TC Packet 02-25-2025_____________________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY
ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI@AVON.ORG WITH YOUR REQUEST.
REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT.
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, February 25, 2025 – Revised February 25, 2025
MEETING BEGINS AT 5:00 PM
Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom
Zoom registration is on the header at Avon.org
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM
1. CALL TO ORDER AND ROLL CALL
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE
FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may be given
one (1) additional minute subject to Council approval.
5. CONSENT AGENDA
5.1. Approval of February 11, 2025 Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
5.2. Action Item: Intergovernmental Agreement CDOT 5311 Operations Grant (Mobility Manager Jim
Shoun)
5.3. Resolution 25-06 Approving 2025 Special Events for Administrative Approval (Chief Cultural
Officer Danita Dempsey)
5.4. Resolution 25-07: Updating Optional Premises License for the Storage and Sale of Alcohol
(Chief Cultural Officer Danita Dempsey)
6. BUSINESS ITEMS
6.1. Work Session: Proposed Energy Assessor’s Training Program (Sustainability Coordinator
Sarah Smith Hymes)
6.2. Resolution 25-05 Adopting the Regional Net Zero Roadmap and Committing to Collaborative
Action to Achieve Net Zero by 2030 (Climate Action Collaborative Manager Gina McCrackin)
6.3. Action Item: Developer Services Agreement with Ulysses for Development of Community
Housing on the Slopeside Parcel (Housing Planner Patti Liermann)
6.4. CASE Committee Interviews & Appointments for the Culture, Arts & Special Events Committee
(Chief Cultural Officer Danita Dempsey)
6.5. PUBLIC HEARING: Second Reading of Ordinance 25-01 to adopt by reference the 2024
Model Traffic Code (Deputy Chief Coby Cosper)
6.6. PUBLIC HEARING: Second Reading of Ordinance 25-04 Adoption of Sun Road
Redevelopment Plan (Planning Manager Jena Skinner and Town Manager Eric Heil)
6.7. PUBLIC HEARING: Emergency Ordinance 25-07: Temporary Moratorium – Natural Medicine
Healing Centers and Businesses (Town Attorney Nina Williams)
7. WRITTEN REPORTS
7.1. January 27th Planning & Zoning Commission Abstract (Development Coordinator Emily Block)
7.2. Bi-Monthly Sustainability Update (Sustainability Manager Charlotte Lin)
7.3. Monthly Financials (Senior Accountant Dean Stockdale)
7.4. Monthly Public Operations Report (Public Operations Manager Gary Padilla)
_____________________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
MEETING NOTICES ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
INDIVIDUALS WITH DISABILITIES ARE ENCOURAGED TO PARTICIPATE IN ALL PUBLIC MEETINGS SPONSORED BY THE TOWN OF AVON. IF YOU REQUIRE A DISABILITY
ACCOMMODATION, PLEASE CONTACT THE TOWN CLERK, MIGUEL JAUREGUI CASANUEVA, AT 970-748-4001 OR MJAUREGUI@AVON.ORG WITH YOUR REQUEST.
REQUESTS SHOULD BE MADE AS SOON AS POSSIBLE BUT NO LATER THAN 72 HOURS BEFORE THE SCHEDULED PUBLIC EVENT.
7.5. Quarterly RETT Reports (Financial Analyst Chase Simmons)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
9. ADJOURN
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.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 11, 2025
HYBRID MEETING; IN-PERSON AT AVON TOWN HALL AND VIRTUALLY THROUGH ZOOM
1
1.CALL TO ORDER AND ROLL CALL
The meeting was hosted in a hybrid format, in-person at Avon Town Hall and virtually via
Zoom.us. Mayor Tamra N. Underwood called the February 11, 2025, Council Regular Meeting to
order at 5:00 p.m. A roll call was taken, and Councilors present in person were Chico Thuon,
Gary Brooks, Ruth Stanley, Lindsay Hardy, Kevin Hyatt, Mayor Pro Tem Richard Carroll, and
Mayor Tamra N. Underwood. They were joined in person by Town Manager Eric Heil, Deputy
Town Manager Patty McKenny, Chief Administrative Officer Ineke de Jong, Town Attorney Nina
P. Williams, Town Clerk Miguel Jauregui Casanueva, Community Development Director Matt
Pielsticker, Planning Manager Jena Skinner, Long Range Housing Planner Patti Liermann, Rec
Director Michael Labagh, Senior Accountant Chase Simmons, Sustainability Coordinator Sarah
Smith Hymes, and Avon Police Chief Greg Daly.
2.APPROVAL OF AGENDA
Video Start Time: 00:00:32
Mayor Underwood initiated the meeting with the Agenda approval process. Councilor Stanley
motioned to approve the Agenda, as presented. Councilor Hardy seconded the motion. The
motion carried unanimously with a 7-0 vote.
3.DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:00:53
Mayor Underwood asked if there were any conflicts of interest related to the Agenda, and no
conflicts of interest were disclosed.
4.PUBLIC COMMENT
Video Start Time: 00:01:07
Mayor Underwood explained that public comment can be made by participating in the meeting
in person, via zoom’s video/audio, via telephone, or via email. She added that the public
comment section is intended for items not listed in the Agenda, and participation by members
of the public is limited to 3 minutes. She asked if there was any public comment from those
present in the room or virtually and requested that they spell their name and mention the
neighborhood they reside in upon taking the podium. Elizabeth Niotis took the podium in
person to offer public comment related to Business Item 6.3., which was received at this time
and added to these Minutes under Business Item 6.3. No other public comment was received
in person nor virtually.
5.CONSENT AGENDA
Video Start Time: 00:06:15
Mayor Underwood introduced the approval of the Consent Agenda to include the following:
5.1 Approval of January 28, 2025, Regular Council Meeting Minutes (Town Clerk Miguel Jauregui
Casanueva)
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Mayor Pro Tem Carroll motioned to approve the Consent Agenda. Councilor Stanley seconded
the motion. The motion carried unanimously with a 7-0 vote.
6. BUSINESS ITEMS
6.1. Presentation: Energy Smart Colorado 2025 Program Update (Energy Programs Director Nikki
Maline)
Video Start Time: 00:06:45
Energy Programs Director Nikki Maline delivered a presentation related to the Energy Smart
Colorado 2025 Program, and summarized 2024 accomplishments and 2025 program updates.
After her presentation, she answered some questions from Council. As this was a presentation
to Council, no public comment was received, and no motion was requested.
6.2. PUBLIC HEARING: Second Reading of Ordinance 25-04 Adoption of Sun Road Redevelopment
Plan (Planning Manager Jena Skinner and Town Manager Eric Heil)
Video Start Time: 00:25:03
Town Manager Eric Heil requested for Council to continue the Second Reading of Ordinance
25-04: Adoption of Sun Road Redevelopment Plan to the next Council meeting on February 25,
2025, so staff may complete additional work required for this item. Mayor Underwood
mentioned that one public comment was received by email after First Reading and added to
this council packet, and she added that she also received a text message from a constituent in
Wildridge who requested that staff take sun exposure into account as part of this Ordinance.
Mayor Underwood opened the floor to the public hearing, and no public comment was
received in person nor virtually. Councilor Hardy motioned to continue the second reading of
Ordinance 25-04 to February 25th, 2025. Councilor Brooks seconded the motion. The motion
carried unanimously with a 7-0 vote.
6.3. PUBLIC HEARING: Second Reading of Ordinance 25-02 Amending Avon Municipal Code Section
9.20.060 Regarding Camping on Town Property (Town Attorney Nina Williams)
Video Start Time: 00:28:10
Town Attorney Nina Williams delivered a presentation related to the Second Reading of
Ordinance 25-02: Amending Avon Municipal Code Section 9.20.060 Regarding Camping on
Town Property. Mayor Underwood opened the floor to public hearing, and Elizabeth Niotis, a
resident of Eagle County who works in Avon, took the podium in person to speak of the camping
ordinance, stating she disagrees with its contents because she believes camping in Avon can
have positive impacts for many reasons she expanded on. She closed her remarks by calling the
camping ban unethical. [Note: Elizabeth Niotis’s public comment was received during Agenda
Item 4. Public Comment and can be viewed at video start time 00:01:30]. No other public
comment was received in person nor virtually. Councilor Hardy spoke of Chief Daly’s
extraordinary reasoning of why this ordinance is necessary and acknowledged that she is not
deaf to the concerns raised during public comment.
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 11, 2025
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Councilor Hyatt stated he would like to hear from staff about what Summit County’s is doing
to regulate camping on public property, which was echoed by Councilor Stanley who added she
spent 2 years living out of her car when she first moved here. Councilor Stanley asked Elizabeth
Niotis to take the podium again to converse with her about the concerns of people living out of
their cars in Avon. Ms. Niotis spoke of harassment by the police who knock on windows of car
campers to ask them to move. Mayor Underwood directed staff to present information to
Council on how Summit County regulates camping on public property. Mayor Pro Tem Carroll
asked for Staff to also analyze where in Eagle County that might be allowable. Councilor Brooks
asked staff to look at what all neighboring communities are doing to regulate this issue, and
not just focus on Summit County. With some remarks on the value of van lifers in the
community, Councilor Thuon motioned to approve the second reading of Ordinance 25-02.
Councilor Stanley seconded the motion. The motion carried unanimously with a 7-0 vote.
6.4. PUBLIC HEARING: Second Reading of Ordinance 25-03 Guns in Sensitive Government Spaces
and Concealed Firearms (Town Attorney Nina Wiliams)
Video Start Time: 00:43:20
Town Attorney Nina Williams delivered a presentation related to the Second Reading of
Ordinance 25-03: Guns in Sensitive Government Spaces and Concealed Firearms. Mayor
Underwood opened the floor to public hearing, and no public comment was received in person
nor virtually. Councilor Stanley motioned to approve the second reading of Ordinance 25-03.
Councilor Brooks seconded the motion. The motion carried unanimously with a 7-0 vote.
6.5. PUBLIC HEARING: Second Reading of Ordinance 25-05 Amending Avon Municipal Code Section
2.02.010 – Departments Enumerated (Town Manager Eric Heil)
Video Start Time: 00:46:45
Town Manager Eric Heil delivered a presentation related to the Second Reading of Ordinance
25-05: Amending Avon Municipal Code Section 2.02.010 – Departments Enumerated. Mayor
Underwood opened the floor to public hearing, and no public comment was received in person
nor virtually. Councilor Thuon motioned to approve the second reading of Ordinance 25-05.
Councilor Brooks seconded the motion. The motion carried unanimously with a 7-0 vote.
6.6. Work Session: Community Housing Updates (Town Manager Eric Heil)
Video Start Time: 00:49:38
Town Manager Eric Heil introduced the Work Session related to Community Housing Updates.
Due to technical difficulties displaying Town Manager Heil’s presentation, Mayor Underwood
declared a brief recess from 5:55 p.m. to 6:00 p.m. to allow staff to fix the issue.
After Council reconvened, Town Manager Heil walked council through a presentation of
opportunities for housing developments in Avon. Mayor Underwood asked for public
comment, and Damian Niotis, resident of Eagle County, took the podium in person to ask that
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 11, 2025
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some of the land identified in the presentation be repurposed to offer a space for those living
out of their vans. No other public comment was received. Mayor Underwood asked for Town
Manager Heil to describe PUD amendments that are needed to allow for the Fire Station to
permit fire fighter housing. Town Manager Heil mentioned that a PUD amendment is required,
and he has asked for Town Attorney Williams to make PUD amendments to allow for
community and staff housing in any such redevelopments in Town, so long as water right
entitlements allow for it. He added that Traer Creek was not welcoming to that concept at the
Village at Avon at this time. Councilor Gary Brooks asked Town Manager Heil to speak of
inclusionary zoning. As this was a work session, no motion was requested.
7. WRITTEN REPORTS
7.1. January 13th Planning & Zoning Commission Abstract (Development Coordinator Emily Block)
7.2. January 21st Health & Recreation Committee Draft Meeting Minutes (General Government
Fellow Arnell Wade)
7.3. February 3rd Avon Downtown Development Authority Draft Meeting Minutes (Chief
Administrative Officer Ineke de Jong)
7.4. Front Country Ranger Program Partners Update (Chief Administrative Officer Ineke de Jong)
7.5. Private Event Rentals Update (Chief Cultural Officer Danita Dempsey)
** Indicates topic will be discussed at future agenda’s
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 01:33:30
Mayor Pro Tem Carroll reminded the public that CORE Transit is meeting tomorrow, February
12, 2025, at 12:30 p.m. at Avon Town Hall, and the meeting will be televised by High Five Media.
He encouraged the public to attend.
Mayor Underwood indicated that Chief Administrative Officer Ineke de Jong will forward to all
Councilors a letter initiated by the Mountain Pact regarding federal land use so that they can
review it and choose if they would like to sign it in their individual capacity, adding that Council
will not be signing it jointly on behalf of the Town of Avon.
9. EXECUTIVE SESSION
Video Start Time: 01:34:40
9.1. Mayor Underwood requested a motion from her fellow councilors to proceed into Executive
Session. Councilor Stanley motioned to retire into Executive Session for the purpose of discussing
the purchase of real property pursuant to CRS Section 24-6-402(4)(a); and for the purpose of
determining positions relative to matters that may be subject to negotiation, developing strategy
for negotiations, and/or instructing negotiators under C.R.S. Section 24-6-402(4)(e); concerning the
following specific matters: State Land Board Property. Councilor Hardy seconded the motion. The
motion carried unanimously with a 7-0 vote. The time was 6:40 p.m. At the roll call, all members of
Council were present. Also present were Town Manager Eric Heil, Deputy Town Manager Patty
AVON REGULAR MEETING MINUTES
TUESDAY FEBRUARY 11, 2025
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McKenny, Chief Administrative Officer Ineke de Jong, and Town Attorney Nina Williams. The
Executive Session commenced at 6:51 p.m. The Executive Session adjourned at 7:41 p.m.
10. ADJOURN
There being no further business before Council, Mayor Underwood moved to adjourn the
regular meeting. The time was 7:41 p.m.
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:
________________________________
Miguel Jauregui Casanueva, Town Clerk
APPROVED:
Mayor Underwood ___________________________________
Rich Carroll
Ruth Stanley
Lindsay Hardy
Chico Thuon
Kevin Hyatt
Gary Brooks
970-748-4113 jshoun@avon.org
TO: Honorable Tamra N. Underwood and Council Members FROM: Jim Shoun, Mobility Manager
RE: IGA for 2025 Operating Grant
DATE: February 15, 2025
SUMMARY: A State of Colorado Grant is presented to Council for consideration. The Town of
Avon has applied for and has been awarded a 5311 Operating Grant of $260,960.00.
When approved, the contract will be sent, via DocuSign, to the mayor for signature.
BACKGROUND: The 5311 Operating Grant is a yearly agreement to provide operating
assistance to states in support of public transportation in rural areas with populations less than
50,000. This is a formula grant, based on agency service size and is awarded yearly. While it is
a small portion of the overall Mobility Fund, it is vital to our continuing operations.
AWARD: Total award for this agreement is as follows:
PROPOSED MOTION: “I move to approve the Intergovernmental Agreement between the
State of Colorado and the Town of Avon.”
Thank you, Jim
ATTACHMENT A: Intergovernmental Agreement
Award $260,960.00
Minimum Local Contribution $260,960.00
Total $521,920.00
Contract Number: 25-HTR-ZL-00142 / PO: 491003830
Page 1 of 47 Version 10/23/19
STATE OF COLORADO SUBAWARD AGREEMENT
COVER PAGE
State Agency
Department of Transportation
Agreement Number / PO Number
25-HTR-ZL-00142 / 491003830
Subrecipient
Town of Avon
Agreement Performance Beginning Date
The Effective Date
Initial Agreement Expiration Date
December 31, 2025 Subaward Agreement Amount
Federal Funds
Maximum Amount (50%)
Local Funds
Local Match Amount (50%)
Agreement Total
$260,960.00
$260,960.00
$521,920.00
Fund Expenditure End Date
December 31, 2025
Agreement Authority
Authority to enter into this Agreement exists in
CRS §§43-1-106, 43-1-110, 43-1-117.5, 43-1-701,
43-1-702 and 43-2-101(4)(c), appropriated and
otherwise made available pursuant to the FAST
ACT, MAP-21, SAFETEA_LU, 23 USC §104 and
23 USC §149.
Agreement Purpose
In accordance with 49 USC §5311, the purpose of this Agreement is to provide capital, planning, and
operating assistance to states to support public transportation in rural areas with populations less than 50,000,
where many residents often rely on public transit to reach their destinations. The work to be completed under
this Agreement by the Subrecipient is more specifically described in Exhibit A.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1. Exhibit A – Statement of Work and Budget.
