23.11.07 IGAAVON - BEAVER CREEK
SHUTTLE BUS FUNDING AGREEMENT FOR 2023 - 2024
THIS AGREEMENT ("Agreement") is entered into this _7th__day of _November__,
2023 by and between the Town of Avon, a home rule municipal corporation (“Avon") and the
Beaver Creek Resort Company, a Colorado nonprofit corporation ("BCRC") collectively
referred to as the parties ("Parties").
WHEREAS, Avon and BCRC desire to cooperate and agree to provide shuttle bus services
between the Town of Avon and the Beaver Creek resort area;
WHEREAS, Avon desires to provide shuttle bus vehicles, drivers, administrative support
and other equipment and services to provide shuttle bus services as described in this Agreement;
WHEREAS, BCRC desires to provide financial contributions to support the shuttle bus
services as described in this Agreement;
WHEREAS, Avon is authorized by the State of Colorado Public Utilities Commission to
provide bus public transit services within and across jurisdictional boundaries within Eagle
County under license number 18331S; and,
WHEREAS, Avon and BCRC desire to enter into this funding agreement for the 2023-2024
winter visitor season;
NOW, THEREFORE, in consideration of the covenants, conditions and agreements set
forth herein, the Parties agree as follows:
1. Term: This Agreement shall be in full force and effect from November 22, 2023,
forward and shall expire on October 31, 2024, unless otherwise terminated sooner.
2. Shuttle Bus Service: Avon agrees to provide the following described shuttle bus services:
a. Avon Skier Shuttle: Transit service referred to as the "Avon Skier Shuttle" will be
provided daily during the period starting Wednesday, November 22, 2023, and ending
Sunday April 14, 2024. Scheduled bus service shall be provided which stops at Avon-
selected bus stops within the Town limits, the public parking lot commonly known as
the Elk Lot, and at the Beaver Creek Plaza transit stop located at the Covered Bridge on
Village Road between the hours of 8:00 a.m. to 6:00 p.m. daily for a total maximum of
3452 service hours. Avon shall operate the Avon Skier Shuttle so that the average wait time
at each scheduled stop is no more than 15 minutes during the peak upload/download
periods (e.g., peak periods are typically: 8:00 a.m.-10:30 a.m.; 2:30 p.m.-6:00 p.m.)
during the peak season dates of December 16, 2023, through March 31, 2024. The early
morning peak period on known peak days will include enough buses on the route to
ensure capacity will be available for riders waiting at all stops. Avon shall operate the
Avon Skier Shuttle so that the average wait time at each scheduled stop is no more than
approximately 30 minutes during the early/late seasonal dates of November 22 - December
15, 2023 and April 01 - April 14, 2024. The service time at particular stops shall be
determined by Avon and listed on a printed customer schedule.
DocuSign Envelope ID: 0BA860C0-CDF4-47AE-B52A-13320857CC7F
Page 2 of 6
October 29, 2023
Avon-Beaver Creek Ski Season Bus Funding Agreement
b. Winter Evening Restaurant Shuttle: Transit service referred to as the "Evening Restaurant
Shuttle" will be provided daily during the period starting December 16, 2023 and ending
April 7, 2024. Scheduled bus service shall be provided which stops at Avon-selected
bus stops within the Town limits and at the Beaver Creek Plaza transit stop located at
the Covered Bridge on Village Road between the hours of 6:00 p.m. to 10:00 p.m., daily,
for a total maximum of 513 service hours. The Restaurant Shuttle service hours shall be
flexible and subject to change based on demand and agreement between both agencies.
The service times at particular stops within the Town limits shall be determined by
Avon and listed on a printed customer schedule based on a frequency determined by
(one) 1 bus in the loop. Avon shall operate the Evening Restaurant Shuttle so that the
average wait time at each scheduled stop is no more than 30 minutes.
c. Performance Standard: Avon shall strive to consistently achieve the wait times described
in Sections 2.a. and 2.b. above. On-time performance shall be measured on a seasonal
basis, and consistent with transit industry standards as (one) 1 minute before to (five) 5
minutes after the scheduled stop time (TCRP Report 88: "A Guidebook for Developing
a Transit Performance-Measurement System." Transit Cooperative. Federal Transit
Administration and the Transportation Research Board, Washington DC. 2003, pp. 206-
207). Avon is not responsible for delays associated with traffic incidents, congestion,
or road conditions within the Beaver Creek Metropolitan District and the Resort Area,
or for delays associated with inclement weather or other factors not within the Town's
control.
d. Special Event Shuttle Request Service: Transit service referred to as "Special Event
Shuttle" can be provided by Avon if requested by BCRC with at least 21 days’ notice.
