extract C I I A C I I I I R Provide final extract balancing Reports I I A C R I Convert and deliver final pass of data A I I R I I I C Validate final pass of data I C C I A C R C Load final conversion pass to Production environment I I I A C I C R ATTACHMENT A 40 / 56 44.6.2 Production Processing & Assistance Tyler staff collaborates with the Town during Production Cutover activities. The Town transitions to Tyler software for day-to day business processing. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 5 Production Processing & Assistance TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Production processing C C I I A R R R R R R I I Provide production assistance A R C I C C C C C C ATTACHMENT A 41 / 56 44.6.3 Transition to Tyler Support Tyler project manager(s) introduce the Town to the Tyler Support team, who provides the Town with day- to-day assistance following Production Cutover. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 5 Transition to Tyler Support TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Develop internal support plan I A R C C C C C C C Conduct transfer to Support meeting A I C R C C C C I I C I I ATTACHMENT A 42 / 56 44.6.4 Schedule Post-Production Services, if applicable Tyler provides post-production services if included in the Agreement. Prior to scheduling services, the Tyler project manager(s) collaborate with Town project manager(s) to identify needs. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 5 Schedule Post-Production Services, if applicable TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Identify topics for post-production services C C A R I C I Schedule services for post- production topics A R I C C I C I ATTACHMENT A 43 / 56 44.6.5 Control Point 5: Production Cutover Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the Phase/Project Closure Stage is dependent upon Tyler’s receipt of this Stage Acceptance. 4.6.5.1 Production Cutover Stage Deliverables x Final data conversion, if applicable o Objective: Ensure (in Scope) Legacy System data is available in Tyler software in preparation for production processing. o Scope: Final passes of all conversions completed in this Phase. o Acceptance criteria: Data is available in production environment. x Support transition documents o Objective: Define strategy for on-going Tyler support. o Scope: Define support strategy for day-to-day processing, conference call with Town Project Manager(s) and Tyler support team, define roles and responsibilities, define methods for contacting support. o Acceptance criteria: the Town receives tools to contact support and understands proper support procedures. 4.6.5.2 Production Cutover Stage Acceptance Criteria x Final data conversion(s) delivered. x Processing is being done in Tyler production. x Transition to Tyler support is completed. x Post-live services have been scheduled, if applicable. ATTACHMENT A 44 / 56 44.7 Phase/Project Closure (Stage 6) Project or Phase closure signifies full implementation of all products purchased and encompassed in the Phase or Project. The Town moves into the next cycle of their relationship with Tyler (next Phase of implementation or long-term relationship with Tyler Support). 4.7.1 Close Phase/Project The Town and Tyler project manager(s) review the list of outstanding Project activities and develop a plan to address them. The Tyler project manager(s) review the Project budget and status of each contract Deliverable with the Town project manager(s) prior to closing the Phase or Project. RACI MATRIX KEY: RR = Responsible AA = Accountable CC = Consulted II = Informed STAGE 6 Close Phase/Project TYLER CLIENT TASKS Tyler Executive Manager Tyler Implementation Manager Tyler Project Manager Tyler Implementation Consultant Tyler Data Conversion Experts Tyler Forms & Reports Experts Tyler Modification Programmers Tyler Technical Support Tyler Sales Client Executive Sponsor Client Steering Committee Client Project Manager Client Functional Leads Client Change Management Leads Client Power Users Client Department Heads Client End Users Client Technical Leads Client Project Toolset Coordinator Client Upgrade Coordinator Review outstanding Project activities and develop action plan A R C C C I C I C Review Project budget and status of contract Deliverables A R I I C ATTACHMENT A 45 / 56 44.7.2 Control Point 6: Phase/Project Closure Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. This is the final acceptance for the Phase/Project. 4.7.2.1 Phase/Project Closure Stage Deliverables x Phase/Project reconciliation report o Objective: Provide comparison of contract Scope and Project budget. o Scope: Contract Scope versus actual, analysis of services provided and remaining budget, identify any necessary Change Requests or Project activity. o Acceptance criteria: Acceptance of services and budget analysis and plan for changes, if needed. 4.7.2.2 Phase/Project Closure Stage Acceptance Criteria x Outstanding Phase or Project activities have been documented and assigned. x Phase/final Project budget has been reconciled. x Tyler Deliverables for the Phase/Project are complete. ATTACHMENT A 46 / 56 55 Roles and Responsibilities 5.1 Tyler Roles and Responsibilities Tyler assigns project manager(s) prior to the start of each Phase of the Project. The project manager(s) assign additional Tyler resources as the schedule develops and as needs arise. One person may fill multiple project roles. 5.1.1 Tyler Executive Management x Provides clear direction for Tyler staff on executing on the Project Deliverables to align with satisfying the Town’s overall organizational strategy. x Authorizes required project resources. x Resolves all decisions and/or issues not resolved at the implementation management level as part of the escalation process. x Offers additional support to the project team and is able to work with other Tyler department managers in order to escalate and facilitate implementation project tasks and decisions. x Acts as the counterpart to the Town’s executive sponsor. 5.1.2 Tyler Implementation Management x Acts as the counterpart to the Town steering committee. x Assigns initial Tyler project personnel. x Works to resolve all decisions and/or issues not resolved at the Project Management level as part of the escalation process. x Attends Town steering committee meetings as necessary. x Provides support for the project team. x Provides management support for the Project to ensure it is staffed appropriately and staff have necessary resources. x Monitors project progress including progress towards agreed upon goals and objectives. 5.1.3 Tyler Project Manager The Tyler project manager(s) provides oversight of the Project, coordination of resources between departments, management of the project budget and schedule, effective risk and issue management, and is the primary point of contact for all Project related items. x Contract Management o Validates contract compliance throughout the Project. o Ensures Deliverables meet contract requirements. o Acts as primary point of contact for all contract and invoicing questions. o Prepares and presents contract milestone sign-offs for acceptance by Town project manager(s). o Coordinates Change Requests, if needed, to ensure proper Scope and budgetary compliance. x Planning ATTACHMENT A 47 / 56 o Update and deliver Implementation Management Plan. o Defines project tasks and resource requirements. o Develops initial project schedule and full scale Project Plan. o Collaborates with Town project manager(s) to plan and schedule project timelines to achieve on-time implementation. x Implementation Management o Tightly manages Scope and budget of Project; establishes process and approval matrix with the Town to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently. o Establishes and manages a schedule and resource plan that properly supports the Project Plan that is also in balance with Scope/budget. o Establishes risk/issue tracking/reporting process between the Town and Tyler and takes all necessary steps to proactively mitigate these items or communicates with transparency to the Town any items that may impact the outcomes of the Project. o Collaborates with the Town’s project manager(s) to establish key business drivers and success indicators that will help to govern project activities and key decisions to ensure a quality outcome of the project. o Sets a routine communication plan that will aide all project team members, of both the Town and Tyler, in understanding the goals, objectives, current status and health of the project. x Team Management o Acts as liaison between project team and Tyler manager(s). o Identifies and coordinates all Tyler resources across all applications, Phases, and activities including development, forms, installation, reports, implementation, and billing. o Provides direction and support to project team. o Builds partnerships among the various stakeholders, negotiating authority to move the Project forward. o Manages the appropriate assignment and timely completion of tasks as defined in the Project Plan, task list, and Production Cutover Checklist. o Assesses team performance and adjusts as necessary. o Interfaces closely with Tyler developers to coordinate program Modification activities. o Coordinates with in Scope 3rd party providers to align activities with ongoing project tasks. 55.1.4 Tyler Implementation Consultant x Completes tasks as assigned by the Tyler project manager(s). x Performs problem solving and troubleshooting. x Follows up on issues identified during sessions. x Documents activities for on site services performed by Tyler. x Provides conversion Validation and error resolution assistance. x Recommends guidance for testing Forms and Reports. x Tests software functionality with the Town following configuration. x Assists during Production Cutover process and provides production support until the Town transitions to Tyler Support. x Provides product related education. ATTACHMENT A 48 / 56 x Effectively facilitates training sessions and discussions with Town and Tyler staff to ensure adequate discussion of the appropriate agenda topics during the allotted time. x Conducts training (configuration, process, conversion Validation) for Power Users and the Town’s designated trainers for End Users. x Clearly documents homework tasks with specific due dates and owners, supporting and reconciling with the final Project Plan. x Keeps Tyler project manager(s) proactively apprised of any and all issues which may result in the need for additional training, change in schedule, change in process decisions, or which have the potential to adversely impact the success of the Project prior to taking action. 55.1.5 Tyler Sales x Provide sales background information to Implementation during Project initiation. x Support Sales transition to Implementation. x Provide historical information, as needed, throughout implementation. 5.1.6 Tyler Software Support x Manages incoming client issues via phone, email, and online customer incident portal. x Documents and prioritizes issues in Tyler’s Customer Relationship Management (CRM) system. x Provides issue analysis and general product guidance. x Tracks issues and tickets to timely and effective resolution. x Identifies options for resolving reported issues. x Reports and escalates defects to Tyler Development. x Communicates with the Town on the status and resolution of reported issues. 5.2 Town Roles and Responsibilities Town resources will be assigned prior to the start of each Phase of the project. One person may be assigned to multiple project roles. 5.2.1 Town Executive Sponsor x Provides clear direction for the Project and how the Project applies to the organization’s overall strategy. x Champions the Project at the executive level to secure buy-in. x Authorizes required Project resources. x Resolves all decisions and/or issues not resolved at the Town steering committee level as part of the escalation process. x Actively participates in organizational change communications. 5.2.2 Town Steering Committee x Works to resolve all decisions and/or issues not resolved at the project manager level as part of the escalation process. x Attends all scheduled steering committee meetings. x Provides support for the project team. ATTACHMENT A 49 / 56 x Assists with communicating key project messages throughout the organization. x Prioritizes the project within the organization. x Provides management support for the project to ensure it is staffed appropriately and staff have necessary resources. x Monitors project progress including progress towards agreed upon goals and objectives. x Has the authority to approve or deny changes impacting the following areas: o Cost o Scope o Schedule o Project Goals o Town Policies 55.2.3 Town Project Manager The Town shall assign project manager(s) prior to the start of this Project with overall responsibility and authority to make decisions related to project Scope, scheduling, and task assignment, and communicates decisions and commitments to the Tyler project manager(s) in a timely and efficient manner. When the Town project manager(s) do not have the knowledge or authority to make decisions, he or she engages the correct resources from Town to participate in discussions and make decisions in a timely fashion to avoid Project delays. x Contract Management o Validates contract compliance throughout the Project. o Ensures invoicing and Deliverables meet contract requirements. o Acts as primary point of contact for all contract and invoicing questions. o Signs off on contract milestone acknowledgment documents. o Collaborates on and approves Change Requests, if needed, to ensure proper Scope and budgetary compliance. x Planning o Review and acknowledge Implementation Management Plan. o Defines project tasks and resource requirements for Town project team. o Collaborates in the development and approval of the initial Project Plan and Project Plan. o Collaborates with Tyler project manager(s) to plan and schedule Project timelines to achieve on-time implementation. x Implementation Management o Tightly manages Project budget and Scope and collaborates with Tyler project manager(s) to establish a process and approval matrix to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently. o Collaborates with Tyler project manager to establish and manage a schedule and resource plan that properly supports the Project Plan, as a whole, that is also in balance with Scope/budget. o Collaborates with Tyler Project manager(s) to establishes risk/issue tracking/reporting process between the Town and Tyler and takes all necessary steps to proactively mitigate ATTACHMENT A 50 / 56 these items or communicates with transparency to Tyler any items that may impact the outcomes of the Project. o Collaborates with Tyler Project manager(s) to establish key business drivers and success indicators that will help to govern Project activities and key decisions to ensure a quality outcome of the Project. o Routinely communicates with both Town staff and Tyler, aiding in the understanding of goals, objectives, current status, and health of the Project by all team members. x Team Management o Acts as liaison between project team and stakeholders. o Identifies and coordinates all Town resources across all modules, Phases, and activities including data conversions, forms design, hardware and software installation, reports building, and satisfying invoices. o Provides direction and support to project team. o Builds partnerships among the various stakeholders, negotiating authority to move the Project forward. o Manages the appropriate assignment and timely completion of tasks as defined in the Project Plan, task list, and Production Cutover Checklist. o Assesses team performance and takes corrective action, if needed. o Provides guidance to Town technical teams to ensure appropriate response and collaboration with Tyler Technical Support Teams to ensure timely response and appropriate resolution. o Coordinates in Scope 3rd party providers to align activities with ongoing Project tasks. 55.2.4 Town Functional Leads x Makes business process change decisions under time sensitive conditions. x Communicates existing business processes and procedures to Tyler consultants. x Assists in identifying business process changes that may require escalation. x Attends and contributes business process expertise for current/future state analysis sessions. x Identifies and includes additional subject matter experts to participate in Current/Future State Analysis sessions. x Provides business process change support during Power User and End User training. x Completes performance tracking review with client project team on End User competency on trained topics. x Provides Power and End Users with dedicated time to complete required homework tasks. x Act as an ambassador/champion of change for the new process. x Identifies and communicates any additional training needs or scheduling conflicts to Town project manager. x Prepares and Validates Forms. x Actively participates in all aspects of the implementation, including, but not limited to, the following key activities: o Task completion o Stakeholder Presentation o Implementation Management Plan development o Schedule development o Maintenance and monitoring of risk register o Escalation of issues ATTACHMENT A 51 / 56 o Communication with Tyler project team o Coordination of Town resources o Attendance at scheduled sessions o Change Management activities o Modification specification, demonstrations, testing and approval assistance o Conversion Analysis and Verification Assistance o Decentralized End User Training o Process Testing o User Acceptance Testing 55.2.5 Town Power Users x Participate in Project activities as required by the project team and project manager(s). x Provide subject matter expertise on Town business processes and requirements. x Act as subject matter experts and attend current/future state and validation sessions as needed. x Attend all scheduled training sessions. x Participate in all required post-training processes as needed throughout Project. x Participate in Conversion Validation. x Test all Application configuration to ensure it satisfies business process requirements. x Become Application experts. x Participate in User Acceptance Testing. x Adopt and support changed procedures. x Complete all Deliverables by the due dates defined in the Project Plan. x Demonstrate competency with Tyler products processing prior to Production Cutover. x Provide knowledge transfer to Town staff during and after implementation. 