TC Packet 02-23-2021_______________________________________________________________________________
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.
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, FEBRUARY 23, 2021
MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE)
!! SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM
1.CALL TO ORDER AND ROLL CALL 5:00
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
Public comments are limited to three (3) minutes. The speaker may request an additional one (1)
minute, which may be approved by a majority of Council.
5.BUSINESS ITEMS
5.1. Presentation: Eagle Valley Land Trust Partnership and update on last summer's programs on the
West Avon Preserve (Oliver Skelly, Community Conservation Coordinator at the Eagle Valley
Land Trust) (15 Minutes) 5:15
5.2. Proclamation: One Book One Valley (OBOV) 2021 (Lori A. Barnes, Director of Library Services
for Town of Vail) (5 Minutes) 5:30
5.3. Notice of Award Recreation Center Locker Room Remodel Project (Town Engineer Justin
Hildreth) (15 Minutes) 5:35
5.4. Discussion Walmart Reusable Plastic Bags (Intern Emily Myler) (20 Minutes) 5:50
6.MINUTES
6.1. Approval of February 9, 2021 Regular Council Meeting Minutes (Town Clerk Brenda Torres) (5
Minutes) 6:10
7.WRITTEN REPORTS
7.1. February 16th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams)
7.2. Updated Avon Brand Guidelines (Communications Manager Elizabeth Wood)
7.3. Capital Improvement Plan Projects 2018-2019-2020 (Town Engineer Justin Hildreth)
7.4. Upper Eagle Regional Water Authority Jan 28, 2021 Meeting Summary (Mayor Smith Hymes)
7.5. Update on Temporary & Permanent Art Installations (CASE Manager Danita Dempsey)
8.MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 6:15
9.EXECUTIVE SESSION
9.1. For personnel matters pursuant to Sec. 24-6-402(4)(f) regarding the annual Town Manager
performance evaluation process. (30 Minutes) 6:30
10.ADJOURN 7:00
Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide
written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any
action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05.
Eagle Valley Land Trust protects forever
the lands we love, building a permanent
legacy for future generations
MISSION
•Land Conservation
•Conservation Easements
•EVLT holds 37 CEs
•over 13,000 acres
•Private and Public
•Towns and Eagle County
•Stewardship
•Annual monitoring
obligation for compliance
•Community Conservation
•Education & Advocacy PROGRAM AREAS
80% of Eagle County is publicly owned, other 20% is…
…our river valleys
…where we live
…accessible
…critical for wildlife
WHY CONSERVE?
Eagle Valley Circa 1960
(White= Ranches)
Eagle Valley Today
(Gray= Subdivisions)
Community Conservation
recap from summer 2020
West Avon Preserve –478 acres with
12 miles of public trails
PUBLIC ACCESS
Drew Isaacson during the 2020 monitoring visit
Permanent protection of 478 acres of wildlife
habitat in Avon, including wildflowers and
pollinators (REPLACE WITH PENSTEMON PICS!)
HABITAT
Permanent protection of beautiful aspen
groves, sagebrush habitat and other scenic
views along I-70
SCENIC BEAUTY
•Landowners promise to limit development
•Land Trusts are the other party to the contract
•Tax Benefits and Cash
•Landowner can keep doing what they’ve always done
•Future owners are bound
CONSERVATION EASEMENTS
•Land and Rivers Program
•Conservation Easements LAND AND RIVERS
PARTNERSHIP
Oliver Skelly
Community Conservation Coordinator
oliver@evlt.org
Thank you for your support.
Together, we are conserving more of the places we love
FOREVER.
TO: Honorable Mayor Smith Hymes and Council Members FROM: Ineke de Jong, General Government Manager
RE: Proclamation One Book One Valley 2021
DATE: February 18, 2021
SUMMARY: Lori Ann Barnes with Vail Public Library will attend Tuesday’s meeting to present information
about One Book One Valley 2021. Mayor Smith Hymes will read aloud the attached proclamation promoting
the 2021 One Book One Valley initiative.
ATTACHMENTS:
Attachment A: One Book One Valley 2021 Proclamation
Attachment B: 2021 Book Poster
OFFICIAL PROCLAMATION
ONE BOOK ONE VALLEY 2021
A valley-wide Community Read sponsored by the Towns of Avon, Eagle,
Gypsum, Minturn, Red Cliff and Vail
WHEREAS, Community Read programs have united and uplifted hundreds of cities and principalities throughout
the United States of America; and
WHEREAS, the book “Lab Girl” by Hope Jahren (acclaimed scientist who has built three laboratories in which
she’s studied trees, flowers, seeds, and soil) was published in 2016 and is now available in paperback, large print,
eBook & eAudiobook formats. This book is a Winner of the National Book Critics Circle Award and a New York
Times Notable Book; and,
WHEREAS, this Eagle Valley Community Read is the 10th Anniversary year of the One Book One Valley initiative
and, as such, we applied for and were awarded an NEA Big Read grant to host the National Endowment for the
Arts Big Read in Eagle County. The NEA Big Read, an arts endowment initiative in partnership with Arts Midwest,
broadens how the community understands the world, different communities and fellow humans through the joy of
sharing a good book; and,
WHEREAS, this Eagle Valley Community Read will feature book discussions by a number of groups and
organizations throughout the county; a variety of special related programs hosted by the partnering organizations
including, new this year, Betty Ford Alpine Gardens, Walking Mountains Science Center and the Town of Vail’s
Department of Environmental Sustainability; and, a special Guest Appearance by the author; and,
WHEREAS, the Vail Public Library, in collaboration with the Bookworm of Edwards, Colorado Mountain College,
Battle Mountain High School, Eagle Valley High School and Vail Mountain School have resolved to bring this
valley-wide Community Read program to the citizens of Eagle County; and,
WHEREAS, the One Book One Valley initiative will encourage literacy and shared enjoyment of reading
throughout Eagle County,
NOW, THEREFORE, we, the Town Council of the Town of Avon, Colorado, do hereby promote the One Book
One Valley initiative and officially announce and promote the book “Lab Girl” to all Eagle County residents for their
enjoyment and the enjoyment of all.
ATTACHMENT A
Join us in sharing a common topic and
conversation throughout Eagle County.
A COLLABORATIVE PROGRAM BROUGHT TO YOU BY
Hosted virtually by Betty Ford Alpine Gardens
WEDNESDAY, JANUARY 20 | 6 p.m.
Dr. Steve Ruskin - Amazing Alice Eastwood,
Canadian American botanist
Hosted by & at Walking Mountains Science Center
SATURDAY, FEBRUARY 6 | 2 - 4 p.m.
STEM Family Event
Hosted virtually by Betty Ford Alpine Gardens
WEDNESDAY, FEBRUARY 17 | 6 p.m.
Emily Griffoul -
Saving the Alpine One Seed at a Time
Hosted virtually by Betty Ford Alpine Gardens
WEDNESDAY, MARCH 17 | 6 p.m.
Dr. Chris Ray - Adventures in the
Life of a Field Ecologist
Hosted virtually by Vail Public Library
THURSDAY, APRIL 1 | 5:30 p.m.
Ethnobotany Program
Ute Culturally Modified Trees
For more information, visit onebookonevalley.com
NEA Big Read is a program of the
National Endowment for the Arts
in partnership with Arts Midwest
Co-Hosted virtually
SATURDAY, APRIL 17
10 a.m.
Virtual Author Event
with Hope Jahren
Meet Hope Jahren and
discuss her book
Hosted by Town of Vail Department of
Environmental Sustainability
APRIL 19 - 23
Earth Day Seed Exchange
Hosted by Town of Vail Department of
Environmental Sustainability
LATE MAY
Restore the Gore Volunteer Tree Planting
EAGLE COUNTY BOOK DISCUSSIONS
Book discussions will be held throughout
Eagle County
For more information, visit onebookonevalley.com
1 0 t h A N N IVERSARY
THIS YEAR’S BOOK
®
ATTACHMENT B
970-748-4045 jhildreth@avon.org
TO: Honorable Mayor Smith Hymes and Council Members FROM: Justin Hildreth, Town Engineer
John Curutchet, Recreation Director
RE: Notice of Award – Recreation Center
Locker Room Remodel Project
DATE: February 19, 2021
SUMMARY: Staff requests Council authorization to issue Notice of Award for construction of the
Recreation Center Locker Room Remodel Project as approved in the Town of Avon 2021 Capital Projects
Fund to Catalyst Construction, LLC.
DISCUSSION: The Recreation Center Locker Room Remodel Project generally consists of the
replacement of lockers, shower and restroom partitions, new tile and painting. The existing lockers are
recommended to be replaced because they are at the end of their useful life, parts are no longer readily
available and are difficult to maintain. The partitions will be replaced to match the lockers and tile is being
installed because it will have more slip resistance than the existing flooring, reducing falls. This project will
enhance and improve the existing facility and keep it current with modern trends and standards.
Staff advertised the Project for (3) weeks on the Town website, local newspapers, and on Bidnetdirect.com
beginning on July 31st, 2020. The Bid Opening was held on September 10th and 5 bids were received:
Catalyst Construction, LLC $198,893.00
Ford Construction, CO $243,097.00
Hess Contracting, Inc. $362,887.00
Rapid Restoration $341,634.00
GE Johnson $536,652.10
Staff recommends issuance of the Notice of Award to the low bidder, Catalyst Construction, LLC
(“Catalyst”). Catalyst is based in Denver and this project will be managed from the Grand Junction office.
The project manager has worked successfully for the Town with a previous employer on the Avon Regional
Transit Facility project.
Catalyst learned that the original specified lockers used a particle board material that was not moisture
resistance and recommended a phenolic core (heavy duty plastic) locker that can withstand moisture
lockers and is expected to be much more durable. We are recommending that the locker material be
changed from particle board to a heavy-duty plastic material that will increase the warranty from 3-years to
10-years for an additional $49,370. Staff also requested a change of tile to modernize the aesthetic, from a
2-inch square tile to a 36-inch by 6-inch wood grain style for an additional $9,352. The upgrades to the
lockers and tile increase the construction cost from $198,893 to $257,615.
CONSTRUCTION SCHEDULE: The current schedule is to complete the project by the end July. The lead
time for the lockers is approximately 8-weeks and construction will start once they are delivered. Once
delivered, the project is expected to take 4 to 6 weeks. The Recreation Center will remain open during the
locker room remodel. The locker rooms are currently closed due to COVID-19 public health orders.
FINANCIAL CONSIDERATIONS: The current Capital Projects Fund (“CPF”) budget includes $220,435 for
Page 2 of 2
the project. Adding a 10% contingency increases the budget to $283,377. The project budget will require
an additional $62,942 and be amended in the next Capital Projects Fund budget amendment.
The Project cost estimate is shown in Table 1 below and includes 10% construction contingency.
Table 1: Recreation Center Locker Room Remodel Project
Available Funds in 2020 Budget: $ 220,435
Additional Requested Funds $ 62,942
Construction Cost $ 257,615
Contingency (10%) $ 25,762
Total $ 283,377
RECOMMENDATION: I recommend Council authorization to award the Recreation Center Locker Room
Remodel Project contract to the low bidder, Catalyst, in the amount of $257,615 and adjust the project
budget to $283,377.
PROPOSED MOTION: “I move to authorize issuance of the Notice of Award for the Recreation Center
Locker Room Remodel Project contract to the low bidder, Catalyst, in the amount of $257,615 and in the
next CPF budget amendment transfer $20,435 from the Recreation Center Weight Room Expansion
Project and add $62,942 from the Capital Projects Fund to this project.”
Thank you, Justin
970-748-4061 emyler@avon.org
TO: Honorable Mayor Smith Hymes and Council Members FROM: Emily Myler, General Government Intern
RE: Walmart Reusable Plastic Bags
DATE: 2 February 2021
SUMMARY: In January of 2021, Staff learned that Walmart Supercenter #1199, located at 171 Yoder Ave
in Avon, CO, is planning to introduce a new type of reusable plastic bag which will be provided to patrons at
no cost to carry purchased items. The bags are made of 2.25 mil thick plastic, and Walmart states that they
can be reused up to 125 times, can carry 18 pounds and can be cleaned and disinfected regularly. As
described, the proposed plastic bags meet the standards of a reusable bag outlined in Avon’s Municipal
Code, Chapter 8.38 [Attachment 1]. Staff is bringing this matter to Council’s attention because there may
be concerns that the proposed reusable bags are similar enough to the previous disposable bags that they
are likely to not be reused.
This report presents relevant information and options for Council consideration.
BACKGROUND: In October 2017, Avon Town Council passed Ordinance 17-08 Adopting a New Chapter
8.38 of Title 8 of the Avon Municipal Code Establishing Disposable Bag Requirements, Including a Paper
Bag Fee and Providing for the Collection and Designation of Such Fee. The Chapter outlawed the
distribution of disposable plastic bags by retailers and established a $0.10 fee for each disposable paper
bag distributed by retailers beginning May 2018. Chapter 8.38 describes its purpose as “to protect the
public health, safety and welfare, to address the environmental problems associated with disposable bags,
and to relieve the Town taxpayers of the costs imposed upon the Town associated with disposable bags.
The intent of the Chapter is to encourage the use of reusable bags” [Section 8.38.010].
On March 27, 2020, the Town Manager issued an order to suspend the $0.10 fee for paper bags in
response to the COVID-19 pandemic. The suspension is still in place as of the writing of this report. The
current intention is to keep the suspension in place until either the Eagle County COVID-19 Public Health
Orders or Avon’s emergency declaration is repealed.
ANALYSIS:
Peer Community Review: Nine peer communities with ordinances regulating the distribution of disposable
bags were examined for this report [see Attachment 2]. Of the nine, six had a definition of “reusable bag”
almost the same as Avon’s. These definitions included the requirements that a reusable bag “Is designed
and manufactured to withstand repeated uses over a period of time; Is made from a material that can be
cleaned and disinfected regularly; Is at least two and one-fourth (2.25) mils thick if made from plastic; and
Has the capability of carrying a minimum of eighteen (18) pounds” [Avon Municipal Code, Chapter
8.38,section 8.38.020]. Many other communities added a requirement that the bags must have a lifetime of
at least 75 uses. The three remaining communities focus on the material of the bag: Frisco and
Breckinridge both require that bags be “made of canvas, woven polypropylene, or similar types of durable
materials.” Breckinridge recently excluded all bags made of plastic from this definition, regardless of
thickness and durability and Frisco implemented a requirement that plastic bags be made of at least 40
percent recycled material. Telluride requires a reusable bag “that is specifically intended for multiple reuse
and is made of cloth, fiber, or other machine washable fabric that is at least 2.25 millimeters thick.
Both Steamboat Springs and Frisco have a Walmart store within their boundaries. Frisco is not planning to
allow the bags as they are outside the definition of “reusable bag” in their Municipal Code and are not made
Page 2 of 9
of any recycled material, as is required of disposable bags. Like Avon, Steamboat Springs’ Code does
allow the new bags, but the City was able to reach an agreement with their Walmart location to not use
them.
FINANCIAL CONSIDERATIONS: The proposed bags would replace the need to provide paper bags at
Walmart Superstore #1199 and remit $0.10 per bag to the Town of Avon, impacting the Town’s budget.
According to the budget [Attachment 3], The Town collected $73,601 in paper bag fees in 2019. Walmart
alone contributed to $28,819 or approximately 39 percent of the total [Attachment 4]. The funds from the
paper bag fees are used for various waste-management and sustainability programs including the
production and distribution of Town of Avon reusable bags, education on recycling and waste management
and infrastructure to reduce waste and increase recycling [Avon Municipal Code, Chapter 8.38, Section
8.38.50].
(Note: As of the writing of this report, the Town has suspended the paper bag fee due to COVID-19. The
effects described above will not occur until the time when the Town reinstates the bag fee, which is at this
point unknown.)
OPTIONS:
1) Amend Chapter 8.38 of the Avon Municipal Code to include a definition of “reusable bag” that either
does not allow plastic bags regardless of thickness, or to requires plastic bags include an amount of
recycled material, as exemplified by Breckinridge and Frisco respectively [see Attachment 2].
a) Pros: This option would prevent any increase in waste caused by the introduction of the new
Walmart bags. This option would also maintain the paper bag fees collected by the Town from
Walmart Superstore #1199.
b) Cons: Since the bags are not yet available, Staff can only predict how the public will use them and
may not be correct. If the public does reuse the bags as designed, they would be a sustainable and
cost-effective alternative to paper bags.