The cost for such at-request service would be fully borne by BCRC at a rate of $105.75
per service hour.
3. Avon Operator: Avon shall be the owner, operator and manager of the shuttle bus
vehicles, equipment and services provided for in this Agreement.
a. System Policy: Avon's provision of shuttle bus services under this Agreement
shall at all times comply with the standards and performance objectives set forth
in this Agreement. Avon shall notify the BCRC of any noncompliance of which
Avon becomes aware. In addition to the requirements and performance standards
set forth elsewhere in this Agreement, Avon shall at all times operate and maintain
the shuttle services in accordance with the following requirements:
i. Each vehicle shall be equipped with a public address system. Drivers
must announce each stop using such public address system upon arrival
and departure.
ii. Drivers must be uniformed at all times while visible to guests.
iii. Drivers may not smoke at any time while visible to guests.
iv. Drivers must greet guests entering through the front door.
v. Avon will ensure that the interior and exterior of all vehicles utilized
for the service are cleaned daily.
vi. Avon will ensure that all destination signs are programmed with the latest
destinations, properly lit and in good working order.
vii. If the driver encounters an unruly or rude passenger (e.g., appears to
be intoxicated exceptionally loud or argumentative), the driver will,
in a professional and courteous manner, attempt to resolve the situation
DocuSign Envelope ID: 0BA860C0-CDF4-47AE-B52A-13320857CC7F
Page 3 of 6
October 29, 2023
Avon-Beaver Creek Ski Season Bus Funding Agreement
and follow Avon Transit's standard communication protocol.
b. Standards: Avon shall survey riders to determine performance by providing
survey cards and pencils onboard all buses, with riders self-selecting and
completing the surveys. Bus drivers shall collect completed surveys daily and
turn them in to Avon's Transportation Supervisor. Survey cards shall inquire about
greetings, staff appearance, driver courtesy, bus cleanliness, and timeliness. Bus
timeliness shall also be measured by field checks conducted at least weekly by
Avon's Transportation Manager; Avon shall make both the completed survey
cards and the field time check results available upon request.
4. Authorization for Access and Use: BCRC agrees to allow Avon to use the roads and bus
facilities needed for transit service. This includes access to the following bus stops: Covered
Bridge Stop, Beaver Creek Landing, and the Elk Lot transit center.
5. Payment: For the 2023-2024 ski season, the BCRC shall make total payment to Avon of
ONE HUNDRED FIFTY-TWO THOUSAND THREE HUNDRED
FIFTEEN DOLLARS AND FORTY-EIGHT CENTS [$152,315.48] in four equal
installments of THIRTY-EIGHT THOUSAND SEVENTY-EIGHT DOLLARS AND
EIGHTY-SEVEN CENTS [$38,078.87], which shall be due on the 1st day of December, 1st
day of January, 1st day of February, and 1st day of March.
Payments shall be delivered to the following address: Town of Avon,
Department of Finance
PO Box 975
Avon, CO 81620
Attn: Mr.Paul Redmond
(970) 748-4020
E-mail: predmond@avon.org
6. Force Majeure. Neither party shall be liable for failure to appear or perform obligations under
this Agreement in the event that such failure is caused by or due to the following acts which make
performance by either party contemplated by this Agreement impossible, infeasible, or unsafe,
including: acts of nature; acts of the public enemy; acts of or threats of terrorism; riots or other
forms of civil disorder; embargos; labor disputes (including without limitation strikes, lockouts,
DocuSign Envelope ID: 0BA860C0-CDF4-47AE-B52A-13320857CC7F
Page 4 of 6
October 29, 2023
Avon-Beaver Creek Ski Season Bus Funding Agreement
job actions, or boycotts); fires, explosions; floods; epidemics; pandemics; death; regulations of
public authorities; or any other legitimate cause beyond the control of the parties (an event of
"Force Majeure"). Notwithstanding anything to the contrary in this Agreement, upon an event of
Force Majeure, Town of Avon and BCRC hereby agree that (a) funding shall be provided only for
service hours operated; (b) for any payment made in advance and service is canceled, BCRC will
be refunded for any hours not operated.