5.2.6 Town End Users x Attend all scheduled training sessions. x Become proficient in Application functions related to job duties. x Adopt and utilize changed procedures. x Complete all Deliverables by the due dates defined in the Project Plan. x Utilize software to perform job functions at and beyond Production Cutover. 5.2.7 Town Technical Support x Coordinates updates and releases with Tyler as needed. x Coordinates the copying of source databases to training/testing databases as needed for training days. x Extracts and transmits conversion data and control reports from Town’s Legacy System per the conversion schedule set forth in the Project Plan. x Coordinates and adds new users and printers and other Peripherals as needed. x Validates all users understand log-on process and have necessary permission for all training sessions. x Coordinates Interface development for Town third party Data Exchanges. x Develops or assists in creating Reports as needed. x Ensures onsite system hardware meets specifications provided by Tyler. ATTACHMENT A 52 / 56 x Assists with software Installation as needed. 55.2.8 Town Upgrade Coordinator x Becomes familiar with the Software Upgrade process and required steps. x Becomes familiar with Tyler’s releases and updates. x Utilizes Tyler Community to stay abreast of the latest Tyler releases and updates, as well as the latest helpful tools to manage the Town’s Software Upgrade process. x Assists with the Software Upgrade process during implementation. x Manages Software Upgrade activities post-implementation. x Manages Software Upgrade plan activities. x Coordinates Software Upgrade plan activities with Town and Tyler resources. x Communicates changes affecting users and department stakeholders. x Obtains department stakeholder sign-offs to upgrade production environment. 5.2.9 Town Project Toolset Coordinator x Ensures users have appropriate access to Tyler project toolsets such as Tyler University, Tyler Community, Tyler Product Knowledgebase, SharePoint, etc. x Conducts training on proper use of toolsets. x Validates completion of required assignments using toolsets. 5.2.10 Town Change Management Lead x Validates users receive timely and thorough communication regarding process changes. x Provides coaching to supervisors to prepare them to support users through the project changes. x Identifies the impact areas resulting from project activities and develops a plan to address them proactively. x Identifies areas of resistance and develops a plan to reinforce the change. x Monitors post-production performance and new process adherence. ATTACHMENT A 53 / 56 66 Incode Conversion Summary 6.1 General Ledger – Chart of Accounts x Full chart of accounts listing, descriptions, and corresponding account types x Element (segment) values and descriptions 6.2 General Ledger – Legacy/Historical Views x Unlimited historical transactions provided by client can be converted by Tyler into historical views 6.3 Accounts Payable – Vendor Master x Vendor master information, address, primary contact, and notes 6.4 Accounts Payable – Legacy/Historical Views x Unlimited historical transactions provided by client can be converted by Tyler into historical views 6.5 Personnel Management/Payroll - Standard x Basic employee information – employee master, address, primary contact, dates, phone numbers, dependents, notes x Current direct deposit bank information x Federal and state tax withholding information 6.6 Personnel Management/Payroll – Legacy/Historical Views x Unlimited historical transactions provided by client can be converted by Tyler into historical views ATTACHMENT A 54 / 56 77 Glossary Word or Term Definition Application A computer program designed to perform a group of coordinated functions, tasks or activities for the benefit of the user. Change Control A systematic approach for managing change governing how Change Requests will be received, assessed and acted on. Change Management An approach for ensuring that changes are thoroughly and smoothly implemented and that the lasting benefits of change are achieved. The focus is on the global impact of change with an intense focus on people and how individuals and teams move from the current situation to the new one. Change Request A form used as part of the Change Control process whereby changes in the Scope of work, timeline, resources, and/or budget are revised and agreed upon by participating parties. Consumables Items that are used on a recurring basis, usually by Peripherals. Examples: paper stock or scanner cleaning kits. Control Point Occurring at the end of each Stage, the Control Point serves as a formal client review point. Project progress cannot continue until the client acknowledges the agreed upon Deliverables of the Stage have been met or agree on an action plan to make the Deliverable acceptable and move to next Stage while executing final steps of current Stage. Cutover The point when a client begins using Tyler software in production. Data Exchange A term used to reference Imports and Exports, and Interfaces which allow data to be exchanged between an external system and Tyler software. Data Mapping The process of mapping fields from the Legacy System to the appropriate location in the new system from one or more sources. Deliverable A tangible or intangible object/document produced as a result of the Project that is intended to be delivered to a client (either internal or external) or vendor at a specific time. End User The person for whom the software is designed to use on a day -to-day basis. Forms A document which is typically printed on a template background and only captures data for one record per page. Forms are provided to entity customers whether internal (employees) or external (citizens). Imports and Exports A process within the system that a user is expected to run to consume (Import) or produce (Export) a specifically defined file format/layout. Interface A real-time or automated exchange of data between two systems. ATTACHMENT A 55 / 56 IInstall References the initial installation of software files on client services and preparing the software for use during configuration. The version currently available for general release will always be used during the initial install. LLegacy System The system from which a client is converting. MModification Modification of software program package to provide individual client requirements documented within the Scope of the Agreement. PPeripherals An auxiliary device that connects to and works with the computer in some way. Examples: mouse, keyboard, scanner, external drive, microphone, speaker, webcam, and digital camera. PPhase A portion of the Project in which specific set of related products are typically implemented. Phases each have an independent start, Production Cutover and closure dates but use the same Implementation Plans as other Phases within the Project. Phases may overlap or be sequential and may have the same Tyler project manager and Tyler project team or different individuals assigned. PPower User An experienced client person or group who is (are) an expert(s) in the client business processes, as well as knowledgeable in the requirements and acceptance criteria. PProject The Project includes all implementation activity from Plan & Initiate to Closure for all products, Applications and functionality included in a single Agreement. The Project may be broken down into multiple Phases. PProject Plan The Project Plan serves as the master blueprint for the Project. As developed, the Project schedule will become a part of the Project Plan and outline specific details regarding tasks included in the Project Plan. PProject Planning Meeting Occurs during the Plan & Initiate Stage to coordinate with the Client project manager to discuss Scope, information needed for project scheduling and resources. QQuestionnaire A document containing a list of questions to be answered by the client for the purpose of gathering information needed by Tyler to complete the implementation. RRACI A chart describing level of participation by various roles in completing tasks or Deliverables for a Project or process. Also known as a responsibility assignment matrix (RAM) or linear responsibility chart (LRC). RReports Formatted to return information related to multiple records in a structured format. Information is typically presented in both detail and summary form for a user to consume. SScope Products and services that are included in the Agreement. ATTACHMENT A 56 / 56 SSoftware Upgrade References the act of updating software files to a newer software release. SStage The top-level components of the WBS. Each Stage is repeated for individual Phases of the Project and requires acknowledgement before continuing to the next Stage. Some tasks in the next Stage may begin before the prior Stage is complete. SStakeholder Presentation Representatives of the Tyler implementation team will meet with key client representatives to present high level Project expectations and outline how Tyler and the Client can successfully partner to create an environment for a successful implementation. SStandard Included in the base software (out of the box) package. SStatement of Work (SOW) Document which will provide supporting detail to the Agreement defining Project -specific activities and Deliverables Tyler will provide to the client. TTest Plan Describes the testing process. Includes “Test Cases” to guide the users through the testing process. Test cases are meant to be a baseline for core processes; the client is expected to supplement with client specific scenarios and processes. VValidation (or to validate) The process of testing and approving that a specific Deliverable, process, program or product is working as expected. WWork Breakdown SStructure (WBS) A hierarchical representation of a Project or Phase broken down into smaller, more manageable components. ATTACHMENT A ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B ATTACHMENT B MEMORANDUM TO: Avon Town Council FROM: Linn Brooks, General Manager James Wilkins, Director of Finance DATE: Feb. 5, 2020 RE: Water and Wastewater Capital Projects and Associated Rate Increases Summary: Linn Brooks and James Wilkins will present an overview of the Eagle River Water & Sanitation District & Upper Eagle Regional Water Authority’s upcoming capital projects and the associated increases in water and wastewater rates. They will discuss the primary factors that are causing rates to increase and show how district and authority rates compare to other water and wastewater treatment providers locally and nationally. Background: The Eagle River Water & Sanitation District and Upper Eagle Regional Water Authority increased monthly rates for water and sewer service in 2020. Monthly service rates pay for the operating costs of providing water and sewer services on an annual basis. Sewer service rates have increased 7.4%, resulting in an increase of $2.58 per month, per single family equivalent (SFE), for an average customer. Water service rates have increased 8.8%, resulting in an increase of $4.31 per month, per SFE, for an average customer. These increases are due to a variety of factors: • Regulations – the water and sanitation industry is highly regulated. As stewards of our natural environment, the district and authority proactively address regulations that will affect operations. • Infrastructure Replacement – investment in upgrades and replacement for aging infrastructure is implemented according to system condition assessments and master plans. • Operating Costs – on average, water and sewer operational costs have increased 5.8%. Sewer service rate increases are largely due to upcoming regulatory-driven capital projects, most notably a major upgrade to the Avon wastewater treatment facility to meet new state nutrient regulations. This project will allow the facility to comply with new and upcoming regulations, improve stream water quality, increase capacity to meet future needs, replace aging infrastructure, and mitigate odor impacts. The district and authority remain committed environmental and financial stewards through master planning efforts to address increased regulatory compliance standards. Budgeting for upcoming years represents the essentials needed to continue operating in a proactive manner, while meeting the goals set for necessary maintenance, replacement, and regulatory compliance, and still being responsible to our customers’ finances and expectations of service. Ongoing capital expenses to meet changing environmental regulations and replace aging infrastructure are expected to result in rate increases in water and sewer services of 8 to 10% for 2021, 2022, and 2023. 2020 Rates for Monthly Water and Wastewater Services Linn Brooks, General Manager James Wilkins, Director of Finance Eagle River Water & Sanitation District Upper Eagle Regional Water Authority 2 3 Service Areas Rate Drivers •Regulations •Infrastructure Replacement •Operating Costs 4 5 Regulations Nutrient Regulation 85 6 Avon WastewaterNutrient Upgrade Project Avon WastewaterNutrient Upgrade Project Headworks Primaries Aeration Basins and Blowers Secondary Clarifiers and Pumping Odor Control Equalization Historical and Projected Capital Spending 9 Infrastructure Replacement 10 Operating Costs 11 2020 Rates 12 Estimated average monthly bill increases are per Single Family Equivalent (SFE). Increases during the summer months will likely be higher for customers that use additional water for landscaping. Authority 2019 2020 % Increase Water $49.24 $53.55 8.8% Wastewater $34.84 $37.42 7.4% $84.08 $90.97 8.2% Colorado High Country Peer Comparison: Water and Sewer Monthly Costs 13Cost per SFE per MonthTown Monthly Water Total Monthly Sewer Total National Monthly Cost Comparison: 50 Largest Cities Water & Wastewater Rate Survey 14 2019 2020 Black & Veatch Management Consulting Historical and Projected Total Average Monthly Bill, per SFE, for Customers 15 Water Efficiency and Cost Control Tools 16 THANK YOU Customer Service 970-476-7480 customerservice@erwsd.org (970) 748-4045 JHildreth@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Justin Hildreth, Town Engineer RE: 2020 Whitewater Park Repairs DATE: February 6, 2020 SUMMARY: In spring 2019, the Town completed repairs to the whitewater park originally constructed in 2006. The 2019 spring runoff was above average and the largest feature, Bob Sr., developed a large wave that formed an eddy and made it difficult for some rafters to float out of. Staff subsequently engaged River Restoration, Inc. to design and model modifications to moderate the feature during these very high flows. S2O Design and Engineering (S2O), the firm that designed the Eagle whitewater park, conducted a peer review of the proposed modifications (attached). BACKGROUND: In 2006, the Town spent $720,000 to build the Avon whitewater park and $432,000 to obtain the appropriate water rights, for a total of $1,152,000. The whitewater park experienced changes as a result of spring runoff events after completion. The features were updated in 2019 to make them more effective and enjoyable for kayakers and other boaters. The 2019 Whitewater Park Repair Project consisted of maintenance activities of the three whitewater features and included relocating and resetting approximately 550 tons of boulders within the channel with an excavator. The boulders were relocated within the existing whitewater feature that shifted from high flows as well as some identified borrow zone boulders. ANALYSIS: Upon completion of the 2019 project, the Eagle River had exceptionally high flows as a result of the above average snowpack. During the high flows, Bob Sr., the feature downstream of the Avon Road bridge, developed a large waive and eddy that was difficult for some rafters to navigate. In response to complaints from the rafting and kayaking community, staff requested Rivers Restoration, Inc, who designed the 2019 repairs, to design modifications to lower the waive and remove the eddy during very high flows. The recommended improvements include removing 3 boulders from Bob Sr. that will lower the height of the wave and provide for a bypass of the larger feature (Attachment A). A 3D model was also developed to verify that the changes will improve the water feature (Attachment B). S2O visited the site and completed a peer review of the proposed modifications. They found that River Restoration followed generally accepted practices but requested more modeling and expressed concern that the modifications will reduce the recreation value of the feature during low flows (Attachment C). Dan Woodley of River Restoration responded (Attachment D) to the S2O letter and stated that the features were modeled based on the original design, and RICD water rights. As requested by S2O, a regression analysis was developed comparing the proposed flows to the water surface elevation. The 3D model indicates the recommended improvements will perform as originally intended with the 2006 design. Mr. Woodley will be present to discuss the whitewater park, the proposed changes and S2O’s letter. Page 2 of 2 FINANCIAL CONSIDERATIONS: The costs to design, evaluate and construct the 2020 whitewater park improvements are summarized below: River Restoration, Inc. Design $15,000 S2O Design and Engineering Pier review $6,085 Diggin it’, Inc. Construction $16,650 TOTAL $37,735 These improvements will be paid for out of the whitewater park capital project fund budget and will be included in the next budget amendment. REQUESTED ACTION: Staff requests Council direction on the proposed design. The proposed design will reduce the safety concerns during high flow but will also likely diminish the recreational value of this feature during low flows and average run-off years. Mr. Woodley will be present to discuss these issues in more detail. RECOMMENDATION: I recommend that Council continue consideration to the February 25 Council meeting