2) Require Walmart Superstore #1199 to change the bags in a way that invites reuse (i.e. including the
artwork that will go on the Town’s reusable bags, changing the texture and shape etc.)
a) Pro: The option gives the Town an opportunity to help design the bags to be an effective tool for
sustainability in Avon.
b) Con: Walmart Inc. may not be amenable to changing the bags and the Town would still lose the
paper bag fees from Walmart Superstore #1199. The public may still not reuse the bags.
3) Request that Walmart Superstore #1199 not use the bags as Steamboat Springs has done.
a) Pro: No changes to the Municipal Code need to be made and the Town will continue to receive
paper bag fees from Walmart once the fee resumes.
b) Con: Success depends on Walmart Superstore #1199’s willingness to work with the Town and
there would be no decrease in paper bag waste.
4) Allow Walmart Superstore #1199 to use the bags as they are.
a) Pro: If used as intended, the bags could decrease the use of paper bags and lift the financial
burden of buying bags from the consumer.
b) Con: If not used as intended, this option would likely increase the plastic waste going to landfill.
The Town would also lose the paper bag fees from Walmart Superstore #1199.
Page 3 of 9
ATTACHMENTS: Attachment 1. Town of Avon, Colorado Ordinance 17-08
Attachment 2. Comparison of Peer Communities’ Reusable Bag Definitions
Attachment 3. Town of Avon 2021 Adopted Budget, Section IV, Page 19
Attachment 4: Paper Bag Fees from Walmart in 2019
Attachment 5: Image of Proposed Walmart Reusable Bags
Attachment 6: Spec Sheet of Proposed Walmart Reusable Bags
Thank you,
Emily
Page 4 of 9
Attachment 1: Town of Avon, Colorado Ordinance 17-08
Page 5 of 9
Attachment 2: Comparison of Peer Communities’ Reusable Bag Definitions
Peer Community Reusable Bag Definition
Avon
Plastic disposable bags not allowed
$0.10 fee for disposable paper bags
Reusable bag: a bag that:
1. Is designed and manufactured to withstand repeated uses over a
period of time;
2. Is made from a material that can be cleaned and disinfected regularly
3. Is at least two and one-fourth (2.25) mils thick if made from plastic; and
4. Has the capability of carrying a minimum of eighteen (18) pounds.
Frisco
$0.25 fee for paper and plastic
disposable bags.
Reusable bag: means a bag made of canvas, woven polypropylene, or
similar types of durable materials
Updated in 2020 to require disposable paper and plastic disposable bags be
made of at least 40 percent recycled material
Carbondale
Disposable plastic bags not allowed
$0.20 fee for disposable paper bags
Reusable bag means a bag that:
(1) Is designed and manufactured to withstand repeated uses over a period
of time;
(2) Is made from a material that can be cleaned and disinfected regularly;
(3) Is at least 2.25 millimeters thick if made from plastic;
(4) Has a minimum lifetime of 75 uses; and
(5) Has the capability of carrying at least 18 pounds.
Vail
Disposable plastic bags not allowed
$0.10 fee for disposable paper bags
REUSABLE BAG: A bag that:
A. Is designed and manufactured to withstand repeated uses over a
period of time;
B. Is made from a material that can be cleaned and disinfected regularly;
C. Is at least two and one-fourth (2.25) mils thick if made from plastic; and
D. Has the capability of carrying a minimum of eighteen (18) pounds.
(Ord. 2(2015) § 1)
Telluride
Disposable plastic bags not allowed
$0.10 fee for disposable paper bags
Reusable Carryout Bag means a bag that is specifically intended for multiple
reuse and is made of cloth, fiber, or other machine washable fabric that is at
least 2.25 millimeters thick.
.
Boulder
$0.10 fee for paper and plastic
disposable bags
“Reusable Bag” means a bag that is:
(a) Designed and manufactured to withstand repeated uses over a period of
time;
(b) Is made from a material that can be cleaned and disinfected regularly;
(c) That is at least 2.25 mil thick if made from plastic;
(d) Has a minimum lifetime of 75 uses; and
(e) Has the capability of carrying a minimum of 18 pounds.
Paper disposable bags must be made of recycled material
Aspen Reusable Bag. The term Reusable Bag means a bag that is:
Page 6 of 9
Disposable plastic bags not allowed
$0.20 fee for disposable paper bags.
(a) Designed and manufactured to withstand repeated uses over a period of
time; and
(b) Is made from a material that can be cleaned and disinfected regularly;
and
(c) That is at least two and one-quarter (2.25) mil thick if made from plastic;
and
(d) Has a minimum lifetime of seventy-five (75) uses; and
(e) Has the capability of carrying a minimum of eighteen (18) pounds.
Breckinridge
Plastic bags not allowed
$0.10 fee for disposable paper bags
REUSABLE BAG: A plastic bag that is at least 2.25 mils thick or a bag made
of canvas, woven polypropylene, or similar types of durable materials.
Updated in 2021 to not allow plastic bags regardless of thickness and
required paper bags be made of at least 40 percent recycled material.
Steamboat Springs
Disposable plastic bags not allowed
$0.20 fee for disposable paper bags
The term Reusable Bag means a bag that is:
(a) Designed and manufactured to withstand repeated uses over a period of
time; and
(b) Is made from a material that can be cleaned and disinfected regularly;
and
(c) That is at least 2.25 mil thick if made from plastic; and
(d) Has a minimum lifetime of seventy five uses; and
(e) Has the capability of carrying a minimum of eighteen pounds.
Dillon (to be implemented)
Disposable plastic bags not allowed
Fee for disposable paper bags
Reusable bag means a bag that is:
A. Designed and manufactured to withstand repeated uses over a period of
time;
B. Is made from a material that can be cleaned and disinfected regularly;
C. That is at least two and one-quarter (2.25) mil thick if made from plastic;
D. Has a minimum lifetime of at least seventy five (75) uses; and
E. Has the capability of carrying a minimum of eighteen (18) pounds.
Page 7 of 9
Attachment 3: Town of Avon 2021 Adopted Budget, Section IV, Page 19
Page 8 of 9
Attachment 4: Paper Bag Fees from Walmart in 2019
Account Business Item
Total
Paid Period Due
2065 Walmart Stores Inc
Disposable Paper Bag
Fee 2,836.40 1/1/2019 2/20/2019
2065 Walmart Stores Inc
Disposable Paper Bag
Fee 2,689.70 2/1/2019 3/20/2019
2065 Walmart Stores Inc
Disposable Paper Bag
Fee 2,827.80 3/1/2019 4/22/2019
2065 Walmart Stores Inc
Disposable Paper Bag
Fee 1,648.80 4/1/2019 5/20/2019
2065 Walmart Stores Inc
Disposable Paper Bag
Fee 2,427.80 5/1/2019 6/20/2019
2065 Walmart Stores Inc
Disposable Paper Bag
Fee 2,562.20 6/1/2019 7/22/2019
2065 Walmart Stores Inc
Disposable Paper Bag
Fee 2,950.30 7/1/2019 8/20/2019
2065 Walmart Stores Inc
Disposable Paper Bag
Fee 2,287.20 8/1/2019 9/20/2019
2065 Walmart Stores Inc
Disposable Paper Bag
Fee 1,703.60 9/1/2019 10/21/2019
2065 Walmart Stores Inc
Disposable Paper Bag
Fee 1,901.60 10/1/2019 11/20/2019
2065 Walmart Stores Inc
Disposable Paper Bag
Fee 1,877.80 11/1/2019 12/20/2019
2065 Walmart Stores Inc
Disposable Paper Bag
Fee 3,105.80 12/1/2019 1/21/2020
Total for 2019: 28,819.00
Page 9 of 9
Attachment 5: Image of Proposed Walmart Reusable Bags
Test Report No. PR100697 Rev. 1
Page 1 of 17
This report and the information contained herein represents the results of testing of only those articles/products identified in this document and selected
by the client. The tests were performed to specifications and/or procedures approved by the client. National Technical Systems (“NTS”) makes no
representations expressed or implied that such testing fully demonstrates efficiency, performance, reliability, or any other characteristic of the articles
being tested, or similar products. This report should not be relied upon as an endorsement or certification by NTS of the equipment tested, nor does it
present any statement whatsoever as to the merchantability or fitness of the test article or similar products for a particular purpose. This document shall
not be reproduced except in full without written approval from NTS.
www.nts.com
National Technical Systems Main: 714-999-1616
1435 Allec Street Fax: 714-999-1636
Anaheim, CA 92805
Date: SEPTEMBER 17, 2019
Customer:
Superbag Operating
9291 Baythorne Drive
Houston, TX 777041
Purchase Order Number: 01467800
REUSABLE GROCERY BAG TESTING
SPECIFICATION:
Senate Bill 270 Reusable Grocery Bags
TESTS:
Capacity Test, Walking Test, ASTM D6988-Determination of Thickness, Washability, Visual
Inspection, XRF for Heavy Metals
TEST ITEMS:
Date Received: 6/3/2019
Sample Identification: Reusable Small 3
Bag Dimensions: 11.5”x6.5”x20.0”
This is to certify that the test samples were subjected to the reusable bag testing according
the specification above.
See Page 2 for Summary of Test Results. Test data, photographs and equipment list are
attached.
Kevin Belisario
Preparer and Technical Reviewer
Department Manager
Daniel Robertson
Quality Representative
Attachment 6: Spec Sheet of Proposed Walmart Reusable Bags
Test Report No. PR100697 Rev. 1
Page 2 of 17
REVISIONS
Revision Reason for Revision Date
NR Initial Release 6/14/2019
1 Updated visual inspection photo on page 6.
Added XRF for heavy metals results on page 12-13.9/17/2019
SUMMARY OF TEST RESULTS
Test Sample Identification Results
Visual Inspection Reusable Small 3 Met requirement
Thickness Reusable Small 3 Met requirement
Capacity Reusable Small 3 Met requirement
Walking Reusable Small 3 Met requirement
Washability Reusable Small 3 Met requirement
XRF for Heavy Metals Reusable Small 3 Met requirement
Test Report No. PR100697 Rev. 1
Page 3 of 17
Washability
REQUIREMENT
There shall be no physical change or deterioration to product after being washed by hand or
cleaned with a household cleaner.
METHOD
Each bag was cleaned with liquid dish soap and water per the bag instructions. The bag was then
visually inspected for material degradation.
RESULTS
No major defects or physical change was observed after being hand washed with a liquid soap
and water.
SAMPLE
IDENTIFICATION
Significant defects or
physical change
observed?RESULT
Reusable Small 3 none Met requirement
TEST SAMPLE IDENTIFICATION:Reusable Small 3
TEST PROCEDURES:SB270
TEST METHOD VARIATION(S):None
SAMPLE PREP PERFORMED BY:N/A
TEST(S) PERFORMED BY:K. Belisario
TEST PERFORMED AT:1435 S. Allec St., Anaheim CA 92805
TEST DATE:6/3/2019
Test Report No. PR100697 Rev. 1
Page 4 of 17
Visual Inspection
VISUAL INSPECTION
Sample Identification:Reusable Small 3
REQUIREMENTS
Physical Characteristics: A. Product shall have handles
Labeling: B. The name of the manufacturer
C. The country where the bag was manufactured
D. A statement that the bag is reusable and designed for at least 125 uses.
E.
If the bag is eligible for recycling in the state, instructions to return the bag to
the store
for recycling or to another appropriate recycling location. If recyclable in the
state,
the bag shall include the chasing arrows recycling symbol or the term
“recyclable,”
consistent with the Federal Trade Commission guidelines use of that term,
as updated.
F. Label shall be permanently attached and be visible to the consumer.
RESULTS
Met
requirement
Did not meet
requirement Not Applicable Comment
Physical Characteristics
Results: A.Yes N/A
Labeling Results: B.Yes N/A
C.Yes N/A
D.Yes N/A
E.Yes N/A
F.Yes N/A
TEST SAMPLE IDENTIFICATION:Reusable Small 3
TEST PROCEDURES:SB270
TEST METHOD VARIATION(S):None
EQUIPMENT USED:See Equipment Page
SAMPLE PREP PERFORMED BY:N/A
TEST(S) PERFORMED BY:K. Belisario
TEST PERFORMED AT:1435 S. Allec St., Anaheim CA 92805
TEST DATE:5/28/2019
Test Report No. PR100697 Rev. 1
Page 5 of 17
Visual Inspection - Photos
Figure 1
Figure 2
Test Report No. PR100697 Rev. 1
Page 6 of 17
Visual Inspection - Photos
Figure 3
Test Report No. PR100697 Rev. 1
Page 7 of 17
Capacity Test
REQUIREMENT
A capacity of less than 15 liters (15,000cm3) is cause for rejection.
METHOD
Fill reusable bag with granular material. Using a graduated container measure the volume of
material in the plastic bag in liters.
RESULTS
SAMPLE
IDENTIFICATION
Bag was able to hold and
withstand 15 liters of
material?RESULT
Reusable Small 3 Yes Met requirement
TEST SAMPLE IDENTIFICATION:Reusable Small 3
TEST PROCEDURES:SB 270
TEST METHOD VARIATION(S):None
EQUIPMENT USED:See Equipment Page
TEST(S) PERFORMED BY:J. Juarez
TEST PERFORMED AT:1435 S. Allec St., Anaheim CA 92805
TEST DATE:5/28/2019
Test Report No. PR100697 Rev. 1
Page 8 of 17
Capacity Test – Photos
Figure 4
Test Report No. PR100697 Rev. 1
Page 9 of 17
Thickness
REQUIREMENT
Film thickness shall be at least 2.25 mils for plastic bags.
METHOD
Determination of the thickness of (1) plastic bag was accomplished using a Mitutoyo dial
micrometer. Anvil and spindle surfaces were checked and cleaned for contaminating
substances and adjusted to the zero point. The plastic bag was carefully placed between the
spindle and the anvil. The thickness reading was recorded and another measurement was taken
at different location for a total of three measurements per sample. The zero point was verified
after each measurement.
RESULTS
The average of 3 measurements was reported for each bag. See results below.
SAMPLE
IDENTIFICATION
AVERAGE
THICKNESS
(mils)RESULT
Reusable Small 3 2.28 Met requirement
TEST SAMPLE IDENTIFICATION:Reusable Small 3
TEST PROCEDURES:SB 270, ASTM D6988-13 Method A
TEST METHOD VARIATION(S):None
EQUIPMENT USED:See Equipment Page
TEST(S) PERFORMED BY:K. Belisario
TEST PERFORMED AT:1435 S. Allec St., Anaheim CA 92805
TEST DATE:5/28/2019
Test Report No. PR100697 Rev. 1
Page 10 of 17
Walking Test
REQUIREMENT
There shall be no tearing of the bag after 125 uses over a distance of 175 feet.
METHOD
Measure and record thickness of the specimen at the center.
Place 22lbs mass (river rocks) in the bottom of the reusable bag. Set bag on test machine used
to simulate walking motion over 175 feet for 125 trips.
Record any deterioration of the bag after each trip.
RESULTS
Testing discontinued after 125 trips. No evidence of the handles tearing or significant damage to
the reusable bags was observed. All reusable grocery bags met the requirement for the walking
test.
SAMPLE
IDENTIFICATION Damage Observed RESULT
Reusable Small 3 none Met requirement
TEST SAMPLE IDENTIFICATION: Reusable Small 3
TEST PROCEDURES: SB 270
TEST METHOD VARIATION(S): None
EQUIPMENT USED: See Equipment Page
TEST(S) PERFORMED BY: K. Belisario
TEST PERFORMED AT: 1435 S. Allec St., Anaheim CA 92805
TEST DATE: 5/31/2019
Test Report No. PR100697 Rev. 1
Page 11 of 17
Walking Test - Photos
Figure 5
Figure 6
Test Report No. PR100697 Rev. 1
Page 12 of 17
X-RAY FLUORESCENCE (XRF)
REFERENCE N/A
TEST SPECIMENS Three (3) bag samples
REQUIREMENT N/A
SUMMARY See full results below
SAMPLE PREPARATION
DETAILS
N/A
SAMPLE PREPARATION
PERFORMED BY
N/A
PREPARATION DATE N/A
TEST MODIFICATIONS N/A
TEST CONDITIONS N/A
TEST PERFORMED BY DDP, 5 North Park Drive Hunt Valley, MD 21030
TEST DATE September 16, 2019
EQUIPMENT USED WC051512
RESULTS:
Each sample was scanned using a Niton 3XLt XRF gun. The sample was scanned in
plastics mode, with each individual scan being performed for sixty (60) seconds. A total
of three (3) scans was taken as follows:
Scan 1 – The entirety of one (1) “side” of the bag was scanned, with the gun
being moved slowly across the surface of the bag throughout the scan in
an effort to encompass as much of the bag surface as possible.