2.Exhibit B – Sample Option Letter.
3. Exhibit C – Federal Provisions.
4.Exhibit D – Required Federal Contract/Agreement Clauses.
5. Exhibit E – Verification of Payment.
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such
conflict or inconsistency shall be resolved by reference to the documents in the following order of priority:
1. Exhibit C – Federal Provisions.
2. Exhibit D – Required Federal Contract/Agreement Clauses.
3. Colorado Special Provisions in §17 of the main body of this Agreement.
4. The provisions of the other sections of the main body of this Agreement.
5.Exhibit A – Statement of Work and Budget.
6. Executed Option Letters (if any).
Principal Representatives
For the State:
Erin Kelican
Division of Transit and Rail
Colorado Dept. of Transportation
2829 W. Howard Place
Denver, CO 80204
erin.kelican@state.co.us
For Subrecipient:
Jim Shoun
Town of Avon
P.O. Box 975
Avon, CO 81620
jshoun@avon.org
ATTACHMENT A:
Contract Number: 25-HTR-ZL-00142 / PO: 491003830
Page 2 of 47 Version 10/23/19
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this
Agreement and to bind the Party authorizing such signature.
SUBRECIPIENT
Town of Avon
By:_______________________
Name:________________________
Title:__________________________
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By:_______________________
Name:________________________
Title:__________________________
Date: _________________________
Second Subrecipient Signature, If Needed
Town of Avon
By:_______________________
Name:________________________
Title:__________________________
Date: _________________________
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Department of Transportation
Effective Date:_____________________
Contract Number: 25-HTR-ZL-00142 / PO: 491003830
Page 3 of 47 Version 10/23/19
TABLE OF CONTENTS
1. PARTIES ................................................................................................................................................ 3
2. TERM AND EFFECTIVE DATE .......................................................................................................... 3
3. DEFINITIONS........................................................................................................................................ 4
4. STATEMENT OF WORK AND BUDGET ........................................................................................... 6
5. PAYMENTS TO SUBRECIPIENT ........................................................................................................ 6
6. REPORTING - NOTIFICATION ........................................................................................................... 8
7. SUBRECIPIENT RECORDS ................................................................................................................. 9
8. CONFIDENTIAL INFORMATION - STATE RECORDS ................................................................... 9
9. CONFLICTS OF INTEREST ............................................................................................................... 10
10. INSURANCE........................................................................................................................................ 11
11. BREACH OF AGREEMENT ............................................................................................................... 12
12. REMEDIES .......................................................................................................................................... 12
13. DISPUTE RESOLUTION .................................................................................................................... 14
14. NOTICES and REPRESENTATIVES ................................................................................................. 14
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ..................................................... 14
16. GENERAL PROVISIONS ................................................................................................................... 15
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 17
1. PARTIES
This Agreement is entered into by and between Subrecipient named on the Cover Page for this Agreement (the
“Subrecipient”), and the STATE OF COLORADO acting by and through the State agency named on the Cover
Page for this Agreement (the “State”). Subrecipient and the State agree to the terms and conditions in this
Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be
expended by the Fund Expenditure End Date shown on the Cover Page for this Agreement. The State shall
not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to
pay Subrecipient for any Work performed or expense incurred before the Effective Date, except as described
in §5.D, or after the Fund Expenditure End Date.
B. Initial Term
The Parties’ respective performances under this Agreement shall commence on the Agreement Performance
Beginning Date shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement
Expiration Date shown on the Cover Page for this Agreement (the “Initial Term”) unless sooner terminated
or further extended in accordance with the terms of this Agreement.
C. Extension Terms - State’s Option
The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the
Initial Term for a period, or for successive periods, of one year or less at the same rates and under the same
terms specified in this Agreement (each such period an “Extension Term”). In order to exercise this option,
the State shall provide written notice to Subrecipient in a form substantially equivalent to the Sample Option
Letter attached to this Agreement.
D. End of Term Extension
If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, the State, at
its discretion, upon written notice to Subrecipient in a form substantially equivalent to the Sample Option
Letter attached to this Agreement, may unilaterally extend such Initial Term or Extension Term for a period
not to exceed two months (an “End of Term Extension”), regardless of whether additional Extension Terms
are available or not. The provisions of this Agreement in effect when such notice is given shall remain in
effect during the End of Term Extension. The End of Term Extension shall automatically terminate upon
execution of a replacement Agreement or modification extending the total term of this Agreement.
Contract Number: 25-HTR-ZL-00142 / PO: 491003830
Page 4 of 47 Version 10/23/19
E. Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado as determined
by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the
State, the State, in its discretion, may terminate this Agreement in whole or in part. A determination that this
Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate for
convenience. This subsection shall not apply to a termination of this Agreement by the State for Breach of
Agreement by Subrecipient, which shall be governed by §12.A.i.
i. Method and Content
The State shall notify Subrecipient of such termination in accordance with §14. The notice shall specify
the effective date of the termination and whether it affects all or a portion of this Agreement, and shall
include, to the extent practicable, the public interest justification for the termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Subrecipient shall be subject
to the rights and obligations set forth in §12.A.i.a.
iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Subrecipient an amount
equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the
percentage of Work satisfactorily completed and accepted, as determined by the State, less payments
previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State,
the State may reimburse Subrecipient for a portion of actual out-of-pocket expenses, not otherwise
reimbursed under this Agreement, incurred by Subrecipient which are directly attributable to the
uncompleted portion of Subrecipient’s obligations, provided that the sum of any and all reimbursement
shall not exceed the Subaward Maximum Amount payable to Subrecipient hereunder.
F. Subrecipient’s Termination Under Federal Requirements
Subrecipient may request termination of this Agreement by sending notice to the State, or to the Federal
Awarding Agency with a copy to the State, which includes the reasons for the termination and the effective
date of the termination. If this Agreement is terminated in this manner, then Subrecipient shall return any
advanced payments made for work that will not be performed prior to the effective date of the termination.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Agreement” means this subaward agreement, including all attached Exhibits, all documents incorporated
by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto.
B. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award.
The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of
the Federal Award specifically indicate otherwise.
C. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with
this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under
any bankruptcy, insolvency, reorganization or similar law, by or against Subrecipient, or the appointment of
a receiver or similar officer for Subrecipient or any of its property, which is not vacated or fully stayed within
30 days after the institution of such proceeding, shall also constitute a breach. If Subrecipient is debarred or
suspended under §24-109-105, C.R.S., at any time during the term of this Agreement, then such debarment
or suspension shall constitute a breach.
D. “Budget” means the budget for the Work described in Exhibit A.
E. “Business Day” means any day other than Saturday, Sunday, or a legal holiday as listed in §24-11-101(1),
C.R.S.
F. “CORA” means the Colorado Open Records Act, §§24 -72-200.1, et. seq., C.R.S.
G. “Deliverable” means the outcome to be achieved or output to be provided, in the form of a tangible or
intangible Good or Service that is produced as a result of Subrecipient’s Work that is intended to be delivered
by Subrecipient.
Contract Number: 25-HTR-ZL-00142 / PO: 491003830
Page 5 of 47 Version 10/23/19
H. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State
Controller or designee, as shown on the Signature Page for this Agreement.
I. “End of Term Extension” means the time period defined in §2.D.
J. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the Cover Page
for this Agreement.
K. “Extension Term” means the time period defined in §2.C.
L. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract, under
the Federal Acquisition Regulations or by a formula or block grant, by a Federal Awarding Agency to the
Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of the Federal
Award. The term does not include payments to a Subrecipient or payments to an individual that is a
beneficiary of a Federal program.
M. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. Federal
Transit Administration (FTA) is the Federal Awarding Agency for the Federal Award which is the subject of
this Agreement.
N. “FTA” means Federal Transit Administration.
O. “Goods” means any movable material acquired, produced, or delivered by Subrecipient as set forth in this
Agreement and shall include any movable material acquired, produced, or delivered by Subrecipient in
connection with the Services.
P. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made
available for payment by the State under this Agreement.
Q. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the
unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or
information resources of the State, which are included as part of the Work, as described in §§24-37.5-401,
et. seq., C.R.S. Incidents include, without limitation (i) successful attempts to gain unauthorized access to a
State system or State Records regardless of where such information is located; (ii) unwanted disruption or
denial of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv)
changes to State system hardware, firmware, or software characteristics without the State’s knowledge,
instruction, or consent.
R. “Initial Term” means the time period defined in §2.B.
S. “Master Agreement” means the FTA Master Agreement document incorporated by reference and made part
of FTA’s standard terms and conditions governing the administration of a project supported with federal
assistance awarded by FTA.
T. “Matching Funds” (Local Funds, or Local Match) means the funds provided by Subrecipient as a match
required to receive the Grant Funds and includes in-kind contribution.
U. “Party” means the State or Subrecipient, and “Parties” means both the State and Subreci pient.
V. “PII” means personally identifiable information including, without limitation, any information maintained
by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name,
social security number, date and place of birth, mother’s maiden name, or biometric records. PII includes,
but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-
73-101, C.R.S.
W. “Recipient” means the State agency shown on the Signature and Cover Pages of this Agreement, for the
purposes of this Federal Award.
X. “Services” means the services to be performed by Subrecipient as set forth in this Agreement and shall
include any services to be rendered by Subrecipient in connection with the Goods.
Y. “State Confidential Information” means any and all State Records not subject to disclosure under CORA.
State Confidential Information shall include but is not limited to PII and State personnel records not subject
to disclosure under CORA. State Confidential Information shall not include information or data concerning
individuals that is not deemed confidential but nevertheless belongs to the State, which has been
communicated, furnished, or disclosed by the State to Subrecipient which (i) is subject to disclosure pursuant
to CORA; (ii) is already known to Subrecipient without restrictions at the time of its disclosure to
Subrecipient; (iii) is or subsequently becomes publicly available without breach of any obligation owed by
Subrecipient to the State; (iv) is disclosed to Subrecipient, without confidentiality obligations, by a third party
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who has the right to disclose such information; or (v) was independently developed without reliance on any
State Confidential Information.
Z. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-
30-202(13)(a), C.R.S.
AA. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and ending on June
30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal
Year ending in that calendar year.
BB. “State Records” means any and all State data, information, and records regardless of physical form.
CC. “Subaward Maximum Amount” means an amount equal to the total of Grant Funds for this Agreement.
DD. “Subcontractor” means any third party engaged by Subrecipient to aid in performance of the Work.
“Subcontractor” also includes sub -recipients of Grant Funds.
EE. “Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry out part of a
Federal program but does not include an individual that is a beneficiary of such program. A Subrecipient may
also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purposes of
this Agreement, Contractor is a Subrecipient.
FF. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, commonly known as the
“Super Circular, which supersedes requirements from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-
102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up.
GG. “Work” means the Goods delivered and Services performed pursuant to this Agreement.
HH. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished,
including drafts. Work Product includes, but is not limited to, documents, text, software (including source
code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives,
pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information, and
any other results of the Work. “Work Product” does not include any material that was developed prior to the
Effective Date that is used, without modification, in the performance of the Work.
Any other term used in this Agreement that is defined elsewhere in this Agreement or in an Exhibit shall be
construed and interpreted as defined in that section.
4. STATEMENT OF WORK AND BUDGET
Subrecipient shall complete the Work as described in this Agreement and in accordance with the provisions of
Exhibit A. The State shall have no liability to compensate Subrecipient for the delivery of any goods or the
performance of any services that are not specifically set forth in this Agreement.
5. PAYMENTS TO SUBRECIPIENT
A. Subaward Maximum Amount
Payments to Subrecipient are limited to the unpaid, obligated balance of the Grant Funds. The State shall not
pay Subrecipient any amount under this Agreement that exceeds the Subaward Maximum Amount shown on
the Cover Page of this Agreement as “Federal Funds Maximum Amount”.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Subrecipient in the amounts and in accordance with the schedule and other
conditions set forth in Exhibit A.
b. Subrecipient shall initiate payment requests by invoice to the State, in a form and manner approved
by the State.
c. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long
as the amount invoiced correctly represents Work completed by Subrecipient and previously
accepted by the State during the term that the invoice covers. If the State determines that the amount
of any invoice is not correct, then Subrecipient shall make all changes necessary to correct that
invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work performed or Deliverables
provided under this Agreement.
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ii. Interest
Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear interest
on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24-30-
202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts
that the State disputes in writing. Subrecipient shall invoice the State separately for accrued interest on
delinquent amounts, and the invoice shall reference the delinquent payment, the number of days’ interest
to be paid and the interest rate.
iii. Payment Disputes
If Subrecipient disputes any calculation, determination or amount of any payment, Subrecipient shall
notify the State in writing of its dispute within 30 days following the earlier to occur of Subrecipient’s
receipt of the payment or notification of the determination or calculation of the payment by the State.
The State will review the information presented by Subrecipient and may make changes to its
determination based on this review. The calculation, determination or payment amount that results from
the State’s review shall not be subject to additional dispute under this subsection. No payment subject to
a dispute under this subsection shall be due until after the State has concluded its review, and the State
shall not pay any interest on any amount during the period it is subject to dispute under this subsection.
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the current State Fiscal
Year. Payment to Subrecipient beyond the current State Fiscal Year is contingent on the appropriation
and continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special
Provisions). If federal funds or funds from any other non-State funds constitute all or some of the Grant
Funds, the State’s obligation to pay Subrecipient shall be contingent upon such non-State funding
continuing to be made available for payment. Payments to be made pursuant to this Agreement shall be
made only from Grant Funds, and the State’s liability for such payments shall be limited to the amount
remaining of such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become
unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in
whole or in part, without incurring further liability. The State shall, however, remain obligated to pay
for Services and Goods that are delivered and accepted prior to the effective date of notice of termination,
and this termination shall otherwise be treated as if this Agreement were terminated in the public interest
as described in §2.E.
v. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State
to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance
recovery is to be made within the Record Retention Period, as defined below.
C. Matching Funds
Subrecipient shall provide Matching Funds as provided in Exhibit A. Subrecipient shall have raised the full
amount of Matching Funds prior to the Effective Date and shall report to the State regarding the status of
such funds upon request. Subrecipient’s obligation to pay all or any part of any Matching Funds, whether
direct or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Agreement
by the authorized representatives of Subrecipient and paid into Subrecipient’s treasury or bank account.
Subrecipient represents to the State that the amount designated “Subrecipient’s Matching Funds” in Exhibit
A has been legally appropriated for the purposes of this Agreement by its authorized representatives and paid
into its treasury or bank account. Subrecipient does not by this Agreement irrevocably pledge present cash
reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal
year debt of Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges, fees,
taxes or penalties of any nature, except as required by Subrecipient’s laws or policies.
D. Reimbursement of Subrecipient Costs
i. The State shall reimburse Subrecipient for the federal share of properly documented allowable costs
related to the Work after review and approval thereof, subject to the provisions of §5, this Agreement,
and Exhibit A. However, any costs incurred by Subrecipient prior to the Effective Date shall not be
reimbursed absent specific allowance of pre-award costs and indication that the Federal Award funding
is retroactive. The State shall pay Subrecipient for costs or expenses incurred or performance by the
Subrecipient prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2)
federal laws, rules, and regulations applicable to the Work provide for such retroactive payments to the
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Subrecipient. Any such retroactive payments shall comply with State Fiscal Rules and be made in
accordance with the provisions of this Agreement.
ii. The State shall reimburse Subrecipient’s allowable costs, not exceeding the Subaward Maximum
Amount shown on the Cover Page of this Agreement and on Exhibit A for all allowable costs described
in this Agreement and shown in Exhibit A, except that Subrecipient may adjust the amounts between
each line item of Exhibit A without formal modification to this Agreement as long as the Subrecipient
provides notice to the State of the change, the change does not modify the Subaward Maximum Amount
or the Subaward Maximum Amount for any federal fiscal year or State Fiscal Year, and the change does
not modify any requirements of the Work.
iii. The State shall only reimburse allowable costs described in this Agreement and shown in the Budget if
those costs are:
a. Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and
b. Equal to the actual net cost to Subrecipient (i.e. the price paid minus any items of value received by
Subrecipient that reduce the cost actually incurred).
iv. Subrecipient’s costs for Work performed after the Fund Expenditure End Date shown on the Cover Page
for this Agreement, or after any phase performance period end date for a respective phase of the Work,
shall not be reimbursable. Subrecipient shall initiate any payment request by submitting invoices to the
State in the form and manner set forth and approved by the State.