so that Town can post designs for public comment as well as forward designs to the commercial rafting companies operating on this stretch of the Eagle River for their input and comments. Thank you, Justin Hildreth ATTACHMENTS: Attachment A – August 30, 2019 letter – Post High Water Review and Maintenance prepared by River Restoration, Inc. Attachment A – November 26, 2019 letter – Avon Whitewater Park Modeling Results prepared by River Restoration, Inc. Attachment B – January 9, 2020 letter reviewing modeling results prepared by S2O Attachment C – February 4, 2020 letter – Responses to S2O’s Review of the Avon Whitewater Park 2019 Hydraulic Modeling Report P.O. Box 248, Carbondale, CO 81623 August 30, 2019 Page 1 of 16 Justin Hildreth Town Engineer 100 Mikaela Way Avon, CO 81620 Subject: Avon Whitewater Park 2017 Maintenance – Post High Water Review and Maintenance Dear Mr. Hildreth, The following letter report has been developed by RiverRestoration to describe proposed maintenance activities to be performed at the Avon Whitewater Park in the Fall of 2019. Per a discussion on Thursday the 22nd of August 2019, this report is intended to provide adequate guidance for the preselected Contractor (Diggin It River Works Inc.) to perform maintenance of the Bob Sr. wave feature, described here-in, to improve navigability and performance. Thank you for your continued support of the project and its success. Respectfully, Dan Woolley, MSCE RiverRestoration PO Box 248, Carbondale, CO 81623 970-947-9568 dan.woolley@riverrestoration.org ATTACHMENT A - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 August 30, 2019 Page 2 of 16 Completed Maintenance Winter 2018/2019 2018 maintenance of the Avon Whitewater Park, performed by Diggin It River Works Inc., was completed on April 10, 2019. Maintenance activities included work at all three existing whitewater structures (Baby Bob, Bob Jr. and Bob Sr.) and the riffle grade control separating Baby Bob and Bob Jr. as well as repair to damaged bank terracing along both river left and river right and installation of new terracing. Figure 1 shows the Bob Sr. wave feature on April 10, 2019 (250 cfs). Figure 2 shows the Baby Bob, Bob Jr. wave features on August 29, 2019. Figure 1 Bob Sr. Wave Feature at 250 cfs on April 10, 2019 Figure 2 Baby Bob and Bob Jr. Wave Features at 150 cfs on August 29, 2019 ATTACHMENT A - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 August 30, 2019 Page 3 of 16 Spring Runoff 2019 Spring runoff began in earnest in 2019 following a wet winter and spring resulting in unusually high water. Early in the morning of July 1, 2019 the Eagle River crested at 10.15 ft (4850 cfs) at USGS Gage 09067020 (Eagle River Below Wastewater Treatment Plant at Avon, CO) just 580 cfs less than FEMA’s 1% Annual Flood of 5430 cfs for a location Downstream of Beaver Creek as described by the 2007 Eagle County Colorado and Incorporated Areas Flood Insurance Study (FIS) 08037CV000A. During this unusually high spring runoff the Town of Avon (Town) was alerted on June 6, 2019 to an unanticipated navigation challenge created during the maintenance activities earlier in the year at the Bob Sr. whitewater feature. Following this notification RiverRestoration (RRO) began monitoring the performance of the wave as well as the rest of the whitewater park for additional navigation issues and/or channel and bank instabilities. RRO conducted visual observation along with water surface elevation measurements as part of the monitoring program on June 10th at 2,900 cfs (Figure 3), June 17th at 3,100 cfs (Figure 4), July 2nd at 4,000 cfs (Figure 5), August 2nd at 600 cfs (Figure 6) and August 29th at 150 cfs (Figure 7). Figure 3 Bob Sr. Wave Feature at 2,900 cfs on June 10, 2019 ATTACHMENT A - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 August 30, 2019 Page 4 of 16 Figure 4 Bob Sr. Wave Feature at 3,100 cfs on June 17, 2019 Figure 5 Bob Sr. Wave Feature at 4,000 cfs on July 2, 2019 ATTACHMENT A - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 August 30, 2019 Page 5 of 16 Figure 6 Bob Sr. Wave Feature at 600 cfs on August 2, 2019 Figure 7 Bob Sr. Wave Feature at 150 cfs on August 29, 2019 ATTACHMENT A - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 August 30, 2019 Page 6 of 16 Proposed Maintenance Fall 2019 A review on August 29, 2019 of the stability of the maintenance activities conducted in the winter of 2018/2019, demonstrated the overall success of the maintenance project in stabilizing the river reach, which in general incurred minimal and largely superficial shifting of boulder resulting from the unusually high water observed in the spring of 2019. However, in an effort to improve the high-water navigability and performance of the park, the Town of Avon has expressed a desire to make changes to the configuration of the Bob Sr. wave feature. In order to achieve this objective, RRO proposes the following changes be made: 1. Remove the large boulder (outlined in red) and lower and reposition the large feature boulder downstream (outlined in blue) in Figure 8. Lowering the river left boulder will create a jet pushing through the wave to provide safe passage on the left side of the river. Bypass on this side is important to provide high water access to the existing put-in/take-out located at the downstream end of the whitewater park. Repositioning the river left boulder is intended to improve the orientation of the wave feature and reduce the intensity of the eddy formed on downstream side of the feature. 2. Remove three smaller boulders (outlined in red) and lower and reposition the large feature boulder and wing boulders (outlined in blue) in Figure 9. Similar to river left, removal, lowering and repositioning the boulders is intended to create a jet along the side of the wave feature to provide safe passage. Furthermore, repositioning the boulder outlined in blue will improve the orientation of the wave feature for recreational use. Figure 10 shows an overview of the boulders to be remove, lowered and repositioned to create submerged jets to either side of the main wave feature, generated by the precast wave block and large feature boulders, that will push through the wave creating weaker undulating hydraulic jumps on the margins of the wave feature. These jets will provide two services, (1) create safe passage routes along the sides of the wave features by preventing the formation of a submerged hydraulic jump where removed and (2) reduce the overall headloss and associated power of the hydraulic jump at the locations within the cross section where the boulder are to be removed. Removal and reinstallation of these boulders shall be overseen by RRO staff to verify final placement. ATTACHMENT A - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 August 30, 2019 Page 7 of 16 Figure 8 Boulders to be Removed in Red and Reset in Blue on River Left Side of Bob Sr. on August 29, 2019 at 150 cfs Figure 9 Smaller Boulders to be Removed in Red and Wing Boulders to be reset in Blue on River Right Side of Bob Sr. on August 29, 2019 at 150 cfs ATTACHMENT A - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 August 30, 2019 Page 8 of 16 Figure 10 Overview of Boulder to be Removed in Red and Boulder to be Reset in Blue on August 29, 2019 at 150 cfs In addition to maintenance of the Bob Sr. wave feature, additional damages to the park also occurred during spring runoff in 2019. Damages identified by RRO on August 2, 2019 included:  Boulder footer shifting and subsequent bank slumping along a small section of the right bank immediately below Bob Sr. resulting in separation of the boulder terracing (Figure 11, Figure 12 and Figure 13).  Erosion of the road base at the toe of the boat launch (Figure 14).  Erosion of the road base along the river left trail at the Bob Jr. wave feature (Figure 15).  Erosion of the flagstone and sanded grout at the overlook patio on river right at the Bob Jr. wave feature (Figure 16). ATTACHMENT A - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 August 30, 2019 Page 9 of 16 Figure 11 Separation of The Boulder Terracing on River Right, August 2, 2019 Figure 12 Close up of Separation of The Boulder Terracing on River Right, August 2, 2019 ATTACHMENT A - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 August 30, 2019 Page 10 of 16 Figure 13 Close up of Separation of The Boulder Terracing on River Right, August 2, 2019 Figure 14 Erosion of Road Base at The Toe of The Boat Launch, August 2, 2019 ATTACHMENT A - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 August 30, 2019 Page 11 of 16 Figure 15 Erosion of Road Base Along the River Left Trail at Bob Jr., August 2, 2019 Figure 16 Erosion of the Flagstone and Sanded Grout at the Overlook Patio on River Right at Bob Jr., August 2, 2019 ATTACHMENT A - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 August 30, 2019 Page 12 of 16 RICD Water Rights Performance Removal and resetting of the two large boulders on river left at Bob Sr and the three smaller boulders on river right should provide the desired result by reducing the overall headloss and power of the feature while also providing safe passage routes to either side of the wave at higher flows. Furthermore, it is not anticipated that these changes will impact the recreational experiences described in the Recreational In-Channel Diversion (RICD) water rights application, which describes Level Three Flows, for advanced and competitive freestyle kayaking at flows of 1,400 cfs and above. The design and layout of the maintenance activities performed in 2018/2019 including the configuration of the feature boulders was intended to restore the boulder geometry and in turn wave performance of the features to the condition observed in the 2009 and early 2010 recreation seasons, resulting from as-built survey with high flows performed in September of 2007. Upon Summer 2019 review of the photographic documentation of the wave features and associated structure geometries, it was determined that the river left boulder, proposed to be lowered and shifted downstream during the fall 2019 maintenance activities, appears to have shifted sometime following the 2007 maintenance, thereby producing the desired wave form as seen in 2009 and 2010. The objective of the proposed maintenance to be performed in the Fall of 2019 will be to restore the boulder on river left to a more similar condition to that seen in 2009 and early 2010. Continued formation of a wave meeting the criterion established in the RICD Water Right is based on photographic evidence of the Bob Sr. wave feature on May 6, 2009 at 730 cfs (Figure 17), May 19, 2009 at 1,400 cfs (Figure 18), June 9, 2010 at 3,200 cfs (Figure 19) and June 7, 2010 at 3,500 cfs (Figure 20), all of which were taken after maintenance work performed in the fall 2007 and the shifting of the boulder in the Spring of 2008. In each of these instances the configuration of the boulder was the same as that shown on October 10, 2009 (Figure 21 and Figure 22) in which the river left boulder is positioned downstream of the critical section. ATTACHMENT A - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 August 30, 2019 Page 13 of 16 Figure 17 Bob Sr. May 6, 2009 at 730 cfs Figure 18 Bob Sr. May 19, 2009 at 1,400 cfs ATTACHMENT A - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 August 30, 2019 Page 14 of 16 Figure 19 Bob Sr. June 9, 2010 at 3,200 cfs Figure 20 Bob Sr. June 7, 2010 at 3,500 cfs ATTACHMENT A - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 August 30, 2019 Page 15 of 16 Figure 21 Precast Wave Block and River Left Feature Boulder at Bob Sr. on October 9, 2009 at 100 cfs Figure 22 Overview of Precast Wave Block and River Left Feature Boulder at Bob Sr. on October 9, 2009 at 100 cfs ATTACHMENT A - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 August 30, 2019 Page 16 of 16 Access, Construction and Permitting All maintenance work proposed for the Fall of 2019 is to be performed under a Maintenance Exemption for existing permitted projects, while construction access is to be achieved through a Nationwide 33 permit for Temporary Construction, Access and Dewatering. Access to the base of Bob Sr. on both river left and river right will require the construction of temporary equipment access ramps and work pads. This practice is typical and associated impacts related to dredging and filling are allowable based on the permitting conditions described below. Existing alluvial deposits, downstream of the Bob Sr. wave feature, were identified during a field assessment on August 29, 2019, which are to be used by the Contractor to make all temporary access ramps and pads sufficient for the performance of work identified here-in. The following are requirements of the permitting mechanisms described above for temporary access and maintenance activities at the Avon Whitewater Park:  Work will only be performed at the downstream most structure nearest the existing boat launch, which will serve as the construction access point.  Work will consist of maintaining existing permitted fills in the whitewater structure and on the adjacent right terraced bank, which were impacted during the 2019 high water season, to be completed as a Maintenance Exemption. Work will not alter the originally permitted fill volumes or footprints.  Work will require temporary construction access to include excavation of existing in-channel alluvium, immediately downstream of the structure, to construct a subsurface working pad for the excavator to sit on and reach the boulders in question, to be completed under a Nationwide 33 for Temporary Construction, Access and Dewatering.  General Condition #3 requires activities not create substantial turbidity when creating temporary construction access to each side of the river. In order to comply with this general condition, the Contractor is required to intermittently excavate and install a turbidity curtain when constructing temporary construction access and to cease all work activities if substantial turbidity is observed downstream for more than a 12-hour period. Furthermore, activities during the spawning season will be avoided to the maximum extent practicable by attempting to complete work prior to September 30, the end of Colorado Parks and Wildlife’s recommended construction window, to minimize impacts to spawning fish. ATTACHMENT A - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 December 9, 2019 Page 1 of 8 Justin Hildreth Town Engineer 100 Mikaela Way Avon, CO 81620 Subject: Avon Whitewater Park 2019 3D Hydraulic Modeling Results Dear Mr. Hildreth, The following correspondence describes the results of hydraulic simulations performed by RiverRestoration (RRO) to evaluate proposed scenarios presented in our August 30th, 2019 report Avon Whitewater Park 2017 Maintenance – Post High Water Review and Maintenance. The results of the analysis indicate that proposed conditions modifications described in the August 2019 report may produce hydraulic conditions which improve boat passage and augment recreation potential. Models used for simulations of the river conditions represent the best numerical tools available for whitewater design and they are generally predicting very positive results for the goals of the improvement. However, these models are approximations of existing and proposed conditions. While modifications will be constructed according to appropriate tolerances and with adequate oversight, variability in construction methods, materials and rock-placement specifics may alter nuances of the wave hydraulics. Furthermore, future natural changes to the river channel both upstream and downstream or shifts in the position and location of the feature boulders may also alter as-built conditions from those predicted herein.   