Scan 2 – A spot scan was taken focused at one (1) “random” location of the
sample containing no printed material.
Scan 3 – A spot scan was taken of the green print material.
The table below summarizes the results obtained as a result of the XRF analysis. The
analysis below shows only results of the heavy metals detected.
Test Report No. PR100697 Rev. 1
Page 13 of 17
Results of XRF Analysis (ppm)
Sample Scan Sn Pb Zn Fe Ti
1
1 134 < LOD* 27.0 52.7 9,280
2 121 < LOD 23.0 74.6 9,730
3 132 6.32 28.2 93.5 10,500
2
1 133 < LOD 34.6 77.2 7,210
2 122 < LOD 24.0 57.9 10,200
3 123 < LOD 28.4 67.4 9,810
3
1 105 < LOD 38.6 51.2 9,480
2 133 < LOD 20.0 55.0 9,440
3 127 < LOD 21.6 57.4 9,820
* - LOD signifies Limit of Detection
Test Report No. PR100697 Rev. 1
Page 14 of 17
EQUIPMENT LIST
Test Equipment List
Calibration Abbreviations
CAL calibrated
NCR no calibration required
ASTM D6988 Thickness
Asset
Number Manufacturer Description M/N S/N Range
Cal
Interval
(Months)
Cal Due
WC058860 Rotronic HygroPalm
22
HygroPalm
22 60222853 Indication Only - Use with Calibrated
Sensor/Probe NCR NCR
WC058866 Rotronic HygroClip2
Probe HC2-S 60264464
0 to 100°C ±0.1 C, 0-100%RH ±0.8 %RH Cal
Points- Temperature:25°C and 50°C Humidity:
20% and 80%
12 09/30/2019
WC058886
Thermoelectric
Cooling
(TECA)
Conditioning
Cabinet TC-3300 33001-000 Use with Calibrated Probe 23±2C, 50±5%RH NCR NCR
WC058887 Rotronic HygroFlex
HF5 HF5 0060443724 See Rotronic HC2-S Probe ID WC058866 NCR NCR
WC058962 Mitutoyo Digimatic
Indicator
ID-
C112EX 11012914 0-0.5inch span +/-0.0001 12 12/31/2019
WC059034 Rotronic HygroClip2
Probe HC2-S 20032361 0 to 100°C ±0.1 C, 0-100%RH ±0.8 %RH 12 10/31/2019
SB270 / Prop 67 - Capacity Test
Asset
Number Manufacturer Description M/N S/N Range
Cal
Interval
(Months)
Cal Due
WC058860 Rotronic HygroPalm
22
HygroPalm
22 60222853 Indication Only - Use with Calibrated
Sensor/Probe NCR NCR
WC058866 Rotronic HygroClip2
Probe HC2-S 60264464
0 to 100°C ±0.1 C, 0-100%RH ±0.8 %RH Cal
Points- Temperature:25°C and 50°C Humidity:
20% and 80%
12 09/30/2019
WC058886
Thermoelectric
Cooling
(TECA)
Conditioning
Cabinet TC-3300 33001-000 Use with Calibrated Probe 23±2C, 50±5%RH NCR NCR
WC058887 Rotronic HygroFlex
HF5 HF5 0060443724 See Rotronic HC2-S Probe ID WC058866 NCR NCR
WC059034 Rotronic HygroClip2
Probe HC2-S 20032361 0 to 100°C ±0.1 C, 0-100%RH ±0.8 %RH 12 10/31/2019
Test Report No. PR100697 Rev. 1
Page 15 of 17
EQUIPMENT LIST
SB270 / Prop 67 - Simulated Walking Test
Asset
Number Manufacturer Description M/N S/N Range
Cal
Interval
(Months)
Cal Due
WC058860 Rotronic HygroPalm
22
HygroPalm
22 60222853 Indication Only - Use with Calibrated
Sensor/Probe NCR NCR
WC058866 Rotronic HygroClip2
Probe HC2-S 60264464
0 to 100°C ±0.1 C, 0-100%RH ±0.8 %RH Cal
Points- Temperature:25°C and 50°C Humidity:
20% and 80%
12 09/30/2019
WC058886
Thermoelectric
Cooling
(TECA)
Conditioning
Cabinet TC-3300 33001-000 Use with Calibrated Probe 23±2C, 50±5%RH NCR NCR
WC058887 Rotronic HygroFlex
HF5 HF5 0060443724 See Rotronic HC2-S Probe ID WC058866 NCR NCR
WC058974 Futek 25 lb Load
Cell LRF400 553132 0-25lb ±0.05% 12 10/12/2019
WC058986 Mitutoyo Digital
Caliper
CD-6""
CSX 06233912 0-150mm (0-6 inch) +/-0.001"" 12 12/31/2019
WC059034 Rotronic HygroClip2
Probe HC2-S 20032361 0 to 100°C ±0.1 C, 0-100%RH ±0.8 %RH 12 10/31/2019
Visual Inspection
Asset
Number Manufacturer Description M/N S/N Range
Cal
Interval
(Months)
Cal Due
WC058860 Rotronic HygroPalm
22
HygroPalm
22 60222853 Indication Only - Use with Calibrated
Sensor/Probe NCR NCR
WC058866 Rotronic HygroClip2
Probe HC2-S 60264464
0 to 100°C ±0.1 C, 0-100%RH ±0.8 %RH Cal
Points- Temperature:25°C and 50°C Humidity:
20% and 80%
12 09/30/2019
WC058886
Thermoelectric
Cooling
(TECA)
Conditioning
Cabinet TC-3300 33001-000 Use with Calibrated Probe 23±2C, 50±5%RH NCR NCR
WC058887 Rotronic HygroFlex
HF5 HF5 0060443724 See Rotronic HC2-S Probe ID WC058866 NCR NCR
WC059034 Rotronic HygroClip2
Probe HC2-S 20032361 0 to 100°C ±0.1 C, 0-100%RH ±0.8 %RH 12 10/31/2019
Test Report No. PR100697 Rev. 1
Page 16 of 17
EQUIPMENT LIST
Material
Asset
Number Manufacturer Description M/N S/N Range
Cal
Interval
(Months)
Cal Due
WC058866 Rotronic HygroClip2
Probe
HC2-
S 60264464
0 to 100°C ±0.1 C, 0-100%RH ±0.8 %RH Cal
Points- Temperature:25°C and 50°C Humidity: 20%
and 80%
12 09/30/2019
WC058886
Thermoelectric
Cooling
(TECA)
Conditioning
Cabinet
TC-
3300 33001-000 Use with Calibrated Probe 23±2C, 50±5%RH NCR NCR
WC058887 Rotronic HygroFlex
HF5 HF5 0060443724 See Rotronic HC2-S Probe ID WC058866 NCR NCR
WC059034 Rotronic HygroClip2
Probe
HC2-
S 20032361 0 to 100°C ±0.1 C, 0-100%RH ±0.8 %RH 12 10/31/2019
XRF
Asset
Number Manufacturer Description M/N S/N Range
Cal
Interval
(Months)
Cal Due
WC051512 Thermo Fisher
Scientific
X-ray Gun,
Printer and
STand
XI3T700 30859 n/a
calibrate
before
use
calibrate
before use
Test Report No. PR100697 Rev. 1
Page 17 of 17
***END OF REPORT***
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 9, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes called the meeting to
order at 5:00 p.m. A roll call was taken, and Council members present by video/audio were Lindsay
Hardy, Scott Prince, Tamra Underwood, RJ Andrade, and Amy Phillips. Councilor Thuon was absent. Also
present were Town Manager Eric Heil, Town Attorney Paul Wisor, Chief of Police Greg Daily, Planning
Director Matt Pielsticker, Human Resources Director Lance Richards, Town Engineer Justin Hildreth,
General Government Manager Ineke de Jong, and Town Clerk Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:00:41
Mayor Smith Hymes mentioned Council meeting is Live on Channel Five and Facebook and explained
how to participate and provide public comments through Zoom, phone or email. She reiterated that
Councilors cannot check their digital devices during the meeting and asked the public to provide public
comments by Zoom, phone, or email. She also mentioned the very difficult week for our County as we
lost some very important people. She said they were a tremendous asset and they will be missed.
Mayor Pro Tem Phillips took over the meeting for a few minutes. Town Manager Eric Heil asked to
remove agenda item 9.3, Review of Annual Performance Process, and asked to reschedule this topic to
the next meeting.
Mayor Smith Hymes took charge of the meeting again. Councilor Underwood moved to approve the
agenda removing item 9.3. Mayor Pro Tem Phillips seconded the motion and the motion passed with a
vote of 6 to 0. Councilor Thuon was absent.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:04:33
Councilor Hardy explained she is recommending Caroline Shoeller on item 5.3. She said she is not biased
but wanted to disclose this. She recused herself from agenda item 5.4 as it is a discussion about her work
with her firm and Council.
Council discussed that Councilor Hardy has no monetary stake in recommending anyone to apply for PZC.
Councilor Underwood moved to find that Councilor Hardy has no conflict of interest for item 5.3. Mayor
Pro Tem Phillips seconded the motion and the motion passed with a vote of 5 to 0. Councilor Hardy
abstained from the vote and Councilor Thuon was absent.
Councilor Underwood moved to recuse Councilor Hardy from agenda item 5.4 due to a clear conflict of
interest. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 5 to 0.
Councilor Hardy abstained from the vote and Councilor Thuon was absent.
Mayor Smith Hymes asked Town Attorney Paul Wisor to address if Councilors living in Eaglebend Drive,
would have a conflict of interest with agenda item 5.2 which he explained is not the case this evening as
no Council members live within the neighboring definition.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 9, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
Mayor Smith Hymes introduced and welcomed Emily Myler, our General Government Intern, who joined
the Town at the start of the year and thanked her for the excellent Citizen Committee meeting minutes
included in tonight's packet.
4. PUBLIC COMMENT
Video Start Time: 00:11:25
Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via
email for public comments.
No public comments were made.
5. BUSINESS ITEMS
5.1. NOTICE OF AWARD OF FORMER TOWN HALL DEMOLITION (TOWN ENGINEER JUSTIN HILDRETH)
Video Start Time: 00:11:59
Town Manager Eric Heil clarified a small typo in the packet on page 3 which was supposed to read
"not unusual" but read "not usual".
Town Engineer Justin Hildreth joined the meeting and explained this item was continued from the
January 26th meeting. Michael Lindstrom joined the meeting with 2 colleagues and introduced his
team, Ish Robles and Jon Morgan. He spoke about his company's experience with asbestos removal
and their awareness of the scheduling constraints and expressed he is confident his company will
meet all the milestones. Council asked questions about the milestones and expressed concern to not
block any parking until the work actually starts and not a day earlier. Council thanked Michael
Lindstrom for recognizing the liquidated damages and importance of meeting deadlines.
Councilor Thuon joined the meeting at 5:22 p.m.
Michael Lindstrom spoke about weather conditions and mentioned the asbestos will be disposed of
safely in Denver, the non-toxic construction debris will go to the local landfill and the recyclable
materials will go to Frisco. He said that the biggest concern in terms of weather is transportation, not
the abatement itself.
Jon Morgan explained timelines on the abatement side, starting March 1 or a week before, if agreed
in the contract. Approximately 5 weeks for abatement, including a float week which includes erection
of the scaffolding and excavating soils to expose asbestos-containing membrane. Then 3 weeks for
the demo. He explained there are 2 weeks of "float" and the project timeline will be anywhere from
9 weeks to 12 weeks.
Michael Lindstrom explained a big job they are working in is nearly finished, so they will have all the
resources available to apply to Avon's project. He expressed no concern about capacity to start and
execute. He confirmed that the final surface reclamation is part of the scope of work.
Mayor Smith Hymes asked for public comments and no public comments were made.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 9, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
Mayor Pro Tem Phillips moved to authorize issuance of Notice of Award for the Former Town Hall
Demolition Project contract to the low bidder, Tasman Geosciences Inc. in the amount of $571,235
as approved in the Town of Avon 2021 Capital Projects Fund and direct Staff to increase the project
budget to $643,359. Councilor Hardy seconded the motion and the motion passed with a vote of 6
to 1. Councilor Thuon voted no.
5.2. PUBLIC HEARING: RESOLUTION 21-02 A RESOLUTION APPROVING FILE #PUD20002, A MINOR PUD AMENDMENT TO
LOT 1 AND TRACT A, BLOCK 1, FILING 2 EAGLEBEND SUBDIVISION (TOWN PLANNER DAVID MCWILLIAMS)
Video Start Time: 00 :40:32
Town Planner David McWilliams joined the virtual meeting, presented Resolution 21-02 and
explained the modification will allow for more land in Lot 1 therefore allowing a bigger building.
The applicant’s representative Jena Skinner joined the meeting with Angelo Veraldi, owner of the
property. He explained this minor PUD request is not for monetary gain, he is not a developer but a
31-year long local family who wants to make the most use of their property. Jena Skinner showed a
brief PowerPoint with maps & photos.
Councilor Underwood clarified the setback measurements of the future addition, from 4.4’ to 4.0’.
Councilor Hardy expressed concern on the setback measurements of 4.4’ on the proposal diagram
as well and asked about the PZC approval. Jena Skinner clarified 4.0 is recorded in the minutes and
this plat is not finalized and it will be corrected. Councilor Thuon expressed 4” is not a big difference
and that Council should help people in our community and get this approved tonight. Councilor
Andrade agreed. Mayor Pro Tem Phillips said she has no concern whether the setback is 4.4’ or 4.0’
and she is in full support of this addition.
Mayor Smith Hymes asked for public comments and no public comments were made.
Councilor Underwood moved to approve Resolution 21-02 for Case #PUD20002, an application for a
Minor PUD Amendment for Lot 1 and Tract A, Block 1, Filing 2 Eaglebend Subdivision, with the change
that the rear setback in the minor PUD amendment is not 4.4’ but 4.0’. Councilor Hardy seconded
the motion and the motion passed unanimously.
5.3. PLANNING AND ZONING COMMISSION APPOINTMENTS (PLANNING DIRECTOR MATT PIELSTICKER)
Video Start Time: 01:15:52
Mayor Smith Hymes said there are four applicants to fill out 3 seats tonight. She mentioned there
will be another opening in a couple of months and encouraged applicants to re-apply if not appointed
tonight. Planning Director Matt Pielsticker joined the meeting and explained the process for Council
to vote in this virtual format. He said each applicant will get a few minutes, then Council will have
the opportunity to ask questions. At the conclusion, each Councilor will email Town Clerk Brenda
Torres and Town Attorney Paul Wisor their votes, then the results will be read aloud into the record.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 9, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
Frist to be interviewed was Marty Golembiewski, who currently works in construction and previously
served on PZC. Council thanked him for reapplying. He said he would prefer the shorter term and can
easily jump in quickly as he has served before. Next was Caroline Shoeller. She is a landscape designer
at Zehren & Associates who recently relocated to Avon from Crested Butte. She mentioned she has
previously worked in some projects around the Town. She would prefer the shorter term as she
applied for grad school and would potentially start next fall. Next was Trevor MacAllister, who is a
Wildridge resident and a superintendent for R.A. Nelson. He expressed he prefers the longer term.
Last up was Anthony Sekinger who is an Avon Resident. He expressed he has a variety of experience
and is delighted to serve the Town he loves. He likes working in teams and listening to different
opinions. He expressed he is interested in the longer term.
Council voted via email to Town Clerk Brenda Torres and Town Attorney Paul Wisor. In the meantime,
Council discussed items 6.1 and 8.0. Then resumed to item 5.3.
Council returned to this item at video start time: 02:30:28
Town Clerk Brenda Torres read the votes out loud. The Final votes are:
Marty Golembiewski, short term with 7 votes
Anthony Sekinger, short term with 3 votes
Trevor MacAllister, long term with 4 votes.
Mayor Smith Hymes congratulated the new commissioners and welcomed them to PZC, and hopes
Caroline Shoeller will reapply in the future.
5.4. RESOLUTION 21-03 CONFIRMING THE ELIGIBILITY OF ZEHREN & ASSOCIATES TO CONTINUE TO PROVIDE DESIGN
SERVICES TO THE TOWN OF AVON (TOWN ATTORNEY PAUL WISOR)
Video Start Time: 02:32:56
Councilor Hardy had a conflict of interest with this item and shut off her audio/video at 7:33 p.m.
Town Attorney Paul Wisor explained the intention of this Resolution. He said this is a good practice
for the Town and for Zehren & Associates and he explained that any conflicts of interest for Councilor
Hardy with certain agenda items will still have to be assessed on a case by case basis. Town Attorney
Paul Wisor explained it was his choice to proactively put this Resolution on the agenda for discussion.