E. Close-Out
Subrecipient shall close out this Award within 45 days after the Fund Expenditure End Date shown on the
Cover Page for this Agreement. To complete close-out, Subrecipient shall submit to the State all Deliverables
(including documentation) as defined in this Agreement and Subrecipient’s final reimbursement request or
invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and
accepted by the State as substantially complete. If the Federal Awarding Agency has not closed this Federal
Award within one year and 90 days after the Fund Expenditure End Date shown on the Cover Page for this
Agreement due to Subrecipient’s failure to submit required documentation, then Subrecipient may be
prohibited from applying for new Federal Awards through the State until such documentation is submitted
and accepted.
6. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to any other Exhibit, for any Agreement having a term longer
than three months, Subrecipient shall submit, on a quarterly basis, a written report specifying progress made
for each specified performance measure and standard in this Agreement. Such progress report shall be in
accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted
to the State not later than five Business Days following the end of each calendar quarter or at such time as
otherwise specified by the State.
B. Litigation Reporting
If Subrecipient is served with a pleading or other document in connection with an action before a court or
other administrative decision making body, and such pleading or document relates to this Agreement or may
affect Subrecipient’s ability to perform its obligations under this Agreement, Subrecipient shall, within 10
days after being served, notify the State of such action and deliver copies of such pleading or document to
the State’s Principal Representative identified on the Cover Page for this Agreement.
C. Performance and Final Status
Subrecipient shall submit all financial, performance and other reports to the State no later than 45 calendar
days after the end of the Initial Term if no Extension Terms are exercised, or the final Extension Term
exercised by the State, containing an evaluation and review of Subrecipient’s performance and the final status
of Subrecipient’s obligations hereunder.
D. Violations Reporting
Subrecipient shall disclose, in a timely manner, in writing to the State and the Federal Awarding Agency, all
violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting
the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance
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allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or
debarment.
7. SUBRECIPIENT RECORDS
A. Maintenance
Subrecipient shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file
of all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work and the delivery of Services (including, but not
limited to the operation of programs) or Goods hereunder (collectively, the “Subrecipient Records”).
Subrecipient shall maintain such records for a period of three years following the date of submission to the
State of the final expenditure report, or if this Award is renewed quarterly or annually, from the date of the
submission of each quarterly or annual report, respectively (the “Record Retention Period”). If any litigation,
claim, or audit related to this Award starts before expiration of the Record Retention Period, the Record
Retention Period shall extend until all litigation, claims, or audit findings have been resolved and final action
taken by the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit,
oversight or indirect costs, and the State, may notify Subrecipient in writing that the Record Retention Period
shall be extended. For records for real property and equipment, the Record Retention Period shall extend
three years following final disposition of such property.
B. Inspection
Subrecipient shall permit the State, the federal government, and any other duly authorized agent of a
governmental agency to audit, inspect, examine, excerpt, copy and transcribe Subrecipient Records during
the Record Retention Period. Subrecipient shall make Subrecipient Records available during normal business
hours at Subrecipient’s office or place of business, or at other mutually agreed upon times or locations, upon
no fewer than two Business Days’ notice from the State, unless the State determines that a shorter period of
notice, or no notice, is necessary to protect the interests of the State.
C. Monitoring
The State, the federal government, and any other duly authorized agent of a governmental agency, in its
discretion, may monitor Subrecipient’s performance of its obligations under this Agreement using procedures
as determined by the State or that governmental entity. Subrecipient shall allow the State to perform all
monitoring required by the Uniform Guidance, based on the State’s risk analysis of Subrecipient and this
Agreement. The State shall have the right, in its sole discretion, to change its monitoring procedures and
requirements at any time during the term of this Agreement. The State shall monitor Subrecipient’s
performance in a manner that does not unduly interfere with Subrecipient’s performance of the Work.
D. Final Audit Report
Subrecipient shall promptly submit to the State a copy of any final audit report of an audit performed on
Subrecipient’s records that relates to or affects this Agreement or the Work, whether the audit is conducted
by Subrecipient or a third party. Additionally, if Subrecipient is required to perform a single audit under 2
CFR 200.501, et. seq., then Subrecipient shall submit a copy of the results of that audit to the State within
the same timelines as the submission to the federal government.
8. CONFIDENTIAL INFORMATION - STATE RECORDS
A. Confidentiality
Subrecipient shall keep confidential, and cause all Subcontractors to keep confidential, all State Records,
unless those State Records are publicly available. Subrecipient shall not, without prior written approval of
the State, use, publish, copy, disclose to any third party, or permit the use by any third party of any State
Records, except as otherwise stated in this Agreement, permitted by law or approved in writing by the State.
Subrecipient shall provide for the security of all State Confidential Information in accordance with all
applicable laws, rules, policies, publications, and guidelines. Subrecipient shall immediately forward any
request or demand for State Records to the State’s Principal Representative identified on the Cover Page of
the Agreement.
B. Other Entity Access and Nondisclosure Agreements
Subrecipient may provide State Records to its agents, employees, assigns and Subcontractors as necessary to
perform the Work, but shall restrict access to State Confidential Information to those agents, employees,
assigns and Subcontractors who require access to perform their obligations under this Agreement.
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Subrecipient shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing
nondisclosure provisions at least as protective as those in this Agreement, and that the nondisclosure
provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State
Confidential Information. Subrecipient shall provide copies of those signed nondisclosure provisions to the
State upon execution of the nondisclosure provisions if requested by the State.
C. Use, Security, and Retention
Subrecipient shall use, hold and maintain State Confidential Information in compliance with any and all
applicable laws and regulations only in facilities located within the United States, and shall maintain a secure
environment that ensures confidentiality of all State Confidential Information. Subrecipient shall provide the
State with access, subject to Subrecipient’s reasonable security requirements, for purposes of inspe cting and
monitoring access and use of State Confidential Information and evaluating security control effectiveness.
Upon the expiration or termination of this Agreement, Subrecipient shall return State Records provided to
Subrecipient or destroy such State Records and certify to the State that it has done so, as directed by the State.
If Subrecipient is prevented by law or regulation from returning or destroying State Confidential Information,
Subrecipient warrants it will guarantee the confidentiality of, and cease to use, such State Confidential
Information.
D. Incident Notice and Remediation
If Subrecipient becomes aware of any Incident, Subrecipient shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined
by the State. Unless Subrecipient can establish that Subrecipient and its agents, employees, and
Subcontractors are not the cause or source of the Incident, Subrecipient shall be responsible for the cost of
notifying each person who may have been impacted by the Incident. After an Incident, Subrecipient shall
take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which
may include, but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State. The State may adjust or direct modifications to this plan, in its sole
discretion and Subrecipient shall make all modifications as directed by the State. If Subrecipient cannot
produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform such
analysis and produce a remediation plan, and Subrecipient shall reimburse the State for the reasonable costs
thereof. The State may, in its sole discretion and at Subrecipient’s sole expense, require Subrecipient to
engage the services of an independent, qualified, State-approved third party to conduct a security audit.
Subrecipient shall provide the State with the results of such audit and evidence of Subrecipient’s planned
remediation in response to any negative findings.
E. Data Protection and Handling
Subrecipient shall ensure that all State Records and Work Product in the possession of Subrecipient or any
Subcontractors are protected and handled in accordance with the requirements of this Agreement, including
the requirements of any Exhibits hereto, at all times. As used in this section, the protections afforded Work
Product only apply to Work Product that requires confidential treatment.
F. Safeguarding PII
If Subrecipient or any of its Subcontractors will or may receive PII under this Agreement, Subrecipient shall
provide for the security of such PII, in a manner and form acceptable to the State, including, without
limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer
access security, data access security, data storage encryption, data transmission encryption, security
inspections, and audits. Subrecipient shall be a “Third -Party Service Provider” as defined in §24-73-
103(1)(i), C.R.S., and shall maintain security procedures and practices consistent with §§24-73-101 et seq.,
C.R.S.
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Subrecipient shall not engage in any business or activities or maintain any relationships that conflict in any
way with the full performance of the obligations of Subrecipient under this Agreement. Such a conflict of
interest would arise when a Subrecipient or Subcontractor’s employee, officer or agent were to offer or
provide any tangible personal benefit to an employee of the State, or any member of his or her immediate
family or his or her partner, related to the award of, entry into or management or oversight of this Agreement.
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B. Apparent Conflicts of Interest
Subrecipient acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest
shall be harmful to the State’s interests. Absent the State’s prior written approval, Subrecipient shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Subrecipient’s obligations under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Subrecipient is uncertain whether a conflict or the
appearance of a conflict has arisen, Subrecipient shall submit to the State a disclosure statement setting forth
the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to
follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement.
D. Subrecipient acknowledges that all State employees are subject to the ethical principles described in §24-18-
105, C.R.S. Subrecipient further acknowledges that State employees may be subject to the requirements of
§24-18-105, C.R.S., with regard to this Agreement. For the avoidance of doubt, an actual or apparent conflict
of interest shall exist if Subrecipient employs or contracts with any State employee, any former State
employee within six months following such employee’s termination of employment with the State, or any
immediate family member of such current or former State employee. Subrecipient shall provide a disclosure
statement as described in §9.C. no later than ten days following entry into a contractual or employment
relationship as described in this section. Failure to timely submit a disclosure statement shall constitute a
Breach of Agreement. Subrecipient may also be subject to such penalties as are allowed by law.
10. INSURANCE
Subrecipient shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance
as specified in this section at all times during the term of this Agreement. All insurance policies required by this
Agreement that are not provided through self-insurance shall be issued by insurance companies as approved by
the State.
A. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering
all Subrecipient or Subcontractor employees acting within the course and scope of their employment.
B. General Liability
Commercial general liability insurance covering premises operations, fire damage, independent contractors,
products and completed operations, blanket contractual liability, personal injury, and advertising liability
with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any 1 fire.
C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a
minimum limit of $1,000,000 each accident combined single limit.
D. Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases and
construction contracts require additional insured coverage for completed operations) required of Subrecipient
and Subcontractors.
E. Primacy of Coverage
Coverage required of Subrecipient and each Subcontractor shall be primary over any insurance or self-
insurance program carried by Subrecipient or the State.
F. Cancellation
All insurance policies shall include provisions preventing cancellation or non-renewal, except for
cancellation based on non-payment of premiums, without at least 30 days prior notice to Subrecipient and
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Subrecipient shall forward such notice to the State in accordance with §14 within seven days of
Subrecipient’s receipt of such notice.
G. Subrogation Waiver
All insurance policies secured or maintained by Subrecipient or its Subcontractors in relation to this
Agreement shall include clauses stating that each carrier shall waive all rights of recovery under subrogation
or otherwise against Subrecipient or the State, its agencies, institutions, organizations, officers, agents,
employees, and volunteers.
H. Public Entities
If Subrecipient is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24-
10-101, et seq., C.R.S. (the “GIA”), Subrecipient shall maintain, in lieu of the liability insurance requirements
stated above, at all times during the term of this Agreement such liability insurance, by commercial policy or
self-insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within
the meaning of the GIA, Subrecipient shall ensure that the Subcontractor maintain at all times during the
terms of this Subrecipient, in lieu of the liability insurance requirements stated above, such liability insurance,
by commercial policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the
GIA.
I. Certificates
For each insurance plan provided by Subrecipient under this Agreement, Subrecipient shall provide to the
State certificates evidencing Subrecipient’s insurance coverage required in this Agreement prior to the
Effective Date. Subrecipient shall provide to the State certificates evidencing Subcontractor insurance
coverage required under this Agreement prior to the Effective Date, except that, if Subrecipient’s subcontract
is not in effect as of the Effective Date, Subrecipient shall provide to the State certificates showing
Subcontractor insurance coverage required under this Agreement within seven Business Days following
Subrecipient’s execution of the subcontract. No later than 15 days before the expiration date of Subrecipient’s
or any Subcontractor’s coverage, Subrecipient shall deliver to the State certificates of insurance evidencing
renewals of coverage. At any other time during the term of this Agreement, upon request by the State,
Subrecipient shall, within seven Business Days following the request by the State, supply to the State
evidence satisfactory to the State of compliance with the provisions of this section.
11. BREACH OF AGREEMENT
In the event of a Breach of Agreement, the aggrieved Party shall give written notice of breach to the other
Party. If the notified Party does not cure the Breach of Agreement, at its sole expense, within 30 days after
the delivery of written notice, the Party may exercise any of the remedies as described in §12 for that Party.
Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide
notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any
other remedy in this Agreement in order to protect the public interest of the State; or if Subrecipient is
debarred or suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure
period and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement
as of the date that the debarment or suspension takes effect.
12. REMEDIES
A. State’s Remedies
If Subrecipient is in breach under any provision of this Agreement and fails to cure such breach, the State,
following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in
addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the
remedies available to it, in its discretion, concurrently or consecutively.
i. Termination for Breach of Agreement
In the event of Subrecipient’s uncured breach, the State may terminate this entire Agreement or any part
of this Agreement. Additionally, if Subrecipient fails to comply with any terms of the Federal Award,
then the State may, in its discretion or at the direction of a Federal Awarding Agency, terminate this
entire Agreement or any part of this Agreement. Subrecipient shall continue performance of this
Agreement to the extent not terminated, if any.
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a. Obligations and Rights
To the extent specified in any termination notice, Subrecipient shall not incur further obligations or
render further performance past the effective date of such notice, and shall terminate outstanding
orders and subcontracts with third parties. However, Subrecipient shall complete and deliver to the
State all Work not cancelled by the termination notice, and may incur obligations as necessary to do
so within this Agreement’s terms. At the request of the State, Subrecipient shall assign to the State
all of Subrecipient’s rights, title, and interest in and to such terminated orders or subcontracts. Upon
termination, Subrecipient shall take timely, reasonable and necessary action to protect and preserve
property in the possession of Subrecipient but in which the State has an interest. At the State’s
request, Subrecipient shall return materials owned by the State in Subrecipient’s possession at the
time of any termination. Subrecipient shall deliver all completed Work Product and all Work
Product that was in the process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Subrecipient for accepted Work
received as of the date of termination. If, after termination by the State, the State agrees that
Subrecipient was not in breach or that Subrecipient’s action or inaction was excusable, such
termination shall be treated as a termination in the public interest, and the rights and obligations of
the Parties shall be as if this Agreement had been terminated in the public interest under §2.E.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Subrecipient shall remain liable to the State
for any damages sustained by the State in connection with any breach by Subrecipient, and the State
may withhold payment to Subrecipient for the purpose of mitigating the State’s damages until such
time as the exact amount of damages due to the State from Subrecipient is determined. The State
may withhold any amount that may be due Subrecipient as the State deems necessary to protect the
State against loss including, without limitation, loss as a result of outstanding liens and excess costs
incurred by the State in procuring from third parties replacement Work as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
a. Suspend Performance
Suspend Subrecipient’s performance with respect to all or any portion of the Work pending
corrective action as specified by the State without entitling Subrecipient to an adjustment in price
or cost or an adjustment in the performance schedule. Subrecipient shall promptly cease performing
Work and incurring costs in accordance with the State’s directive, and the State shall not be liable
for costs incurred by Subrecipient after the suspension of performance.
b. Withhold Payment
Withhold payment to Subrecipient until Subrecipient corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Subrecipient’s actions or inactions, cannot be
performed or if they were performed are reasonably of no value to the state; provided, that any
denial of payment shall be equal to the value of the obligations not performed.
d. Removal
Demand immediate removal of any of Subrecipient’s employees, agents, or Subcontractors from the
Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary
to the public interest or the State’s best interest.
e. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any Work is likely to
infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Subrecipient
shall, as approved by the State (i) secure that right to use such Work for the State and Subrecipient;
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(ii) replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing;
or, (iii) remove any infringing Work and refund the amount paid for such Work to the State.
B. Subrecipient’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach, Subrecipient,
following the notice and cure period in §11 and the dispute resolution process in §13 shall have all remedies
available at law and equity.
13. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement
which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a senior manager designated by
Subrecipient for resolution.
B. Resolution of Controversies
If the initial resolution described in §13.A fails to resolve the dispute within 10 Business Days, Subrecipient
shall submit any alleged breach of this Agreement by the State to the Procurement Official of the State
Agency named on the Cover Page of this Agreement as described in §24-101-301(30), C.R.S., for resolution
following the same resolution of controversies process as described in §§24-106-109, and 24-109-101.1
through 24-109-505, C.R.S., (collectively, the “Resolution Statutes”), except that if Subrecipient wishes to
challenge any decision rendered by the Procurement Official, Subrecipient’s challenge shall be an appeal to
the executive director of the Department of Personnel and Administration, or their delegate, in the same
manner as described in the Resolution Statutes before Subrecipient pursues any further action. Except as
otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without
limitation, time limitations regardless of whether the Colorado Procurement Code applies to this Agreement.
