25.07.03 ICA Service Agreement for Economic & Planning SystemsContract 1 Agreement Archive
Avon
COLORADO
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25.07.03 ICA Service Agreement fc
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Vendor 1 Other Party Name:
Contract Start Date:'
Contract End Date: *
Does The Contract Have An End
Date:
Economic & Planning Systems (EF
7/3/2025 tj
12/31 /2025 M
Yes v
i
Department: * Name: * Email Address:* Phone Number:*
Finance
responsible
for
the
contract:
Contract Notification
Recipients 1:
Contract Notification
Recipients 2:
Contract Notification
Recipients 3:
Add
Advance E-mail
Notification of
Expiration of
Contract:
Financial:
Paul Redmond predmond@avon-org
Name: Email Address:
Paul Redmond predmond@avon.org
Mary Larson mlarson@e psdenver. con
Arneil Wade awade@avon.org
Days: * Recipients Name:* Recipients Email
Address:'
30 Paul Redmond predmond@avon.oi
Contract Budget
Amount:
Budget Line Item:
970-748-4088
Special Terms:
List any special terms that are unusual and require review or another negotiating point
prior to expiration.
Attach Exhibit:
Exhibit 1 POF Only
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Council Action Required:* No
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A
neon
COLORADO
2025 Independent Contractor
Service Agreement
For Economic & Planning Systems
("BASE STUDY")
This Independent Contractor Service Agreement ("Agreement') dated as of July 3rd, 2025, is between the
Town of Avon, a Colorado home rule community ("Town"j, and Economic & Planning Services, an
economic and financial consulting firm of the State of Colorado whose business address is 73011Vh St,
Ste 630, Denver, CO 60202 ("Contractor" and, together with the Town, "Parties"}.
1. Services: Contractor agrees to provide services j"Serv[eesl 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
Ow 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, employerlemployee, 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 or 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:
V. Minimum Amounts. The Contractor shall obtain and shall continuously maintain during the Tern
(as defied 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 coverall liability, claims, demands, and other obligations assumed by the
Contractor.
The Contractor shall secure and maintain the following ("Required Insurance"}:
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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) for 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 (ncluding coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall contain a
severability, of interests provision. 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 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 patty for any Town -obtained insurance
policy or coverage.
B. For 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 Contractorss 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 shalt constitute a material breach of this Agreement upon which
2025 FORM: ICA - (Economica S Planning Systems, July 3, 2025(
Page 2 of 9
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 by 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, terms 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 Prgect Name as identified on the first page of this Agreement. The Town
may request and the Contractor small 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: Contractor shall submit monthly invoices for work completed. Town shall pay Contractor
within thirty (30) days after an invoice in proper form is submitted to Town. The contractor must deliver the
required tax forms when all work agreed to, has been completed, So each party can file for the
corresponding tax year.
& 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. The Town will pay for services completed by
Contractor up to the termination date.
6. 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.
7. 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 employment without regard 10 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.
& No Third -Panty 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 arty, including
any agent, sub -consultant, or sub -contractor of Contractor. Absolutely no third -party beneficiaries are
2025 FORM: ICA - IEconomica A Planning Systems, July 3, 20251
Page 3 of 9
intended by this Agreement. Any third -party receiving a benefit from this Agreement is an incidental and
unintended beneficiary only.
9. 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 the Town shall not be liable for indirect, incidental, special,
consequential or punitive damages, including but not limited to lost profits.
10. 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 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 Contactor
or anyone for whose acts Contractor may be liable, except to the extent any portion is caused in part by a
party indemnified hereunder.
11. Goveming 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 Agreement shall govem.
12. Term. The provision of Services under this Agreement shall commence on July 31d, 2025 (the
'Effective Datel and will terminate on December 315'. 2025 (cumulatively, the "Term7, 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 Tenn or contract for the provision of any future services, and makes no warranties or
representations 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 do not alter or amend any of the
terms or provisions of this Agreement.
13. Article X, Section 201TABOR. 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 time 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
2025 FORK ICA - iEconomica S Planning Systems, July 3, 29251
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resolutions of Town of Avon, and other applicable laws. Upon the failure to appropriate such funds, this
Agreement shall be terminated.
14. 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 CBl 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.
15. Assignability. The Contractor shall not assign this Agreement without the Town's prior written
consent.
16. Survival Clause. The 'Indemnification" provision set forth in this Agreement shall survive the
completion of the Services and the satisfaction, expiration, or termination of this Agreement.
17. Severability. In the event a court of competent jurisdiction holds any provision of this Agreement
invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of
this Agreement.
18. Attomey's Fees. Should this Agreement become the subject of litigation between the Town and
Contractor, the prevailing party shall be entitled to recovery of all actual costs in connection therewith,
including but not limited to recovery of all actual costs in connection therewith, including but not limited to
attorneys' fees and expert witness fees. All rights concerning remedies and/or attorneys' fees shall survive
any termination of this Agreement.
19. Confidentiality Clause. Economic Planning Systems acknowledges the confidentiality of tax
records as mandated by state law. Except in accordance with a judicial order or as otherwise provided by
law, neither Economic Planning Systems nor its employees shall disclose or make known, in any manner,
any sales or use tax information, documents, reports, or returns shared with Economic Planning Systems
by the Town of Avon.