Mayor Smith Hymes asked for public comments and no public comments were made.
Mayor Pro Tem Phillips moved to approve Resolution 21-03 Confirming Zehren & Associates
eligibility to provide architectural, planning, interior design, landscape architecture and related
services to the Town of Avon. Councilor Prince seconded th e motion and the motion passed
with a vote of 6 to 0. Councilor Hardy was recused and away .
Councilor Hardy returned to the meeting after the voting at 7:40 p.m.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 9, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
6.MINUTES
6.1. APPROVAL OF JANUARY 26, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES)
Video Start Time: 02:20:00
This item was discussed while waiting for final votes of item 5.3.
Mayor Pro Tem Phillips moved to approve the January 26, 2021 Regular Meeting Minutes as
presented. Councilor Hardy seconded the motion and the motion passed unanimously.
7.WRITTEN REPORTS
7.1. January 19th Planning and Zoning Commission Meeting Abstract (Town Planner David
McWilliams)
7.2. Draft January 19th Health & Recreation Committee Meeting Minutes (General Government
Intern Emily Myler)
7.3. Draft January 21st CASE Committee Meeting Minutes (General Government Intern Emily
Myler)
7.4. Draft January 28th Finance Committee Meeting Minutes (General Government Intern Emily
Myler)
7.5. Report on Individually Assigned Take-Home Vehicles in Avon Police Department (Police Chief
Greg Daly)
8.MAYOR AND COUNCIL MOMENTS & MEETING UPDATES
Video Start Time: 02:21:39
This item was discussed while waiting for final votes of item 5.3.
Councilor Underwood reported that she attended her first Northwest Colorado Council of Governments
meeting since she was appointed as Avon's representative in January. She informed Council that the
mountain migration report is and will be an enhanced report from the last copy in 2008. A collaboration
between NWCCOG and CAST will produce this report and an upcoming survey will be a huge data source.
She informed Council that Avon will have a hand in the survey, which is being developed now and is
scheduled to be published in early March. If Councilors have any requests for survey questions, please
email her that question or just the data point / topic to be addressed, please email her this week so she
can relay the information as Avon's representative. She suggested when the survey gets published,
perhaps Avon can use the Engage Avon platform to do so. Secondly, she said that they have also
published a very full childcare report and she is happy to provide Councilors a copy upon request. Lastly,
she received an Eagle County Comprehensive plan update and the Vista Project is a part of this. She
requested that Mayor Pro Tem Phillips, as Avon's Vista liaison, be cognizant of involving our LatinX
neighbors in this project.
Mayor Smith Hymes spoke about the interest and concern about what is happening with the rail line.
She said we will put documents, updates, and communications on www.engage.avon.org. There will be
a section for the Tennessee Pass Rail Line.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 9, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
Councilor Thuon wanted to clarify for the record that we as the Town are not supporting or opposing the
rail line, but we are gathering information and exploring what the impacts would be. Mayor Smith Hymes
said we will explain the process on engage.avon.org. We have an obligation and need to gather info, not
have an opinion. Our current step is to understand the issue and communicate that to the community.
9. EXECUTIVE SESSION
Video Start Time: 01:53:09 Part Two
9.1.For the purpose of receiving legal advice pursuant to Sec. 24-6-402(4)(b) and for the purpose of
determining negotiating positions pursuant to Sec. 24-6-402(4)(e)(I) regarding a potential water
storage agreement of the Upper Eagle River Water Authority.
9.2.For the purpose of receiving legal advice pursuant to Sec. 24-6-402(4)(b) and for the purpose of
determining negotiating positions pursuant to Sec. 24-6-402(4)(e)(I) regarding a potential affordable
housing project. (10 Minutes) 7:50
9.3.For personnel matters pursuant to Sec. 24-6-402(4)(f) regarding the annual Town Manager
performance evaluation process
Mayor Smith Hymes explained that the Executive Session is up next, this will be informational updates
from Town Attorney Paul Wisor and no decisions will be made. He requested a motion to move into
Executive Session for the purposes outlined in agenda items 9.1 and 9.2. Mayor Pro Tem Phillips moved
that motion. Councilor Underwood seconded the motion and the motion passed with a vote of 7 to 0.
The time was 7:42 p.m.
The Executive Session started at 7:44 p.m.
The Executive Session ended at 9:03 p.m.
10. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 9:03 p.m.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 9, 2021
SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19
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
Chico Thuon
Scott Prince
Tamra Underwood
Lindsay Hardy
RJ Andrade
PLANNING AND ZONING COMMISSION MEETING ABSTRACT
TUESDAY, FEBRUARY 16, 2021
VIRTUAL MEETING
1. CALL TO ORDER AND ROLL CALL
Chairperson Jared Barnes called the meeting to order at 5:06 p.m. A roll call was taken, and Planning Commission
members present were Donna Lang, Sara Lanious, Marty Golembiewski, Anthony Sekinger, Trevor MacAllister,
and Steve Nusbaum. Also present were Town Planner David McWilliams, Planning Director Matt Pielsticker, and
Town Attorney Paul Wisor. Mayor Sarah Smith-Hymes attended as a member of the public.
2. SWEARING IN OF NEW COMMISSIONERS: MARTY GOLEMBIEWSKI/TERM ENDING MAY 2021, ANTHONY
SEKINGER/TERM ENDING MAY 2021, TREVOR MACALLISTER/TERM ENDING MAY 2022 (TOWN CLERK BRENDA
TORRES)
Action: Brenda Torres swore the new Commissioners in.
3. APPROVAL OF AGENDA
Action: Commissioner Sekinger motioned to approve the agenda. Commissioner Lanious seconded the motion and
it carried unanimously 7-0.
4. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS
Action: No conflicts or communication were disclosed.
5. BUSINESS ITEMS 5.1. 5150 LONGSUN L ANE- LOT 61 BLOCK 4 WILDRIDGE S UBDIVISION – CONTINUED PUBLIC HEARING – PUD
LOT SPLIT TO CHANGE THE LOT FROM DUPLEX RIGHTS TO RIGHTS FOR TWO SINGLE FAMILY HOUSES (TOWN
PLANNER DAVID MCWILLIAMS & JEFF MANLEY).
Public Comment: None.
Action: Commissioner Nusbaum motioned to approve Case #PUD21001 with the following findings and conditions:
Findings:
1. The Application meets the eligibility requirements for a Minor PUD Amendment by not increasing
density, increasing the amount of nonresidential land use, or significantly altering any approved
building scale and mass of the development;
2. The Application is complete;
3. The Application provides sufficient information to allow the PZC to determine that the Application
complies with the relevant review criteria;
4. The Application is in conformance with §7.16.060(e)(4), Review Criteria, ADC, and compared to the
underlying zoning, the Minor PUD Amendment is not likely to result in significant adverse impacts
upon the natural environment or neighboring properties;
5. The application complies with the goals and policies of the Avon Comprehensive Plan;
6. The Application does not change the character of the development and maintains the intent and
integrity of the PUD with two residential dwelling units on the Property; and
7. The Application promotes the public health, safety and welfare over that of the existing development
rights for a duplex because the Applicant is imposing stricter standards than the existing development
standards.
Conditions:
1. Storm water drainage easements between property lines shall be demonstrated with a subdivision
application; and
2. Plat Note 9 will be amended to state that roof overhangs, decks and terraces are not allowed to
extend beyond the building envelope.
Commissioner MacAllister seconded the motion and it carried unanimously 7-0.
5.2. 5150 LONGSUN LANE- LOT 61 BLOCK 4 W ILDRIDGE SUBDIVISION – WORK SESSION – PRELIMINARY DESIGN
(TOWN PLANNER DAVID MCWILLIAMS & JEFF MANLEY).
Action: Commissioners asked questions and made design comments relating to the two structures presented in the
PUD Amendment application. Commissioners Nusbaum and Lang left the meeting.
6. ART IN A VON – WORK SESSION - UPDATE ON (1) ART AROUND AVON PROGRAM; AND, (2) AVON RECREATION
MURAL P ROJECT (CULTURAL, ARTS & SPECIAL EVENTS MANAGER DANITA DEMPSEY).
Action: The art programs were presented.
7. CONSENT AGENDA 7.1. FEBRUARY 2, 2021 MEETING MINUTES
7.2. RECORD OF DECISION –
7.2.1. 5380 EAGLEBEND D RIVE – #MJR20005 – MAJOR DEVELOPMENT PLAN
Action: Commissioner Lanious motioned to move the consent agenda items to the next meeting due to lack of
quorum for PZC members attending the February 2 meeting.
8. STAFF UPDATES
Action: Staff presented various updates including projects on engage.avon.org.
9. ADJOURN
There being no further business before the Commission adjourned the meeting at 6:43 p.m.
These meeting notes 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.
RESPECTFULLY SUBMITTED:
David McWilliams
(970) 748-4087 ewood@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Elizabeth Wood, Communications & Marketing Manager
RE: 2021 Brand Guidelines Update DATE: February 15, 2021
SUMMARY: In 2016, Avon enlisted the services of Slate Communications to create and launch brand
guidelines used to develop the current Avon.org website and several other branding elements throughout
Town. This includes informational signage, report templates, logo standards and other design elements that
create brand consistency throughout all Town departments.
The 2021 Brand Guidelines are a refreshed version of these guidelines including new secondary colors in
the color palette, updated fonts, logos that include the ‘Heart of the Valley’ tagline and parameters to make
it easier for Staff to consistently implement Avon brand elements. The purpose of these guidelines is to
keep Avon’s brand identity uniform, professional and recognizable. In addition to use by Staff, these
guidelines can be used by designers, event producers, vendors and anyone else using Avon brand
elements in marketing or promotional materials.
Thank you, Liz
ATTACHMENT A: 2021 Brand Guidelines
FEBRUARY 2021
BRAND GUIDELINES
Town of Avon Brand Guidelines Table of Contents
Logos 1
Department Logos 3
Logo Standards 5
Logo Standards: Do Not 6
Contrast 7
Colors 8
Typefaces 9
Email Signature 10
Informational Signage 11
Design Elements 14
Monthly Newsletter 16
Compelling Photography 17
Branding in Motion 19
TABLE OF CONTENTS
Town of Avon Brand Guidelines 1
TYPES OF LOGOS
All Town logos can be found in the T: Drive in the Logos folder. Never
use the Town logo inside a white rectangle—the logo should have
no background. The word “Colorado” can be removed from the tag
line only when the audience is local.
Standard Three-Color Logo Avon Logo without Colorado
Two-Color Logo One-Color Logo
Black Logo White Logo on dark background
Town of Avon Brand Guidelines 2
TYPES OF LOGOS
Use of the “Heart of the Valley” logo is limited to strictly Eagle County
audiences. The text for the A, O and N can be black or white with
red v’s and tag line.
Black Heart of the Valley Logo White Heart of the Valley Logo
Town of Avon Brand Guidelines 3
DEPARTMENT LOGOS
Avon Police Department
Avon Police Department Patch
Town of Avon Brand Guidelines 4
DEPARTMENT LOGOS
Other Departmental Logos
Department Logos should be used for internal memos and other
internal communication and at the top of Council Reports.
Town of Avon Brand Guidelines 5
LOGO STANDARDS
Standard Logo Minimum Size
The logo must be printed or
reproduced at least 1” or 72 pixels
in width to maintain legibility.
1”
Required Space around Logo
Leave ¼” open space on all sides of logo.
There should be uniform spacing around
the logo and it should be aligned with text.
Respect the Safe Area
Town of Avon Brand Guidelines 6
LOGO STANDARDS: DO NOT
Don’t apply a drop shadow Never rotate
Don’t stretch Never use the color-version on
a dark background
Don’t change colors
Town of Avon Brand Guidelines 7
CONTRAST
Appropriate Contrast: use a dark logo on light backgrounds and a
white logo on dark backgrounds.
Logos should be placed on a legible area of the image, so they stand
out and are clearly visible. Only use a solid color logo over an image
unless the image has a large white space. Never put a white box
around the logo in an image.
Incorrect Examples Correct Examples
Town of Avon Brand Guidelines 8
COLORS
1495 C c0 m38 y85 k3
R247 G148 B29 F7941D
383 CP c29 m1 y100 k18 R168 G173 B0 8AD00
485 C c7 m98 y100 k1
R220 G39 B38 DC2726
447 CP c50 m30 y40 k90 R55 G58 B54 373A36
7506 C c8 m10 y22 k0 R233 G222 B198 9DDC6
Primary Colors
Pantone CMYK RGB Web
Color Formula Formula/PPT Hex
Support Colors
OR*
*The red and orange are never used together
Pantone CMYK RGB Web
Color Formula Formula/PPT Hex
How to use the Avon colors
Avon primary colors are used in most communication. The
secondary support colors are used sparingly. For example, Avon red
is used in the Heart of the Valley logo. Avon orange is used in the
newsletter header. The red and orange are never used together.
3155 CP c100 m9 y29 k47 R0 G98 B114 006272
Town of Avon Brand Guidelines 9
TYPEFACES
Are fonts and their typical uses cab be found below. Exceptions to
use of these 4 fonts, are event posters and rec center publications.
Please contact the Avon Communications Manager for guidance.
Arial Narrow (For formal audiences, internal documents, and Council reports)
This is sample language for viewing different typefaces. It is an example of sentence case.
THIS IS SAMPLE LANGUAGE IN ALL CAPITALS.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Sample language in bold. Sample language in italics. Sample language in bold italics.
___________________________________________________________________________________
Avenir Next LT Pro (For public signs in Avon. This includes town-produced special
events.)
This is sample language for viewing different typefaces. It is an example of sentence
case.
THIS IS SAMPLE LANGUAGE IN ALL CAPITALS.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Sample language in bold. Sample language in italics. Sample language in bold
italics.
___________________________________________________________________________________
Century Gothic (For informational documents meant for the public)
This is sample language for viewing different typefaces. It is an example of
sentence case.
THIS IS SAMPLE LANGUAGE IN ALL CAPITALS.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Sample language in bold. Sample language in italics. Sample language in
bold italics.
___________________________________________________________________________________
Cavolini (For informal or children audience)
This is sample language for viewing different typefaces. It is an
example of sentence case.
THIS IS SAMPLE LANGUAGE IN ALL CAPITALS.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
17 18 19 20
Sample language in bold. Sample language in italics. Sample
language in bold italics.
Town of Avon Brand Guidelines 10
EMAIL SIGNATURE
When emailing on behalf of the Town, all Staff, Committee, and Council
members should use the email signature template below.
First Line: Name in bold 10-point Arial Narrow font
Second Line: Title in bold 8-point Arial Narrow Font
Third Line: Work phone number in bold 8-point Arial Narrow Font
Fourth Line: Hyperlinked email in bold 8-point Arial Narrow Font
Fifth Line: Avon Logo that links to Town website.
TIP: Always use the Town logo without a background.
John Doe
Branding Specialist
970.748.4000 jdoe@avon.org
Town of Avon Brand Guidelines 11
INFORMATIONAL SIGNAGE
Point of Interest Direction Sign Example
3155 CP arrows with from logo
Recreation Center Informational Sign Examples
Town of Avon Brand Guidelines 12
INFORMATIONAL SIGNAGE
Nottingham Park Sign Examples
Town of Avon Brand Guidelines 13
INFORMATIONAL SIGNAGE
Town of Avon Brand Guidelines 14
DESIGN ELEMENTS
All Town documents, signs, and marketing material can feature the
following design elements using the Town color palette. Various
design elements are addressed in different Town documents and
informational signage.
Mountains & Trees Silhouette Footer
Town of Avon Brand Guidelines 15
DESIGN ELEMENTS
Mountain Silhouette
2020 Reusable Bags
Town of Avon Brand Guidelines 16
MONTHLY NEWSLETTER
Month Year Arial 37 Bold
Segment Heading Helvetica 19.5 Bold
Subheading Helvetica 16.5 Bold
Content Helvetica 11 point.
Separate Sections with heartbeat graphic
Town of Avon Brand Guidelines 17
COMPELLING PHOTOGRAPHY
Compelling photographs represent a meaningful connection with
the Town and evoke a desire to step into the image. All photos can
be found at T:/PHOTOS. Beginning in 2016, photos are organized by
date in the ALL TOWN PHOTOS folder. Current photography
contracts do not require a credit. Any required credit is listed in the
folder title with the word ‘Required.’ Examples of compelling
seasonal photographs are listed below. The Town also subscribes to
Shutterstock for more general images
Please reach out to Liz Wood if you are looking for a specific
photograph or type of photograph.