Thank you for your continued support of the project and its success. Respectfully, Dan Woolley, MSCE RiverRestoration PO Box 248, Carbondale, CO 81623 970-947-9568 dan.woolley@riverrestoration.org ATTACHMENT B - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 December 9, 2019 Page 2 of 8 Methods Survey Existing Conditions terrain modeling was developed from Light Detection and Ranging (LiDAR) data obtained by the state of Colorado in 2016, which was then supplemented with hydrographic survey data collected between October 3rd and 4th, 2019. Survey data were collected using a combination of Total Station and RTK-GPS equipment. Data collected were in the HARN/CO Colorado State Planes, Central Zone, US Foot coordinate system. Approximately 2,700 data points were collected spanning from 165-ft upstream to 300-ft downstream of the Bob Sr. Wave Feature. Collection efforts focused on a higher than average level of resolution in the surrounding reach and a very high level of resolution of the boulders that compose the invert of the structure and the bordering wings. Surface Generation Survey data were processed using AutoCAD Civil 3D Software, and a Triangular Irregular Network (TIN) surface was created for hydraulic modeling of the existing and proposed conditions. The existing invert comprises six boulders and a concrete wave- block structure. Each of these was surveyed in detail to develop independent representative surfaces of the feature boulders and wave block. Figure 1 illustrates the existing condition of the boulders and wave-block. It was the intention of alternatives examination to utilize the existing boulders in the channel to the greatest extent possible. Treating boulders as independent objects allowed for quick repositioning within the hydraulic model and assessment of resulting effects. Hydraulic Modeling Numerical simulations were conducted using FLOW-3D, a three-dimensional RANS solver capable of assessing complex flow distributions within whitewater parks. FLOW- 3D is largely regarded in the Computational Fluid Dynamics (CFD), civil, and river engineering communities as the premier commercial code for free-surface applications and has been validated across a variety of test cases. Using water surface elevation data collected by RRO throughout the 2019 high water season, the numerical simulations were calibrated to three flow rates for evaluation. Boundary conditions were dictated by surveyed water surfaces and the downstream USGS stream gage 09067020 (Eagle River Below Wastewater Treatment Plant at Avon, CO). Water-surface elevations upstream and downstream of the Bob Sr. Wave Feature were simulated within 0.1-ft of the surveyed values. Based on the recommendations presented by RRO in August 2019, simulations were run to predict the response of the wave feature to various boulder configurations at differing flow rates. The preferred proposed conditions configuration included the complete removal of the river left most feature boulder and the gap boulders between the river right most feature boulder and the center feature (Figure 2). The preferred configuration exhibited the desired hydraulic changes of reducing the impinging jet angle and was identified as the most constructible of the examined alternatives. ATTACHMENT B - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 December 9, 2019 Page 3 of 8 Figure 1 Existing conditions bathymetry based on hydrographic survey conducted October 3rd and 4th 2019 Figure 2 Proposed conditions bathymetry for modifications based on hydrographic survey conducted October 3rd and 4th 2019 ATTACHMENT B - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 December 9, 2019 Page 4 of 8 Results Figure 3 and Figure 4 present the field and numerical simulation existing condition, respectively, at the approximately equivalent flow rate of 3,000 cfs. At this flow rate, there is approximately 2.2-ft of piezometric head loss over the feature, the supercritical jet impinges into and dives below the tailwater, and significant recirculation is noted. Elimination of the recirculation through modifications was desired as an improvement to boat passage at higher flows. Figure 3 Bob Sr. Wave Feature at 3,000 cfs on June 15, 2019 Figure 4 Numerical simulation of Bob Sr Wave Feature at 2,800 cfs based on hydrographic survey data collected between October 3rd and 4th 2019 ATTACHMENT B - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 December 9, 2019 Page 5 of 8 Figure 5 illustrates the numerical simulation output of the preferred alternative. Modifications to the existing structure should reduce the head loss to 1.6 ft, reduce the jet impingement angle, and mitigate recirculation risk. Figure 5 Numerical simulation of Bob Sr Wave Feature at 2,800 cfs following removal/modification of boulders described in RRO August 2019 report Figure 6 provides a photograph of the Bob Sr. Wave Feature during runoff of 2010, when the feature exhibited reduced recirculation as compared to the present configuration. Figure 7 illustrates the numerical simulation output from a similar perspective of the photo and emphasizes the potential for the proposed modifications to return the feature to a previous desirable configuration. Figure 8 and Figure 10 provide photographs of the Bob Sr. Wave Feature in May of 2009 at 1,400 cfs and 730 cfs respectively, when the feature created a more desirable recreational experience at flows of 1,400 cfs and greater. Figure 9 and Figure 11 illustrates the numerical simulation output from a similar perspective of the photos at the identical flow rates and emphasizes the potential for the proposed modifications to return the feature to a previous desirable configuration. ATTACHMENT B - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 December 9, 2019 Page 6 of 8 Figure 6 Bob Sr. June 7, 2010 at 3,500 cfs Figure 7 Numerical simulation of Bob Sr Wave Feature at 2,800 cfs following removal/modification of boulders described in RRO August 2019 report ATTACHMENT B - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 December 9, 2019 Page 7 of 8 Figure 8 Bob Sr. May 19, 2009 at 1,400 cfs Figure 9 Numerical simulation of Bob Sr Wave Feature at 1,400 cfs following removal/modification of boulders described in RRO August 2019 report ATTACHMENT B - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 December 9, 2019 Page 8 of 8 Figure 10 Bob Sr. May 6, 2009 at 730 cfs Figure 11 Numerical simulation of Bob Sr Wave Feature at 730 cfs following removal/modification of boulders described in RRO August 2019 report ATTACHMENT B - WHITEWATER PARK 1 318 McConnell Dr. Lyons, CO, 80540 January 9, 2020 Justin Hildreth Town Engineer 100 Mikaela Way Avon, CO 81620 Introduction This letter-report is tasked with reviewing proposed design modifications to the Town of Avon’s Whitewater Park following the high-water events of 2019. The park was designed by RiverRestoration, of Carbondale, Colorado, and was completed in 2006. Some modifications to the park have been made through the years with the most recent being in 2017. The most recent configuration led to dangerous flow conditions in the 2019 high-water event. Due to the high-water performance urgent modifications are being contemplated in the current year. S2o Design and Engineering has been tasked with reviewing RiverRestoration’s proposed design changes. This letter-report summarizes S2o’s review of the proposed project. Scope of Evaluation By agreement, this review process is limited to evaluating the process undertaken by RiverRestoration in designing these modifications to the Town of Avon’s Whitewater Park. Whitewater Park design is an iterative process in which computer or physical hydraulic models are created to model real flow conditions at the project site. The geometry that is input to these models is iteratively manipulated in order to create modelled flow conditions that meet project objectives across a broad range of flows. Without personally undertaking this process, it is not possible for S2o to evaluate its confidence in the success of the proposed project. However, S2o can evaluate whether RiverRestoration has undergone a process typical of this type of modification and whether these types of changes are likely to be successful. S2o has been provided two documents, a plan set titled, “2019 Maintenance, Bob Senior Wave Feature” and a letter=style report dated December 9, 2019 that describes the proposed changes to the Whitewater Park as well as the process undertaken to evaluate these changes. S2o has also reviewed pictures and video of the project during a high flow event and S2o has conducted a site visit at low water to observe the project and discussed the project with Town of Avon representative Justin Hildreth. Background The Avon Whitewater Park is built from locally sourced native rock and is aesthetically a beautiful addition to the Town of Avon. Trails and parking link the community to the park providing an area to walk, rest and relax as well as an in-stream attraction meant to draw kayakers, rafters and other river users from throughout the region. The park was built in 2006 and has undergone several revisions to change the performance of the features to better serve visitors to the park. The most recent set of changes constricted the ATTACHMENT C - WHITEWATER PARK 2 318 McConnell Dr. Lyons, CO, 80540 river at the Bob Senior wave feature in an effort, presumably, to consolidate more energy at this feature at low and medium flows. However, during high flows the feature created a hydraulic jump that held a raft for an extended period of time and that represented a risk to navigation of the Eagle River. The proposed changes are intended to mitigate this risk. Figure 1. The Bob Sr. wave feature at high flows. No other design objectives have been identified in this process. Design Process The Riverrestoration Design team based their design modifications on a three-dimensional (Flow 3D) hydraulic model (CFD). The CFD modeling, which outputs depths, velocities, and other data, also allows for the comparison of visual conditions of the wave shape 1. The models were calibrated to measured flow depths within the whitewater park2 and modeled existing, as well as proposed conditions. CFD models were run at flow rates that mimicked one of the photos taken at the site and visually compared for agreement. It was difficult to evaluate the existing to modeled features as well as the proposed features with the images shown. S2o would like to see more visual comparisons (at varying flow rates) and a table of modeled vs. measured water surface elevations in order to evaluate the accuracy of the baseline model as well as the performance of the proposed features. 1 There is some debate about the accuracy of CFD modeling at predicting wave shapes, particularly at the air water interface. However, it is universally a better indicator than one or two-dimensional modeling and exceeds typical standards of care for whitewater park design. 2 A table to show this calibration, as would be standard in this type of report, was not provided. ATTACHMENT C - WHITEWATER PARK 3 318 McConnell Dr. Lyons, CO, 80540 Proposed geometric changes were input into the calibrated model and evaluated to see if undesirable flow conditions were mitigated at higher flows without impacting the hydraulic features at lower flows. These modifications included restoring damaged areas of the park and removing some of the boulders around the drop structure. Suggested changes to the wave appeared to mitigate the dangerous hydraulic, thereby accomplishing the goal of the project. However, these changes also appear to remove much of the recreational value of the feature at lower flows. Given the way Flow-3d renders certain flow conditions this can be a function of the way that the model has represented the feature. It is S2o’s opinion that the Town of Avon should consider if the new configuration meets the original objectives for the project (from a recreational standpoint) and that the Town should request additional views and calibration data in order to ascertain this. With that caveat it appears that the process undertaken, which includes the CFD modeling, and which proposed changing the amount of constriction and energy in the drop at higher flows is a sound approach to this design. The proposed geometric changes of widening and lowering the constriction and drop respectively are typical for addressing this type of issue and the use of CFD to evaluate them is a gold-standard approach to evaluation the success of the project. Risks There are a number of issues that the County should consider or request more information on. These include: 1) Are the County, public, and its stakeholders ok with the change in character of Bob Sr? 2) Has the USACE been notified of the proposed work and approved in-stream construction? 3) Was a floodplain development permit attained for the work? 4) Is there an RICD for this project, and, if so, does the Town need to consider whether these changes affect that RICD? It is likely that USACE permits and a floodplain development permit were attained. If it has not been attained, then this needs to be completed prior to start of construction. Not Evaluated The provided documents do not address permitting, water control plans (likely not needed), fish passage analysis, construction staging and access and BMPs needed to meet the current standard of care. These items will be evaluated by the USACE as a part of their review in consultation with Colorado Parks and Wildlife if this approval is needed to enter the water. 333333 333333333333333333333333333333333333333333 s, CO,,,888888888888888888888888888888888888888888888888888888880505050500000000000000000000000000000000000000000000040 ATTACHMENT C - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 February 4, 2020 Page 1 of 5 Justin Hildreth Town Engineer 100 Mikaela Way Avon, CO 81620 Subject: Responses to S2o’s Review of the Avon Whitewater Park 2019 3D Hydraulic Modeling Analysis Report Dear Mr. Hildreth, The following correspondence describes RiverRestoration’s review and responses to S2o’s Draft Memo, dated January 9th, 2020, detailing their review of the Avon Whitewater Park 2019 3D Hydraulic Modeling Analysis Report (December 9th, 2019). We appreciate the opportunity to provide feedback in response to questions asked by S2o during their review of the 3D hydraulic modeling effort and the associated report. The following memo details RiverRestoration’s responses and provides clarification to the questions posed by S2o as part of their review process. Thank you for your continued support of the project and its success. Respectfully, Dan Woolley, MSCE RiverRestoration PO Box 248, Carbondale, CO 81623 970-947-9568 dan.woolley@riverrestoration.org ATTACHMENT D - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 February 4, 2020 Page 2 of 5 RiverRestoration’s response is formatted to provide clarifying comments by Section of S2o Design’s design review memo. Introduction NA Scope of Evaluation S2o has based their evaluation of the likely success of the proposed maintenance activities on the provided engineering drawings 2019 Maintenance, Bob Senior Wave Feature (December 2019) and the supporting design report Avon Whitewater Park 2019 3D Hydraulic Modeling Analysis Report (December 9th, 2019). For completeness, it is recommended that S2o also review the Final Letter Report for 2019 Maintenance Activities, Avon WWP (8/30/2019), which details the reasoning for the proposed modifications. This document has been included as an attachment to RiverRestoration’s response. Background The 2018/2019 maintenance activities undertaken at the Bob Sr. feature were intended to restore a desirable recreational experience to the wave, which was altered by significant flooding of the Eagle River in Avon during spring runoff in 2010 and 2011. Moreover, improvements to the navigability of the wave feature were also sought through these changes as described in RiverRestoration’s August 30, 2019 memo on page 6 of 16: “Figure 10 shows an overview of the boulders to be remove, lowered and repositioned to create submerged jets to either side of the main wave feature, generated by the precast wave block and large feature boulders, that will push through the wave creating weaker undulating hydraulic jumps on the margins of the wave feature. These jets will provide two services, (1) create safe passage routes along the sides of the wave features by preventing the formation of a submerged hydraulic jump where removed and (2) reduce the overall headloss and associated power of the hydraulic jump at the locations within the cross section where the boulder are to be removed.” Design Process For the purposes of this modeling analysis RiverRestoration developed a Scope of Work, describing our anticipated level of effort, for the hydraulic evaluation of modification alternatives. As described in our contract with the Town of Avon, dated September 13, 2019 “Up to two (2) Proposed Condition alternatives will be evaluated at up to three (3) separate flow conditions.” As of this time RiverRestoration has successfully completed this Task as described. The three flow rates selected for the modeling exercise were chosen to describe a relatively high flow (2,800 cfs), medium flow (1,400 cfs) and low flow (730 cfs) condition. These flow rates were also selected to associate model outputs with available ATTACHMENT D - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 February 4, 2020 Page 3 of 5 photography of the wave following maintenance activities performed between 2007 and the spring of 2010, when a desirable wave feature formed. The medium flow rate of 1,400 cfs was also chosen in that it is the claimed RICD flow rate at the Bob Sr. wave feature. Following initial reports in the spring of 2019, indicating that the Bob Sr. wave feature was not performing as intended, RiverRestoration began monitoring the feature through photographic documentation and collection of water surface elevations upstream and downstream of the feature. In total four separate flow rates were documented between June 10 and October 1, 2019. In lieu of additional survey monitoring dates, regression analysis was performed to develop a relationship between flow rates and water surface elevations at the modeled flows. This regression analysis was used to establish boundary conditions for the numerical simulations where field collected data were not available (Figure 1and Figure 2). Figure 1 Water surface elevations collected downstream of the Bob Sr. wave feature correlated with discharges obtained from the USGS stream gaging site Eagle River below Wastewater Treatment Plant at Avon, CO (09067020) 6/10/2019 7/2/2019 8/2/2019 10/1/2019 730 1400 2800 y = -8E-08x2 + 0.002x + 7412 R² = 0.9912 7411 7412 7413 7414 7415 7416 7417 7418 7419 0 500 1000 1500 2000 2500 3000 3500 4000Water Surface Elevations (ft)Discharge (cfs) Upstream of Bob Sr. ATTACHMENT D - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 February 4, 2020 Page 4 of 5 Figure 2 Water surface elevations collected upstream of the Bob Sr. wave feature correlated with discharges obtained from the USGS stream gaging site Eagle River below Wastewater Treatment Plant at Avon, CO (09067020) These data were also used to calibrate the Existing Conditions Flow 3D hydraulic model to within 0.1 ft of survey values, as described in the Avon Whitewater Park 2019 3D Hydraulic Modeling Analysis (December 9th, 2019). “Using water surface elevation data collected by RRO throughout the 2019 high water season, the numerical simulations were calibrated to three flow rates for evaluation. Boundary conditions were dictated by surveyed water surfaces and the downstream USGS stream gage 09067020 (Eagle River Below Wastewater Treatment Plant at Avon, CO). Water-surface elevations upstream and downstream of the Bob Sr. Wave Feature were simulated within 0.1-ft of the surveyed values.” Several Alternatives were considered for this project; however, given the project constraints, the selected alternative was determined to be the most feasible for construction. Specifically, the Town of Avon expressed a desire to minimize construction costs and to make the repairs in the winter of 2019/2020. Other more complex alternatives would have been more expensive to construct and could have initiated more involved oversight by the US Army Corps of Engineers (USACE) by altering the size, scope, and character of the previously authorized structure being maintained beyond those originally envisioned in the Individual Permit issued by the USACE in 2006. Risks 1) As described above in RiverRestoration’s reports dated 8/30/2019 and 12/9/2019, strong anecdotal evidence (photo documentation of the past wave forms) as well as 3D numerical simulations suggests that a desirable recreational wave feature will form at and above the claimed RICD flow rates. 