14. NOTICES and REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for this Agreement shall be the
principal representative of the designating Party. All notices required or permitted to be given under this
Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or
registered mail to such Party’s principal representative at the address set forth on the Cover Page for this
Agreement or (C) as an email with read receipt requested to the principal representative at the email address, if
any, set forth on the Cover Page for this Agreement. If a Party delivers a notice to another through email and the
email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party
delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to
such Party’s principal representative at the address set forth on the Cover Page for this Agreement. Either Party
may change its principal representative or principal representative contact information, or may designate specific
other individuals to receive certain types of notices in addition to or in lieu of a principal representative, by notice
submitted in accordance with this section without a formal amendment to this Agreement. Unless otherwise
provided in this Agreement, notices shall be effective upon delivery of the written notice.
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Subrecipient agrees to provide to the State a royalty-free, non-exclusive and irrevocable license to reproduce
publish or otherwise use and to authorize others to use the Work Product described herein, for the Federal
Awarding Agency’s and State’s purposes. All Work Product shall be delivered to the State by Subrecipient
upon completion or termination hereof.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, all State Records, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes, studies, data,
images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas,
concepts, know-how, and information provided by or on behalf of the State to Subrecipient are the exclusive
property of the State (collectively, “State Materials”). Subrecipient shall not use, willingly allow, cause or
permit Work Product or State Materials to be used for any purpose other than the performance of
Subrecipient’s obligations in this Agreement without the prior written consent of the State. Upon termination
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of this Agreement for any reason, Subrecipient shall provide all Work Product and State Materials to the
State in a form and manner as directed by the State.
C. Exclusive Property of Subrecipient
Subrecipient retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or
licensed to Subrecipient including, but not limited to, all pre-existing software, licensed products, associated
source code, machine code, text images, audio and/or video, and third-party materials, delivered by
Subrecipient under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable
(collectively, “Subrecipient Property”). Subrecipient Property shall be licensed to the State as set forth in this
Agreement or a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained
by the State from the applicable third-party vendor, or (iii) in the case of open source software, the license
terms set forth in the applicable open source license agreement.
16. GENERAL PROVISIONS
A. Assignment
Subrecipient’s rights and obligations under this Agreement are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such
consent shall be void. Any assignment or transfer of Subrecipient’s rights and obligations approved by the
State shall be subject to the provisions of this Agreement.
B. Subcontracts
Subrecipient shall not enter into any subaward or subcontract in connection with its obligations under this
Agreement without the prior, written approval of the State. Subrecipient shall submit to the State a copy of
each such subaward or subcontract upon request by the State. All subawards and subcontracts entered into
by Subrecipient in connection with this Agreement shall comply with all applicable federal and state laws
and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject
to all provisions of this Agreement. If the entity with whom Subrecipient enters into a subcontract or
subaward would also be considered a Subrecipient, then the subcontract or subaward entered into by
Subrecipient shall also contain provisions permitting both Subrecipient and the State to perform all
monitoring of that Subcontractor in accordance with the Uniform Guidance.
C. Binding Effect
Except as otherwise provided in §16.A, all provisions of this Agreement, including the benefits and burdens,
shall extend to and be binding upon the Parties’ respective successors and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this Agreement and the
performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections,
exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same agreement.
G. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties related to the
Work, and all prior representations and understandings related to the Work, oral or written, are merged into
this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not
have any force or effect whatsoever, unless embodied herein.
H. Digital Signatures
If any signatory signs this Agreement using a digital signature in accordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under
the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system
through which that signatory signed shall be incorporated into this Agreement by reference.
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I. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective
if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with
applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other
than Agreement amendments, shall conform to the policies issued by the Colorado State Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority
shall be interpreted to refer to such authority then current, as may have been changed or amended since the
Effective Date of this Agreement.
K. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in
any terms, conditions, or agreements appearing on Subrecipient’s or a Subcontractor’s website or any
provision incorporated into any click-through or online agreements related to the Work unless that provision
is specifically referenced in this Agreement.
L. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under this Agreement in accordance with the intent
of this Agreement.
M. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of this
Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other
Party.
N. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal
Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales
and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number
98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of
whether any political subdivision of the State imposes such taxes on Subrecipient. Subrecipient shall be solely
responsible for any exemptions from the collection of excise, sales or use taxes that Subrecipient may wish
to have in place in connection with this Agreement.
O. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §16.A, this Agreement does not and is
not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement
of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or
benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not
create any rights for such third parties.
P. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit
or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right,
power, or privilege preclude any other or further exercise of such right, power, or privilege.
Q. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and standards
required under §24-106-107, C.R.S., if any, are subject to public release through the CORA.
R. Standard and Manner of Performance
Subrecipient shall perform its obligations under this Agreement in accordance with the highest standards of
care, skill and diligence in Subrecipient’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations
i. Subrecipient shall secure, prior to the Effective Date, and maintain at all times during the term of this
Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to
perform its obligations under this Agreement, and shall ensure that all employees, agents and
Subcontractors secure and maintain at all times during the term of their employment, agency or
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Subcontractor, all license, certifications, permits and other authorizations required to perform their
obligations in relation to this Agreement.
ii. Subrecipient, if a foreign corporation or other foreign entity transacting business in the State of Colorado,
shall obtain prior to the Effective Date and maintain at all times during the term of this Agreement, at its
sole expense, a certificate of authority to transact business in the State of Colorado and designate a
registered agent in Colorado to accept service of process.
T. Federal Provisions
Subrecipient shall comply with all applicable requirements of Exhibits C and D at all times during the term
of this Agreement.
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all agreements except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee.
If this Agreement is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), C.R.S.,
then this Agreement shall not be valid until it has been approved by the State’s Chief Information Officer or
designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for
that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled
and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the
Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management
statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Subrecipient shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Subrecipient nor any agent or employee of Subrecipient shall be deemed to be an agent or employee of the
State. Subrecipient shall not have authorization, express or implied, to bind the State to any agreement,
liability or understanding, except as expressly set forth herein. Subrecipient and its employees and agents
are not entitled to unemployment insurance or workers compensation benefits through the State and
the State shall not pay for or otherwise provide such coverage for Subrecipient or any of its agents or
employees. Subrecipient shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this Agreement. Subrecipient shall (i) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by law,
(ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and
those of its employees and agents.
E. COMPLIANCE WITH LAW.
Subrecipient shall comply with all applicable federal and State laws, rules, and regulations in effect or
hereafter established, including, without limitation, laws applicable to discrimination and unfair employment
practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this
Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the
City and County of Denver.
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G. PROHIBITED TERMS.
Any term included in this Agreement that requires the State to indemnify or hold Subrecipient harmless;
requires the State to agree to binding arbitration; limits Subrecipient’s liability for damages resulting from
death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be
void ab initio. Nothing in this Agreement shall be construed as a waiver of any provision of §24-106-109,
C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Subrecipient hereby certifies and warrants that, during the term of this Agreement and any extensions,
Subrecipient has and shall maintain in place appropriate systems and controls to prevent such improper use
of public funds. If the State determines that Subrecipient is in violation of this provision, the State may
exercise any remedy available at law or in equity or under this Agreement, including, without limitation,
immediate termination of this Agreement and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507,
C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Agreement. Subrecipient has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Subrecipient’s services and Subrecipient shall not employ any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller
may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for:
(i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or
other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division
of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation
Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action.
The State may also recover, at the State’s discretion, payments made to Subrecipient in error for any reason,
including, but not limited to, overpayments or improper payments, and unexpended or excess funds received
by Subrecipient by deduction from subsequent payments under this Agreement, deduction from any payment
due under any other contracts, grants or agreements between the State and Subrecipient, or by any other
appropriate method for collecting debts owed to the State.
K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Subrecipient certifies, warrants, and agrees that it does not
knowingly employ or contract with an illegal alien who will perform work under this Agreement and will
confirm the employment eligibility of all employees who are newly hired for employment in the United States
to perform work under this Agreement, through participation in the E-Verify Program or the State verification
program established pursuant to §8-17.5-102(5)(c), C.R.S., Subrecipient shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement or enter into a contract with a
Subcontractor that fails to certify to Subrecipient that the Subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement. Subrecipient (i) shall not use E-Verify
Program or the program procedures of the Colorado Department of Labor and Employment (“Department
Program”) to undertake pre-employment screening of job applicants while this Agreement is being
performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher
education within three days if Subrecipient has actual knowledge that a Subcontractor is employing or
contracting with an illegal alien for work under this Agreement, (iii) shall terminate the subcontract if a
Subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the
notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken
pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Subrecipient
participates in the Department program, Subrecipient shall deliver to the contracting State agency, Institution
of Higher Education or political subdivision, a written, notarized affirmation, affirming that Subrecipient has
examined the legal work status of such employee, and shall comply with all of the other requirements of the
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Department program. If Subrecipient fails to comply with any requirement of this provision or §§8-17.5-101,
et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may
terminate this Agreement for breach and, if so terminated, Subrecipient shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S.
Subrecipient, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty
of perjury that Subrecipient (i) is a citizen or otherwise lawfully present in the United States pursuant to
federal law, (ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and (iii) has produced
one form of identification required by §24-76.5-103, C.R.S., prior to the Effective Date of this Agreement.
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EXHIBIT A, STATEMENT OF WORK AND BUDGET
Project Description* 2025-5311: Operating
Federal Awarding Agency Federal Transit Administration (FTA)
Federal Regional Contact Cindy Terwilliger
Year of Funding and Federal Funding Source FFY 2024 FTA-5311
CFDA Title Formula Grants for Rural Areas Program
CFDA # 20.509 FAIN** To Be Determined
Federal Award Date** To Be Determined
Project End Date December 31, 2025
Subrecipient Avon, Town of UEID # R9Q7L4C1QKK5
Contact Name Jim Shoun Vendor # 2000101
Address 100 Mikaela Way
PO Box 975
Avon, CO 81620
Phone # (970) 748-4113
Email jshoun@avon.org Indirect Rate NA
Total Project Budget $521,920.00
Budget WBS*** ALI Federal Funds Local Funds Total
Operating 24-11-4044.AVON.300 30.09.01 50% $260,960.00 50% $260,960.00 $521,920.00
Total Project Amount Encumbered via this Subaward Agreement $521,920.00
*This is not a research and development grant.
**The FAIN and/or Federal Award Date are not available at the time of execution of this Subaward Agreement.
This information will be maintained in COTRAMS, CDOT’s transit awards management system, and will be
provided to Town of Avon there once obtained.
***The WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion.
A. Project Description
Town of Avon shall use FTA-5311 funds, along with local matching funds, to maintain the existence of public
transportation services through the following goals:
1. Enhance access to health care, education, employment, public services, recreation, social
transactions, and other basic needs;
2. Assist in the maintenance, development, improvement and use of public transportation in their
Transportation Planning Region (TPR);
3. Encourage and facilitate the most efficient use of all transportation funds used to provide
passenger transportation in their TPR through the coordination of programs and services; and
4. Encourage mobility management, employment-related transportation alternatives, joint
development practices, and transit-oriented development.
This funding is provided to support the services described above for calendar year 2025 (January 1 – December 31).
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B. Performance Standards
1. Project Milestones
Milestone Description Original Estimated
Completion Date
Submit Initial Reimbursement Request in COTRAMS 2/15/2025
Submit Progress Reports to Project Manager 4/28/2025
Submit Final Reimbursement Request in COTRAMS 12/31/2025
IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement request)
must be completed no later than the expiration date of this Subaward Agreement: December 31, 2025.
2. Performance will be reviewed throughout the duration of this Subaward Agreement. Town of
Avon shall report to the CDOT Project Manager whenever one or more of the following occurs:
a. Budget or schedule changes;
b. Scheduled milestone or completion dates are not met;
c. Identification of problem areas and how the problems will be resolved; and/or
d. Expected impacts and the efforts to recover from delays.
3. Town of Avon shall report on performance using the Program Measure Report in COTRAMS:
a. Performance measures established for the FTA Section 5311 Program (Funds Expended,
Fare Revenues, Sources of Expended Funds, Service Data, and Volunteer Resources) will
be tracked and reported on by Town of Avon.
4. Performance will be reviewed based on:
a. Completion of quarterly 5311 Program Measure Reports in COTRAMS, and
b. Completion of the annual National Transit Database (NTD) Report.
5. 5311 Program Measure Reports shall be submitted in COTRAMS by Town of Avon on or before
the following due dates:
a. Quarter 1 due April 28th;
b. Quarter 2 due July 28th;
c. Quarter 3 due October 28th; and
d. Annual Report, including Quarter 4, due January 28th.
6. Town of Avon shall assist CDOT with Disadvantaged Business Enterprise (DBE) reporting to
FTA by using the biannual FTA DBE Report in COTRAMS to report:
a. Contracts awarded, payments made, and contracts completed between Town of Avon and
prime contractors; and
b. Contracts awarded, payments made, and contracts completed between Town of Avon’s
prime contractors and their subcontractors.
7. DBE Program Measure Reports shall be submitted in COTRAMS by Town of Avon on or before
the following due dates:
a. Quarter 4 – Quarter 1 (for October 1 – March 31) due April 28th; and
b. Quarter 2 – Quarter 3 (for April 1 – September 30) due October 28th.
C. Project Budget
1. The Total Project Budget is $521,920.00. CDOT will pay no more than 50% of the eligible, actual
operating costs, up to the maximum amount of $260,960.00. CDOT will retain any remaining
balance of the federal share of FTA-5311 Funds. Town of Avon shall be solely responsible for all
costs incurred in the project in excess of the amount paid by CDOT from Federal Funds for the
federal share of eligible, actual costs. For CDOT accounting purposes, the Federal Funds of
$260,960.00 (50%) for operating costs, and matching Local Funds of $260,960.00 (50%) for
operating costs, will be encumbered for this Subaward Agreement.
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2. No refund or reduction of the amount of Town of Avon’s share to be provided will be allowed
unless there is at the same time a refund or reduction of the federal share of a proportionate
amount.
3. Town of Avon may use eligible federal funds for the Local Funds share, but those funds cannot be
from other Federal Department of Transportation (DOT) programs. Town of Avon’s share,
together with the Federal Funds share, shall be enough to ensure payment of Total Project Budget.
4. Per the terms of this Subaward Agreement, CDOT will have no obligation to provide state funds
for use on this project. CDOT will administer Federal Funds for this Project under the terms of
this Subaward Agreement, provided that the federal share of FTA funds to be administered by
CDOT are made available and remain available. Town of Avon shall initiate and prosecute to
completion all actions necessary to enable Town of Avon to provide its share of the Total Project
Budget at or prior to the time that such funds are needed to meet the Total Project Budget.
D. Allowable Costs
1. Town of Avon shall agree to adhere to the provisions for allowable and unallowable costs cited in
the following regulations: 2 CFR 200.420 through 200.476; FTA C 5010.1 Chapter VI: Financial
Management; Master Agreement, Section 6 “Non-Federal Share;” and 2 CFR 200.102. Other
applicable requirements for cost allowability not cited previously shall also be considered.
2. Town of Avon’s operating expenses are those costs directly related to system operations. Town of
Avon at a minimum, should consider the following items as operating expenses: fuel, oil, drivers
and dispatcher salaries and fringe benefits, and licenses.
3. If Town of Avon elects to take administrative assistance, eligible costs may include but are not
limited to: general administrative expenses (e.g., salaries of the project director, secretary, and
bookkeeper); marketing expenses; insurance premiums or payments to a self-insurance reserve;
office supplies; facilities and equipment rental; standard overhead rates; and the costs of
administering drug and alcohol testing. Additionally, administrative costs for promoting and
coordinating ridesharing are eligible as project administration if the activity is part of a
coordinated public transportation program.
E. Reimbursement Eligibility
1. Town of Avon must submit invoice(s) monthly via COTRAMS. Reimbursement will apply only
to eligible expenses that are incurred within the period of performance of this Subaward
Agreement.
2. Reimbursement requests must be within the limits of Section D., Allowable Costs, of this
Subaward Agreement. Town of Avon will be reimbursed based on the ratio of Federal Funds share
and Local Funds share set forth in the Project Budget above.
3. Town of Avon shall submit the final request for reimbursement within sixty (60) calendar days of
December 31, 2025, and submit a Grant Closeout and Liquidation (GCL) Form in COTRAMS
within fifteen (15) days of issuance of the final reimbursement payment.
