20.12.15 PSA Yerf LLCContract Archive Submittal Form
A
Avon
C O L O R A D O
All contracts must receive prior review and approval by the Town Attorney, INCLUDING all exhibits, attachments and scope of work. Check with the Town Attorney to verify
the correct contract form to be used.
Instructions
Document Title: * 20.12.15 PSA Yerf LLC
Upload Contract* PDF Only
Contract Notification Recipients 1:
Days:
Advance E-mail Notification of 15
Expiration of Contract:
Financial:
Special Terms:
Name: Email Address:
1.71 MB
Recipients Name:* Recipients Email Address:
Elizabeth Wood ewood@avon.org
Contract Budget Amount: Budget Line Item:
$ 5,000.00
Exhibit 1
Certificate needed:*
Council Action Required:*
County Recording Required*
Comments:
Do have any additional Documents you would like to
upload
Phone Number:*
970-748-4087
List any special terms that are unusual and require review or another negotiating point prior to expiration.
Attach Exhibit:
PDF Only
No
No
No
Ticino.pdf
Vendor / Other Party Name-.*
Yerf LLC
Contract Start Date: *
3/1/2020
Contract End Date: *
12/30/2020
Department: * Name: *
Email Address:*
impart h6rbernment Elizabeth Wood
ewood@avon.org
responsible
for
the
contract:
Contract Notification Recipients 1:
Days:
Advance E-mail Notification of 15
Expiration of Contract:
Financial:
Special Terms:
Name: Email Address:
1.71 MB
Recipients Name:* Recipients Email Address:
Elizabeth Wood ewood@avon.org
Contract Budget Amount: Budget Line Item:
$ 5,000.00
Exhibit 1
Certificate needed:*
Council Action Required:*
County Recording Required*
Comments:
Do have any additional Documents you would like to
upload
Phone Number:*
970-748-4087
List any special terms that are unusual and require review or another negotiating point prior to expiration.
Attach Exhibit:
PDF Only
No
No
No
Avon,..
Mr. Charles Frey
Yerf, LLC dba Ticino Italian Restaurant
100 West Beaver Creek Blvd
Avon, CO 81620
Dear Mr. Frey:
Letter of Agreement
Between
Yerf, LLC and Town of Avon, Colorado
The Town of Avon is pleased to provide COVID-19 Business Relief Funds to Yerf, LLC in fiscal year 2020. Your business is
important to the Avon community and the vibrancy of Avon's economy. The Avon Town Council has determined supporting
and maintaining a strong business community serves a vital public purpose. The Avon Town Council has acknowledged the
hardship faced by many small businesses in Avon resulting from the COVID-19 pandemic.
The purpose of this Letter of Agreement (Agreement) is to formalize the understandings for the Town of Avon's financial
contribution.
Business: Yerf, LLC
Project: DOLA Coronavirus Relief Fund Program (CVRF)
Town of Avon Contribution: Five thousand dollars ($5,000.00)
Funding Period: March 1, 2020 — December 30, 2020
Use of Funds: By accepting the funding, you, as the CVRF recipient, agree to spend the funds for expenses related to the
public health emergency with respect to Coronavirus Disease 2019 (COVID-19), which expenses include cleaning and
medical supplies, personal protective equipment, rent, payroll and administrative costs that would not have been incurred
but for the pandemic. Funding for the program was approved by the Town Council on November 10, 2020 using funds from
the CARES Act fund authorized under Section II of Governor Polis' Executive Order 2020 081 May 12, 2020, All funds must
be used to cover business interruption expenses incurred between March 1, 2020 and December 30, 2020. Please see
Attachment A- CVRF Categories for a list of qualified expenses.
Documentation:
Recipient shall retain documentation on all uses of the funds, including invoices, sales receipts, time and effort reporting, data
and financial records and any other documentation that establishes compliance for up to five years after final payment is made
using CVRF funds. Recipient shall also submit the same documentation to the town by December 15, 2020 and understands
that funds will not be distributed until such documentation has been provided and has been approved.
Please see Attachment A- CVRF Categories. Please indicate the category (7a - 7r) for qualified expenses incurred by your
business between March 1— December 30, 2020.
CVRF Category:
Letter of Agreement Page 1
Please provide a detailed description of how you spent these funds between March 1, 2020 and
December, 30, 2020
Due to the limited indoor seating capacity (25%) imposed by the county's health department,
Yerf LLC, dba Ticino Italian Restaurant is building a tent on the outdoor deck, to increase the
seating capacity by approximately 15 seats, which will make the survival of Ticino more likely.
The total cost of the tent with heating and lighting is estimated at about $15,000.00. The Town of
Avon COVID-19 Business Relief Funds of $5,000.00 will help to defer this cost.
Attached is the receipt and check stub paid to Warm Spaces LLC in the amount of $5,600.00,
which is the down payment for the heating system of the tent.
Town of Avon Responsibilities: *The General Government Manager, Ineke de Jong, is responsible
for facilitating payment to Yerf, LLC. Nothing contained in this Agreement shall constitute or
designate Yerf, LLC or any of its employees as employees of the Town of Avon, and thereby, Yerf,
LLC, its subcontractors or any person directly or indirectly employed by it are not entitled to Town
of Avon worker's compensation benefits or any benefit contemplated by a Town of Avon
employer/employee relationship. 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 Avon'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 resolutions of Town of Avon, and other
applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated.
Authorized Signatures: Charles Frey, Yerf LI -C, I duly represent that I am authorized to represent
Yerf, LLC in reviewing, agreeing and signing this Agreement. My signature to this Agreement
constitutes acceptance of the terms of this Agreement, special conditions for use of the funds
awarded, if any, and Yerf, LLC's responsibilities/4 stated above.
SIGNATURE:
PRINTED NAME: Charles Frey.
TITLE: Owner/Manager
DATE: Dec. 14. 2020
Town of Avon
SIGNATURE:
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TITLE: 3eiL rZA 61cyt Nctill
DATE: ),7_ / is- /ZO ZD