2) The USACE has been notified of this project and has given approval of the proposed “maintenance” activities, based on a description of the activities provided by RiverRestoration on August 15, 2019. The project has been permitted 6/10/2019 7/2/2019 8/2/2019 10/1/2019 730 1400 2800 y = -2E-07x2 + 0.002x + 7410.9 R² = 0.9984 7410 7411 7412 7413 7414 7415 7416 0 500 1000 1500 2000 2500 3000 3500 4000Water Surface Elevations (ft)Discharge (cfs) Downstream of Bob Sr. ATTACHMENT D - WHITEWATER PARK P.O. Box 248, Carbondale, CO 81623 February 4, 2020 Page 5 of 5 using a combination of a Maintenance Exemption for work proposed at the wave feature and a Nationwide 33 permit to allow for access from the boat ramp upstream approximately 100 ft to the wave feature. Correspondence from the USACE is included with this response. 3) This project proposes to remove boulder from the wave structure, which is currently set to the approximate elevations established during the original construction activities in 2006. A floodplain compliance analysis was performed as part of the original design and construction work. Because of the reduction in cross sectional area fill, RiverRestoration does not believe an addition floodplain compliance study is needed. If additional coordination with the Town Floodplain Manager is required RiverRestoration is available to assist the Town in this effort. 4) The established RICD flow rate is 1,400 cfs, which corresponds to the medium flow rate modeled. Upstream the Baby Bob wave feature claims 200 cfs and the Bob Jr. wave feature claims 350 cfs. This is important because the Bob Sr. wave feature was never intended to provide a recreational experience at lower flows. Furthermore, because the other two wave features claim the lesser flow rates by providing recreational experiences at the lower flows, the Bob Sr. wave feature does not need to create a desirable experience at flows less than its claimed rate of 1,400 cfs. Based on the photographic evidence and the numerical simulations, it is believed that the proposed maintenance at the Bob Sr. wave feature will not negatively impact recreational opportunities at the site and will in fact result in a significantly better recreational experience for users at the target flows that simultaneously provides for enhanced navigation for downstream use. Not Evaluated RiverRestoration’s contract with the Town of Avon explicitly assumes that Diggin It River Works Inc. will be responsible for construction activities in the winter of 2019/2020 and that the standard of care for construction staging, access and BMPs used in the work performed in the winter of 2018/2019 shall be maintained. Furthermore, water control will not be required for the construction of the selected alternative. The proposed project is permitted with the USACE as Maintenance Exemption and under NWP 33 for access. These permits do not require further Pre‐construction Notification (PCN) to the USACE, within this reach of the Eagle River. As part of the concurrence process, the USACE staff coordinates with Colorado Parks and Wildlife staff as they see fit. Water control BMP’s such as coffer dams will not be constructed for this project because the work area does not require isolation. The contractor shall monitor turbidity downstream of the project and implement additional BMP’s and/or take frequent breaks to reduce turbidity and allow sediments to settle prior to the re-initiation of construction activities. ATTACHMENT D - WHITEWATER PARK [970-949-4023] [cmcwilliams@avon.org] TO: Honorable Mayor Smith Hymes and Council members FROM: David McWilliams, Town Planner and Matt Pielsticker, Planning Director RE: RESOLUTION 20-01 APPROVING A FEES-IN-LIEU CALCULATION FOR THE FRACTIONAL REMAINDER OF THE EMPLOYEE MITIGATION REQUIREMENT GENERATED FROM CHAPTER 7.20.100, EMPLOYEE HOUSING MITIGATION DATE: February 6, 2020 SUMMARY: Before Council is a resolution approving a fees-in-lieu calculation for the fractional remainder of the Employee Mitigation Requirement generated from Chapter 7.20.100, Employee Housing Mitigation. BACKGROUND: In 2019, Town Council approved Ordinance 19 -03, requiring housing mitigation (linked below) for many new development types. Applicants are required to offset a portion of employees generated with construction of new units or placing a deed restriction on existing units, as set forth in chapter 7.20.100(f) of the Avon Municipal Code. Town Council is required to certify the mitigation profile for a given project. For the Employee Housing Mitigation requirement generated that totals less than 1.0 employee, a fee-in-lieu is permitted. This Resolution defines how the fee will be calculated. FEE RATIONALE: The fee-in-lieu calculation (first chart in Exhibit A) follows a model used by Eagle County and breaks down the difference between an employee vs. market rate house as a question of price per square foot in order to compare the two markets. For the formula, staff proposes the difference between the prevailing market prices ($382.30 for the entire County, calculated for 2018. The 2019 information is available through the Eagle Valley Home Store in Spring 2020. An MLS report for 2019 generated a price per square feet at $427.27 in Avon alone.) and the maximum affordable sales price to use a family of three (3) at 80% Area Median Income (AMI). Staff encourages a debate regarding the 80% AMI number, but not the formula itself. The three (3)-member household is used to represent an aspirational average family seeking a house, and the average Avon household is 2.78 persons. Avon’s 2018 Community Housing Plan informed the lowest AMI to target. The plan states: • As sites redevelop, strive for “no net loss” of units in the 80-120% AMI range, and when possible, increase housing serving the local year-round population. • When considering new rental housing, prioritize price point, quality and amenities attractive to “step up” renters and seniors looking to downsize, focusing on the 80-120% AMI level. The final consideration goes back to square footage. The code defines a studio as a minimum 500 square foot unit offsetting 1.25 employees. In other words, one (1) employee would occupy 400 square feet. Therefore, the model takes the fractional employee mitigation required (e.g. .95 employee equivalents required to be offset in the first example below) to be offset, multiplied by the minimum square footage for an employee (400), multiplied by the fee per square foot ($217.71). The 80% AMI rate proposed yields $87,483 per employee equivalent, while an AMI of 100% would produce a fee-in-lieu of $65,389 per employee equivalent. The funds collected go to the Affordable Housing Fund (currently valued at $989,769), to be used for future projects and collaboration. The 80% AMI requirement would enhance the Town’s goal of producing housing available for people at that target. [970-949-4023] [cmcwilliams@avon.org] Calculation of Fees-in-Lieu 80% AMI 100% AMI 120% AMI A Area Median Income for Family of 3 $67,680 $84,600 $101,520 B Maximum Initial Sales Price $234,578 $293,222 $352,994 C Average Deed Restricted Unit SF 1,221 1,221 1,221 D Affordable Price per square Foot $192.12 $240.15 $289.10 E Market Price per Square foot $382.30 $382.30 $382.30 F Administrative Fee 15% 15% 15% G Payment in Lieu per Square Foot $218.71 $163.47 $107.18 Minimum Square Footage Per Employee Equivalent 400 400 400 H Payment for One Employee Equivalent $87,483.00 $65,389.35 $42,872.00 D = B / C G = E – D * (1+F) H = Number to multiply the fractional remainder by in order to get the fee for a given project EXAMPLES Lot B USE Units Emp. Rate Jobs Jobs/ Emp. Total Emp. Generated Mitigation Rate Emp. Mitigation Required Lodge/Hotel 142 .8/Rm 113.6 1.2 94.7 20% 18.93 Prop. Management 4 .4/Rm 1.6 1.2 1.3 20% 0.27 Commercial SF 536 2.8/1000 1.5 1.2 1.3 20% 0.25 19.45 Employee Mitigation Credited 3 br @ 3.5 Emp / unit 2 br @ 2.25 Emp. / unit 1 br @ 1.75 Emp. / unit Studio @ 1.25 Emp. / unit Fractional Remainder Fee-in-Lieu Required 80% Fee-in-lieu Required 100% 4 units, 14 Emp. 2 units, 4.5 Emp. =19.45- (14+4.5) =0.95 =.95 * $87,483= $83,121 =.95 * $65,389= $62,127 Sheraton Mtn Vista USE Units Emp. Rate Jobs Jobs/ Emp. Total Emp. Mitigation Rate Emp. Mitigation Required Lodge/Hotel 190 .8/Rm 144 1.2 120.0 20% 24.00 Prop. Management 0 .4/Rm 0 1.2 0.0 20% 0.00 Commercial SF 11,000 2.8 30.8 1.2 25.7 20% 5.13 29.13 [970-949-4023] [cmcwilliams@avon.org] Employee Mitigation Credited 3 br @ 3.5 Emp / unit 2 br @ 2.25 Emp. / unit 1 br @ 1.75 Emp. / unit Studio @ 1.25 Emp. / unit Fractional Remainder Fee-in-lieu 80% Fee-in-lieu 100% 7 units, 24.5 Emp. 3 units, 3.75 Emp. =29.13- (24.5+3.75) =0.88 =.88 * $87,483= $77,157 =.88 * $65,389= $57,672 Colorado World Resorts USE Units Emp. Rate Jobs Jobs/ Emp. Total Emp. Mitigation Rate Emp. Mitigation Required Lodge/Hotel 0 .8/Rm 0 1.2 0.0 20% 0.00 Prop. Management 81 .4/Rm 32.4 1.2 27.0 20% 5.40 Commercial SF 0 2.8 0 1.2 0.0 20% 0.00 5.40 Employee Mitigation Credited 3 br @ 3.5 Emp / unit 2 br @ 2.25 Emp. / unit 1 br @ 1.75 Emp. / unit Studio @ 1.25 Emp. / unit Fractional Remainder Fee-in-lieu 80% Fee-in-lieu 100% 2 units, 3.5 Emp. 1 unit, 1.25 Emp =5.4- (3.5+1.25) =0.65 =.65 * $87,483= $56,862 =.65 * $65,389= $42,502 RECOMMENDATION: I recommend approval of the resolution. OPTIONS: Town Council could change the AMI in the formula to another number that better accomplishes the goals of the Chapter 7.20.100 and the Comprehensive Plan. Further, Town Council could request additional information regarding the table inputs. PROPOSED MOTION: “I move to approve Resolution 20-01, thereby approving a fees-in-lieu calculation for the fractional remainder of the Employee Mitigation Requirement generated from Chapter 7.20.100, Employee Housing Mitigation.” Thank you, David McWilliams ATTACHMENT: A - Resolution 20-01 EXHIBIT: A - Community Housing Fee-In-Lieu Calculation LINK: Chapter 7.20.100 – Employee housing mitigation. TOWN OF AVON RESOLUTION 20-01 A RESOLUTION APPROVING THE FEES-IN-LIEU REQUIREMENT FOR THE EMPLOYEE MITIGATION REQUIREMENT WHEREAS, the Town of Avon (the “Town”) requires Employee Housing Mitigation for certain new development pursuant to Chapter 7.20.100, Employee Housing Mitigation, Avon Municipal Code; WHEREAS, the Avon Comprehensive Plan strives to meet a diverse range of housing types to serve all segments of the population, including the following policy directives: Policy E.1.1: Establish policies and programs, which address housing needs that are attainable to different Area Median Income (AMI) ranges. Evaluate the mitigation rate required of development. Policy E.1.3: Provide attainable housing through alternative means, including but not limited to: payment-in-lieu, land dedication, regulatory requirements, deed restrictions, waiver of development and building fees, and public-private partnerships that reduce the price of units. WHEREAS, the Avon Community Housing Plan seeks “no net loss of units in the 80%-120% AMI range” as sites redevelop, including securing new funding sources such as increased linkage fees; and WHEREAS, the Avon Town Council finds that targeting 80% AMI for the fees-in-lieu formula is appropriate in order to strengthen the Town’s Affordable Housing Fund and leverage Community Housing projects with public-private partnerships; and WHEREAS, the Town is required per Chapter 7.20.100(f)(5), Avon Municipal Code, to determine a fees-in-lieu calculation for the fractional remainder of the Employee Housing Mitigation requirement generated from the development; NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Avon, Colorado that Exhibit A – Community Housing Fee-In-Lieu Calculation is certified as the fee-in-lieu calculation for the fractional remainder of development required to be offset by Chapter 7.20.100(f)(5), Avon Municipal Code. MOVED, READ AND ADOPTED by the Avon Town Council, on January 14, 2020. TOWN OF AVON, COLORADO ________________________________ Sarah Smith-Hymes Mayor ATTEST: ___________________________ Brenda Torres Town Clerk Avon Affordable Housing Mitigation 1 Exhibit A to Avon Town Council Resolution 20-01 Community Housing Fee-In-Lieu Calculation The Fee-in-Lieu (FIL) fee is calculated based on the difference between the market price of housing and the price that is affordable to households with incomes targeted by the Avon Community Housing Plan. The following method shall be used by the Town Planning Department staff to calculate the FIL and present the results to Town Council for certification. Subtracting the maximum affordable housing cost (defined as housing cost not to exceed 30% of gross income and based on a 30 year fixed mortgage at 5.5% interest with a 10% down payment) for a residential unit at 80% of the area median income for Eagle County, Colorado, as calculated in accordance with the most current U.S. Department of Housing and Urban Development area median income figures (AMI) from the average market-based housing cost per square foot (calculated annually and included in the Eagle County Affordable Housing Guidelines) for a residential unit, with a 15% administrative fee. This is the total payment required to satisfy one (1) employee equivalent. 80% AMI Area Median Income for Family of 3 $ 67,680.00 Maximum Initial Sales Price $ 234,578.00 Average Deed Restricted Unit SF $ 1,221.00 Affordable Price per square Foot $ 192.12 Market Price per Square foot $ 382.30 Administrative Fee 15% Payment in Lieu per Square Foot $ 218.71 Minimum Square Footage Per Employee Equivalent 400 Payment for One Employee Equivalent $ 87,483.00 To determine the amount of Employee Housing Mitigation that must be provided, the following formulas shall be used: Table 7.20-14 Employee Housing Mitigation Formulas Factor Calculation Commercial Size of development Leasable square feet Workers Required 2.8 per 1,000 sq. ft. Rate x sq. ft./1,000 Jobs per Employee 1.2 Workers Generated/1.2 Required mitigation 20% mitigation Jobs generated x 20% Avon Affordable Housing Mitigation 2 Lodging and Property Management Size of development # of rooms or # of units Workers Required Lodge/hotel - 0.8/ room; # of rooms x 0.8 Prop. management - 0.4/ unit # of units x 0.4 Jobs per employee 1.2 jobs per employee Workers Generated/1.2 Required mitigation 20% mitigation Workers generated x 20% Residential Size of development # of Dwelling Units Workers Required .33 per Dwelling Unit # of units x 0.33 Jobs Per Employee 1.2 Workers Generated/1.2 Required mitigation 20% mitigation Workers Generated x 20% All proposed units shall comply with the minimum size requirements shown in Table 7.20-15, and all applicable design requirements. Table 7.20-15 Minimum Size of Housing Units Type Minimum Size of Unit (Square Footage) Number of Employees Housed Studio 500 1.25 1 bedroom 750 1.75 2 bedrooms 900 2.25 3 or more bedrooms 1,225 3.5 Avon Affordable Housing Mitigation 3 The total FIL is calculated by subtracting the unit type(s) offset (per Table 7.20-15) from the employee mitigation required (per Table7.20-14), at the fractional remainder of the requirement (per 7.20.100(f)(5)), where one employee is credited 400 square feet. For example, a project with 142 hotel rooms, 4 condo units, and 536 square feet of retail would be required to offset the equivalent of 19.45 employees, per the table below: Employee Mitigation Generator USE Units Emp. Rate Jobs Jobs/ Emp. Total Emp. Generated Mitigation Rate Emp. Mitigation Required Lodge/Hotel 142 .8/Rm 113.6 1.2 94.7 20% 18.93 Prop. Management 4 .4/Rm 1.6 1.2 1.3 20% 0.27 Commercial SF 536 2.8/1000 1.5 1.2 1.3 20% 0.25 19.4501 While there are several ways to offset the requirement, a sample method is illustrated below: Employee Mitigation Credited 3 br @ 3.5 Emp / unit 2 br @ 2.25 Emp. / unit 1 br @ 1.75 Emp. / unit Studio @ 1.25 Emp. / unit Total Employees Housed Fractional Remainder of Employee Employee Equivalent Factor Payment in Lieu Required 4 units, 14 Emp. 2 units, 4.5 Emp. 18.5 =19.4501- (14+4.5)= 0.9501 $87,483.46 =.95 * $87,483= $83,121.46 970-300-4373 pwisor@garfieldhecht.com TO: Honorable Mayor Smith Hymes and Councilmembers FROM: Paul Wisor, Town Attorney RE: Ordinance 20-02 Designating Locations for Posting Notice of Public Meetings DATE: February 4, 2020 SUMMARY: Section 24-6-402(2)(c), C.R.S. requires the Town to annually designate the public place for posting notices in order to comply with the Colorado Open Meetings Law. At the first meeting of each year, staff has prepared, and Council has adopted, a resolution designating locatio ns at which notice of meetings are to be posted in order to comply with the statute. In order to conserve time, Ordinance 20-02 permanently designates four locations, plus the Town’s website as the permanent locations for posting notice of meetings. Staff requests Council approve Ordinance 20-02. BACKGROUND: The Colorado Open Meetings Law has long required municipalities to annually designate the public place for posting notices. However, in 2019, the Colorado General Assembly approved, and the Governor signed, HB 19-1087, which provides municipalities shall be deemed in compliance with the Colorado Open Meetings Law if a municipality designates its website as the public place for posting. The Town has long designated Town Hall, the Recreation Center, Avon Library and Avon Elementary School as well as the Town’s website as the places for public posting. As such, the Town’s past practices already comply with HB 19-1087. While the Town could merely post notices on its website, staff believes in the interest of full transparency it is a best practice to continue to post in locations throughout the community. While state law indicates designation of posting locations should occur on an annual basis, the Town may invoke its home rule authority to satisfy the requirements of the Colorado Open Meetings Law through other approaches. No longer wishing to annually d esignate the same public places as the locations for posting notice of meetings, Ordinance 20-02 permanently designates Town Hall, the Recreation Center, Avon Library and Avon Elementary School as well as the Town’s website as the locations