F. Training
In an effort to enhance transit safety, Town of Avon and any subrecipients and subcontractors shall make a good
faith effort to ensure that appropriate training of agency and contracted personnel is occurring and that personnel are
up to date in appropriate certifications. In particular, Town of Avon shall ensure that driving personnel are provided
professional training in defensive driving and training on the handling of mobility devices and transporting older
adults and individuals with disabilities.
G. Restrictions on Lobbying
Town of Avon is certifying that it complies with 2 CFR 200.450 by entering into this Subaward Agreement.
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H. Special Conditions
1. Town of Avon shall comply with all requirements imposed by CDOT on Town of Avon so that
the federal award is used in accordance with federal statutes, regulations, and the terms and
conditions of the federal award.
2. Town of Avon shall permit CDOT and their auditors to have access to Town of Avon’s records
and financial statements as necessary, with reasonable advance notice.
3. Town of Avon shall comply with the record retention requirements outlined in 2 CFR 200.334 and
FTA C 5010.1.
4. Town of Avon shall not request reimbursement for costs on this project from more than one
Federal Awarding Agency or other federal awards (i.e., no duplicate billing).
5. Town of Avon shall obtain prior CDOT approval, in writing, if FTA funds are intended to be used
for payment of a lease or for third-party contracts.
6. Town of Avon shall advertise its service as available to the general public and shall not explicitly
limit service by trip purpose or client type.
7. Town of Avon shall comply with FTA Drug and Alcohol Regulations, to include on time
submission to FTA’s Drug and Alcohol Management Information System (DAMIS).
8. Town of Avon shall ensure subcontractors and subrecipients (if any) comply with FTA Drug and
Alcohol Regulations.
9. Town of Avon shall ensure that it does not exclude from participation in, deny the benefits of, or
subject to discrimination any person in the United States on the ground of race, color, national
origin, sex, age or disability in accordance with Title VI of the Civil Rights Act of 1964.
10. Town of Avon shall seek to ensure non-discrimination in its programs and activities by developing
and maintaining a Title VI Program in accordance with the “Requirements for FTA Subrecipients”
in CDOT’s Title VI Program Plan and FTA Circular 4702.1, “Title VI Requirements and
Guidelines for FTA Recipients.” Town of Avon shall also facilitate FTA’s compliance with
Executive Order 12898 and DOT Order 5610.2(a) by incorporating the principles of
environmental justice in planning, project development and public outreach in accordance with
FTA Circular 4703.1 “Environmental Justice Policy Guidance for Federal Transit Administ ration
Recipients.”
11. Town of Avon shall provide transportation services to persons with disabilities in accordance with
the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq.
12. Town of Avon shall ensure that it does or will comply with the Americans with Disabilities Act,
Section 504 of the Rehabilitation Act, FTA guidance, and any other federal, state, and/or local
laws, rules and/or regulations. In any contract utilizing federal funds, land, or other federal aid,
Town of Avon shall require its subrecipients and/or contractors to provide a statement of written
assurance that they will comply with Section 504 and not discriminate on the basis of disability.
13. Town of Avon shall develop and maintain an Americans with Disabilities Act (ADA) Program in
accordance with 28 CFR Part 35, Nondiscrimination on the Basis of Disability in State and Local
Government Services, FTA Circular 4710.1, and any additional requirements established by
CDOT for FTA subrecipients.
14. Town of Avon shall agree to maintain documentation that supports compliance with the ADA and
produce said documentation to CDOT upon request.
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15. Town of Avon will adopt a Transit Asset Management Plan that complies with regulations
implementing 49 U.S.C. § 5326(d). Town of Avon shall maintain and report annually all
information required by NTD and any other financial, fleet, or service data.
16. Town of Avon shall include nondiscrimination language and the Disadvantaged Business
Enterprise (DBE) assurance in all contracts and solicitations in accordance with DBE regulations,
49 CFR part 26 and CDOT’s DBE program.
17. Town of Avon agrees that any incidental use (e.g. meal or package delivery) shall not reduce the
quality or availability of its regular public transportation service.
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EXHIBIT B, SAMPLE OPTION LETTER
State Agency
Department of Transportation
Option Letter Number
Insert the Option Number (e.g. "1" for the first
option)
Subrecipient
Insert Subrecipient's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other Contract Number of
the Original Contract
Subaward Agreement Amount
Federal Funds
Option Agreement Number
Insert CMS number or Other Contract Number of
this Option Maximum Amount (%) $0.00
Local Funds Agreement Performance Beginning Date
The later of the Effective Date or Month, Day,
Year Local Match Amount (%) $0.00
Agreement Total $0.00 Current Agreement Expiration Date
Month, Day, Year
1. OPTIONS:
A. Option to extend for an Extension Term or End of Term Extension.
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) 2.B/2.C of the Original Agreement referenced
above, the State hereby exercises its option for an additional term/end of term extension, beginning Insert
start date and ending on the current agreement expiration date shown above, at the rates stated in the
Original Agreement, as amended.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or ____, whichever is
later.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By:_______________________
Name:________________________
Title:__________________________
Date: _________________________
In accordance with §24-30-202, C.R.S., this Option
Letter is not valid until signed and dated below by
the State Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:_______________________________________
Department of Transportation
Option Letter Effective Date: __________________
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EXHIBIT C, FEDERAL PROVISIONS
1. APPLICABILITY OF PROVISIONS
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in
part, with an Award of Federal funds. In the event of a conflict between the provisions of
these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments
or exhibits incorporated into and made a part of the Grant, the provisions of these Federal
Provisions shall control.
1.2. The State of Colorado is accountable to Treasury for oversight of their subrecipients,
including ensuring their subrecipients comply with federal statutes, Award Terms and
Conditions, Treasury’s Final Rule, and reporting requirements, as applicable.
1.3. Additionally, any subrecipient that issues a subaward to another entity (2nd tier
subrecipient), must hold the 2nd tier subrecipient accountable to these provisions and
adhere to reporting requirements.
1.4. These Federal Provisions are subject to the Award as defined in §2 of these Federal
Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or
State of Colorado agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the
meanings ascribed to them below.
2.1.1. “Award” means an award of Federal financial assistance, and the Grant setting forth
the terms and conditions of that financial assistance, that a non-Federal Entity
receives or administers.
2.1.2. “Entity” means:
2.1.2.1. a Non-Federal Entity;
2.1.2.2. a foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward
to a non-Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. “Executive” means an officer, managing partner or any other employee in a
management position.
2.1.4. “Expenditure Category (EC)” means the category of eligible uses as defined by the
US Department of Treasury in “Appendix 1 of the Compliance and Reporting
Guidance, State and Local Fiscal Recovery Funds” report available at
www.treasury.gov.
2.1.5. “Federal Awarding Agency” means a Federal agency providing a Federal Award
to a Recipient as described in 2 CFR 200.1
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2.1.6. “Grant” means the Grant to which these Federal Provisions are attached.
2.1.7. “Grantee” means the party or parties identified as such in the Grant to which these
Federal Provisions are attached.
2.1.8. “Non-Federal Entity means a State, local government, Indian tribe, institution of
higher education, or nonprofit organization that carries out a Federal Award as a
Recipient or a Subrecipient.
2.1.9. “Nonprofit Organization” means any corporation, trust, association, cooperative, or
other organization, not including IHEs, that:
2.1.9.1. Is operated primarily for scientific, educational, service, charitable, or
similar purposes in the public interest;
2.1.9.2. Is not organized primarily for profit; and
2.1.9.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.10. “OMB” means the Executive Office of the President, Office of Management and
Budget.
2.1.11. “Pass-through Entity” means a non-Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.12. “Prime Recipient” means the Colorado State agency or institution of higher
education identified as the Grantor in the Grant to which these Federal Provisions
are attached.
2.1.13. “Subaward” means an award by a Prime Recipient to a Subrecipient funded in
whole or in part by a Federal Award. The terms and conditions of the Federal
Award flow down to the Subaward unless the terms and conditions of the Federal
Award specifically indicate otherwise in accordance with 2 CFR 200.101. The term
does not include payments to a Contractor or payments to an individual that is a
beneficiary of a Federal program.
2.1.14. “Subrecipient” or “Subgrantee” means a non-Federal Entity (or a Federal agency
under an Award or Subaward to a non-Federal Entity) receiving Federal funds
through a Prime Recipient to support the performance of the Federal project or
program for which the Federal funds were awarded. A Subrecipient is subject to
the terms and conditions of the Federal Award to the Prime Recipient, including
program compliance requirements. The term does not include an individual who is
a beneficiary of a federal program. For SLFRF Grants, a subrecipient
relationship continues to exist for Expenditure Category 6.1 Revenue Replacement.
2.1.15. “System for Award Management (SAM)” means the Federal repository into which
an Entity must enter the information required under the Transparency Act, which
may be found at http://www.sam.gov. “Total Compensation” means the cash and
noncash dollar value earned by an Executive during the Prime Recipient’s or
Subrecipient’s preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48
CFR 4.1403(a)) and includes the following:
2.1.15.1. Salary and bonus;
2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using the
dollar amount recognized for financial statement reporting purposes with
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respect to the fiscal year in accordance with the Statement of Financial
Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based
Payments;
2.1.15.3. Earnings for services under non-equity incentive plans, not including group
life, health, hospitalization or medical reimbursement plans that do not
discriminate in favor of Executives and are available generally to all salaried
employees;
2.1.15.4. Change in present value of defined benefit and actuarial pension plans;
2.1.15.5. Above-market earnings on deferred compensation which is not tax-
qualified;
2.1.15.6. Other compensation, if the aggregate value of all such other compensation
(e.g., severance, termination payments, value of life insurance paid on
behalf of the employee, perquisites or property) for the Executive exceeds
$10,000.
2.1.16. “Transparency Act” means the Federal Funding Accountability and Transparency
Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.17. “Uniform Guidance” means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards
to Subrecipients unless the Uniform Guidance or the terms and conditions of the
Federal Award specifically indicate otherwise.
2.1.18. “Unique Entity ID Number” means the Unique Entity ID established by the
federal government for a Grantee at https://sam.gov/content/home
3. COMPLIANCE.
3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all provisions of the Uniform Guidance, and all
applicable Federal Laws and regulations required by this Federal Award. Any revisions
to such provisions or regulations shall automatically become a part of these Federal
Provisions, without the necessity of either party executing any further instrument. The
State of Colorado, at its discretion, may provide written notification to Grantee of such
revisions, but such notice shall not be a condition precedent to the effectiveness of such
revisions.
3.2. Per US Treasury Final Award requirements, grantee programs or services must not
include terms or conditions that undermine efforts to stop COVID-19 or discourage
compliance with recommendations and CDC guidelines.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID SYSTEM (UEI)
REQUIREMENTS.
4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee
submits the final financial report required under the Award or receives final payment,
whichever is later. Grantee shall review and update SAM information at least annually.
4.2. UEI. Grantee shall provide its Unique Entity ID to its Prime Recipient, and shall update
Grantee’s information in SAM.gov at least annually.
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5. TOTAL COMPENSATION.
5.1. Grantee shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more;
and
5.1.2. In the preceding fiscal year, Grantee received:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance Awards
or Subawards subject to the Transparency Act; and
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance Awards
or Subawards subject to the Transparency Act; and
5.1.2.3. 5.1.2.3 The public does not have access to information about the
compensation of such Executives through periodic reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
6. REPORTING.
6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee
shall report data elements to SAM and to the Prime Recipient as required in this Exhibit.
No direct payment shall be made to Grantee for providing any reports required under
these Federal Provisions and the cost of producing such reports shall be included in the
Grant price. The reporting requirements in this Exhibit are based on guidance from the
OMB, and as such are subject to change at any time by OMB. Any such changes shall
be automatically incorporated into this Grant and shall become part of Grantee’s
obligations under this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR FEDERAL REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the
initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent
Award modifications result in a total Award of $30,000 or more, the Award is subject
to the reporting requirements as of the date the Award exceeds $30,000. If the initial
Award is $30,000 or more, but funding is subsequently de-obligated such that the total
award amount falls below $30,000, the Award shall continue to be subject to the
reporting requirements. If the total award is below $30,000 no reporting required; if
more than $30,000 and less than $50,000 then FFATA reporting is required; and,
$50,000 and above SLFRF reporting is required.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime
Recipient as of December 26, 2015. The standards set forth in §11 below are applicable
to audits of fiscal years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS. [INTENTIONALLY DELETED]
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9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable
regulations, provided that the procurements conform to applicable Federal law and the
standards identified in the Uniform Guidance, including without limitation, 2 CFR
200.318 through 200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the
extent consistent with law, the non-Federal entity should, to the greatest extent
practicable under a Federal award, provide a preference for the purchase, acquisition,
or use of goods, products, or materials produced in the United States (including but not
limited to iron, aluminum, steel, cement, and other manufactured products). The
requirements of this section must be included in all subawards including all
Agreements and purchase orders for work or products under this award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency
of a political subdivision of the State, its Contractors must comply with section 6002
of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
247, that contain the highest percentage of recovered materials practicable, consistent
with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal
year exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
10. ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access to
Subrecipient’s records and financial statements as necessary for Recipient to meet the
requirements of 2 CFR 200.332 (Requirements for pass-through entities), 2 CFR
200.300 (Statutory and national policy requirements) through 2 CFR 200.309 (Period
of performance), and Subpart F-Audit Requirements of the Uniform Guidance.
11. SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the
Subrecipient’s fiscal year, the Subrecipient shall procure or arrange for a single or
program-specific audit conducted for that year in accordance with the provisions of
Subpart F-Audit Requirements of the Uniform Guidance, issued pursuant to the Single
Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501.
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with
Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have
a program-specific audit conducted in accordance with 2 CFR 200.507 (Program-
specific audits). The Subrecipient may elect to have a program-specific audit if
Subrecipient expends Federal Awards under only one Federal program (excluding
research and development) and the Federal program’s statutes, regulations, or the
terms and conditions of the Federal award do not require a financial statement audit
of Prime Recipient. A program-specific audit may not be elected for research and
development unless all of the Federal Awards expended were received from
Recipient and Recipient approves in advance a program-specific audit.
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11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during
its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for
that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements),
but records shall be available for review or audit by appropriate officials of the
Federal agency, the State, and the Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or
otherwise arrange for the audit required by Subpart F of the Uniform Guidance and
ensure it is properly performed and submitted when due in accordance with the
Uniform Guidance. Subrecipient shall prepare appropriate financial statements,
including the schedule of expenditures of Federal awards in accordance with 2 CFR
200.510 (Financial statements) and provide the auditor with access to personnel,
accounts, books, records, supporting documentation, and other information as
needed for the auditor to perform the audit required by Uniform Guidance Subpart
F-Audit Requirements.
12. GRANT PROVISIONS FOR SUBRECIPIENT AGREEMENTS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime
Recipient, Grantees that are Subrecipients shall comply with the following provisions.
Subrecipients shall include all of the following applicable provisions in all
Subcontractors entered into by it pursuant to this Grant.
12.1.1. [Applicable to federally assisted construction Agreements.] Equal Employment
Opportunity. Except as otherwise provided under 41 CFR Part 60, all Agreements
that meet the definition of “federally assisted construction Agreement” in 41 CFR
Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR 60-
1.4(b), in accordance with Executive Order 11246, “Equal Employment
Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as
amended by Executive Order 11375, “Amending Executive Order 11246 Relating
to Equal Employment Opportunity,” and implementing regulations at 41 CFR part
60, Office of Federal Agreement Compliance Programs, Equal Employment
Opportunity, Department of Labor.
12.1.2. [Applicable to on-site employees working on government-funded construction,
alteration and repair projects.] Davis-Bacon Act. Davis-Bacon Act, as amended
(40 U.S.C. 3141-3148).
12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets
the definition of “funding agreement” under 37 CFR 401.2 (a) and the Prime
Recipient or Subrecipient wishes to enter into an Agreement with a small business
firm or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that “funding
agreement,” the Prime Recipient or Subrecipient must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Agreements
and Cooperative Agreements,” and any implementing regulations issued by the
Federal Awarding Agency.
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12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251-1387), as amended. Agreements and subgrants of amounts in
excess of $150,000 must contain a provision that requires the non-Federal awardees
to agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal Awarding Agency and the Regional Office of the
Environmental Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A Agreement
award (see 2 CFR 180.220) must not be made to parties listed on the government
wide exclusions in SAM, in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM
Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds
to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining
any Federal Agreement, grant or any other award covered by 31 U.S.C. 1352. Each
tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from
tier to tier up to the non-Federal award.