EXAMPLES OF WINTER
EXAMPLES OF SPRING
Town of Avon Brand Guidelines 18
COMPELLING PHOTOGRAPHY
EXAMPLES OF SUMMER
EXAMPLES OF FALL
Town of Avon Brand Guidelines 19
BRANDING IN MOTION
When the Town of Avon purchases new vehicles, branding elements
are added to vehicles to help distinguish them as uniquely Avon.
Public Town Buses
Rec Center Vans
970-748-4413 mpielsticker@avon.org
TO: Honorable Mayor Smith Hymes and Councilmembers FROM: Justin Hildreth, Town Engineer
RE: 2018, 2019 and 2020 Capital Improvement Program
DATE: February 19, 2021
SUMMARY: Town Council requested an update on the budget status of the 2018, 2019 and 2020 Capital
Improvement Program (CIP). The projects typically take several years to complete and for clarity,
individual project budgets are included in the year most of the work was completed. A project summary of
each year is attached to the memo.
SUMMARY OF 2018, 2019 AND 2020 CIP BUDGETS
YEAR TOTAL BUDGET EXPENDITURE DIFFERENCE
2018 $ 7,421,273 $ 7,278,203 $ 143,070
2019 $ 5,877,365 $ 5,861,615 $ 15,751
2020 $ 3,685,573 $ 2,994,575 $ 690,998
The CIP budget for each year was within total expenditures approved by Council. Staff develops proposed
project budgets based on the available information during budget season. Budgets listed in the 5-year CIP
are preliminary and conceptual in nature. The project budgets are refined incrementally when the scope is
finalized, and project is designed.
ATTACHMENTS
2018 - Capital Project Final Financial Summary Report
2019 - Capital Project Final Financial Summary Report
2020 - Capital Project Final Financial Summary Report
2018 Capital Projects - Final Financial Report
Amount Under Budget
Project Budget Actual Expense (Over Budget)
Town Hall Tenant Finish (Construction)
Amended Budget Approved 6/26/18 by Council 4,231,653$ 4,355,141$ (123,488.00)$
Town Hall Tenant Finish (Design)240,000$ 201,412$ 38,588$
Fiber - Police to Town Hall 135,275$ 102,357$ 32,918$
Mobility Garage Door Repairs 55,000$ 22,421$ 32,579$
Mobility Solar Panels 325,000$ 258,258$ 66,742$
Lot 5 Recycling Center (funded by Eagle
County)15,000$ 22,839$ (7,839)$
H.A. Nottingham Park Playground 872,266$ 872,266$ -$
H.A. Nottingham Park Fitness Court 140,000$ 210,221$ (70,221)$
East Beaver Creek Blvd Repair (Village Section)59,579$ 59,579$ -$
2018 Microsurfacing Project 250,000$ 205,229$ 44,771$
Nottingham Road Paving and Sidewalk 1,097,500$ 968,481$ 129,019$
7,421,273$ 7,278,203$ 143,070$
2019 Capital Projects - Final Financial Report
Amount Under Budget
Project Budget Actual Expense (Over Budget)
Avon ECO Transit Shelter (Funded by ECO
Transit)120,000$ 97,395$ 22,605.00$
Recreation Center Weight Room Expansion 500,000.00$ 460,548$ 39,452.00$
Hahnewald Barn Feasibility Study 135,000.00$ 135,000$ -$
Eagle River Whitewater Park Repair 221,390$ 245,758$ (24,368.00)$
Post Blvd Irrigation Wet Well 45,000$ 43,403$ 1,597.00$
Wayfinding Signage 84,145$ 84,145$ -$
Guardrail Repair 40,000$ 36,560$ 3,440.00$
West Beaver Creek Blvd UPRR Crossing
Improvements 200,000$ 234,121$ (34,121.00)$
Beaver Creek Blvd Streetscape Improvements 4,025,943$ 3,990,384$ 35,559.00$
Riverfront Trail Connector 210,000$ 238,414$ (28,414.00)$
Town Hall End of Project Scope Changes 295,887.00$ 295,887$ -$
5,877,365.00$ 5,861,615.00$ 15,750.00$
2020 Capital Projects - Final Financial Report
Project Budget Actual Expense
Amount Under Budget
(Over Budget)
Town Hall Control System 10,715$ 10,715$ -$
Fiber Pavilion to Town Hall 70,000$ 70,000$ -$
Level 2 Charging Station at NTH 35,000$ 5,000$ 30,000$
Level 3 DC Station 75,000$ 75,000$
NTH Security Improvements 125,000$ 112,700$ 12,300$
Nottingham Park Utility Upgrade 350,000$ 305,685$ 44,315$
Pavilion Retractable Door 322,928$ 322,928$ -$
O'Neil Spur Improvements Design 20,000$ 18,012$ 1,988$
Wildfire Mitigation 40,000$ 22,860$ 17,140$
Nottingham Park Benches 26,640$ 26,640$ -$
Mall Activation Elements 30,000$ 20,088$ 9,912$
Annual Guard Rail Repair 40,000$ 38,669$ 1,331$
Eaglebend Paving 300,000$ 190,229$ 109,771$
Yoder Ave. Resurfacing 550,000$ 206,540$ 343,460$
Benchmark Road On-Street Parking 600,000$ 600,000$ -$
Nottingham Debris Flow Mitigation
Improvements 425,000$ 425,000$ -$
Avon Road Water Quality Vault Projects 315,000$ 269,219$ 45,781$
Broadband 125,000$ 125,000$ -$
Finance and Community Dev. Computer System 225,290$ 225,290$ -$
TOTAL 3,685,573$ 2,994,575$ 690,998$
M E M O R A N D U M
TO: Board of Directors
FROM: Catherine Hayes, Board Secretary
DATE: Jan. 31, 2021
RE: Summary of Authority’s Jan. 28, 2021, virtual Board Meeting
The following is a summary of items discussed at the Jan. 28, 2021, Authority Board Meeting:
Board members present and acting were Chair George Gregory, Secretary Kim Bell Williams, Treasurer
Geoff Dreyer, Pam Elsner, Sarah Smith Hymes, Mick Woodworth.
IT Security Audit
Insurance Policy
The board agreed that cybersecurity coverage should be added to the District’s
insurance policy to protect against the costs of a security breach.
Subcommittees The joint water demand management subcommittee was renamed “Water Supply”
and Sarah Smith Hymes was appointed as a second Authority representative,
joining Mick Woodworth and District directors Kate Burchenal and Steve Coyer.
Board Member Input Linn Brooks reported discussions with Eagle County regarding the water quality at
the Eagle River Mobile Home Park. Linn also reported progress was made with the
cloud seeding program, to which the Authority and District both contributed for
2021.
Drought Mitigation
and Excessive Use
Strategy
Diane Johnson and Len Wright discussed summer planning due to the current
drought conditions. Staff is mobilizing a water demand management effort to target
excessive users, which is the best opportunity to reduce consumptive use. Current
strategies include enforcement mechanisms, rules and regulations, and policy
updates.
COVID-19 Update Linn Brooks updated the board on COVID-19 operations and noted no new cases
among staff since her report of Jan. 20. Staff is working with Eagle County public
health to determine where District employees are in the vaccination order.
Finance Update David Norris reported on tap fee collection in 2020, which was slightly lower than
projected due to many developers paying the fees in late 2019, prior to the annual
increase. Monthly customer payments are stable. The board advised David to
continue quarterly financial reporting, but to inform the board of any significant
variances monthly.
CDOT West Vail Pass
Project
Siri Roman reported on the West Vail Pass Auxiliary Lane project, which will add a
third lane to I-70 on the west side of Vail Pass, along with other improvements. The
Federal Highway Administration approved the finding of no significant impact for the
project, though staff continues to express concerns regarding water quality impacts.
CDOT agreed to water quality studies and sediment control efforts. Funding is in
place for Phase 1, which is expected to move quickly.
Summary of Authority’s Jan. 28, 2021, virtual Board Meeting Page 2 of 2
Engineering and
Water Resources
Update
Jason Cowles reported on the River District’s demand management advisory
committee, which is gathering stakeholders’ viewpoints and reactions regarding the
proposed voluntary, temporary program. West Slope participants seem unsure as to
the efficacy of a voluntary program to make long-term impacts on the current water
supply situation.
Communications
Report
Diane Johnson discussed membership in various water-related groups and
committees across the state. She also noted articles from her report that focused on
water speculation and related information.
970-748-4065 ddempsey@avon.org
TO: Honorable Mayor Smith Hymes and Council Members FROM: Danita Dempsey, CASE Manager
RE: Art Projects in Avon
DATE: February 16, 2021
SUMMARY: This report provides a written update on the temporary and/or permanent art installations
planned for this Spring and Summer. There is no action required by Council.
BACKGROUND: During the fall and winter months, the CASE Committees work included further
development of art programs, temporary and/or permanent installations, inventory tracking and driving
awareness to art in Avon. The art programs and installations planned for this spring and summer include
the following:
1. Storm Drain Educational Decals
2. Art Around Avon Program
3. Avon Recreation Center Mural Project
4. Painted Benches
5. Musical Instruments
I am happy to announce that I have received numerous emails from artists and there are currently eight
submissions for the Art Around Avon Program: and, five submissions for the Mural Project.
Below is a description of each of the above projects as well as a list of individuals who make up the Jury
Panel for each. With that said, I was selective with invitations to be on the Jury Panel and have a high level
of confidence in their ability to not let their taste overwhelm their role and knowing that what some may find
off-putting others will find interesting.
1. Storm Drain Educational Art Installation: I was asked to participate alongside the Town
Engineer and the Eagle River Water Shed Council to select locations and develop decals which
adhere to hard-scape surfaces educating the public about storm drains and promote the health of
our valuable natural waterways. The decals along with educational signage will be installed in
early spring and removed in late fall; and, hopefully become a yearly program. I released a Call For
Artist / Request for Qualification and attached as Exhibit A, on November 30, 2020 which had a
deadline of January 15th. The Town of Vail has had tremendous success with their annual Storm
Drain Education Program; photos of the decals in Vail are provided and attached as Exhibit B.
Jury Panel: The Jury Panel for this process for this installation was simple and straight forward
with panelist rating the submissions 1 through 5; 1 representing they did not like the artist’s work
and 5 being they really liked the artist’s work. The Jury Panel consisted of the Town Engineer,
Eagle River Water Shed Council representative and me. We reviewed six application submittals to
determine artist selection; the artist selection deadline is March 1st.
2. Art Around Avon Program: This program is modeled after the Art Around Town program in the
Town of Carbondale which has had great success. This program is a mechanism for temporary
installations throughout the Town core which will be renewed/rotated out each year with minimal
investment from the Town. Additionally, the program delivers community vibrancy, placemaking,
970-748-4065 ddempsey@avon.org
supports the art community with awareness, financial compensation, opportunity to sell works
which includes a revenue share between the artist and the Town; and, speaks to both residence
and destination guests.
The Call For Artist / Request for Proposals (RFP) was released through an on-line artist
application, selection and jury process earlier this week. A selected group will jury the submissions
through the on-line platform (CAFÉ) between March 15th and April 1st. The full timeline is provided
in the RFP and attached as Exhibit C. Assuming this program will have the same success as
Carbondale’s, it would become annual with artists call out beginning in November, deinstalls in
late-May 2022 and re-installs at the beginning of June 2022. Each year the new selections are
presented to the community through the Art Around Avon event supported by a walking-map which
will available year-round.
Through collaboration with Vail Valley Art Guild, Town Manager, Town Engineer and Community
Development, nine (9) exhibition locations were identified for installations along Avon Road and E.
Benchmark Road in 2021 (Phase 1), four (4) exhibit locations in 2022 (Phase 2) in West
Nottingham Park; and, four (4) exhibit locations in 2023 (Phase 3) along the south side of
Nottingham Lake and Metcalf Cabin. The total number of phased exhibition locations in the Art
Around Avon program by June 2023 is 17.
Jury Panel: A list of the individuals on the Jury Panel; and, a short bio on those who are not
employed by the Town or on the CASE Committee, is provided below.
a. Andrew Pranger – Vail Valley Art Guild: “…over 15 years of arts education and
experience including studying at The Centre for the Arts in Richmond, Virginia, Fine Art
Painting at the University of Brighton in England (BA Hons), and a Masters of Arts
Leadership and Cultural Management at Colorado State University (to be completed
Summer 21). I have been the President of the Vail Valley Art Guild since December 2017,
currently sit on the ECSD Gifted Arts Student Selection Panel, and regularly show my work
at galleries across the US and Europe."
b. Melissa Macdonald-Nelson – Vail Valley Art Guild: “…former Executive Director of the
Eagle River Watershed Council for seven years in Avon, has a long history in art. Starting
with art classes as a child at the Cleveland Art Museum and studying more recently at the
Denver Art Museum, Denver Art Students League and privately with numerous nationally
known instructors, she is now a working artist. An extensive art collector, Ms. Nelson
evaluated, bought, and sold paintings internationally starting in 2000. Today she is the
Treasurer of the Vail Valley Art Guild.”
c. Lindsay Hardy – CASE Committee and Avon Town Council Member
d. Justin Hildreth – Town Engineer
e. Matt Pielsticker – Director of Community Development
f. Drew Isaacson – Public Works Superintendent
g. Danita Dempsey – CASE Manager
h. Pedro Campos – CASE Committee
970-748-4065 ddempsey@avon.org
3. Avon Recreation Center Mural Project: As the Town is embarks on the planning and/or building
phase for Nottingham Park improvements (cabin remodel, public restrooms, beach restrooms
building) and eventually the west Main Street Mall (“MSM”) extension and Lot B hotel development;
the Mural location will become a focal point and gateway to Nottingham Park. The recommended
approach and not unlike other communities were to solicit an RFP/Call For Artist providing
guardrails around design and theme and require potentially multiple design iterations. The
application, selection and jury process for the Mural project is more robust than the others listed
above and may include an opportunity for citizens to comment outside of the Town Council forum.
Critical to the success, community acceptance and appreciation of this project is the Overview,
Design & Theme and Project Intent sections in the Call For Artist/RFP. These were discussed/fine-
tuned in the January CASE Committee meeting and I have provided them below. The full Call For
Artist/RFP is attached as Exhibit D.
a. Overview: The Recreation Center Mural Project (“Mural”) will help to establish a creative
identity and spirit for the developing hardscape connection between the west end of the
Main Street Mall and Harry A. Nottingham Park; the crowned jewel of the Town. The
Mural will become a significant landmark, focal point, and gateway to Nottingham Park
which inspires community, conversation, and connection. Applicants may apply to design
murals for one, two or all three walls although one artist or artist team for all three walls is
preferred.
The enhancement of public places by integrating the creative work of artists improves the
pedestrian experience and promotes vibrancy, creativity, and livelihood in the community.
The presence of and access to public art enlivens public areas and their grounds and
makes them more welcoming. It creates a deeper interaction with the places where we
live, work, and visit. Public art illuminates the diversity and history of a community, and
points to its aspirations for the future.
a. Project Intent: To create a significant landmark, focal point, and gateway between the
east entry to Nottingham Park and the Main Street Mall which inspires community,
conversation, connection; and, identifies Avon as an art community. The selected artist
is responsible for working with Town representatives on all aspects to include multiple
iterations of design.
b. Design & Theme: The CASE Committee is seeking a design that will delight people with
a unique and cheerful character representative of the mountain lifestyle. The theme could
speak to the beauty of the area’s natural resources (Nottingham Park and Lake, Eagle
River, native wildlife and/or plant/floral life); cultural legacy (Salute to the USA signature
event, AvonLIVE! concert series, bronze sculpture collection), historical preservation
(Metcalf Cabin, Nottingham Ranch, water wheel and Bob the Bridge); or the future of our
creative and influences of our Latino cultural landscape. The design should not be
landscape of mountain scenery nor demonstratively urban.