for public posting of meetings. Ordinance 20-02 applies to all Council, Board and Commission meetings that are required to be noticed pursuant to state law. FINANCIAL CONSIDERATIONS: None. RECOMMENDATION: Staff recommends approval to comply with state statute. PROPOSED MOTION: “I move to approve Ordinance 20-02 Designating Establishing Permanent Locations for Posting Notice of Public Meetings.” Thank you, Paul ATTACHMENTS: Ordinance 20-02 Ord 20-20 Permanent Locations For Posting Notice of Public Meetings, February 4, 2020 Page 1 of 5 ORDINANCE NO. 20-02 SERIES OF 2020 ADOPTING A NEW CHAPTER 1.15 OF TITLE 1 OF THE AVON MUNICIPAL CODE ESTABLISHING PERMANENT LOCATIONS FOR POSTING NOTICE OF PUBLIC MEETINGS WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon (“Town”), the Town Council (“Council”) has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, local public bodies, including Council, are required by the Open Meetings Law, and specifically §24-6-402(2)(c), C.R.S., to designate annually at the first regular meeting of each calendar year the locations at which public notice of each meeting will be posted at least twenty four (24) hours prior to each meeting; and WHEREAS, Section 11.2 of the Avon Home Rule Charter authorizes Council to create any Boards and Commissions; and WHEREAS, pursuant to Section 11.2(a) of the Avon Home Rule Charter, Council may establish rules governing the rules or procedures of any Board or Commission; and WHEREAS, Boards and Commissions established by Council are “local public bodies” subject to the requirements of the Open Meeting Law, including the requirement found in §24-6- 402(2)(c) to designate locations at which public notice of certain meetings will be posted at least twenty four (24) hours prior to each meeting; and WHEREAS, Council wishes to comply with the requirements of §24-6-402(2)(c) by permanently establishing locations at which public notice of each meeting subject to notice requirements shall be posted at least twenty four (24) hours prior to each Council, Board or Commission meeting, as applicable; and WHEREAS, Council finds that permanently establishing locations at which public notice shall be posted of each Council meeting and any other Board or Commission meeting subject to notice requirements will promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence and that approval of this Ordinance on first reading does not constitute a Ord 20-20 Permanent Locations For Posting Notice of Public Meetings, February 4, 2020 Page 2 of 5 representation that Council, or any member of Council, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of Council. Section 2. Addition of Chapter 1.15 to Title 1 of the Avon Municipal Code. Chapter 1.15, “Permanent Locations For Posting Notice For Public Meetings” to read as set forth in Exhibit A: Addition of Chapter 1.15 to Title 1 of the Avon Municipal Code, attached hereto. Section 3. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term “provision” means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term “application” means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 4. Effective Date. This Ordinance shall take effect thirty days days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. Safety Clause. Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Ord 20-20 Permanent Locations For Posting Notice of Public Meetings, February 4, 2020 Page 3 of 5 Section 7. Codification of Amendments. The codifier of the Town’s Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. [SIGNATURE PAGE FOLLOWS] Ord 20-20 Permanent Locations For Posting Notice of Public Meetings, February 4, 2020 Page 4 of 5 INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on February 11, 2020 and setting such public hearing for February 25, 2020 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk ADOPTED ON SECOND AND FINAL READING on February 25, 2020. BY: ATTEST: ____________________________ ____________________________ Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk APPROVED AS TO FORM: ____________________________ Paul Wisor, Town Attorney Ord 20-20 Permanent Locations For Posting Notice of Public Meetings, February 4, 2020 Page 5 of 5 EXHIBIT A: ADDITION OF CHAPTER 1.15 TO TITLE 1 OF THE AVON MUNICIPAL CODE CHAPTER 1.15 PERMANENT LOCATIONS FOR POSTING NOTICE OF PUBLIC MEETINGS The following places are designated as the permanent locations for posting notice of all meetings held by Council or any Board or Commission where posting notice of such meeting is required pursuant to state law: Avon Town Hall, 100 Mikaela Way Avon Recreation Center, 90 Lake Street Avon Public Library, 200 Benchmark Road Avon Elementary School, 850 W Beaver Creek Boulevard Town of Avon website – www.avon.org All notice of meetings of Council, Boards and Commissions required hereunder shall be posted at least twenty four (24) hours prior to each meeting. 970.748.4413 mpielsticker@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Matt Pielsticker, Planning Director RE: Opportunity Zone Prospectus DATE: February 6, 2020 SUMMARY: Staff prepared an Opportunity Zone Prospectus to help potential investors understand the unique opportunities and challenges presented by the local and regional real estate and economic development environments. The Prospectus attached was prepared as a collaborative team effort including the General Government, Community Development, and Finance Departments. OPPORTUNITY ZONE: Opportunity Zones, enacted as part of the 2017 federal Tax Cuts and Jobs Act, seek to promote economic vitality by incentivizing new development with favorable tax treatment of reinvested capital gains and forgiveness of tax on new capital gains. The Town of Avon’s census tract #000503 was submitted by Staff to the U.S. Treasury for formal approval in late 2017. The designation was later approved in 2018. In turn, Avon’s approved Opportunity Zone comprises the majority of the Town and includes all developed and undeveloped portions of the valley floor. Opportunity Zones are designed as a tool for communities to invite and create local and regional opportunity development. BACKGROUND: Avon hosted a workshop on January 8, 2019 bringing together stakeholders to learn about Opportunity Zones and how they might apply to local projects. The workshop was attended by developers, fund managers, real estate brokers, investors, and elected officials. On the same evening, the Colorado Office of Economic Development and International Trade’s (OEDIT) Strategic Initiatives Manager for the OZ program presented to the Town Council. Direction to pursue an Opportunity Zone Prospectus was provided by the Town Council. A grant from the Department of Local of Affairs (DOLA) for $25,000 was acquired to utilize professional services for the effort. After a competitive RFP process, the Town engaged a consultant team to assist with the creation of the Prospectus. The Town ultimately terminated contract work due to work product and schedule deficiencies. Since that time Staff collaborated to finalize the Prospectus. CONTENT: The content and format of the Prospectus was developed based upon a review of comparable documents in other communities that contain Opportunity Zones. The attached Prospectus follows the typical format and content found in other Prospectuses. It includes general demographic and economic trend information first on the Avon community, then the specific development properties. Of particular focus is Avon’s infill potential for housing and existing commercial spaces. Also highlighted is the demand for luxury residential product. The Town recently retained HVS to conduct a “Hotel Development Market Demand Analysis.” Pertinent information related to Avon’s specific market capture and demand rate for hospitality project(s) will be incorporated into the document, targeted for completion in early March. IMPLEMENTATION: No formal action is sought or required by the Town Council. The Prospectus will be published on the Town’s website after the February 11th council meeting. Once published, it will be shared with the OEDIT’s Opportunity Zone webpage which includes others. It will be considered a working document that can be updated as needed and can be used as an investment marketing tool for Avon beyond the Opportunity Zone consideration. As mentioned, a summary of findings from the Hotel Development Market Demand Analysis will be added. 970.748.4413 mpielsticker@avon.org REQUESTED ACTION: No formal action is sought or required by the Town Council. The Prospectus will be published and updated periodically as mentioned above. ATTACHMENT: Opportunity Zone Prospectus PowerPoint Thank you, Matt Avon's family-oriented community and established resort economy provides a unique mountain lifestyle and opportunity for investment.Known as the ‘Heart of the Valley,’ Avon is located on the Eagle River, adjacent to Beaver Creek resort and seven miles west of Vail resort. Resort development, housing, health services, regional retail and community services are the primary segments of Avon’s growing economy. Investment Prospectus Primed for Investment Avon Snapshot •The Town of Avon is located in the stunning Rocky Mountains of Colorado along the scenic Eagle River. The town serves as a gateway to the world-class Beaver Creek Resort and is eight miles west of world-famous Vail •Located in Heart of the Vail Valley •Eagle River runs through Town •Easy access to I-70 and Hwy 6 •Abundant Outdoor Recreation •Pedestrian Friendly •Local Tourist Economy with Strong Financial Standing Easily accessible from Intertate-70 and Highway 6Recreation on the Eagle River Mountain Biking in Avon Preserve Avon looking at Beaver Creek Recreation on Nottingham Lake Avon’s approved Opportunity Zone comprises the majority of the town and includes all developed and undeveloped portions of the valley floor. Census tract is 26.1 square miles Opportunity Zone The only Opportunity Zone in Eagle County! Edwards Avon Vail Location •Avon is located along I-70 between two famous ski resorts, Vail and Beaver Creek •Avon is accessible from two airports; •DIA (129 Miles) •EGE (25 miles) •Abandoned Union Pacific rail line connects the valley communities, presenting future transit and recreation prospects Location 7 minutes to Beaver Creek Ski Area 12 minutes Vail Ski Area 30 minutes to EGE 2 hours to DIA 2 hours to DIA Population Population by Age: •Biggest age groups are ages 30-39, followed by ages 0-9 and ages 20-29 Population by Employment Status: •84.1% Labor Force Participation •84.1% Employment Rate •0% Unemployment Rate Population by Place of Birth •65.37% of Avon residents were born in the United States, with 31.20% born in Colorado •31.25% of residents are not US Citizens •34.63% of residents are foreign born, the largest percentage are form Latin America Sources: datausa.io and worldpopulationreview.com Town/ County 2019 Population Percent Change Avon 6,503 0.92% Edwards 9,202 -0.31% Vail 5,425 1.16% Eagle County 53,726 1.57% Vail 5,425 Avon 6,503 Edwards 9,202 Eagle County 53,726 Public Investment in quality Infrastructure & Special Events •Streetscape beautification and focus on walkability •Robust Capital Improvements plan for continued enhancements –funded by RETT •Growing cultural arts and special events calendar for year-round vitality Avon Snapshot •Located in heart of the Vail Valley •Eagle River runs through Town •Easy access to I-70 and Hwy 6 which both run through Town •Abundant outdoor recreation •Pedestrian friendly Transportation •Town is easily accessible due to location on Interstate 70 (I-70) •Avon Transit offers free year round transportation around town and a free Skier Shuttle & Restaurant Shuttle in the Winter Season •ECO Transit provides environmentally sensitive public transportation choices between both ends of the Eagle Valley •Avon partnered with Zagster, a company that specializes in providing municipal bike-sharing programs. These 'townie' bikes are meant to help residents and guests conveniently get around Avon to reach basic amenities •Regional Recreation Paths •Riverfront Village Gondola provides a multi- modal connection to Beaver Creek •Locals and visitors can discover Avon’s restaurants, recreation facilities, parks, library, retail stores, ice skating, Eagle River access with 400+ FREE parking spaces. These spaces provide access to free buses and the free Riverfront Express Gondola The Riverfront Gondola provides a multi-modal connection to Beaver Creek Schools & Education Avon, CO | Educational Attainment by Sex (over 25) Schools Enrollment # Colorado Mountain College (CMC) Edwards Campus 5,174 1,360 Battle Mountain High School (BMHS)945 Vail Mountain School (VMS)433 Vail Ski & Snowboard Academy (VSSA)178 Vail Christian High School (VCHS)140 Homestake Peak 574 Eagle County Charter Academy 346 Stone Creek Charter School (2 Edwards Campuses)176 Avon Elementary 292 In Addition there are a number of pre-schools Walking Mountains Science Center Walking Mountains Science Center is a 501(c)(3) nonprofit, offering region- wide environmental science education in the Eagle Valley that involves students K-12 in the natural world. They reach more than 4,000 students annually in 23 public and private schools located throughout the Eagle Valley. In addition, they serve 61,000+ residents and visitors in the Eagle Valley (Vail Valley) through engaging adult and family programs in natural science and sustainability. Socio-Economic •Population: 6,503 •Median Household Income: $61,791 •Median Age:32.3 years •Median Property Value:$431,800 •Number of Persons/Household: 3 •Total Number of Housing Units:4,052 •Residential Occupancy: 53% Sources: worldopulationreview.com and censusreporter.org 5,400 5,600 5,800 6,000 6,200 6,400 6,600 6,800 1995 2000 2005 2010 2015 2020 Avon Population Growth Commercial From 2016 to 2017, employment in Avon, CO grew at a rate of 4.55%, from 3.92k employees to 4.09k employees. The most common employment sectors for those who live in Avon, CO, are Accommodation & Food Services (665 people), Construction (521 people), and Other Services, Except Public Administration (496 people). This chart shows the share breakdown of the primary industries for residents of Avon, CO, though some of these residents may live in Avon, CO and work somewhere else. Growth in accommodation sales and growth in retail sales $995,540.41 $1,132,575.91 $1,289,879.44 $1,333,938.61 $1,334,306.14 $1,461,702.12 2014 2015 2016 2017 2018 2019 ACTUAL COLLECTIONS Annual Accommodation Tax Collections 2014-2019 $4,542,331$4,858,983$5,010,131$4,982,537$5,292,660$5,609,8022014 2015 2016 2017 2018 2019 Sales Tax Revenues (Retail Only) 2014-2019 Commercial Rental rates 2015-2019. •Fluctuations in Average Daily Room Rate by month and by season •Fluctuations in Average Daily Room Rate, based on snowfall each year •Strong room rates in the ski season months; January through April - 50.00 100.00 150.00 200.00 250.00 300.00 350.00 400.00 January February March April May June July August September October November December Average Daily Rate by Month and Year 2015-2019 2015 2016 2017 2018 2019 Average Off season Off season Accommodations Avon has strong occupancy due to central location, competitive lodging rates with Vail and Beaver Creek, and family friendly amenities •Number of rooms in Avon: 485 Rooms •Steady growth in Short Term Rentals •Steady occupancy rates •Steady Average Daily Rates Get input from Amy & Eric 14 58 88 135 255 302 2014 2015 2016 2017 2018 2019 Number of STR Licenses Issued by Year 2014-2019 59.32%61.44%68.38%67.51%65.18%66.55%2014 2015 2016 2017 2018 2019 Average Occupancy (Annual) 2014-2019 $105.67 $160.33 $154.87 $167.85 $159.99 $154.20 2014 2015 2016 2017 2018 2019 Average Daily Rate (Annual) 2014-2019 Strong demand for Community Housing 2018 Eagle County Housing Needs Assessment: •1,500+ dwelling units are needed to meet the current housing needs of the “mid- valley”, described as including Eagle-Vail, Avon, and Edwards. •Avon per square foot sales prices competitive for Interstate 70 corridor. •40% of renters and 39% of owners recently surveyed prefer the mid-valley for investment. •Strong average monthly rental rates ($1,574/mo) , with all properties at or near 100% occupied. $1,839,618 $1,865,214 $928,881 $1,035,989 $1,107,553 $1,298,378 $1,190,449 $731,775 $497,498 $1,628,884 $1,156,365 $1,036,563 $869,861 $1,555,510 $597,077 $651,019 $594,350 $517,003 $634,913 $505,499 $851,667 $396,788 $371,389 $634,665 $505,917 $398,619 $397,209 $511,040 I-70 Corridor Average Sale Prices Single Family/Duplex Condo/Townhome Pricing for Housing 16.9%Eagle County Overview January through December 2018 2019 % Change Sold Listings (All Properties)1,350 1,401 3.8% Sold Single Family 502 485 -3.4% Sold Condos/TH/DP 848 916 8.0% Average Days on Market 116 122 5.1% Average Sold Price $1,254,075 $1,262,074 0.6% % Sold Price to List Price 94%94%0.0% Total Sales Volume $1,693,001,149 $1,768,165,313 4.4%Eagle-Vail, Avon & Wildridge January through December 2018 2019 % Change Average Sold Price $657,161 $768,372 16.9% Average Price per Square Foot $426 $470 10.2% Average Days on Market 79 84 6.2% Highest Price $2,195,000 $2,900,000 32.1% Properties Sold 231 235 1.7% % Sold Price to List Price 97%97%0.3% The average price for Avon and the neighborhoods of Eagle-Vail and Wildridge increased by 16.9%in 2019, compared to that of 2018. Compared to 3.8% in Eagle County. Base Camp on the Creek Town Homes Riverfront Lodge Condominiums Demand for Luxury Housing “Total year-end sales volume in the Vail Valley increased by 4% compared to the same time frame of 2018. The number of listings sold also rose by 4% over the last year. The average sold price for homes in this region remained nearly the same as compared to the previous year, with an increase of 1%.” Vail Daily Recent developments have included: •Base Camp on the Creek Town Homes •Riverfront Lodge Condominiums •Riverfront Town Homes Riverfront Town Homes Special Events In addition to skiing and associated winter-time activities, the Town of Avon sponsors numerous special events throughout the year to attract visitors and make the town an attractive year- round destination Highlights include •the annual July 3rd Salute to the USA (one of the largest fireworks displays in