12.1.7. Never Contract with the Enemy (2 CFR 200.215). Federal awarding agencies and
recipients are subject to the regulations implementing “Never Contract with the
Enemy” in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered
Agreements, grants and cooperative agreements that are expected to exceed
$50,000 within the period of performance, are performed outside the United States
and its territories, and are in support of a contingency operation in which members
of the Armed Forces are actively engaged in hostilities.
12.1.8. Prohibition on certain telecommunications and video surveillance services or
equipment (2 CFR 200.216). Grantee is prohibited from obligating or expending
loan or grant funds on certain telecommunications and video surveillance services
or equipment pursuant to 2 CFR 200.216.
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12.1.9. Title VI of the Civil Rights Act. The Subgrantee, Contractor, Subcontractor,
transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964,
which prohibits recipients of federal financial assistance from excluding from a
program or activity, denying benefits of, or otherwise discriminating against a
person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
implemented by the Department of Treasury’s Title VI regulations, 31 CFR Part
22, which are herein incorporated by reference and made a part of this Agreement
(or agreement). Title VI also includes protection to persons with “Limited English
Proficiency” in any program or activity receiving federal financial assistance, 42
U.S. C. § 2000d et seq., as implemented by the Department of the Treasury’s Title
VI regulations, 31 CRF Part 22, and herein incorporated by reference and made part
of this Agreement or agreement.
13. CERTIFICATIONS.
13.1. Subrecipient Certification. Subrecipient shall sign a “State of Colorado Agreement
with Recipient of Federal Recovery Funds” Certification Form in Exhibit E and submit
to State Agency with signed grant agreement.
13.2. Unless prohibited by Federal statutes or regulations, Prime Recipient may require
Subrecipient to submit certifications and representations required by Federal statutes
or regulations on an annual basis. 2 CFR 200.208. Submission may be required more
frequently if Subrecipient fails to meet a requirement of the Federal award.
Subrecipient shall certify in writing to the State at the end of the Award that the project
or activity was completed or the level of effort was expended. 2 CFR 200.201(3). If
the required level of activity or effort was not carried out, the amount of the Award
must be adjusted.
14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a
natural person, unrelated to any business or non-profit organization he or she may own
or operate in his or her name.
14.2. A Grantee with gross income from all sources of less than $300,000 in the previous tax
year is exempt from the requirements to report Subawards and the Total Compensation
of its most highly compensated Executives.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default
under the Grant and the State of Colorado may terminate the Grant upon 30 days prior
written notice if the default remains uncured five calendar days following the
termination of the 30-day notice period. This remedy will be in addition to any other
remedy available to the State of Colorado under the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in
part as follows:
15.2.1. By the Federal Awarding Agency or Pass-through Entity, if a Non-Federal Entity
fails to comply with the terms and conditions of a Federal Award;
15.2.2. By the Federal awarding agency or Pass-through Entity, to the greatest extent
authorized by law, if an award no longer effectuates the program goals or agency
priorities;
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15.2.3. By the Federal awarding agency or Pass-through Entity with the consent of the
Non-Federal Entity, in which case the two parties must agree upon the termination
conditions, including the effective date and, in the case of partial termination, the
portion to be terminated;
15.2.4. By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass-
through Entity written notification setting forth the reasons for such termination,
the effective date, and, in the case of partial termination, the portion to be
terminated. However, if the Federal Awarding Agency or Pass-through Entity
determines in the case of partial termination that the reduced or modified portion
of the Federal Award or Subaward will not accomplish the purposes for which the
Federal Award was made, the Federal Awarding Agency or Pass-through Entity
may terminate the Federal Award in its entirety; or
15.2.5. By the Federal Awarding Agency or Pass-through Entity pursuant to termination
provisions included in the Federal Award.
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EXHIBIT D, REQUIRED FEDERAL CONTRACT/AGREEMENT CLAUSES
Section 3(l) – No Federal government obligations to third-parties by use of a disclaimer
No Federal/State Government Commitment or Liability to Third Parties. Except as the Federal Government or
CDOT expressly consents in writing, the Subrecipient agrees that:
(1) The Federal Government or CDOT does not and shall not have any commitment or liability related to the
Underlying Agreement, to any Third party Participant at any tier, or to any other person or entity that is not
a party (FTA, CDOT or the Subrecipient) to the underlying Agreement, and
(2) Notwithstanding that the Federal Government or CDOT may have concurred in or approved any Solicitation
or Third party Agreement at any tier that may affect the underlying Agreement, the Federal Government and
CDOT does not and shall not have any commitment or liability to any Third Party Participant or other entity
or person that is not a party (FTA, CDOT, or the Subrecipient) to the underlying Agreement.
Section 4(f) – Program fraud and false or fraudulent statements and related acts
False or Fraudulent Statements or Claims.
(1) Civil Fraud. The Subrecipient acknowledges and agrees that:
(a) Federal laws, regulations, and requirements apply to itself and its Agreement, including the Program
Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., and U.S. DOT regulations,
“Program Fraud Civil Remedies,” 49 CFR part 31.
(b) By executing the Agreement, the Subrecipient certifies and affirms to the Federal Government the
truthfulness and accuracy of any claim, statement, submission, certification, assurance, affirmation, or
representation that the Subrecipient provides to the Federal Government and CDOT.
(c) The Federal Government and CDOT may impose the penalties of the Program Fraud Civil Remedies
Act of 1986, as amended, and other applicable penalties if the Subrecipient presents, submits, or makes
available any false, fictitious, or fraudulent information.
(2) Criminal Fraud. The Subrecipient acknowledges that 49 U.S.C. § 5323(l)(1) authorizes the Federal
Government to impose the penalties under 18 U.S.C. § 1001 if the Subrecipient provides a false, fictitious,
or fraudulent claim, statement, submission, certification, assurance, or representation in connection with a
federal public transportation program under 49 U.S.C. chapter 53 or any other applicable federal law.
Section 9. Record Retention and Access to Sites of Performance.
(a) Types of Records. The Subrecipient agrees that it will retain, and will require its Third party Participants to retain,
complete and readily accessible records related in whole or in part to the underlying Agreement, including, but
not limited to, data, documents, reports, statistics, subagreements, leases, third party contracts, arrangements,
other third party agreements of any type, and supporting materials related to those records.
(b). Retention Period. The Subrecipient agrees to comply with the record retention requirements in the applicable U.S.
OT Common Rule. Records pertaining to its Award, the accompanying underlyingAgreement, and any
Amendments thereto must be retained from the day the underlying Agreement was signed by the authorized FTA
(or State) official through the course of the Award, the accompanying Agreement, and any Amendments thereto
until three years after the Subrecipient has submitted its last or final expenditure report, and other pending matters
are closed.
(c) Access to Recipient and Third party Participant Records. The Subrecipient agrees and assures that each
Subrecipient, if any, will agree to:
(1) Provide, and require its Third Party Participants at each tier to provide, sufficient access to inspect and audit
records and information related to its Award, the accompanying Agreement, and any Amendments thereto to
the U.S. Secretary of Transportation or the Secretary’s duly authorized representatives, to the Comptroller
General of the United States, and the Comptroller General’s duly authorized representatives, and to the
Subrecipient and each of its Subrecipients,
(2) Permit those individuals listed above to inspect all work and materials related to its Award, and to audit any
information related to its Award under the control of the Subrecipient or Third party Participant within books,
records, accounts, or other locations, and
(3) Otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements as set forth in the
applicable U.S. DOT Common Rules.
(d) Access to the Sites of Performance. The Subrecipient agrees to permit, and to require its Third party Participants
to permit, FTA and CDOT to have access to the sites of performance of its Award, the accompanying Agreement,
and any Amendments thereto, and to make site visits as needed in compliance with State and the U.S. DOT
Common Rules.
(e) Closeout. Closeout of the Award does not alter the record retention or access requirements of this section of the
Master Agreement.
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3(G) – Federal Changes
Application of Federal, State, and Local Laws, Regulations, Requirements, and Guidance.
The Subrecipient agrees to comply with all applicable federal requirements and federal guidance. All standards
or limits are minimum requirements when those standards or limits are included in the Recipient’s Agreement or
this Master Agreement. At the time the FTA Authorized Official (or CDOT) awards federal assistance to the
Subrecipient in support of the Agreement, the federal requirements and guidance that apply then may be modified
from time to time and will apply to the Subrecipient or the accompanying Agreement, except as FTA determines
otherwise in writing.
12 – Civil Rights
(c) Nondiscrimination – Title VI of the Civil Rights Act. The Subrecipient agrees to, and assures that each Third
party Participant, will:
(1) Prohibit discrimination on the basis of race, color, or national origin,
(2) Comply with:
(i) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq.;
(ii) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 CFR part 21; and
(iii) Federal transit law, specifically 49 U.S.C. § 5332; and
(3) Follow:
(i) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal
Transit Administration Recipients,” to the extent consistent with applicable federal laws,
regulations, requirements, and guidance;
(ii) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 CFR § 50.3;
and
(iii) All other applicable federal guidance that may be issued.
(d) Equal Employment Opportunity.
(1) Federal Requirements and Guidance. The Subrecipient agrees to, and assures that each Third Party
Participant will prohibit discrimination on the basis of race, color, religion, sex, sexual orientation,
gender identity, or national origin, and:
(i) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.;
(ii) Comply with Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§
12101, et seq.;
(iii) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity”
September 24, 1965 (42 U.S.C. § 2000e note), as amended by any later Executive Order that amends
or supersedes it in part and is applicable to federal assistance programs;
(iv) Comply with federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of the
Master Agreement;
(v) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines for
Federal Transit Administration Recipients;” and
(vi) Follow other federal guidance pertaining to EEO laws, regulations, and requirements.
(2). Specifics. The Subrecipient agrees to, and assures that each Third Party Participant will:
(i) Affirmative Action. Take affirmative action that includes, but is not limited to:
(A) Recruitment advertising, recruitment, and employment;
(B) Rates of pay and other forms of compensation;
(C) Selection for training, including apprenticeship, and upgrading; and
(D) Transfers, demotions, layoffs, and terminations; but
(ii) Indian Tribe. Recognize that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian
Tribes under the definition of “Employer,” and
(3) Equal Employment Opportunity Requirements for Construction Activities. Comply, when undertaking
“construction” as recognized by the U.S. Department of Labor (U.S. DOL), with:
(i) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equa l Employment
Opportunity, Department of Labor,” 41 CFR chapter 60; and
(ii) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September
24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or
supersedes it, referenced in 42 U.S.C. § 2000e note.
(h) Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following federal
prohibitions against discrimination on the basis of disability:
(1) Federal laws, including:
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(i) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits
discrimination on the basis of disability in the administration of federally assisted Programs,
Projects, or activities;
(ii) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which
requires that accessible facilities and services be made available to individuals with disabilities:
(A) For FTA Recipients generally, Titles I, II, and III of the ADA apply; but
(B) For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply
because it exempts Indian Tribes from the definition of “employer;”
(iii) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that
buildings and public accommodations be accessible to individuals with disabilities;
(iv) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited
basis for discrimination; and
(v) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or
individuals with disabilities.
(2) Federal regulations and guidance, including:
(i) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR
part 37;
(ii) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance,” 49 CFR part 27;
(iii) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S.
DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles,” 36 CFR part 1192 and 49 CFR part 38;
(iv) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49
CFR part 39;
(v) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local
Government Services,” 28 CFR part 35;
(vi) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations
and in Commercial Facilities,” 28 CFR part 36;
(vii) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with
Disabilities Act,” 29 CFR part 1630;
(viii) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and
Related Customer Premises Equipment for Persons with Disabilities,” 47 CFR part 64, Subpart F;
(ix) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36
CFR part 1194;
(x) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR part 609;
(x) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance;” and
(xi) Other applicable federal civil rights and nondiscrimination regulations and guidance.
Incorporation of FTA Terms – 16.a.
(a) Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees:
(1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations,
and requirements in effect now or later that affect its third party procurements;
(2) To comply with the applicable U.S. DOT Common Rules; and
(3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contr acting
Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and
guidance.
Energy Conservation – 26.j
(a) Energy Conservation. The Subrecipient agrees to, and assures that its Subrecipients, will comply with the
mandatory energy standards and policies of its state energy conservation plans under the Energy Policy and
Conservation Act, as amended, 42 U.S.C. § 6321 et seq., and perform an energy assessment for any building
constructed, reconstructed, or modified with federal assistance required under FTA regulations,
“Requirements for Energy Assessments,” 49 CFR part 622, subpart C.
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Applicable to Awards exceeding $10,000
Section 11. Right of the Federal Government to Terminate.
(a) Justification. After providing written notice to the Subrecipient, the Subrecipient agrees that the Federal
Government may suspend, suspend then terminate, or terminate all or any part of the federal assistance for the
Award if:
(1) The Subrecipient has failed to make reasonable progress implementing the Award;
(2) The Federal Government determines that continuing to provide federal assistance to support the Award does
not adequately serve the purposes of the law authorizing the Award; or
(3) The Subrecipient has violated the terms of the Agreement, especially if that violation would endanger
substantial performance of the Agreement.
(b) Financial Implications. In general, termination of federal assistance for the Award will not invalidate obligations
properly incurred before the termination date to the extent that the obligations cannot be canceled. The Federal
Government may recover the federal assistance it has provided for the Award, including the federal assistance for
obligations properly incurred before the termination date, if it determines that the Subrecipient has misused its
federal assistance by failing to make adequate progress, failing to make appropriate use of the Project property,
or failing to comply with the Agreement, and require the Subrecipient to refund the entire amount or a lesser
amount, as the Federal Government may determine including obligations properly incurred before the termination
date.
(c) Expiration of the Period of Performance. Except for a Full Funding Grant Agreement, expiration of any period of
performance established for the Award does not, by itself, constitute an expiration or termination of the Award;
FTA may extend the period of performance to assure that each Formula Project or related activities and each
Project or related activities funded with “no year” funds can receive FTA assistance to the extent FTA deems
appropriate.
Applicable to Awards exceeding $25,000
From Section 4. Ethics.
(a) Debarment and Suspension. The Subrecipient agrees to the following:
(1) It will comply with the following requirements of 2 CFR part 180, subpart C, as adopted and
supplemented by U.S. DOT regulations at 2 CFR part 1200.
(2) It will not enter into any “covered transaction” (as that phrase is defined at 2 CFR §§ 180.220 and
1200.220) with any Third Party Participant that is, or whose principal is, suspended, debarred, or
otherwise excluded from participating in covered transactions, except as authorized by-
(i) U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200;
(ii) U.S. OMB regulatory guidance, “Guidelines to Agencies on Government-wide Debarment and
Suspension (Nonprocurement),” 2 CFR part 180; and
(iii) Other applicable federal laws, regulations, or requirements regarding participation with debarred or
suspended Subrecipients or Third Party Participants.
(3) It will review the U.S. GSA “System for Award Management – Lists of Parties Excluded from Federal
Procurement and Nonprocurement Programs,” if required by U.S. DOT regulations, 2 CFR part 1200.
(4) It will that its Third Party Agreements contain provisions necessary to flow down these suspension and
debarment provisions to all lower tier covered transactions.
(5) If the Subrecipient suspends, debars, or takes any similar action against a Third Party Participant or
individual, the Subrecipient will provide immediate written notice to the:
(i) FTA Regional Counsel for the Region in which the Subrecipient is located or implements the
underlying Agreement,
(ii) FTA Headquarters Manager that administers the Grant or Cooperative Agreement, or
(iii) FTA Chief Counsel.
Applicable to Awards exceeding the simplified acquisition threshold ($100,000-see Note)
Note: Applicable when tangible property or construction will be acquired
Section 15. Preference for United States Products and Services.
Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to comply with FTA’s
U.S. domestic preference requirements and follow federal guidance, including:
Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA regulations,
“Buy America Requirements,” 49 CFR part 661, to the extent consistent with 49 U.S.C. § 5323(j).
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Section 39. Disputes, Breaches, Defaults, and Litigation.
(a) FTA Interest. FTA has a vested interest in the settlement of any violation of federal law, regulation, or
disagreement involving the Award, the accompanying underlying Agreement, and any Amendments thereto
including, but not limited to, a default, breach, major dispute, or litigation, and FTA reserves the right to
concur in any settlement or compromise.
(b) Notification to FTA; Flow Down Requirement. If a current or prospective legal matter that may affect the
Federal Government emerges, the Subrecipient must promptly notify the FTA Chief Counseland FTA
Regional Counsel for the Region in which the Subrecipient is located. The Subrecipient must include a similar
notification requirement in its Third Party Agreements and must require each Third Party Participant to
include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered
transaction” according to 2 C.F.R. §§ 180.220 and 1200.220.