970-748-4065 ddempsey@avon.org
Jury Panel: A list of the individuals on the Jury Panel; and, a short bio on those who are not
employed by the Town or on the CASE Committee, is provided below.
a. Doe Browning – “I have been a Valley resident since 1999 and have a Bachelor of Fine
Arts degree in Ceramics, Metals and Jewelry from Philadelphia College Arts (now
University of the Arts) and a studio artist for many years. I served on the Town of Vail Art
in Public Places Board for 8 years and was chairman for 5. My favorite valley art
participation is as a two-time contestant in Project Funway (2nd place in 2015, 1st place in
2018) and as a judge (2019).”
b. Andrew Pranger – Vail Valley Art Guild: “…over 15 years of arts education and
experience including studying at The Centre for the Arts in Richmond, Virginia, Fine Art
Painting at the University of Brighton in England (BA Hons), and a Masters of Arts
Leadership and Cultural Management at Colorado State University (to be completed
Summer 21). I have been the President of the Vail Valley Art Guild since December 2017,
currently sit on the ECSD Gifted Arts Student Selection Panel, and regularly show my work
at galleries across the US and Europe."
c. Melissa Macdonald-Nelson – Vail Valley Art Guild: “…former Executive Director of the
Eagle River Watershed Council for seven years in Avon, has a long history in art. Starting
with art classes as a child at the Cleveland Art Museum and studying more recently at the
Denver Art Museum, Denver Art Students League and privately with numerous nationally
known instructors, she is now a working artist. An extensive art collector, Ms. Nelson
evaluated, bought, and sold paintings internationally starting in 2000. Today she is the
Treasurer of the Vail Valley Art Guild.”
d. Lindsay Hardy – CASE Committee and Avon Town Council Member
e. Amy Phillips – CASE Committee and Avon Town Council
f. Eric Heil – Town Manager
g. Matt Pielsticker – Director of Community Development
h. John Curutchet – Director of Recreation Center
i. Danita Dempsey – CASE Manager
j. Jason Denhart – Former CASE Committee Member
k. Kathy Ryan – CASE Committee
l. Ruth Stanley – CASE Committee
4. Painted Benches: In 2020, the Town engaged a local artist to create designs and paint six (6)
park benches. This project was completed in September and the benches are located along Avon
Road and E. Benchmark Road. I would like to continue this project by adding four (4) new painted
benches in summer of 2021, if there is room in the approved budget.
5. Musical Instruments: In 2020, the Town purchased four playable music instruments which will be
installed in late spring or early summer.
970-748-4065 ddempsey@avon.org
FINANCIAL CONSIDERATIONS: The 2021 approved budget includes $45,000 for temporary and/or
permanent art installations. Table 1 below identifies the current cost estimate for each project which I will
continue to work towards gathering more accurate costs so that we come in at or under budget.
This is a very exciting time! The Jury Panelist, CASE Committee and I are thrilled that Avon is taking the
first steps to begin identifying itself as an “art community”. I will be providing updates to Town Council
along the way.
Thank you, Danita
ATTACHMENTS
EXHIBIT A – Arts Call Out / RFP Storm Drain Educational Art Installation
EXHIBIT B – Town of Vail Storm Drain Educational Decals
EXHIBIT C - Call For Artist / RFP Art Around Avon Program
EXHIBIT D – Call For Artist / RFP Recreation Center Mural Project
Art Installation Cost Estimate
Rec. Center Mural 24,010$
Art Around Avon Program 20,990$
Storm Drain Educational Art 1,500$
Painted Benches 4,250$
TOTAL 50,750$
2021 Temporary / Permanent Art Installations
Table 1
Artist Call Out / Request for Qualifications Storm Drain Educational Art Installation Page 1 of 2
CALL FOR ARTIST / REQUEST FOR QUALIFICATIONS
TOWN OF AVON STORM DRAIN EDUCATIONAL ART INSTALLATION for 2021
The Town of Avon, Colorado, (“Town”) invites all qualified artists to submit a Statement of Qualifications
to provide professional artistic designs for printed decals to educate the public about storm drains and
promote the health of our valuable natural waterways . The selected artists will be commissioned to create an
original and specific work depicting one of the five Colorado wildlife species that live in or near our natural
waterways, such as Cutthroat Trout, Boreal Toad, Bald Eagle, American Dipper, Stoneflies, American Beaver
or other species at artists’ suggestion. The images will be digitally transferred to a slip resistant decal which
will be adhered in proximity to selected storm drains throughout the Town of Avon. Selected artists will
receive a $500 stipend.
The enhancement of public places by integrating the creative work of artists improves the pedestrian
experience and promotes vibrancy, creativity and livelihood in the community. The presence of and access to
public art enlivens the public areas of bui ldings and their grounds and makes them more welcoming. It creates
a deeper interaction with the places where we live, work, and visit. Public art illuminates the diversity and
history of a community, and points to its aspirations for the future.
In the past, motor oil, paint, detergents, paints, fertilizers, pesticides and household products have been
dumped down storm drains in our communities. Unlike sanitary sewers, storm drains flow directly into our
natural waterways unfiltered. Dumping waste down a storm drain is no different from dumping directly into our
rivers, creeks and streams . The purpose of this art installation will be to highlight the direct connection
between storm drains and our natural waterways.
Site Description: Various storm drain sites in highly trafficked areas in the Town along main roadways, Main
Street Mall, Recreation Center and surrounding public parks and playgrou nds.
Anticipated Timeline:
•Deadline for entry: January 15, 2021.
•Proposed selection notification: March 1, 2021.
•Commissioned art deadline: May 1, 2021.
•Installation completed by June 1, 2021.
Please submit Statements of Qualifications by January 15, 2021. Please submit one digital copy in PDF
format to: Danita Dempsey, CASE Manager; Via E-Mail: ddempsey@avon.org
Statement of Qualification Content: Interested artists should include the following information in the
Statement of Qualifications. The Statement of Qualification should be in an 8 ½” x 11” portrait format with at
least 12-point font size.
EXHIBIT A
Artist Call Out / Request for Qualifications Storm Drain Educational Art Installation Page 2 of 2
A. Qualifications: Submit summary statement of artistic work and style, vision and recommended
approach for this project.
B. Sample Work Product: Describe two (2) relevant past projects which best illustrate experience and
expertise including a brief summary of each project and sample imagery. Any sample imagery
provided to the Town shall remain the property of the applicant, and the Town shall not use any such
imagery without the applicant’s express written consent. Annotated image list to accompany any
submitted images (10 images max not to exceed 8MB).
C. Artist’s References: Provide at least two (2) references for completed projects of similar size and
scope, completed during the past three (3) years. Include the name of the organization, a brief
summary of the work performed and the name , telephone number and e-mail address of the
responsible contact person.
D. Conflict of Interest & Litigation: Provide a statement regarding any conflicts of interest and listing of
any litigation involving the artist in the past five (5) years and lawsuit dismissal and/or termination
outcomes.
The Town is not responsible for any expense for the preparation or submittal of the Statement of
Qualifications. The Town has no obligation to select or use the services of any consultant submitting a
Statement of Qualifications. The Town retains all rights to solicit and enter into agreements with consultants
for services or projects deemed necessary by the Town. Any questions may be directed to Danita Dempsey at
ddempsey@avon.org, (970) 748-4065.
Exhibit B
Town of Vail – Storm Drain Educational Decals
Artist Call Out / Request for Proposal Art Around Avon Project Page 1 of 3
CALL FOR SCULPTURE ARTISTS / REQUEST FOR PROPOSAL
TOWN OF AVON ART AROUND AVON PROGRAM for 2021
The Town of Avon, Colorado, (“Town”) requests proposals from multiple artists for the Art Around Avon
Program to promote the display of visual art throughout the Town of Avon community for the benefit of
residents and visitors. This is project of the Avon Town Council and Cultural, Arts & Special Events (“CASE”)
Committee.
The enhancement of public places by integrating the creative work of artists improves the pedestrian
experience and promotes vibrancy, creativity and livelihood in the community. The presence of and access to
public art enlivens public areas and their grounds and makes them more we lcoming. It creates a deeper
interaction with the places where we live, work, and visit. Public art illuminates the diversity and history of a
community, and points to its aspirations for the future.
Overview: The Art Around Avon is a new program with the goal of selecting up to nine (9) visual art pieces
for installation in pre-determined outdoor spaces in early June 2021. Selected artists will be engaged by the
Town and paid a $900 stipend. The selected artist’s work will be on exhibition in an outdoor location for up to
twelve (12) months during which time the artist may make the work available for sale. The Town shall
produce and distribute materials regarding the work for marketing purposes, including photographs of the
work for publicity or study. The Town shall retain 20% of the gross sale price of the selected artist work on
exhibition in the Town through the Art Around Avon program.
Project Intent: To establish the Art Around Avon Program to become an annual, year-long exhibition
showcasing outdoor sculptures in visible places around the Town.
Project Budget: Selected artists shall be paid a $900 stipend per piece of work selected. The artist shall
perform all services and furnish all supplies, material and equipment as necessary f or the design, execution
and fabrication of the work including transportation of the work to the installation site.
Site Description: Various visible outdoor locations in highly trafficked areas in the Town along main
roadways, Main Street Mall, Nottingham Park and playgrounds. The ground level base or platform, and/or
raised pedestal for the work is provided by the Town and will be either brick pavers, sandstone, reinforced
concrete or cut stone; and, based off location of the installation.
Of high significance and priority is location #1 on Avon Road, round -about #4, at the conjunction of E.
Benchmark Road and W. Benchmark Road. This location is considered the “Town Center” and will demand a
larger and more prominent work with the ability to be seen by pedestrians from across Avon Road.
Attachment A provides the type of material for the base, platform, pedestal, brick pavers, etc., space size,
size restrictions for work, and imagery or links to imagery.
Eligibility:
1.The Request for Proposals is open to all artists and artist teams residing and working in Colorado.
2.All applicants must be 18 years of age or older and have all necessary documentation and permits to
work in the United States at the time of submittal.
3.Applicants must be able to complete and transport work before June 1, 2021.
EXHIBIT C
Artist Call Out / Request for Proposal Art Around Avon Project Page 2 of 3
4. Applicants must be able to pick up work before June 6, 2022. 5. Applicants must provide a statement regarding any conflicts of interest and listing of any litigation
involving the artist in the past five (5) years and lawsuit dismissal and/or termination outcomes.
Requirements of Work:
1. Safe for pedestrians
2. Of appropriate scale for street display
3. Able to withstand high winds and/or substantial temperature changes
4. Easy to maintain in an outdoor mountain environment 5. Freestanding but attachable to cut stone pedestal, brick pavers, reinforced concrete pedestal,
sandstone, steel base or mounting plate (provided by the Town) for exhibit purposes.
Application & Selection Process: The Town uses the web-based service, CallforEntry.orgTM, also known
as CaFETM, to manage artist application and selection processes for the Art Around Avon program.
Application shall include:
1. Artist and/or Artist Team Contact: Upload complete and accurate contact information.
2. Proposal:
a. Include five (5) to eight (8) digital images of your proposed work.
b. Project statement describing your approach and intention for the work.
c. Special display and installation requirements for each entry.
3. References & Past Work: Three (3) relevant project references to include the following for each
project:
a. Main contact: Name, Organization, Email and Phone Number.
b. Scope and description of project. c. Project budget.
d. Project timeline.
e. Project location.
f. Minimum of three (3) digital images and maximum of eight (8) digital images.
4. All selected artists must execute a copy of the Art Around Avon Agreement – See Attachment B.
Anticipated Timeline:
• Artist Call for entry: January 20, 2021
• Deadline for entry: March 15, 2021
• Proposed selection notification: April 1, 2021
• Installation of work: June 1 through June 2, 2021
• Exhibition period for work: June 2, 2021 through May 23, 2022
• Art Around Avon Walk: June 4, 2021
Artist Call Out / Request for Proposal Art Around Avon Project Page 3 of 3
• Decommission and removal of work: May 23 through May 24, 2022
• Disposal deadline: June 6, 2022
The Town is not responsible for any expense for the preparation or submittal of the Request for Proposals.
The Town has no obligation to select or use the services of any consultant submitting a Request for
Proposals. The Town retains all rights to solicit and enter into agreements with consultants for services or
projects deemed necessary by the Town. Any questions may be directed to Danita Dempsey at
ddempsey@avon.org, (970) 748-4065.
Art Around Avon | Site Descriptions
January 20, 2021
Art Around Avon
Attachment A: Site Descriptions
January 20, 2021
Danita Dempsey | Cultural, Arts &
Special Events Manager
Art Around Avon: Site Descriptions
January 20, 2021
#1 Avon Road | Center of RAB #4 #2 Avon Road | RAB #3 SW Corner #3 Avon Road | RAB #3 NW Corner
Link to Google Map Image Link to Google Map ImageLink to Google Map Image
Location # |
Priority Location Description Base / Pedestal Material
Approx.
Space Size
Weight
Capacity Height Depth Width
1
Avon Road - Center of Round-About
(RAB) #4
Reinforced concrete circular
pedestal 13' Diameter Up to 6,500 lbs.N/A 13'13'
2 Avon Road - RAB #3 SW Corner Brick pavers @ 10' D x 17' W Up to 150 lbs.N/A 4'11'
3 Avon Road -RAB #3B NW Corner Reinforced red sandstone 10' D x 11' W Up to 1,400 lbs.N/A 4'5'
Art Around Avon Program
Size Restrictions of Work
Art Around Avon: Site Descriptions
January 20, 2021
#4 Avon Road | RAB #4 SE Corner
Raised Platform
#5 E. Benchmark Road & Beaver
Creek Place NE Corner #6 E. Benchmark Road City Market
Bus Stop
Link to Google Map Image Link to Google Map Image Link to Google Map Image
Location # |
Priority Location Description Base / Pedestal Material
Weight
Capacity Height Depth Width
4
Avon Road - RAB #4 SE Corner
Raised Platform Reinforced concrete platform 14' D x 14' W Up to 600 lbs.N/A 11'11'
5
E. Benchmark Road & Beaver
Creek Place / NE Corner Brick pavers 9.5 D' x 16' W Up to 150 lbs.N/A 6' 5"13'
6
E. Benchmark Road @ City Market
Bus Stop Cut stone pedestal 6' D x 6' W TBD N/A 5'5'
Art Around Avon Program
Size Restrictions
Art Around Avon: Site Descriptions
January 20, 2021
#8 E. Benchmark Road | Bus Stop
Link to Google Map ImageLink to Google Map Image
#7 Avon Road | RAB #4 SW Corner
Location # |
Priority Location Description Base / Pedestal Material
Weight
Capacity Height Depth Width
7 Avon Road - RAB #4 SW Corner Brick pavers 9' D x 16'.5" W Up to 150 lbs.N/A 6' 5"13'
8 E. Benchmark Road / Bus Stop Brick pavers 14' D x 22' 5" W Up to 150 lbs.N/A 11'19' 5"
9 Avon Road - RAB #4 NE Corner Brick pavers TBD Up to 150 lbs.N/A TBD TBD
Art Around Avon Program
Size Restrictions
#9 Avon Road | RAB #4 NE Corner
Link to Google Map Image
ATTACHMENT B: ART AROUND AVON AGREEMENT
between
THE TOWN OF AVON
And
[_______________________]
i
Information about the Town’s Art Around Avon Program in the Town of Avon
(for informational purposes only)
Background. The Town of Avon (“Town”) established the Town of Avon Art Around Avon in 2021 to
promote the display of visual art throughout the Avon community for the benefit of residents and visitors.
Art Around Avon Application Process. The Town uses the web-based service, CallforEntry.org™, also
known as CaFÉ™, to manage Artist application and selection processes for the first annual Art Around
Avon street exhibition. Artists must upload contact information, digital images of their work, the weight,
height and depth of the work, the price of the work, and all special display and installation requirements for
each entry. The deadline for entries is March 15, 2021. Town selects up to ten sculptures for exhibition and
will make its selections by approximately April 1, 2021. Town will pay selected artists a $900.00 honorarium
at installation. All selected artists must execute a copy of this Art Around Avon Agreement.
Requirements of Work.
1. Safe for pedestrians
2. Of appropriate scale for street display
3. Able to withstand high winds and/or substantial temperature changes
4. Easy to maintain in an outdoor mountain environment
5. Freestanding but attachable to cut stone pedestal, brick pavers, reinforced concrete pedestal,
sandstone, steel base or mounting plate (provided by the Town) for exhibit purposes.
ii
TABLE OF CONTENTS
1. Art Around Avon INSTALL, DISPLAY, & REMOVAL ........................................................................ 1
(a) Generally ............................................................................................................................. 1
(b) Consistency of Work with Artist’s Proposal .......................................................................... 2
(c) Delivery and Installation of Work ......................................................................................... 2
(d) Marketing, Sale, & Donation of Work ................................................................................... 3
(e) Decommission & Removal of Work ..................................................................................... 3
(f) Risk of Loss ......................................................................................................................... 3
(g) Waiver of Rights Under Visual Artists Rights Act of 1990 (“VARA”) ..................................... 3
2. COORDINATION AND LIAISON ...................................................................................................... 3
3. WARRANTIES REGARDING THE WORK ....................................................................................... 4
4. SUBJECT TO LOCAL LAWS; VENUE ............................................................................................. 4
5. INSURANCE .................................................................................................................................... 4
6. INDEMNIFICATION .......................................................................................................................... 4
7. NO THIRD-PARTY BENEFICIARY ................................................................................................... 4
8. NOTICES .......................................................................................................................................... 5
9. SEVERABILITY ................................................................................................................................ 5
10. SURVIVAL OF CERTAIN AGREEMENT PROVISIONS................................................................... 5
11. AUTHORITY TO ENTER INTO AGREEMENT ................................................................................. 5
12. COUNTERPARTS OF THIS AGREEMENT ..................................................................................... 5
1
2021 Art Around Avon Agreement
THIS AGREEMENT is made and entered into this ______ day of ___________ 2021, by and
between the Town of Avon, a home rule municipality and political subdivision of the State of Colorado
(“Town”) and the undersigned artist, ______________, whose address is
_________________________________ (“Artist”).
RECITALS
A. In 2021, the Town established the Art Around Avon art program, which is an annual, year-
long street exhibition showcasing outdoor sculptures in visible places around the Town of Avon.