Colorado) •the Avon LIVE!free summer concert series •sporting events like Colorado’s Triple Bypass Bike Tour, •and family-friendly activities like the spring Easter egg hunt. Athletic Events: Colorado Classic Music Events: AvonLIVE! Community Events: Easter Egg Hunt Fireworks Display on July 3rd Colorado Classic Culture & Community Avon is forward thinking & progressive Waste Reduction •2018 Bag Ban:Ban on disposable plastic bags provided by retailers to customers at the point of sale. 10 cent fee on paper bags. •2020 EPS Ban: Ban on use of expanded polystyrene take out food containers Tobacco & Cigarette Tax •2018-Avon raised minimum age to purchase tobacco products from 18 to 21. •Voters approved a 40% sales tax on tobacco products (excluding cigarettes) and a $3/pack excise tax on cigarettes •Tax generated over $350k in 2019 •Projected to generate over $450k in 2020 •Eagle County approved a $4/pack cigarette tax in 2019 Specific Projects: •Village at Avon •East Avon (HCRE) •Tract Y •Business Development Spaces Village at Avon Located in East Avon at exit 168 off of I-70, The Village at Avon is an 1,800-acre entitled mixed-use project that includes retail, housing, open space and community infrastructure with thoughtful and sustainable design. •Recent ground breaking for 240-unit upscale apartment project . •Approximately 90 acres of developable mixed-use property on the valley floor with easy access to transportation and utilities. •Traer Creek Plaza, a LEED-certified, mixed-use commercial building with approximately 26,000 square feet of leasable retail space on the first floor and about 18,000 square feet of leasable office space on the second floor •Home Depot and Walmart supercenters constructed in 2002. Village at Avon •All utilities in place. •Master plan for valley floor includes mixed-use developed centered around "Main Street" corridor. •Roundabouts,railroad underpass, and bridge over Eagle River constructed. The Village at Avon Design Review Board administers development review with a focus on sustainable design and high quality development. Point to 2 areas East Avon (HCRE) •The East Avon parcels are collectively owned by Hoffmann Commercial Real Estate Company and include the large majority of commercial space in Town.Currently characterized with large surface parking areas, opportunities for infill and redevelopment, with an influx of residential construction is anticipated. •East Avon is currently auto-oriented with large areas of surface parking. •A long-range plan titled East Town Center District Plan, with a focus on comprehensive planning to redevelop in a phased approach. •Vacant 20,000 square foot office/retail space •Anchored by City Market grocery store and several bars, restaurants, retail establishments. •Town owns strategic parcels, key to redevelopment, including Tract A. East Avon East Town Center District Plan calls for influx of residential,smaller retail space, on-street parking Tract Y One of the last vacant parcels remaining in the Light Industrial and Commercial Zone District on Metcalf Road. •Recent zoning changes to allow Community Housing as a use-by-right. •Potential for mixed use commercial, or standalone Community Housing project. •Large property, with limited development opportunity given steep topography=limited building footprint •Trails nearby 20,000 Square feet in Seasons Building. 20,000 Square feet in former Office Depot Space. 12,000 Square feet in Pier 1 Imports Space. •Ground level opportunities in central business core. •Abundant parking in East Avon and former Office Depot. •Direct access to regional transit and the Riverfront Gondola. Business Development Spaces More information? Town Contacts Eric Heil Matt Pielsticker Town Manager Planning Director 970.748.4004 970.748.4413 eheil@avon.org mpielsticker@avon.org 970-748-4413 mpielsticker@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Matt Pielsticker, AICP, Planning Director RE: Authorization to Pursue Code Amendments Related To Electric Readiness for PV Systems and EV Charging Stations DATE: February 5, 2020 SUMMARY: Council is asked to formally authorize Staff to apply for code amendments requiring electric readiness for photovoltaic (PV) solar infrastructure and electronic vehicle charging infrastructure for new development. The code amendments will affect Chapter 15, Building Code, Avon Municipal Code, with some cross referencing in Chapter 7, Development Code, Avon Municipal Code. The process would include a public hearing before the Planning and Zoning Commission (PZC), and public hearing with Ordinance passage by the Town Council. If authorized to proceed, Staff will finalize draft code language and proceed to PZC for review and recommendation. AMENDMENTS: Electric Vehicle Ready. All new buildings would be required to provide a combination of EV capable, EV ready, and Electric Vehicle Supply Equipment (EVSE) at varying rates depending on the development size. For example, a single-family home could be required to have one (1) EV ready space, while a four (4) unit townhome project could be required to have one (1) EV ready space, and one (1) EVSE equipped space with all necessary conduits. Solar Ready. New projects with a minimum area of solar-oriented roof area would be required to accommodate increased roof loads, include pathways for routing conduit to electric service panel, and a minimum 200-amp service with All in One solar ready electric panel. POLICY SUPPORT: Ample policy support is found within various long-range planning documents, including: Avon Comprehensive Plan - Goal G.4. Conserve environmental resources. - Policy G.4.1. Incentivize renewable energy and building techniques which support the goals of the Eagle County Climate Action Plan. Climate Action Plan for the Eagle County Community - (High Importance) – Electric vehicle infrastructure and incentives, electric buses, more electric charging spaces. Recommended especially for Towns. - Expand the network of electric vehicle charging stations and promote state and federal incentives for purchasing electric vehicles - 25% reduction in vehicle emissions from the 2014 baseline - Adopt “above building code” standards Building Code Recommendations for Local Governments in Eagle County, Colorado - Adopt and enforce solar-ready provisions currently in IRC and IECC. - Install electric capacity to accommodate future electric heating and electric vehicle charging needs. 2019 Electric Vehicle Readiness Work Plan - Land Use Regulations update for future commercial and multi-family residential development PROPOSED MOTION: “I move to authorize Staff to initiate PV and EV ready code amendments.” Thank you, Matt AVON REGULAR MEETING MINUTES TUESDAY JANUARY 28, 2020 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 1. CALL TO ORDER AND ROLL CALL Mayor Smith Hymes called the meeting to order at 4:02 p.m. A roll call was taken, and Council members present were Amy Phillips, Tamra Underwood, and Jennie Fancher. Councilors Jake Wolf, Chico Thuon, and Scott Prince were absent. Also present were Town Attorney Paul Wisor, Police Chief Greg Daly, Executive Assistant to the Town Manager Ineke de Jong, Town Manager Eric Heil, and Town Clerk Brenda Torres. TUTORIAL: OVERVIEW OF EMPLOYEE POLICIES. Start Time: 00:00:15 Part One Town Manager Eric Heil provided a presentation on employee policies. Councilor Thuon arrived at 4:25 p.m. Recess 4:39 p.m. – 5:00 p.m. Councilor Prince arrived at 4:43 p.m. 2. APPROVAL OF AGENDA Start Time: 00:37:10 Part One Mayor Smith Hymes pulled report 6.1 and added it as item 5.8. Councilor Prince pulled report 6.3 and Mayor Smith Hymes added it as item 5.9. Councilor Fancher moved to approve the amended agenda. Councilor Underwood seconded the motion and the motion passed unanimously by Council members present. Councilor Wolf was absent. Councilor Wolf arrived at 5:02 p.m. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Start Time: 00:38:42 Part One Town Attorney Paul Wisor recused himself from item 5.1. Councilor Prince recused himself from item 5.1 due to work related conflicts (previously voted on) and item 5.3, as he owns a property in the adjacent lot. Town Attorney Paul Wisor gave a brief Avon Code of Ethics presentation on the Wildwood Conflict of Interest. Councilor Underwood moved to find that Councilor Prince has a conflict of interest with respect to item 5.3 therefore he should be allowed to recuse himself. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 5 to 1 with Councilor Prince recusing himself from the vote and Councilor Wolf voted no. 4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Start Time: 00:50:00 Part One Mr. Jacob Hancock suggested building a fenced dog park in Avon to help train and socialize local dogs. Mayor Smith Hymes explained Council has looked into this before and it is in the town’s long range plan. Town Manager Eric Heil explained that our 2020 Strategic Plan includes research into dog parks and staff will probably present ideas in the spring. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 28, 2020 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 4.1. PRESENTATION OF WALKING MOUNTAIN SCIENCE SCHOOL ENERGY PROGRAM Start Time: 00:52:47 Part One Nikki Maline, Energy Programs Director for Walking Mountains Science, presented and answered questions from Council. She encouraged Council to sign up to the Home Energy Assessment as it is the best way to understand and learn what this program is about and to see what Walking Mountains Science Center is doing to help the community. 5. BUSINESS ITEMS 5.1. APPROVAL OF D EED RESTRICTION AGREEMENT FOR TWO (2) UNITS IN RIVERFRONT LODGE ON L OT 4, RIVERFRONT SUBDIVISION (PLANNING DIRECTOR MATT PIELSTICKER ) Start Time: 01:03:19 Part One Town Attorney Paul Wisor and Councilor Prince recused themselves from this item and stepped out of the room. Planning Director Matt Pielsticker presented and explained there were three changes updated from the last time this was before Council. Councilor Underwood asked Council to consider the liquidated damages in lieu of the $300 a day they previously fixed. Mayor Smith Hymes opened a public hearing and Kathy Ryan commented she agrees with Councilor Wolf that a $650,000 two-bedroom home in the town is not affordable to an average person who is making $25.00 an hour. Councilor Fancher moved to approve the deed restriction agreement for two units in Riverfront Lodge with suggestion changes from Councilor Underwood. Councilor Underwood seconded the motion and the motion passed on a vote of 6 to 0. Councilor Prince was recused from the vote. Town Attorney Paul Wisor and Councilor Prince returned to the room at 5:40 pm. 5.2. CASE COMMITTEE JOINT WORK SESSION (CASE MANAGER DANITA DEMPSEY) Start Time: 01:18:16 Part One Introductions from the Culture, Arts & Special Events (CASE) Committee members and Council started this Work Session. Present were all Council members and CASE member s Chris Cofelice, Pedro Campos, Ruth Stanley, Kathy Ryan, Jason Denhart and Lisa Mattis. CASE Manager Danita Dempsey and Town Manager Eric Heil presented. Every member of CASE and Council thanked the team for the wonderful work done and discussed differen t ideas for new projects and budget . Staff agreed to come back to Council with an update on the 2020 events budget. 5.3. WILDWOOD HOUSING PLAN (PLANNING DIRECTOR MATT PIELSTICKER) Start Time: 02:54:44 Part One Planning Director Matt Pielsticker provided a presentation on Wildwood Housing Plan. Town Attorney Paul Wisor explained this will be a three-step process: First, the quiet title, then amending the PUD , and lastly go to the November election as the last item in the ballot . AVON REGULAR MEETING MINUTES TUESDAY JANUARY 28, 2020 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO Mayor Smith Hymes opened a public hearing and Patrick Hurley commented he is a local resident living in that area and that the lot is located on steep terrain and expressed concerns with drainage, flooding, and mud . Jeff Snider comment ed that he shares concerns of other Wildwood residents . Sarah Wilson commented she is new resident in that area and she also shares the expressed concerns on drainage, erosion, and slope stability. She mentioned it is not an easy place to build and wonders if a meager 14 units are worth it in a place where it is so hard to build. She also mentioned that transportat ion to Wildwood would be an important step. She asked Council to look at the level of repair needed in other deed restricted units to protect the financial interest of other homeowners. Maria DeSimone commented that she is in support of this project. She mentioned she lives in deed -restricted housing in that area and talked about the importance of those homes and how it has helped her . She stated that the County and Town can work with homeowners on upkeep and they are in conversation , working on ideas. Corey Pryor commented on the covenants of these units. Mayor Smith Hymes reiterated to the public that this is an open and transparent process. Everyone is encouraged to voice concerns and stay engaged and involved. 5.4. PUBLIC HEARING SECOND READING : ORDINANCE 19-11 ADOPTING A NEW CHAPTER 8.50 OF TITLE 8 OF THE AVON MUNICIPAL CODE P ROHIBITING FOOD VENDORS FROM USING POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE WARE (TOWN ATTORNEY PAUL WISOR) Start Time: 00:00:24 Part Two Town Attorney Paul Wisor gave an update and answered questions from Council. Councilor Underwood requested council to consider giving Avon food vendors a window until 1/1/2021 for when this becomes effective , so they have time to adjust. She also requested to strike administrative f ines. Mayor Smith Hymes opened the public hearing and Maria DeSimone commented that she supports and approves this initiative and expressed gratitude to Council . She takes these products to the recycling center in Denver. Mark Goodban commented he is a local resident and he expressed opposition to this ordinance and said polystyrene is great and nobody can afford the $0.35 for compostable alternatives. After Council discussion and suggestion s, Councilor Wolf moved to approve , with modifications striking 8.50.050 and also adding the effective date to 1/1/2021 provid ed that the Colorado exemption goes away , the second reading of Ordinance 19-11 Adopting a New Chapter 8.50 of Title 8 of the Avon Municipal Code Prohibiting Food Vendors from Using Polystyrene Foam Disposable Food Service Ware . Councilor Fancher seconded the motion and the motion passed unanimously by Council members present. AVON REGULAR MEETING MINUTES TUESDAY JANUARY 28, 2020 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 5.5. COUNCIL CONSIDERATION OF SUPP ORTING HOUSE BILL 20-1162 (TOWN MANAGER ERIC HEIL) Start Time: 00:47:45 Part Two Mayor Smith Hymes opened a public hearing and no comments were made. Councilor W olf moved to direct Staff to send a letter to express Avon’s support for House Bill 20-1162 and take other appropriate actions to support this bill. Councilor Fancher seconded the motion . The motion passed on a vote of 6 to 0. Councilor Thuon stepped out of the room. 5.6. INTERSTATE-70 UNDERPASS DESIGN CONTRACT (TOWN ENGINEER JUSTIN HILDRETH) Start Time: 00:50:22 Part Two Town Engineer Justin Hildreth presented and answered questions from Council. Councilor Fancher moved to approve the award for design services to Yarnell Consulting and Civil Design, LLC, for the Avon Road/I70 Pedestrian Improvements and direct Town Staff to finalize the professional services agreement. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 5 to 2. Councilor Wolf and Councilor Thuon voted no. 5.7. APPROVAL OF MINUTES FROM JANUARY 14, 2020 REGULAR COUNCIL MEETING (TOWN CLERK BRENDA TORRES) Start Time: 01:10:09 Part Two Councilor Prince added he was not present on Executive Session item 8.1. Councilor Underwood moved to approve the minutes with the change made by Councilor Prince. Mayor Pro Tem Phillips seconded the motion and the motion passed on a vote of 5 to 2. Councilor Wolf and Councilor Thuon voted no. 5.8. DEED RESTRICTED HOUSING COMPLIANCE REPORT Start Time: 01:11:15 Part Two Mayor Smith Hymes mentioned that The Valley Home Store requires to receive two written complaints before they investigate compliance complaints and she asked why the Town cannot go with only one. Planning Director Matt Pielsticker explained that he already informed them to move forward with only one complaint as he found the 2-complaint rule curious himself. 5.9. HOMESTAKE PEAK SWIM LESSONS (RECREATION DIRECTOR JOHN CURUTCHET) Start Time: 01:12:58 Part Two Councilor Prince would like to look at funds to help the program. Town Manager Eric Heil said the Town will make this happen. 6. WRITTEN REPORTS 6.2. NEW RESIDENT WELCOME LETTER (EXECUTIVE ASSISTANT INEKE DE JONG) 6.4. JANUARY 21ST PLANNING AND ZONING COMMISSION MEETING ABSTRACT (PLANNING DIRECTOR MATT PIELSTICKER) AVON REGULAR MEETING MINUTES TUESDAY JANUARY 28, 2020 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 7. MAYOR & COUNCIL COMMENTS & MEETING UPDATES Start Time: 01:31:31 Part Two Councilor Thuon mentioned the passing of Cole Greenfield and requested 20 seconds of silence. He requested an update on the White water park. Staff will provide a written report . He also inquired how we can help CDOT with crosswalks for pedestrian safety. Mayor Pro Tem Phillips mentioned this is part of the CDOT 2021 Plan. Councilor Wolf thanked Chief Greg Daly and the Avon Police Department for their great work. Councilor Prince asked Executive Assistant to the Town Manager , Ineke de Jong, about distribution of the welcome letter. She responded they will be sent out twice a month on a Council meeting week. Councilor Prince asked for an update on the Real Estate Transfer Tax. Staff explained reporting will be quarterly and separate by neighborhood. Councilor Thuon found a used Zamboni for $6000 fully refurbished online. Mayor Smith Hymes request Council to consider a sales tax exemption for e-bikes to encourage people to buy this kind of expensive of electric vehicles , including electric vehicles, e -bikes, bikes, and scooters . Staff suggested a work session in March. She gave announced that CMC Edwards campus is now available to do a legislative testimony. This is now an off -site alternative without the need to drive to Denver. Councilor Underwood thanked Town Manager E ric Heil and Mayor Smith Hymes for their hard work on the climate event Getting to Zero hosted last week at Battle Mountain High School . Councilor Wolf suggested that if there are any older snow vehicles, we can perhaps consider an antique snow device show as a winter event. 