(1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach,
default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in
any forum for any reason.
(2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s
interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the
Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
(3) Additional Notice to U.S. DOT Inspector General. The Subrecipient must promptly notify the U.S. DOT
Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which
the Subrecipient is located, if the Subrecipient has knowledge of potential fraud, waste, or abuse
occurring on a Project receiving assistance from FTA. The notification provision applies if a person has
or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may
have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of
interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct
involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement
or another agreement between the Subrecipient and FTA, or an agreement involving a principal, officer,
employee, agent, or Third Party Participant of the Subrecipient. It also applies to subcontractors at any
tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or
civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal
indictment or civil complaint, or probable cause that could support a criminal indictment, or any other
credible information in the possession of the Subrecipient. In this paragraph, “promptly” means to refer
information without delay and without change. This notification provision applies to all divisions of the
Subrecipient, including divisions tasked with law enforcement or investigatory functions.
(c) Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of any
proceeds recovered from any third party, based on the percentage of the federal share for the Agreement.
Notwithstanding the preceding sentence, the Subrecipient may return all liquidated damages it receives to its
Award Budget for its Agreement rather than return the federal share of those liquidated damages to the
Federal Government, provided that the Subrecipient receives FTA’s prior written concurrence.
(d) Enforcement. The Subrecipient must pursue its legal rights and remedies available under any third party
agreement, or any federal, state, or local law or regulation.
Applicable to Awards exceeding $100,000 by Statute
From Section 4. Ethics.
a. Lobbying Restrictions. The Subrecipient agrees that neither it nor any Third Party Participant will use federal
assistance to influence any officer or employee of a federal agency, member of Congress or an employee of a
member of Congress, or officer or employee of Congress on matters that involve the underlying Agreement,
including any extension or modification, according to the following:
(1) Laws, Regulations, Requirements, and Guidance. This includes:
(i) The Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended;
(ii) U.S. DOT regulations, “New Restrictions on Lobbying,” 49 CFR part 20, to the extent consistent with
31 U.S.C. § 1352, as amended; and
(iii) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use of federal
assistance for any activity concerning legislation or appropriations designed to influence the U.S.
Congress or a state legislature; and
(2) Exception. If permitted by applicable federal law, regulations, requirements, or guidance, such lobbying
activities described above may be undertaken through the Subrecipient’s or Subrecipient’s proper official
channels.
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Section 26. Environmental Protections – Clean Air and Clean Water
(d) Other Environmental Federal Laws. The Subrecipient agrees to comply or facilitate compliance, and assures
that its Third Party Participants will comply or facilitate compliance, with all applicable federal laws,
regulations, and requirements, and will follow applicable guidance, including, but not limited to, the Clean
Air Act, Clean Water Act, Wild and Scenic Rivers Act of 1968, Coastal Zone Management Act of 1972, the
Endangered Species Act of 1973, Magnuson Stevens Fishery Conservation and Management Act, Resource
Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and Liability Act,
Executive Order No. 11990 relating to “Protection of Wetlands,” and Executive Order No. 11988, as
amended, “Floodplain Management.”
Applicable with the Transfer of Property or Persons
Section 15. Preference for United States Products and Services.
Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to comply with FTA’s
U.S. domestic preference requirements and follow federal guidance, including:
(a) Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA
regulations, “Buy America Requirements,” 49 CFR part 661, to the extent consistent with 49 U.S.C. §
5323(j);
(c) Cargo Preference. Preference – Use of United States-Flag Vessels. The shipping requirements of 46 U.S.C.
§ 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR
part 381; and
(d) Fly America. The air transportation requirements of Section 5 of the International Air Transportation Fair
Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and U.S. General Services
Administration (U.S. GSA) regulations, “Use of United States Flag Air Carriers,” 41 CFR §§ 301-10.131 –
301-10.143.
Applicable to Construction Activities
Section 24. Employee Protections.
a. Awards Involving Construction. The Subrecipient agrees to comply and assures that each Third Party Participant
will comply with all federal laws, regulations, and requirements providing protections for construction employees
involved in each Project or related activities with federal assistance provided through the underlying Agreement,
including the:
(1) Prevailing Wage Requirements of:
(i) Federal transit laws, specifically 49 U.S.C. § 5333(a), (FTA’s “Davis -Bacon Related Act”);
(ii) The Davis-Bacon Act, 40 U.S.C. §§ 3141 – 3144, 3146, and 3147; and
(iii) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part 5.
(2) Wage and Hour Requirements of:
(i) Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and
other relevant parts of that Act, 40 U.S.C. § 3701 et seq.; and
(ii) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part 5.
(3) “Anti-Kickback” Prohibitions of:
(i) Section 1 of the Copeland “Anti-Kickback” Act, as amended, 18 U.S.C. § 874;
(ii) Section 2 of the Copeland “Anti-Kickback” Act, as amended, 40 U.S.C. § 3145; and
(iii) U.S. DOL regulations, “Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States,” 29 CFR part 3.
(4) Construction Site Safety of:
(i) Section 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3704, and
other relevant parts of that Act, 40 U.S.C. § 3701 et seq.; and
(ii) U.S. DOL regulations, “Recording and Reporting Occupational Injuries and Illnesses,” 29 CFR part
1904; “Occupational Safety and Health Standards,” 29 CFR part 1910; and “Safety and Health
Regulations for Construction,” 29 CFR part 1926.
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From Section 16
(n) Bonding. The Subrecipient agrees to comply with the following bonding requirements and restrictions as provided
in federal regulations and guidance:
(1) Construction. As provided in federal regulations and modified by FTA guidance, for each Project or related
activities implementing the Agreement that involve construction, it will provide bid guarantee bonds, contract
performance bonds, and payment bonds.
(2) Activities Not Involving Construction. For each Project or related activities implementing the Agreement not
involving construction, the Subrecipient will not impose excessive bonding and will follow FTA guidance.
From Section 23
(b) Seismic Safety. The Subrecipient agrees to comply with the Earthquake Hazards Reduction Act of 1977, as
amended, 42 U.S.C. § 7701 et seq., and U.S. DOT regulations, “Seismic Safety,” 49 CFR part 41, specifically,
49 CFR § 41.117.
Section 12 Civil Rights D(3)
Equal Employment Opportunity Requirements for Construction Activities. Comply, when undertaking
“construction” as recognized by the U.S. Department of Labor (U.S. DOL), with:
(i.) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor,” 41 CFR chapter 60, and
(ii) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965,
42 U.S.C. § 2000e note (30 Fed. Reg. 12319, 12935), as amended by any later Executive Order that amends
or supersedes it, referenced in 42 U.S.C. § 2000e note.
Applicable to Nonconstruction Activities
From Section 24. Employee Protections
(b) Awards Not Involving Construction. The Subrecipient agrees to comply and assures that each Third Party
Participant will comply with all federal laws, regulations, and requirements providing wage and hour protections
for nonconstruction employees, including Section 102 of the Contract Work Hours and Safety Standards Act, as
amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL
regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract
Work Hours and Safety Standards Act),” 29 CFR part 5.
Applicable to Transit Operations
a. Public Transportation Employee Protective Arrangements. As a condition of award of federal assistance
appropriated or made available for FTA programs involving public transportation operations, the Subrecipient
agrees to comply and assures that each Third Party Participant will comply with the following employee protective
arrangements of 49 U.S.C. § 5333(b):
(1) U.S. DOL Certification. When its Awarded, the accompanying Agreement, or any Amendments thereto
involve public transportation operations and are supported with federal assistance appropriated or made
available for 49 U.S.C. §§ 5307 – 5312, 5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, 5338(b),
or 5339, or former 49 U.S.C. §§ 5308, 5309, 5312, or other provisions of law as required by the Federal
Government, U.S. DOL must provide a certification of employee protective arrangements before FTA
may provide federal assistance for that Award. The Subrecipient agrees that the certification issued by
U.S. DOL is a condition of the underlying Agreement and that the Subrecipient must comply with its
terms and conditions.
(2) Special Warranty. When its Agreement involves public transportation operations and is supported with
federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special
Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The
Subrecipient agrees that its U.S. DOL Special Warranty is a condition of the underlying Agreement and
the Subrecipient must comply with its terms and conditions.
(3) Special Arrangements for Agreements for Federal Assistance Authorized under 49 U.S.C. § 5310. The
Subrecipient agrees, and assures that any Third Party Participant providing public transportation
operations will agree, that although pursuant to 49 U.S.C. § 5310, and former 49 U.S.C. §§ 5310 or 5317,
FTA has determined that it was not “necessary or appropriate” to apply the conditions of 49 U.S.C. §
5333(b) to any Subagreement participating in the program to provide public transportation for seniors
(elderly individuals) and individuals with disabilities, FTA reserves the right to make case-by- case
determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under
title 23, United States Code (flex funds), and make other exceptions as it deems appropriate.
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Section 28. Charter Service.
(a) Prohibitions. The Recipient agrees that neither it nor any Third Party Participant involved in the Award will
engage in charter service, except as permitted under federal transit laws, specifically 49 U.S.C. § 5323(d), (g),
and (r), FTA regulations, “Charter Service,” 49 CFR part 604, any other Federal Charter Service regulations,
federal requirements, or federal guidance.
(b) Exceptions. Apart from exceptions to the Charter Service restrictions in FTA’s Charter Service regulations, FTA
has established the following additional exceptions to those restrictions:
(1) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with federal assistance
appropriated or made available for 49 U.S.C. § 5307 to support a Job Access and Reverse Commute (JARC)-
type Project or related activities that would have been eligible for assistance under repealed 49 U.S.C. § 5316
in effect in Fiscal Year 2012 or a previous fiscal year, provided that the Subrecipient uses that federal
assistance for FTA program purposes only, and
(2) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with the federal
assistance appropriated or made available for 49 U.S.C. § 5310 to support a New Freedom-type Project or
related activities that would have been eligible for federal assistance under repealed 49 U.S.C. § 5317 in
effect in Fiscal Year 2012 or a previous fiscal year, provided the Subrecipient uses that federal assistance for
program purposes only.
(c) Violations. If it or any Third Party Participant engages in a pattern of violations of FTA’s Charter Service
regulations, FTA may require corrective measures and remedies, including withholding an amount of federal
assistance as provided in FTA’s Charter Service regulations, 49 CFR part 604, appendix D, or barring it or the
Third Party Participant from receiving federal assistance provided in 49 U.S.C. chapter 53, 23 U.S.C. § 133, or
23 U.S.C. § 142.
Section 29. School Bus Operations.
(a) Prohibitions. The Subrecipient agrees that neither it nor any Third Party Participant that is participating in its
Award will engage in school bus operations exclusively for the transportation of students or school personnel in
competition with private school bus operators, except as permitted by federal transit laws, 49 U.S.C. § 5323(f) or
(g), FTA regulations, “School Bus Operations,” 49 CFR part 605, and any other applicable federal “School Bus
Operations” laws, regulations, federal requirements, or applicable federal guidance.
(b) Violations. If a Subrecipient or any Third Party Participant has operated school bus service in violation of FTA’s
School Bus laws, regulations, or requirements, FTA may require the Subrecipient or Third Party Participant to
take such remedial measures as FTA considers appropriate, or bar the Subrecipient or Third Party Participant
from receiving federal transit assistance.
From Section 35 Substance Abuse
c. Alcohol Misuse and Prohibited Drug Use.
(1) Requirements. The Subrecipient agrees to comply and assures that its Third Party Participants will comply
with:
(i) Federal transit laws, specifically 49 U.S.C. § 5331;
(ii) FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49
CFR part 655; and
(iii) Applicable provisions of U.S. DOT regulations, “Procedures for Transportation Workplace Drug and
Alcohol Testing Programs,” 49 CFR part 40.
(2) Remedies for Non-Compliance. The Subrecipient agrees that if FTA determines that the Subrecipient or a
Third Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49
CFR part 655, the Federal Transit Administrator may bar that Subrecipient or Third Party Participant from
receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive.
Applicable to Planning, Research, Development, and Documentation Projects
Section 17. Patent Rights.
a. General. The Subrecipient agrees that:
(1) Depending on the nature of the Agreement, the Federal Government may acquire patent rights when the
Subrecipient or Third Party Participant produces a patented or patentable invention, improvement, or
discovery;
(2) The Federal Government’s rights arise when the patent or patentable information is conceived or reduced to
practice with federal assistance provided through the underlying Agreement; or
(3) When a patent is issued or patented information becomes available as described in the preceding section
17(a)(2) of this Master Agreement, the Subrecipient will notify FTA immediately and provide a detailed
report satisfactory to FTA.
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b. Federal Rights. The Subrecipient agrees that:
(1) Its rights and responsibilities, and each Third Party Participant’s rights and responsibilities, in that federally
assisted invention, improvement, or discovery will be determined as provided in applicable federal laws,
regulations, requirements, and guidance, including any waiver thereof, and
(2) Unless the Federal Government determines otherwise in writing, irrespective of its status or the status of any
Third Party Participant as a large business, small business, state government, state instrumentality, local
government, Indian tribe, nonprofit organization, institution of higher education, or individual, the
Subrecipient will transmit the Federal Government’s patent rights to FTA, as specified in 35 U.S.C. § 200 et
seq., and U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 CFR part
401.
c. License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient agrees
that license fees and royalties for patents, patent applications, and inventions produced with federal assistance
provided through the Agreement are program income and must be used in compliance with applicable federal
requirements.
Section 18. Rights in Data and Copyrights.
(a) Definition of “Subject Data.” As used in this section, “subject data” means recorded information whether or not
copyrighted, and that is delivered or specified to be delivered as required by the Agreement. Examples of “subject
data” include, but are not limited to computer software, standards, specifications, engineering drawings and
associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information,
but do not include financial reports, cost analyses, or other similar information used for performance or
administration of the underlying Agreement.
(b) General Federal Restrictions. The following restrictions apply to all subject data first produced in the
performance of the Agreement:
(1) Prohibitions. The Subrecipient may not publish or reproduce any subject data, in whole, in part, or in any
manner or form, or permit others to do so.
(2) Exceptions. The prohibitions do not apply to publications or reproductions for the Subrecipient’s own internal
use, an institution of higher learning, the portion of subject data that the Federal Government has previously
released or approved for release to the public, or the portion of data that has the Federal Government’s prior
written consent for release.
(c) Federal Rights in Data and Copyrights. The Subrecipient agrees that:
(1) General. It must provide a license to its “subject data” to the Federal Government that is royalty-free, non-
exclusive, and irrevocable. The Federal Government’s license must permit the Federal Government to
reproduce, publish, or otherwise use the subject data or permit other entities or individuals to use the subject
data provided those actions are taken for Federal Government purposes, and
(2) U.S. DOT Public Access Plan – Copyright License. The Subrecipient grants to U.S. DOT a worldwide, non-
exclusive, non-transferable, paid-up, royalty-free copyright license, including all rights under copyright, to
any and all Publications and Digital Data Sets as such terms are defined in the U.S. DOT Public Access plan,
resulting from scientific research funded either fully or partially by this funding agreement. The Subrecipient
herein acknowledges that the above copyright license grant is first in time to any and all other grants of a
copyright license to such Publications and/or Digital Data Sets, and that U.S. DOT shall have priority over
any other claim of exclusive copyright to the same.
(d) Special Federal Rights in Data for Research, Development, Demonstration, Deployment, Technical Assistance,
and Special Studies Programs. In general, FTA’s purpose in providing federal assistance for a research,
development, demonstration, deployment, technical assistance, or special studies program is to increase
transportation knowledge, rather than limit the benefits of the Award to the Subrecipient and its Third Party
Participants. Therefore, the Subrecipient agrees that:
(1) Publicly Available Report. When an Award providing federal assistance for any of the programs described
above is completed, it must provide a report of the Agreement that FTA may publish or make available for
publication on the Internet.
(2) Other Reports. It must provide other reports related to the Award that FTA may request.
(3) Availability of Subject Data. FTA may make available its copyright license to the subject data, and a copy of
the subject data to any FTA Recipient or any Third Party Participant at any tier, except as the Federal
Government determines otherwise in writing.
(4) Identification of Information. It must identify clearly any specific confidential, privileged, or proprietary
information submitted to FTA.
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(5) Incomplete. If the Award is not completed for any reason whatsoever, all data developed with federal
assistance for the Award becomes “subject data” and must be delivered as the Federal Government may
direct.
(6) Exception. This section does not apply to an adaptation of any automatic data processing equipment or
program that is both for the Subrecipient’s use and acquired with FTA capital program assistance.