B. Artist submitted an application in response to the Town’s “Call for Entry” for this year’s Art
Around Avon exhibition, including Artist’s contact information, digital images of the artwork, weight of the
artwork, price of the artwork, and all special display and installation requirements for the artwork
(collectively, the “Proposal”).
C. Artist has been selected by the Town to design, execute, fabricate, deliver and install the
artwork, consistent with the Proposal and as ultimately conceived, designed, fabricated, transported,
delivered, engineered for installation, and ultimately installed by Artist (the “Work”) in accordance with the
Major Dates Schedule, attached to this Agreement as EXHIBIT A and incorporated into this Agreement by
this reference;
D. A depiction of and title to the Work, so given by the Artist, is attached to this Agreement as
EXHIBIT B and incorporated into this Agreement by this reference.
E. Artist seeks to install the Work, consistent with the Proposal, at a Town-selected street
display site within the Town of Avon (the “Site”) as part of the Art Around Avon exhibit period, and the Town
seeks to pay Artist a $900.00 honorarium.
AGREEMENT
In consideration of the premises and the mutual covenants herein contained, and subject to the
terms and conditions hereinafter stated, the Town and Artist agree as follows:
1. INSTALL, DISPLAY, & REMOVAL.
(a) Generally.
(i) Artist shall perform all services and furnish all supplies, material and equipment as
necessary for the design, execution and fabrication of the Work, and shall, either directly or through
qualified sub-consultants, undertake the transportation of the Work to the Site.
2
(ii) The Work shall be committed to the Town for the duration of the Art Around Avon,
the Town exhibit period, even in the event of a sale.
(b) Consistency of Work with Artist’s Proposal.
(i) After the Town’s written approval of the Proposal, Artist shall complete the
fabrication and transportation of the Work in conformity with the Proposal.
(ii) Artist shall present to the Town in writing for further review and approval any
significant changes in the scope, design, color, size, material or texture of the Work. If there is a significant
change to the Work, as determined in the Town’s sole discretion, or if Artist seeks to substitute the artwork
described in the Proposal with different artwork, the Town may elect not to include Artist in the Art Around
Avon exhibit and terminate this Agreement.
(c) Delivery and Installation of Work.
(i) Artist is responsible for ensuring that the Work is made to be installed for public
display, including ensuring that the Work is safe for pedestrians, of appropriate scale for street display, able
to withstand high winds and/or substantial temperature changes, easy to maintain in an outdoor mountain
environment, and freestanding but attachable to concrete pedestal, steel base, or mounting plate (provided
by the Town) for exhibit purposes.
(ii) Artist shall identify to the Town all special display and installation requirements for
welding or bolting the Work to a concrete pedestal, steel base, or mounting plate for exhibit purposes.
(iii) Artist shall deliver the Work for installation to the Town designated Site in
accordance with the Major Dates Schedule, attached to this Agreement as EXHIBIT A and incorporated
into this Agreement by this reference.
(iv) The Town shall pay Artist a nine hundred-dollar ($900.00) honorarium.
(v) The Town shall install the Work, with all necessary assistance and support from
Artist as required by the Town. The Town reserves the right to make all installation and placement
decisions and to make emergency repairs to the Work when necessary, as determined by the Town in its
sole discretion.
(vi) The Town shall install signage for the Work to identify Artist, the Work’s title, if any,
and the Work’s price, in accordance with the Proposal.
(d) Marketing, Sale, & Donation of Work.
(i) Town shall produce and distribute informational materials regarding the Work for
marketing purposes, including photographs of the Work for publicity or study.
(ii) The purchase price for any sale shall be consistent with the price listed in Artist’s
proposal, unless Artist has provided sixty (60) days’ advance written notice to the Town of a price increase
or decrease for the Work.
3
(iii) In the event of a sale of the Work during the exhibit period or ninety (90) days
following the exhibit period, the Town shall receive the full purchase price from the purchaser, and the
Town shall then remit to Artist the purchase price less the Town’s commission of 20% of the purchase
price.
(iv) In the event either Artist or a third party seeks to donate the Work to the Town, Artist,
Town, and any such third-party shall enter into a donation agreement.
(e) Decommission & Removal of Work.
(i) Upon conclusion of the Art Around Avon exhibit period and by the Decommission
& Removal Deadline set forth on EXHIBIT A, Artist shall decommission and remove the Work.
(ii) If Artist fails to remove the Work by the Decommission & Removal Deadline, the
Town may decommission, remove, and store the Work, without liability whatsoever, in an interim storage
area selected by the Town in its sole discretion. If Artist does not remove the Work from the interim storage
area on or before the Disposal Deadline set forth on EXHIBIT A, the Work shall automatically become the
property of the Town at no cost to the Town, and the Town may donate, sell, or otherwise dispose of the
Work.
(f) Risk of Loss. The risk of loss or damage to the Work shall be borne by Artist during delivery
and installation of the Work, and Artist shall take such measures as are necessary to protect the Work from
loss or damage.
(g) Waiver of Rights Under Visual Artists Rights Act of 1990 (“VARA”). Artist understands and
agrees that, as to his or her rights in the Work, the provisions of this Agreement shall supersede the
provisions of the Visual Artists Rights Act of 1990 (“VARA”), 17 U.S.C. §101 et. seq., as amended, including
but not limited to §106A(a) and §113, as to the Work, and that execution of this Agreement by Artist shall
constitute a waiver by Artist, as permitted in 17 U.S.C.
§106A(e), as amended, of any and all rights or protections in the Work, and any uses of the Work
whatsoever, set out in or otherwise granted by 17 U.S.C. §101, et seq., as amended, including but not
limited to §106A(a) or §113, or otherwise in the nature of "Droit Moral" under which artists claim an interest
in the Work. Artist understands that, despite the Town’s commitment not to intentionally damage, alter, or
modify the Work without the prior written approval of Artist, installing, exhibiting, removing, or storing the
Work may subject the Work to destruction, distortion, mutilation, or other modification.
2. COORDINATION AND LIAISON
Town orders and directs all services under this Agreement and, until otherwise notified by the Town
Council, is designated as the authorized representative of the Town through whom services performed
under this Agreement shall be coordinated. Artist agrees that during the term of this Agreement, Artist shall
fully coordinate all work hereunder as directed by the Town and other the Town agencies or departments.
4
3. WARRANTIES REGARDING THE WORK
Artist represents and warrants to the Town that: the Work is available for purchase; the Work is
solely the result of Artistic effort of Artist; the Work is unique and original and does not infringe upon any
copyright; the Work is free and clear of any liens or claims from any source whatsoever; the Work, as
fabricated and installed, will be free of defects in material and workmanship, including any defects
consisting of “inherent vice” or qualities which cause or accelerate deterioration of the Work; the Work is
professionally constructed of durable materials; the Work does not have easily damaged parts, is suitable
for indoor and/or outdoor public display, and is constructed in a manner to avoid potential liability, safety
risks to the general public, or maintenance (except cleaning).
4. SUBJECT TO LOCAL LAWS; VENUE
The provisions of Colorado law, the Town of Avon Home Rule Charter, the Town of Avon Municipal
Code, ordinances, and regulations, as the same may be amended from time to time, are hereby expressly
incorporated into this Agreement as if fully set out herein by this reference. Venue for any action arising
hereunder shall be in Garfield County, Colorado.
5. INSURANCE
In the event of damage, vandalism or theft to the Work during the exhibition period, the Town shall
provide up to $500 directly to the artist, towards cost of repairs. Artist shall maintain, at its own expense,
any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and
liabilities under this Agreement.
6. INDEMNIFICATION
Artist shall defend, release, indemnify and save and hold harmless the Town against any and all
damages to property or injuries to or death of any person or persons, including property and employees or
agents of the Town, and shall defend, release, indemnify, and save and hold harmless the Town from any
and all claims, demands, suits, liabilities, actions, causes of action, or legal or equitable proceedings of any
kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of Artist’s activities in
connection herewith, including acts or omissions of Artist or his or her officers, employees, representatives,
suppliers, invitees, licensees, subconsultants, contractors, and agents; provided, however, that Artist need
not indemnify and save harmless the Town, its officers, agents, and employees from damages proximately
resulting from the sole negligence of the Town’s officers, agents, and employees. This indemnity clause
shall also cover payment of the Town’s defense costs in the event that the Town, in its sole discretion,
elects to provide its own defense.
7. NO THIRD PARTY BENEFICIARY
It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Town and
Artist, and nothing contained in this Agreement shall give or allow any such claim or right of
5
action by any other or third person on such Agreement. It is the express intention of the Town and Artist
that any person or entity other than the Town or Artist receiving services or benefits under this Agreement
shall be deemed to be an incidental beneficiary only.
8. NOTICES
All notices, requests, demands, and other communications which are required or permitted to be
given under this Agreement shall be in writing and shall be deemed to have been duly given upon the
delivery or receipt thereof, as the case may be, if delivered personally or sent by certified mail, return receipt
requested, postage prepaid, as follows:
If to the Town: Town of Avon Town Hall
ATTN: Danita Dempsey
P.O. Box 975
100 Mikaela Way
Avon, Colorado 81620
If to Artist: The address first above written.
9. SEVERABILITY
It is understood and agreed by the parties hereto that if any part, term, or provision of this
Agreement is held by the Courts to be illegal or in conflict with any law of the State of Colorado, the validity
of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties
shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision
held to be invalid.
10. SURVIVAL OF CERTAIN AGREEMENT PROVISIONS
The parties understand and agree that all terms, conditions and covenants of this Agreement,
together with the exhibits hereto, any or all of which, by reasonable implication, contemplate continued
performance or compliance beyond the expiration or termination of this Agreement (by expiration of the
term or otherwise), shall survive such expiration or termination and shall continue to be enforceable as
provided herein for a period equal to any and all relevant statutes of limitation, plus the time necessary to
fully resolve any claims, matters, or actions begun within that period.
11. AUTHORITY TO ENTER INTO AGREEMENT
The person or persons signing and executing this Agreement on behalf of Artist, do hereby warrant
and guarantee that he/she or they have been fully authorized by Artist to execute this Agreement on behalf
of Artist and to validly and legally bind Artist to all the terms, performances and provisions herein set forth.
12. COUNTERPARTS OF THIS AGREEMENT
This Agreement shall be executed in counterparts, each of which shall be deemed to be an original
of this Agreement.
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
first above written.
TOWN:
By:
Name:
(please print)
ARTIST:
By:
Name: (please print)
7
EXHIBIT A
Major Dates Schedule
1. Artist Call for Entry: January 20, 2021
2. Deadline for entry: March 15, 2021.
3. Proposed selection notification: April 1, 2021.
4. Installation of work: June 1 through June 2, 2021.
5. Exhibition period for work: June 2, 2021 through May 23, 2022.
6. Decommission and removal of work: May 23 through May 24, 2022
7. Art Around Avon Walk / Reception: June 4, 2021
8. Disposal deadline: June 6, 2022
8
EXHIBIT B
Depiction & Title of the Work
As provided by artist in application
Call For Artist / Request for Proposal Avon Recreation Center Mural Project Page 1 of 4
CALL FOR MURAL ARTISTS / REQUEST FOR PROPOSAL
TOWN OF AVON RECREATION CENTER MURAL PROJECT for 2021
The Town of Avon, Colorado, (“Town”) requests proposals from multiple mural artists or artist teams to
create an original mural or murals for the east facing exterior concrete block wall(s) of the Avon Recreation
Center located on Mikaela Way. This is project of the Avon Town Council and Cultural, Arts & Special Events
(“CASE”) Committee.
Overview: The Recreation Center Mural Project (“Mural”) will help to establish a creative identity and spirit
for the developing hardscape connection between the west end of the Main Street Mall and Harry A.
Nottingham Park; the crowned jewel of the Town. The Mural will become a significant landmark, focal point,
and gateway to Nottingham Park which inspires community, conversation and connection. Applicants may
apply to design murals for one, two or all three walls although one artist or artist team for all three walls is
preferred.
The enhancement of public places by integrating the creative work of artists improves the pedestrian
experience and promotes vibrancy, creativity and livelihood in the community. The presence of an d access to
public art enlivens public areas and their grounds and makes them more welcoming. It creates a deeper
interaction with the places where we live, work, and visit. Public art illuminates the diversity and history of a
community, and points to its aspirations for the future.
Project Intent: To create a significant landmark, focal point and gateway between the east entry to
Nottingham Park and the Main Street Mall which inspires community, conversation, connection; and,
identifies Avon as an art community. The selected artist is responsible for working with Town representatives
on all aspects to include multiple iterations of design.
Design & Theme: The CASE Committee is seeking a design that will delight people with a unique and
cheerful character representative of the mountain lifestyle. The theme could speak to the beauty of the area’s
natural resources (Nottingham Park and Lake, Eagle River, native wildlife and/or plant/floral life); cultural
legacy (Salute to the USA signature event, AvonLIVE! concert series, bronze sculpture collection), historical
preservation (Metcalf Cabin, Nottingham Ranch, water wheel and Bob the Bridge); or the future of our
creative and influences of our Latino cultural landscape. The design should not be landscape of mountain
scenery nor demonstratively urban.
Project Budget: Selected artist shall be paid up to a $10,000 stipend - See Table 1. The project budget is
all-inclusive and must include all design fees, commercial liability insurance, all costs and materials for
installation, including transportation, lodging and meals.
The Town will clean and prime the site prior to installation. The Town shall provide a boom lift and/or scissor
lift for no more than 15 consecutive days for all three (3) walls. Any additional days required by artist must be
communicated in the artist proposal submission.
EXHIBIT D
Call For Artist / Request for Proposal Avon Recreation Center Mural Project Page 2 of 4
Site Description: East facing exterior concrete block wall(s) of the Avon Recreation Center located on
Mikaela Way. The site is high visibility (pedestrians, motorists, cyclists) and has unique characteristics. At
the base of Wall A and Wall B, is a ramp at lower than ground level to the loading dock of the Recreation
Center with many exterior utility features and doors. Additionally, Wall B has three windows of equal size;
and, Wall C has one large window. See Attachment A.
• Wall A: 34' Tall x 48' Wide | Sq. Footage = 1,632
• Wall B: 34' Tall x 35’2” Wide | Sq. Footage = 1,197
• Wall C: 26’ 75” Tall x 33’ 5” Wide | Sq. Footage 897
• Total Combined Sq. Ft. = 3,726
Eligibility:
1. The Request for Proposals is open to all artists and artist teams residing and working in Colorado.
2. All applicants must be 18 years of age or older and have all necessary documentation and permits to
work in the United States at the time of submittal.
3. Applicants must be able to complete work before June 15, 2021. 4. Applicants must provide a statement regarding any conflicts of interest and listing of any litigation
involving the artist in the past five (5) years and lawsuit dismissal and/or termination outcomes.
Criteria for Art:
1. Quality – The consideration of highest priority is the inherent artistic excellence of the mural(s)
artwork as well as representing a diverse range of appeal within the community.
2. Timelessness – Mural(s) will be viewed as a long-term acquisition that should have aesthetic
relevance to the community in future years and reflect enduring artistic quality.
3. Site Compatibility & Appropriateness – Mural(s) must be appropriate in scale, material form and
content for both the immediate and general, social and physical environment in which the Mural(s)
will be placed. 4. Elements of Design – The consideration that the Mural(s) will serve to establish a significant focal
point, define spaces, inspire community, conversation and connections, establish creative identity,
and create a gateway, among other things.
5. Permanence & Safety – Consideration will be given to permanence, protection against vandalism,
weathering and excessive maintenance and repair costs.