8. A DJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:55 p.m . AVON REGULAR MEETING MINUTES TUESDAY JANUARY 28, 2020 AVON TOWN HALL, 100 MIKAELA WAY, AVON, CO 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. RESPECTFULLY SUBMITTED: Brenda Torres, Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Jake Wolf Chico Thuon Jennie Fancher Scott Prince Tamra Underwood M E M O R A N D U M TO: Board of Directors FROM: Catherine Hayes, Board Secretary DATE: Feb. 3, 2020 RE: Summary of Authority’s Jan. 23, 2020, Board Meeting The following is a summary of items discussed at the Jan. 29, 2020, Authority Board Meeting: Board members present and acting included: Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Pam Elsner, Mick Woodworth, and Amy Phillips (alternate). Administrative Approvals Tug Birk presented updates to the Rules and Regulations. The main revision includes new requirements for underground utility engineering per the Colorado Revised Statutes. Any new main lines and service lines must be electronically locatable. The board unanimously approved the revisions. Town of Avon Impact Fees Alternate director Phillips noted the Avon Town Council was considering an adjustment of the town of Avon impact fees. Smaller, more dense units have a lower impact and also use less water. Getting to Zero Presentation The board discussed the previous night’s Climate Action Collaborative event, which hosted a speaker to discuss the impacts of global warming and ways in which communities and individuals can lower their impact. Discussion ensued regarding how the board can promote such changes within the community and specifically the Authority’s service area. Water System Classification Update Brad Zachman, water manager, discussed the interconnect between the Authority and District water systems. In recent communications with the state, there have been questions regarding whether the Authority and District water systems, which currently have separate state-issued water system IDs, should be classified as one large water system. Discussion ensued regarding the effects of such a classification, which would trigger added requirements for sampling, among other items. Avon Wastewater Treatment Facility Nutrient Upgrade Jeff Schneider updated the board on the AWWTF nutrient upgrade project, which is scheduled to break ground in March 2020. He discussed outreach efforts with neighboring properties, meetings with key subcontractors ahead of mobilization, and a scheduled open house for area residents. The 1041 permit application was submitted in December, and the topic will be discussed and voted on at a F eb. 4 Avon Town Council meeting. Berry Creek Booster Pump Station (BPS) Update Jeff Schneider noted the Berry Creek BPS project hit some delays due to weather and the discovery of contaminated soils in the project area. Staff is working with the Berry Creek Metropolitan District to coordinate a needed shutdown and communicate this to residents during the project. Traer Creek Tank Update Jason Cowles reported that the tank was fully demolished. Geologic testing results suggest the former site can house the new tank, and design is moving forward, with a focus on sufficiently-sized piers to ensure the tank is stable. Summary of Authority’s Jan. 23, 2020, Board Meeting Page 2 of 2 Communications Update Diane Johnson said some EC Alerts were erroneously sent by Vail Dispatch regarding some recent water outages. In follow-up conversations, Diane was assured this was a training error and that such mistakes were already addressed. Legislative Updates Diane Johnson noted staff and consultants were monitoring various proposed bills, including one that would allow local governments to incorporate the state water plan into master plan documents. Redistricting Catherine Hayes briefly discussed the redistricting effort undertaken ahead of the May 5, 2020, District election. She presented the director district map and noted the areas where electors changed districts. The District board will review and consider approval of the map and the election resolution at its meeting later in the day. Water Rights Appraisal Glenn Porzak presented an updated Authority water rights appraisal. The value of the Authority’s water rights continues to increase, and the report will be attached to the Authority’s annual audit as an appendix. 1 February 4, 2020 PZC Summary Planning & Zoning Commission Meeting Summary Tuesday, February 4, 2020 3:30pm Site Tour - 950 West Beaver Creek Blvd. 5:00pm 100 Mikaela Way – Avon Municipal Building I. Roll Call – All Commissioners were present. II. Conflicts of Interest Regarding Item IV, Commissioners Smith and Hardy mentioned their firm’s previous involvement with the Eagle River Water and Sanitation District but did not consider it a conflict. Action: Commissioner Golembiewski motioned to allow the commissioners to participate in the item. Commissioner Barnes seconded and the motion carried unanimously 3-0. III. Additions & Amendments to the Agenda – There were no amendments to the agenda. IV. Location Character and Extent – 950 West Beaver Creek Blvd – PUBLIC HEARING File: LCE20001 Applicant: Eagle River Water and Sanitation District Property: Tract N and O Block 3 Benchmark at Beaver Creek Subdivision Summary: NAME, Jeffrey Schneider, NAME presented upgrades to meet Colorado Department of Public Health and Environment (CDPHE) water quality regulations related to Nitrogen and Phosphorous, and in-stream water quality standards. Several plant improvements are planned as part of the project; all detailed within the application. A companion 1041 Permit Application will be heard at future Town Council meetings. Action: Commissioner Barnes motioned to approve the application with the following findings and conditions: Findings: (1) The development application is complete; (2) The development application provides sufficient information to allow PZC to determine that the development application complies with the relevant review criteria; (3) The development application complies with the goals and policies of the Avon Comprehensive Plan including Goal G.1 and Policy G.1.4; (4) The demand for public services or infrastructure exceeding current capacity is mitigated by the development application; and (5) The proposed application LCE20001 was reviewed pursuant to §7.16.150(d), Location, Character and Extent, and was determined to be compliant with the review criteria. Conditions: (1) A Minor Subdivision Application is required to modify lot lines; (2) Screening alternatives color schemes and architectural elements will be brought before PZC to alleviate south and west elevations prior to completion of the project. (3) A new landscape plan must be approved by PZC and installed prior to completion of the project. The former barn area shall be planted with appropriate riverine trees to replace, at a 1:1 value or better, any trees removed and not replanted on the adjacent property (Lot 9 Block 3 Benchmark at Beaver Creek) and to properly screen the Eagle Valley Trail; (4) The fence design will be presented to Planning staff for approval before its construction; and 2 February 4, 2020 PZC Summary (5) All lighting on the property shall comply with Avon’s Dark Sky Ordinance before a final Certificate of Occupancy will be issued. Commissioner Smith seconded the motion and it carried unanimously 6-0. V. Minor Sign Plan – Avon Road – PUBLIC HEARING File: SGN19001 Applicant: Town of Avon Property: Avon Road Railroad Bridge Summary: Two (2) new LED signs for permanent installation on the Union Pacific Railroad Bridge. Action: Commissioner Nusbaum motioned to deny the application with the following findings: (1) The sign does not meet the purposes specifically: a. Criteria 1 – it does not protect against visual discord similar devices. b. Criteria 5 - is not met as the sign has negative visual impacts to adjacent properties. Commissioner Golembiewski seconded the motion and it carried unanimously 6-0 VI. Consent Agenda A. PZC Meeting Minutes – January 21, 2020 B. Record of Decision - MDR20001, Old Town Hall Demolition Plan Action: Commissioner Barnes motioned to approve the consent agenda. Commissioner Nusbaum seconded the motion and it carried 5-0 with Commissioner Hardy abstaining. VII. Staff Updates Action: Staff discussed the Lot B Hotel; Wildwood Housing; Park Improvements; and Special Events. VIII. Adjourn 970.748.4004 eric@avon.org TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager RE: Town Manager Report - February DATE: February 6, 2020 SB20-010: Senate Bill 20-010: Sarah and I travelled to the State Capitol in Denver to testify in support of SB20-010 Repealing the Preemption on Local Government Regulation of Plastics. Unfortunately, the Senate Local Government Committee voted to reject the bill and it died in committee. House Bill 20-1162 is still pending and would enact a statewide ban on expanded polystyrene that is similar to Avon’s ordinance. CENSUS: The Town of Avon received $1,500 from the Colorado 2020 Census Support Program (CCSP) to conduct outreach to our LatinX population through La Nueva Mix radio station. Avon Town Clerk Brenda Torres and Eagle County Census Representative Crystal Perez Mariscal will be interviewed with Axel Contreras on April 1, 2020, which is Census Day. In addition, the Town will run approximately 150 :30 second Spanish-language ads targeting the LatinX population with messaging about how the Census is easy, safe, and important on La Nueva Mix. REUSABLE BAGS: We are completing an order for the next round of 3,500 reusable bags with an Avon design. This version has a nice design and does not include any sponsorship logos so it will be a very clean and attractive reusable bag. Staff is working on an AvonLIVE! design that we will use for another 3,500 reusable bags which should arrive prior to the summer concert series. The lead time for ordering reusable bags is roughly 12-15 weeks. OLD FIRE STATION FIRE ESCAPE: The Engineering Department is rebidding the fire escape for the Old Fire Station through the Rocky Mountain Bids system. The bids we received last fall were over the $30,000 budget. We hope to obtain an acceptable bid within budget and proceed with this project this spring. CML and APA CONFERENCE: The annual CML Conference is in Westminster this June rather than in Vail. The annual APA Colorado conference for planners will be held in Vail during the first week in Avon. Avon will likely host some planning field trips, including Walking Mountains Science School and Buck Creek PUD and Nottingham Park. EAGLE COUNTY ELECTION OFFICES: Eagle County may need temporary office space for election offices in Avon for approximately 3 weeks if the Lot B Hotel proceeds this summer. We are exploring the use of the Avon Council chambers as a potential temporary office space that Town could provide to Eagle County. COMMUNITY SURVEYS: Staff is reviewing Statements of Qualification from consultants to get started with the Avon Community Survey this spring. Staff will present more information on the community survey process in the next Council meeting or two. We may proceed with a survey of business owners in Avon first as a test run before we send a survey to all residents and property owners in Avon. EVERGREEN LAKE RECREATION DISTRICT: Several Town representatives are scheduled to visit the Evergreen Lake ice skating area on February 11 to learn more about Evergreen’s ice-skating operations. Page 2 of 2 Evergreen Lake has not opened yet this year due to a construction project. Staff will bring more information about potential ice-skating operations on Nottingham Park at a Council meeting in March. RECYCLING CANS: Staff has researched adding recycling containers paired with trash containers throughout Town. There are approximately 60 containers in Town. Staff is studying single stream recycling service and determining the best service to use as well as the logistics for Town Staff to collect recycling throughout Town. I believe we will have a complete proposal to present to Council in March. WEBSITE ENHANCEMENTS: Liz is adding new pages to the Avon website, including pages for Mobility, Discover Avon, and Town Initiatives. We are currently gathering information for these new pages. The intent is to increase Town information that is important to community and place it in a format that is more accessible. SANITATION DISTRICT PLANT EXPANSION: Eagle River Water and Sanitation District submitted a Location Character and Extent application (PZC only review) and 1041 Permit application (Council only review) for Avon Wastewater plant upgrades and expansions. This project is part of a multi-year multi- million-dollar wave of improvements the District has initiated to meet stricter State of Colorado nutrient requirements. PZC conditionally approved the LCE application on February 4th. Council will review PZC’s decision and consider the 1041 permit application at the February 25th meeting, following a 3:30pm plant tour. SHERWOOD MEADOWS TOWNHOME: The 3-bedroom townhome owned by the Town has been rented to a Town employee. Town received five applications for this housing which was reviewed according to an internal ranking policy. HOLIDAY/WINTER DECORATIONS: The existing winter holiday lighting decorations throughout Town will be removed after this winter as part of the two-year rotation cycle. Holiday lights must be removed every two years to prevent damage to trees. We will come to Council with ideas and proposals for holiday lighting for 2020/2021 season. Council members are encouraged to forward to me any pics of holiday lights that they find attractive this winter so we can include such lighting designs in our considerations. LOT B HOTEL: Staff met with the Lot B owners to review site specific designs and proposed refinements to the approved hotel design. The Lot B owners continue to express interest in breaking ground on a hotel in 2020. AVON HABLA – SPANISH LANGUAGE INITIATIVE: The Human Resources Department has organized and conducted several classes for courtesy Spanish phrases which have been well attended and well received. Approximately 12 employees have signed up for Spanish language proficiency testing. CCCMA CONFERENCE: I attended the Colorado City and County Manager Annual Conference in Glenwood Springs for professional development. This is an excellent gather of managers and local government officials with abundant presentations and discussion of best practices for local government. Thank you, Eric 970-748-4413 mpielsticker@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Matt Pielsticker, AICP, Planning Director RE: USFS Road 779 Updates DATE: February 3, 2020 SUMMARY: This report provides updates regarding United States Forest Service (USFS) Road 779. USFS Road 779 is also known as Metcalf Creek Road and is accessed from the top of the Wildridge Subdivision through Town owned property. Matt Pielsticker, Planning Director and Eric Heil, Town Manager met with Adam Bianchi, Acting Deputy District Ranger for the White River National Forest on January 10, 2020. During the meeting the status of USFS 779 was discussed, as well as a plan, moving forward, to preserve the route in order to ensure that it can remain open indefinitely. The meeting resulted in the following understanding and action items: ▪ USFS engineering staff will review the route this spring to determine condition of the road, any needed improvements, and feasibility of moving a gated access down to the intersection with Wildridge Road East. The engineering review will also confirm wither or not improvements can be performed under a categorical exclusion to the NEPA process. ▪ Town will have area surrounding the intersection with Wildridge Road East surveyed in spring and have a plan drafted to accommodate parking, gate, signage, and any other necessary trailhead improvements. ▪ Once USFS engineering staff completes assessment and Town has a draft plan prepared, a community meeting will be facilitated by the Town to obtain public comments. ▪ Results will be presented to the Avon Town Council late summer or fall. ▪ Work may commence as early as 2021 if Council provides direction to proc eed with the planned improvements. BACKGROUND: Year-round access to USFS land above Wildridge has historically been unimpeded from USFS 779 and USFS 717.1B (June Creek Spur). The 2011 USFS White River Forest Travel Management Plan closed winter access from both roads, and decommissioned USFS Road 779 due to redundancy and maintenance issues. The Town of Avon appealed the closure of USFS 779. A negotiated resolution was approved by USFS, which resulted in the removal of the closure status. On July 21, 2014, the Town and the USFS executed a Memorandum of Understanding (MOU) stating certain terms regarding the study and potential improvements to provide year-round use of USFS Road 779 also known as Metcalf Road. Since the MOU was executed, the Town has made minimal improvements to the first portion of the roadway to reduce ru noff and stabilize access. The USFS closes the road in the winter months. The MOU expired in 2019 without any further progress. STRATEGIC PLAN: The 2020 Strategic Plan contains the following guidance: “Coordinate with U.S. Forest Service to develop plans for maintenance and potential re-alignment of USFS Road 779 with the goal to preserve public access. Conduct appropriate public process on conceptual designs. Consider developing parking, gates and signage on Wildridge Road rather than at the Avon/USFS boundary.” 970-748-4413 mpielsticker@avon.org BUDGET: The Capital Improvements Fund includes $100,000 for USFS Road 779 Trailhead Improvements. This amount is an estimate and will need to be reconsidered after concept plans are developed, a community review process is conducted, and final designs are determined. Thank you, Matt ATTACHMENT: Attachment A: Map of USFS 779