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AGREEMENT READ, UNDERSTOOD, AND APPROVED:
TOWN OF AVON
By:
Name: PoLim &Jl'tzo)
TiSe: 7 ram. 60c,—
APPROVED AS TO FORM:
1") 1v I � _j
Nina . Will own Attomey
CONTRACTOR
By; Pr-nlllp-Pv___.
Name: Brian L. Duffany
rifle: Principal
2026 FORM: ICA - [Economica S Planning Systems, July 3, 202Sj
Page 6 of 2
EXHIBIT A
("Proposal")
PROJECT PURPOSE
The purpose of this Economic Base study is to document the Town's economic base or "economic driven;".
The Town is particularly interested In how or I tourism has grown and how much tourism and guests
(spending) contribute to jobs and tax revenues. The work will be comprised of three main components
intended to show how the Town's economy and jobs, land use, and tax revenues are related to each other.
Economic trends: This includes an analysis of jobs by industry, trends in jobs, and sales and lodging tax
trends.
Bed base: The inventory of property used as toudstivisitor accommodations and overnight (short-term)
rentals is a large factor in how many guests visit the Town. We will document changes/growth over time in
the lodging inventory, and estimate visitors and spending.
Retail and restaurants: These businesses and land use types enable the Town to capture the spending
(and safes tax) from visitors, residents, and people in the Eagle River Valley region who shop in Avon. We
will strive to inventory the major retail and restaurant business types and the amount of square feet in each
category.
Spending inflow/outflow analysis: We will develop an analysis that quantifies how much retail/restaurant
spending potential is generated in the Town, and how much of that spending is captured in Avon
businesses. The spending comes from residents, guests, and 'inflow" (people who shop in Avon and live
elsewhere). This analysis will help us estimate how much of a factor each demand group is in the Town's
economy, and how the tax revenues that fund municipal services are related.
WORK PLAN
Task 1. Kickoff and Data Collection
Kickoff meeting with Town staff to discuss details of the work plan. Generate a data request from the Town,
including sales tax, business licenses, other relevant land use databases.
Execute confidentiality agreements for safes tax data sharing. EPS will request detailed business level
sales tax data that EPS will analyze. EPS will ensure that any information presented publicly does not
disclose any individual business information.
Task 2, Job/Economy Trends
Compile and analyze job data by industry for the Town and Eagle. We will use and update data already
collected for the Eagle County Housing Needs Assessment.
2025 FORM: ICA - [Economica A Planning Systems, July 3, 20261
Page 7 of 9
Compile and analyze trends in key tax revenues including property tax, sales tax, lodging tax, and real
estate transfer taxes and fees.
Task 3. Bed Base and Tourism Trends
Inventory hotels From Town business license data; CoStar (a real estate data subscription service); land
useiparcel records; and other sources TBD.
Inventory short-term rental properties from Town licensing records and other sources such as AirDNA.
Where possible, show trends in the change in the accommodations inventory over time. Document
important metrics such as annual occupancy rates and average daily rental rates.
Interview 2-3 major property managers for qualitative insight on Avon's market position, visitor and
seasonal patterns, and strengths and weaknesses.
Task 4. Retail Inventory
Compile and clean data from town records to strive to develop a detailed inventory or retail/restaurant
businesses by major type. This will be subject to the type and quality of the data available.
Summarize the inventory and square footage into major categories such as eating and drinking,
comparison shoppers goods, clothing and outdoor equipment, home improvement, convenience goods
(grocery, drugstores, beeriliquor), etc.
Estimate retail sales by business category and align sales levels with the business inventory to estimate
sales per square foot, a measure of retail health.
Task 5. Inflow/Outflow Analysis
Estimate spending from visitors and residents. Collect data and research needed to estimate guest
spending. Create a spending model for residents using the US Census of Retail Trade. Estimate online
spending from a literature search and any Town data that may track non store/out of Town sales. Compare
spending levels to sales level category. The difference (sales minus local spending) is inflow.
Task S. Draft and Final Report
Prepare a reader -friendly report to communicate the major findings. Emphasize graphic display of data and
key concepts. Prepare a draft report for Town review, followed by a final revised report. The final report
may follow a Town Council or other Lady presentation to incorporate their comments.
Task T. Presentation
Present to Town Council or another body (e.g. Revenue Committee). The budget assumes an in -person
presentation.
2025 FORM: ICA — (Economica & Planning systems, Jury 3, 2025]
Page 8 of 9
Budget
The cost is not to exceed $39,910 as shown below. The cost and hours by task are estimates. EPS may
allocate flours and budget across tasks so long as the total budget does not exceed the total unless the
Client authorizes additional budget.
Wig Rate (2025 rates) $255 $160 $120
Task 1. Kickoff and data collection
2
12
0
$2,430
Task 2. Job/Economy Trends
0
8
8
$2,240
Task 3. Bed base and tourism trends
2
16
16
$4,"0
Task 4. Retail Inventory
2
24
32
$8,190
Task S. Inflow/Outflow analysis
6
32
8
$7,610
Task 6. Draft and Final Report
16
24
8
AND
Task 7. Presentation
8
12
3
$4.320
Tow
36
128
75
$38,660
E:pmes
Data acquisition
$500
Travel
$750
ToW Cast
$30,910
Some Economic i plmnb n s"tens
LAftamAPmp*"WDft24300-Av*nft, , i16W*X4313*8udgeL*.r **11
2025 FORM: ICA—tEconomica 1 Planning Systems, July 3, 20251
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