Wall Tall Width Sq. Ft.
% of Total
Sq. Ft.
Artist
Stipend
A 34' 48'1,632 43.80% 4,380$
B 34'35' 2" 1,197 32.10% 3,210$
C 26' 75" 33" 5"897 24%2,400$
Table 1
Call For Artist / Request for Proposal Avon Recreation Center Mural Project Page 3 of 4
Artist Criteria:
1. Cooperation – Ability of the Mural artist(s) to work closely and cooperatively with CASE and Town
staff.
2. Expertise - Demonstrates knowledge and experience of public mural art.
3. Presentation – Ability of the Mural artist(s) to clearly describe concepts verbally and through quality
written materials.
4. Technical Feasibility - Ability of the Mural artist(s) to carry out the concepts described in the
proposed Mural(s). 5. Timelines - Ability of the Mural artist(s) to deliver the mural art according to the agreed schedule.
6. Aesthetic Standard - CASE shall have the right to withhold recommending acceptance to Town
Council of a Mural(s) until it clearly meets standards of artistic achievement agreed upon by most of
the CASE members.
Application & Process: The Town uses the web-based service, CallforEntry.orgTM, also known as CaFETM,
to manage artist applications and selection processes for the Mural Project. Application shall include:
1. Artist and/or Artist Team Contact: Upload complete and accurate contact information.
2. Proposal:
a. Include 1 to 5 images of your proposed (Mural(s) design (sketches, digital design, mock-up).
b. Project statement describing your approach and intention for the Mural (s).
3. References & Past Work: Three (3) relevant mural project references to include the following for
each project:
a. Main contact.
b. Scope and description of project.
c. Project budget.
d. Project timeline.
e. Project location.
f. Minimum of three (3) digital images and maximum of eight (8) digital images.
4. All selected artists must execute a copy of the Professional Services Agreement (“PSA”) – See
Attachment B.
Anticipated Timeline:
• Artist Call for entry: January 27, 2021
• Deadline for entry: February 22, 2021.
• Proposed selection notification: March 22, 2021.
• Installation of work: June 1 through June 15, 2021.
• Completion of work: June 15, 2021
Call For Artist / Request for Proposal Avon Recreation Center Mural Project Page 4 of 4
The Town is not responsible for any expense for the preparation or submittal of the Request for Proposals.
The Town has no obligation to select or use the services of any consultant submitting a Request for
Proposals. The Town retains all rights to solicit and enter into agreements with consultants for services or
projects deemed necessary by the Town. Any questions may be directed to Danita Dempsey at
ddempsey@avon.org, (970) 748-4065.
Avon Recreation Center Mural | Site Description
January 27, 2021
Avon Recreation Center Mural Project
Attachment A: Site Description
January 27, 2021
Danita Dempsey | Cultural, Arts &
Special Events Manager
CAvon Recreation Center Mural | Site Description
January 27, 2021
Street View of all Three Walls
Total Combined Sq. Ft. = 3,726
Wall C: 26’ 75” Tall x 33’ 5” Wide
Sq. Ft. 897
Wall B: 34' Tall x 35’ 2” Wide
Sq. Ft. 1,197
Wall A: 34' Tall x 48' Wide
Sq. Ft. 1,632
CAvon Recreation Center Mural | Site Description
January 27, 2021
Street View of Loading Dock Area Loading Dock Landing
CAvon Recreation Center Mural | Site Description
January 27, 2021
Independent Contractor Agreement Form - 2021 Page 1 of 7
2021 Independent Contractor
Service Agreement
For Avon Recreation Center Mural Project
This Independent Contractor Service Agreement (“Agreement”) dated as of _______________, 2021,
is between the Town of Avon, a Colorado home rule community (“Town”) and _______________, a
____________ of the State of ____________, whose business address is ______________________
(“Contractor” and, together with the Town, “Parties”).
1. Services: Contractor agrees to provide services (“Services”) as described in the proposal
(“Proposal”) attached hereto and incorporated herein as Exhibit A. To the extent the provisions of this
Agreement conflict with the Proposal, the terms of this Agreement shall control. Contractor shall provide and
complete the Services in a manner consistent with that degree of care and skill ordinarily exercised by
members of the same profession currently practicing under similar circumstances in Colorado . Contractor
hereby warrants that it has the workforce, training, experience and ability necessary to properly complete the
Services in a safe and timely fashion. Contractor will comply, and cause all of its employees, agents and
subcontractors to comply, with applicable safety rules and security requirements while performing the
Services.
2. Independent Contractor: The Contractor shall perform the Services as an independent contractor
and shall not be deemed by virtue of this Agreement, or any other document attached or referenced herein,
to have entered into any partnership, joint venture, employer/employee or other relationship with the Town
other than as a contracting party and independent contractor. The Town shall not be obligated to secure,
and shall not provide, any insurance coverage or employment benefits of any kind o r type to or for the
Contractor or the Contractor’s employees, sub-consultants, contractors, agents, or representatives, including
coverage or benefits related but not limited to: local, state, or federal income or other tax contributions;
insurance contributions (e.g., FICA); workers’ compensation; disability, injury, or health; professional liability
insurance, errors and omissions insurance; or retirement account contributions.
3. Insurance:
3.1. Minimum Amounts. The Contractor shall obtain and shall continuously maintain during the Term
(as defined herein) of this Agreement insurance of the kind and in the minimum amounts specified in this
Section 3.1. The Required Insurance (defined below) shall be procured and maintained with insurers with
an A- or better rating as determined by Best’s Key Rating Guide. All Required Insurance shall be continuously
maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor.
The Contactor shall secure and maintain the following (“Required Insurance”):
A. Worker’s Compensation Insurance in the minimum amount required by applicable law for all
employees and other persons as may be required by law. Such policy of insurance , if any, shall be
endorsed to include the Town as a Certificate Holder.
B. Comprehensive General Liability insurance with minimum combined single limits of One Million
Dollars ($1,000,000.00) each occurrence and of One Million Dollars ($1,000,000.00) aggregate. The
policy shall be applicable to all premises and all operations of the Contractor. The policy shall include
coverage for bodily injury, broad form property damage (including completed operations), personal injury
(including coverage for contractual and employee acts), blanket contractual, independent contractors,
products, and completed operations. The policy shall contain a severability of interests’ provision.
Independent Contractor Agreement Form - 2021 Page 2 of 7
Coverage shall be provided on an “occurrence” basis as opposed to a “claims made” basis. Such
insurance shall be endorsed to name the Town as Certificate Holder and name the Town, and its elected
officials, officers, employees and agents as additional insured parties.
3.2. Additional Requirements for All Policies. In addition to specific requirements imposed on
insurance by this Section 3. INSURANCE and its subsections, insurance shall conform to all of the following:
A. For both Required Insurance and other insurance carried by Contractor (“Contractor
Insurance”), all policies of insurance shall be primary insurance, and any insurance carried by the Town,
its officers, or its employees shall be excess and not contributory insurance to that provided by the
Contractor; provided, however, that the Town shall not be obligated to obtain or maintain any insurance
whatsoever for any claim, damage, or purpose arising from or related to this Agreement and the Services.
The Contractor shall not be an insured party for any Town-obtained insurance policy or coverage.
B. For both Contractor Insurance and Required Insurance, the Contractor shall be solely
responsible for any deductible losses.
C. For Required Insurance, no policy of insurance shall contain any exclusion for bodily injury or
property damage arising from completed operations.
D. For Required Insurance, every policy of insurance shall provide that the Town will receive notice
no less than thirty (30) days prior to any cancellation, termination, or a material change in such policy.
3.3. Failure to Obtain or Maintain Insurance. The Contractor’s failure to obtain and continuously
maintain policies of insurance in accordance with this Section 3. INSURANCE and its subsections shall not
limit, prevent, preclude, excuse, or modify any liability, claims, demands, or other obligations of the Contractor
arising from performance or non-performance of this Agreement. Failure on the part of the Contractor to
obtain and to continuously maintain policies providing the required coverage, conditions, restrictions, notices,
and minimum limits shall constitute a material breach of this Agreement upon which the Town may
immediately terminate this Agreement, or, at its discretion, the Town may procure or renew any such policy
or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all
monies so paid by the Town shall be repaid by Contractor to the Town immediately upon demand b y the
Town, or at the Town’s sole discretion, the Town may offset the cost of the premiums against any monies
due to the Contractor from the Town pursuant to this Agreement.
3.4. Insurance Certificates. Prior to commencement of the Services, the Contractor shall submit to the
Town applicable certificates of insurance for all Required Insurance. Insurance limits, term of insurance,
insured parties, and other information sufficient to demonstrate conformance with this Section 3.
INSURANCE and its subsections shall be indicated on each certificate of insurance. Certificates of insurance
shall reference the Project Name as identified on the first page of this Agreement. The Town may request,
and the Contractor shall provide within three (3) business days of such request a current certified copy of any
policy of Required Insurance and any endorsement of such policy. The Town may, at its election, withhold
payment for Services until the requested insurance policies are received and found to be in accordance with
the Agreement.
4. Payment: Payment for Services shall be due only after the Services are completed to the Town’s
satisfaction, which satisfaction shall be determined by the Town in its sole and reasonable discretion, and
after Contractor has submitted an invoice for the amount due complete with the Contractor’s taxpayer
identification number or social security number. Town shall pay Contractor according to the following
installment schedule and within thirty (30) days after:
Independent Contractor Agreement Form - 2021 Page 3 of 7
A. twenty-five percent (25%) upon delivery of final art design agreed to by all parties
B. twenty-five percent (25%) on the first day mural installation
C. remaining fifty percent (50%) on the final day of mural installation; and,
5. Ownership of Documents:
Work Product is Property of Town. Upon complete payment for services rendered, the Work
Product, shall be deemed work made for hire and made in the course of Services performed under this
Agreement and will be the exclusive property of Town. Town will have unlimited right to make, have
made, use, reconstruct, repair, modify, reproduce, publish, distribute and sell the Work Product, in whole
or in part, or combine the Work Product with other matter, or not use the Work Product at all, as it sees fit.
Including but not limited to all branding, marketing and promotional materials, civic engagement and
communications.
5.1 Any reuse of the Work Product produced under this Agreement for any purpose not directly related
to this Agreement will be at the sole risk of Town.
5.2 Obligations of Contractor’s Personnel and Subcontractors. Contractor warrants it has
enforceable written agreements with all of its personnel and subcontractors to be involved in performing
the Services that:
A. assign to Contractor ownership of all patents, copyrights and other proprietary rights created in
the course of their employment or engagement; and
B. obligate such personnel or subcontractors, as the case may be, upon terms and conditions no
less restrictive than are contained in this Section 5 OWNERSHIP OF DOCUMENTS, not to use or
disclose any proprietary rights or information learned or acquired during the course of such employment
or engagement including, without limitation, any Work Product, all Contractor property and any other
information pursuant to this Section 5 OWNERSHIP OF DOCUMENTS.
5.3 Assignment of Proprietary Rights. To the extent that any title to any Work Product may not, by
operation of law, vest in Town, or such Work Product may not be considered to be work made for hire,
Contractor hereby irrevocably transfers and assigns to Town in perpetuity all worldwide right, title and
interest in and to the patent rights, copyrights, trade secrets and other proprietary rights in and ownership
of, the Work Product.
5.4 Town Furnished Information. Title to all materials and all documentation furnished by the Town
to Contractor will remain in the Town. The Contractor will deliver to the Town and any all Work Product
and property, including copies thereof on whatever media rendered, upon the first to occur of:
A. the Town’s written request; or
B. completion of the Services under this Agreement; or
C. termination of this Agreement.
5.5 The Contractor waives any right to prevent its name from being used in connection with the
Services.
6. Illegal Aliens: Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement. Contractor shall not contract with a subcontractor that fails to certify that the
subcontractor does not knowingly employ or contract with any illegal aliens. By entering into this Agreement,
Contractor certifies as of the date of this Agreement it does not and shall not knowingly employ or contract
Independent Contractor Agreement Form - 2021 Page 4 of 7
with an illegal alien who will perform work under the public contract for services and that the Con tractor 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. The
Contractor is prohibited from using either the e-verify program or the department program procedures to
undertake pre-employment screening of job applicants while this Agreement is being performed. If the
Contractor obtains actual knowledge that a subcontractor performing work und er this Agreement knowingly
employs or contracts with an illegal alien, the Contractor shall be required to notify the subcontractor and the
Town within three (3) days that the Contractor has actual knowledge that a subcontractor is employing or
contracting with an illegal alien. The Contractor shall terminate the subcontract if the subcontractor does not
stop employing or contracting with the illegal alien within three (3) days of receiving the notice regarding
Contractor’s actual knowledge. The Contractor shall not terminate the subcontract if, during such three days,
the subcontractor provides information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien. The Contractor is required to comply with any re asonable request made by
the Department of Labor and Employment made in the course of an investigation undertaken to determine
compliance with this provision and applicable state law. If the Contractor violates this provision, the Town
may terminate this Agreement, and the Contractor may be liable for actual and/or consequential damages
incurred by the Town, notwithstanding any limitation on such damages provided by such Agreement. Town Unilateral Termination: Town may terminate this Agreement without cause upon delivery of written notice
to the Contractor at least ten (10) days prior to the effective date of termination or may terminate this
Agreement immediately upon delivery of written notice if Contractor fails to provide the Services in
accordance with the terms of this Agreement.
7. 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 Town, its officials,
employees, contractors, or agents, or any other person acting on behalf of the Town 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.
8. Affirmative Action: Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. Contractor will take affirmative action to
ensure applicants are employed, and employees are treated during em ployment without regard to their race,
color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
9. No Third-Party Beneficiaries: 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 Contractor. 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.
10. Limitation of Damages: The Parties agree that Contractor’s remedies for any claims asserted
against the Town shall be limited to proven direct damages in an amount not to exceed payment amounts
for Services due under the Agreement and that Town shall not be liable for indirect, incidental, special,
consequential or punitive damages, including but not limited to lost profits.
11. Indemnity: To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless Town, its members, affiliates, officers, directors, partners, employees, and agents from and against
all claims, damages, losses and expenses, including but not limited to reasonable attorney’s fees, arising out
Independent Contractor Agreement Form - 2021 Page 5 of 7
of the performance of the Services, provided that any such claim, damage, loss or expense is caused by any
negligent act or omission of Contractor, anyone directly or indirectly employed by Contractor or anyone for
whose acts Contractor may be liable, except to the extent any portion is caused in part by a party indemnified
hereunder.
12. Governing Law, Venue, and Enforcement: This Agreement shall be governed by and interpreted
according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be in
the appropriate court for Eagle County, Colorado. To reduce the cost of dispute resolution and to expedite
the resolution of disputes under this Agreement, the Parties hereby waive any and all right either may have
to request a jury trial in any civil action relating primarily to the enforcement of this Agreement. The Parties
agree the rule providing ambiguities in a contract are to be construed against the drafting party shall not apply
to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and
any exhibit or attachment, the language of this Agreemen t shall govern.
13. Term. The provision of Services under this Agreement shall commence on __/___ /2021 (the
“Effective Date”) and will terminate on ____/___/2021 (cumulatively, the “Term”); provided, however, under
no circumstances will the Term exceed the end of the current Town Fiscal year (January 1 – December 31).
The Contractor understands and agrees that the Town has no obligation to extend this Agreement’s Term,
or contract for the provision of any future services, and makes no warranties or representa tions otherwise.
Notwithstanding the foregoing, the Parties may mutually agree in writing to the monthly extension of this
Agreement for up to twelve (12) consecutive calendar months if such extension is approved by the Town
Council and the Contractor and such extension does not alter or amend any of the terms or provisions of this
Agreement.
14. Article X, Section 20/TABOR. The Parties understand and acknowledge that the Town is subject
to Article X, § 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 Town
are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the
Town’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the
Town 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 resol utions of Town
of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
15. Background Check. A background check of Contractor and any Contractor’s employees or
subcontractors may be required by the Town. Contractor can provide proof of a CBI check within the past
six (6) months and shall provide a copy prior to the commencement of any Services (this can be acquired
online by going to www.colorado.gov) or the Town will conduct the background check and provide a
submission form to be completed by the Contractor.
Independent Contractor Agreement Form - 2021 Page 6 of 7
AGREEMENT READ, UNDERSTOOD AND APPROVED:
TOWN OF AVON CONTRACTOR
By: ____________________________________ By: ____________________________________
Name: Eric Heil Name: _________________________________
Title: Town Manager Title: __________________________________
Independent Contractor Agreement Form - 2021 Page 7 of 7
EXHIBIT A
Contractor Proposal