7. Insurance: Avon shall provide for Comprehensive General Liability insurance with
minimum combined single limits of One Million Dollars ($1,000,000.00) Dollars each
occurrence and of Two Million Dollars ($2,000,000.00) 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. Such insurance shall list Beaver Creek Resort Company of Colorado as an additional
insured party.
8. Indemnification: To the extent permitted by law Avon agrees to indemnify, defend
and hold harmless BCRC (and their officials, agents, representatives, employees, contractors,
and successors and assigns) from all claims, demands, damages (including, without limitation,
consequential damages), causes of action, fines, penalties, losses, liability, judgments, costs or
expenses (including reasonable attorneys' fees) resulting from claims for bodily injury
(including death) to any person or damage to any property, caused by or arising from the conduct
or activities of Avon, its officers, employees or agents, in the performance of this Agreement of
provision of shuttle bus services as described in this Agreement (including, without limitation,
maintenance, repair and replacement activities); provided, however, such indemnification will
not extend to any claims caused by or arising from BCRC's negligence or willful misconduct.
9. Service: The shuttle bus service provided within the Beaver Creek resort area and the
boundaries of the Town of Avon shall be pursuant to the authority of Avon, operating under the
authority of and license from the Public Utilities Commission, as contracted for in this
Agreement.
10. Governmental Immunity: Nothing in this Agreement will be construed to waive, limit, or
otherwise modify any governmental immunity that may be available by law to Avon, its
officials, employees, contractors, or agents, or any other person acting on behalf of Avon, in
particular, the governmental immunity afforded or available pursuant to the Colorado
Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes.
11. Annual Budget and Appropriation: Obligations of each of the Parties, respectively, after
the current fiscal year are contingent upon funds for the purpose set forth in this Agreement
being appropriated, budgeted, and otherwise made available.
12. Notices: Any statement, notice, demand, or communication which either Party may desire
or be required to give to the other Party shall be in writing and shall be deemed sufficiently given
or rendered if delivered personally, by e-mail, or sent by first-class United States mail, postage
prepaid, addressed as follows:
DocuSign Envelope ID: 0BA860C0-CDF4-47AE-B52A-13320857CC7F
Page 5 of 6
October 29, 2023
Avon-Beaver Creek Ski Season Bus Funding Agreement
If to Avon: Town of Avon
PO Box 975
Avon, CO 81620
Attn.-Mr. Eric Heil
eheil@avon.org E-mail, and
Attn.-Mr. James Shoun
jshoun@avon.org Email
With a copy to: Town Attorney
100 Mikaela Way
P.O Box 975
Avon, Colorado 81620
townattorney@avon.org
If to BCRC: Beaver Creek Resort Company
PO Box 5390
Avon, CO 81620
Attn.-Mr. Jim Clancy
(303) 845-5857 Telephone
(720) 845-5945 Fax
harryjclancy@bcresortco.com E-mail
With a copy to: Kevin Kelley
Husch Blackwell LLP
1050 17th Street, Suite 1500
Denver, CO 80265
(303) 892-4424 Telephone (303) 685-4869 Fax
Kevin.Kelley@huschblackwell.com E-mail
13. AUTHORITY
The individuals executing this Agreement represent that they are expressly authorized to enter into this
Agreement on behalf of the Town of Avon and BCRC and bind their respective entities.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK-SIGNATURE PAGE
FOLLOWS]
DocuSign Envelope ID: 0BA860C0-CDF4-47AE-B52A-13320857CC7F
Page 6 of 6
October 29, 2023
Avon-Beaver Creek Ski Season Bus Funding Agreement
THIS AGREEMENT is executed and made
effective as provided above.
Town of Avon, Colorado Beaver Creek Resort Company
By: ___________________________ By: ___________________________
Eric Heil, Town Manager Harry J. Clancy, Executive Director
APPROVED AS TO FORM
By:_______________________________
Karl J. Hanlon, Town Attorney
DocuSign Envelope ID: 0BA860C0-CDF4-47AE-B52A-13320857CC7F
11/10/202311/10/2023
11/10/2023