(e) License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient agrees
that license fees and royalties for patents, patent applications, and inventions produced with federal assistance
provided through the Agreement are program income and must be used in compliance with federal applicable
requirements.
(f) Hold Harmless. Upon request by the Federal Government, the Subrecipient agrees that if it intentionally violates
any proprietary rights, copyrights, or right of privacy, and if its violation under the preceding section occurs from
any of the publication, translation, reproduction, delivery, use or disposition of subject data, then it will indemnify,
save, and hold harmless against any liability, including costs and expenses of the Federal Government’s officers,
employees, and agents acting within the scope of their official duties. The Subrecipient will not be required to
indemnify the Federal Government for any liability described in the preceding sentence, if the violation is caused
by the wrongful acts of federal officers, employees or agents, or if indemnification is prohibited or limited by
applicable state law.
(g) Restrictions on Access to Patent Rights. Nothing in this section of this Master Agreement (FTA MA(23))
pertaining to rights in data either implies a license to the Federal Government under any patent, or may be
construed to affect the scope of any license or other right otherwise granted to the Federal Government under any
patent.
(h) Data Developed Without Federal Assistance or Support. The Subrecipient agrees that in certain circumstances it
may need to provide to FTA data developed without any federal assistance or support. Nevertheless, this section
generally does not apply to data developed without federal assistance, even though that data may have been used
in connection with the Award. The Subrecipient agrees that the Federal Government will not be able to protect
data developed without federal assistance from unauthorized disclosure unless that data is clearly marked
“Proprietary,” or “Confidential.”
(i) Requirements to Release Data. The Subrecipient understands and agrees that the Federal Government may be
required to release data and information the Subrecipient submits to the Federal Government as required under:
(1). The Freedom of Information Act (FOIA), 5 U.S.C. § 552,
(2) The U.S. DOT Common Rules,
(3) U.S. DOT Public Access Plan, which provides that the Subrecipient agrees to satisfy the reporting and
compliance requirements as set forth in the U.S. DOT Public Access plan, including, but not limited to, the
submission and approval of a Data Management Plan, the use of Open Researcher and Contributor ID
(ORCID) numbers, the creation and maintenance of a Research Project record in the Transportation Research
Board’s (TRB) Research in Progress (RiP) database, and the timely and complete submission of all required
publications and associated digital data sets as such terms are defined in the DOT Public Access plan.
Additional information about how to comply with the requirements can be found at:
http://ntl.bts.gov/publicaccess/howtocomply.html, or
(4) Other federal laws, regulations, requirements, and guidance concerning access to records pertaining to the
Award, the accompanying Agreement, and any Amendments thereto.
Miscellaneous Special Requirements
From Section 12. Civil Rights.
(e) Disadvantaged Business Enterprise. To the extent authorized by applicable federal laws, regulations, or
requirements, the Subrecipient agrees to facilitate, and assures that each Third Party Participant will facilitate,
participation by small business concerns owned and controlled by socially and economically disadvantaged
individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs), in the Agreement as follows:
(1) Statutory and Regulatory Requirements. The Subrecipient agrees to comply with:
(i) Section 11101(e) of IIJA;
(ii) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs,” 49 CFR part 26; and
(iii) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement.
(2) DBE Program Requirements. A Subrecipient that receives planning, capital and/or operating assistance and
that will award prime third party contracts exceeding $250,000 the requirements of 49 CFR part 26.
(3) Special Requirements for a Transit Vehicle Manufacturer (TVM). The Subrecipient agrees that:
(i) TVM Certification. Each TVM, as a condition of being authorized to bid or propose on FTA-assisted
transit vehicle procurements, must certify that it has complied with the requirements of 49 CFR part 26;
and
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(ii) Reporting TVM Awards. Within 30 days of any third party contract award for a vehicle purchase, the
Subrecipient must submit to FTA the name of the TVM contractor and the total dollar value of the third
party contract, and notify FTA that this information has been attached to FTA’s electronic award
management system. The Subrecipient must also submit additional notifications if options are exercised
in subsequent years to ensure that the TVM is still in good standing.
(4) Assurance. As required by 49 CFR § 26.13(a):
(i) Recipient Assurance. The Subrecipient agrees and assures that:
(A) It must not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any FTA or U.S. DOT-assisted contract, or in the administration of its DBE program
or the requirements of 49 CFR part 26;
(B) It must take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination
in the award and administration of U.S. DOT-assisted contracts;
(C) Its DBE program, as required under 49 CFR part 26 and as approved by U.S. DOT, is incorporated
by reference and made part of the Underlying Agreement; and
(D) Implementation of its DBE program approved by U.S. DOT is a legal obligation and failure to carry
out its terms shall be treated as a violation of this Master Agreement.
(ii) Subrecipient/Third Party Contractor/Third Party Subcontractor Assurance . The Subrecipient agrees and
assures that it will include the following assurance in each subagreement and third party contract it signs
with a Subrecipient or Third Party Contractor and agrees to obtain the agreement of each of its
Subrecipients, Third Party Contractors, and Third Party Subcontractors to include the following
assurance in every subagreement and third party contract it signs:
(A) The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must not
discriminate on the basis of race, color, national origin, or sex in the award and performance of any
FTA or U.S. DOT-assisted subagreement, third party contract, and third party subcontract, as
applicable, and the administration of its DBE program or the requirements of 49 CFR part 26;
(B) The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must take all
necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and
administration of U.S. DOT-assisted subagreements, third party contracts, and third party
subcontracts, as applicable;
(C) Failure by the Subrecipient and any of its Third Party Contractors or Third Party Subcontractors to
carry out the requirements of subparagraph 12.e(4)(b) (of FTA MA(23)) is a material breach of their
subagreement, third party contract, or third party subcontract, as applicable; and
(D) The following remedies, or such other remedy as the Subrecipient deems appropriate, include, but
are not limited to, withholding monthly progress payments; assessing sanctions; liquidated damages;
and/or disqualifying the Subrecipient, Third Party Contractor, or Third Party Subcontractor from
future bidding as non-responsible.
(5) Remedies. Upon notification to the Subrecipient of its failure to carry out its approved program, FTA or U.S.
DOT may impose sanctions as provided for under 49 CFR part 26, and, in appropriate cases, refer the matter
for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil Remedies Act of
1986, 31 U.S.C. § 3801 et seq.
From Section 12. Civil Rights.
(h) Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following federal
prohibitions against discrimination on the basis of disability:
(1) Federal laws, including:
(i) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits
discrimination on the basis of disability in the administration of federally assisted Programs,
Projects, or activities;
(ii) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which
requires that accessible facilities and services be made available to individuals with disabilities:
(A) For FTA Recipients generally, Titles I, II, and III of the ADA apply,;but
(B) For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply
because it exempts Indian Tribes from the definition of “employer;”
(iii) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that
buildings and public accommodations be accessible to individuals with disabilities;
(iv) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited
basis for discrimination; and
(v) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or
individuals with disabilities.
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(2) Federal regulations and guidance, including:
(i) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR
part 37;
(ii) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance,” 49 CFR part 27;
(iii) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S.
DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles,” 36 CFR part 1192 and 49 CFR part 38;
(iv) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49
CFR part 39;
(v) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government
Services,” 28 CFR part 35;
(vi) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations
and in Commercial Facilities,” 28 CFR part 36;
(vii) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with
Disabilities Act,” 29 CFR part 1630;
(viii) U.S. Federal Communications Commission regulations, “Telecommunications Relay
Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 CFR part 64,
Subpart F;
(ix) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36
CFR part 1194;
(x) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR part 609,
(xi) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance;” and
(xii) Other applicable federal civil rights and nondiscrimination regulations and guidance.
Section 16. Procurement.
(a) Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees:
(1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations, and
requirements in effect now or later that affect its third party procurements;
(2) To comply with the applicable U.S. DOT Common Rules; and
(3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contracting
Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance.
State Requirements
Section 37. Special Notification Requirements for States.
(a) Types of Information. To the extent required under federal law, the State, agrees to provide the following
information about federal assistance awarded for its State Program, Project, or related activities:
(1) The Identification of FTA as the federal agency providing the federal assistance for a State Program or
Project;
(2) The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for a
State Program or Project is authorized; and
(3) The amount of federal assistance FTA has provided for a State Program or Project.
(b) Documents. The State agrees to provide the information required under this provision in the
following documents: (1) applications for federal assistance, (2) requests for proposals, or
solicitations, (3) forms, (4) notifications, (5) press releases, and (6) other publications.
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EXHIBIT E, VERIFICATION OF PAYMENT
This checklist is to assist the Subrecipient in preparation of its billing packets to State. This checklist
is provided as guidance and is subject to change by State. State shall provide notice of any such
changes to Subrecipient. All items may not apply to your particular entity. State’s goal is to
reimburse Subrecipients as quickly as possible and a well organized and complete billing packet
helps to expedite payment.
Verification of Payment –
9 General Ledger Report must have the following:
y Identify check number or EFT number;
y If no check number is available, submit Accounts Payable Distribution report with the
General Ledger;
y In-Kind (must be pre-approved by State) and/or cash match;
y Date of the report;
y Accounting period;
y Current period transactions; and
y Account coding for all incurred expenditures.
9 If no General Ledger Report, all of the following are acceptable:
y copies of checks;
y check registers; and
y paycheck stub showing payment number, the amount paid, the check number or
electronic funds transfer (EFT), and the date paid.
9 State needs to ensure that expenditures incurred by the local agencies have been paid by
Party before State is invoiced by Party.
9 Payment amounts should match the amount requested on the reimbursement. Additional
explanation and documentation is required for any variances.
In-Kind or Cash Match – If an entity wishes to use these types of match, they must be
approved by State prior to any Work taking place.
9 If in-kind or cash match is being used for the Local Match, the in-kind or cash match
portion of the project must be included in the project application and the statement of work
attached to the Agreement or purchase order. FTA does not require pre-approval of in-kind
or cash match, but State does.
9 General ledger must also show the in-kind and/or cash match.
Indirect costs – If an entity wishes to use indirect costs, the rate must be approved by State
prior to applying it to the reimbursements.
9 If indirect costs are being requested, an approved indirect letter from State or your
cognizant agency for indirect costs, as defined in 2 CCR §200. 19, must be provided. The
letter must state what indirect costs are allowed, the approved rate and the time period for
the approval. The indirect cost plan must be reconciled annually and an updated letter
submitted each year thereafter.
Fringe Benefits- Considered part of the Indirect Cost Rate and must be reviewed and
approved prior to including these costs in the reimbursements.
9 Submit an approval letter from the cognizant agency for indirect costs, as defined in 2 CCR
§200. 19, that verifies fringe benefit, or
9 Submit the following fringe benefit rate proposal package to State Audit Division:
y Copy of Financial Statement;
y Personnel Cost Worksheet;
y State of Employee Benefits; and
y Cost Policy Statement.
970-788-4065 ddempsey@avon.org
TO: Honorable Mayor Underwood and Council members FROM: Danita Dempsey, Chief Cultural Officer
RE: Resolution No. 25-06 Approving 2025 Special Events
for Administrative Approval
DATE: February 12, 2025
SUMMARY: Council is being asked to review Resolution No. 25-06 Approving 2025 Special Events to
allow a streamlined administrative review and approval process for those special events which may seek to
(1) apply for a Special Event Liquor License to sell alcoholic beverages and/or (2) apply for an Outdoor Use
of Amplified Sound Permit.
BACKGROUND:
1. Special Event Liquor Licensing: The Town’s liquor licensing regulations allow for administrative
review and approval of routine liquor license applications, including Special Event Permits for
events already approved by the Town Council.
2. Outdoors Use of Amplification Systems: Staff received one sound complaint regarding special
events in 2024 during the August 28th AvonLIVE! permitted times for amplification and during
sound check. Staff immediately responded by reducing the volume and no further complaints were
received. The Town’s municipal code (AMC 5.24.020) allow for administrative approval at the
locations and times listed below. a. In Nottingham Park, including the Avon Performance Pavilion, on Sunday through
Wednesday between the hours of 9:00 a.m. and 8:00 p.m. and on Thursday through
Saturday between the hours of 9:00 a.m. and 10:00 p.m.
b. In any non-commercial zone (including any planned unit development area allowing non-
commercial use, but not including Town properties, park, and the Main Street Mall)
between the hours of 9:00 a.m. and 8:00 p.m.
c. In any commercial zone (including any planned unit development area allowing
commercial, but not including Town properties, park, and the Main Street Mall) between
the hours of 8:00 a.m. and 10:00 p.m.
Outdoor Use of Amplified Sound Systems applications that are not subject to administrative
approval or that are referred by the Town Manager to the Town Council, shall be subject to review
and approval by the Town Council after conducting a public hearing.
Resolution No. 25-06 has been prepared for Council consideration and includes a list of 2025
special events, including event name, event dates, times, and locations, which have a liquor sales
component and/or amplified sound component and will seek a Special Event Permit and/or
Outdoor Use of Amplified Sound Permit. If Resolution No. 25-06 is approved, it would allow the
Town Clerk to administratively review and approve these Special Event Permit applications; and
exempt the events listed from submitting an Outdoor Use of Amplified Sound Permit application per
Section 5.24.010 of the AMC.
ANALYSIS: By reducing the number of Special Event Permit Applications that the Avon Liquor Licensing
Authority reviews over the course of the spring and summer; and reducing the number of Outdoor Use of
Amplified Sound Permit applications the Avon Town Council reviews; approval of Resolution No. 25-06
Page 2 of 2
streamlines the review and approval process thus increasing proficiency and use of Avon Town Councils
time.
RECOMMENDATION: Staff recommend approving Resolution No. 25-06 Approving 2025 Special Events.
OPTIONS: Deny Resolution No. 25-06 or approve Resolution No. 25-06 [with or without revisions].
PROPOSED MOTION: “I move to approve Resolution No. 25-06 Approving 2025 Special Events.”
Thank you, Danita.
ATTACHMENTS:
ATTACHMENT A – Resolution No. 25-06 Approving 2025 Special Events
Resolution 25-06 Approving 2025 Special Events
February 25, 2025
Page 1 of 1
RESOLUTION 25-06
APPROVING 2025 SPECIAL EVENTS
WHEREAS, the Town Avon, Colorado (the “Town”) is a home rule municipality and political
subdivision of the State of Colorado (the “State”) organized and existing under a home rule
charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and
WHEREAS, the Town of Avon’s local liquor licensing regulations allow for the administrative
review and approval of routine liquor license applications, including Special Event Permit
applications for events already approved by the Town Council; and,
WHEREAS, the Town Council, as the local liquor license authority, finds that delegating
review and approval authority for certain routine liquor license applications to the Town Clerk
will improve administrative efficiency; and,
WHEREAS, the Town Council finds that approving 2025 special events planned for
Nottingham Park would exempt Outdoor Use of Amplified Sound Permits for the listed events
and would improve administrative efficiency: and,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town
Council hereby approves the following 2025 special events and event dates:
Special Event Liquor License:
1.Pride in the Park: Saturday, June 14th, 2025, 12:00 p.m. to 8:00 p.m.; Nottingham Park
2.Bravo! Vail: Thursday, June 26th, 2025, 5:00 p.m. to 9:00 p.m.; Nottingham Park
3.Triple Bypass: Saturday, July 12th, 2025, 11:30 a.m. to 8:00 p.m.; Nottingham Park
4.Avon Art Celebration: Friday, July 25th, 2025, 10:00 a.m. to 5:00 p.m.; Saturday, July 26th
10:00 a.m. to 5:00 p.m.; Sunday, July 27th, 2025, 10:00 a.m. to 4:00 p.m.
Outdoor Use of Amplified Sound:
1.SunsetLIVE!: Sunday’s, May 25th through August 31st, 2025; 3:30 p.m. to 8:30 p.m.;
Nottingham Park
2.AvonLIVE!: Wednesday’s, June 11th through August 31st,2025, 11:00 a.m. to 9:15 p.m.
3.Lakeside Cinema: Friday’s July 11th through August 29th, 2025; 7:30 p.m. to 11:00 p.m.;
Nottingham Park
ADOPTED February 25, 2025, by the AVON TOWN COUNCIL
By: Attest: ___________________________
Tamra N. Underwood, Mayor Brenda Torres, Deputy Town Clerk
ATTACHMENT A
970-748-4065 ddempsey@avon.org
TO: Honorable Mayor Underwood and Council members FROM: Danita Dempsey, Chief Cultural Officer
RE: Resolution 25-07 – Designating the Event Managers
for the Optional Premise Liquor License
DATE: February 12, 2025
SUMMARY: Council is being asked to consider Resolution No. 25-07 which designates the License’s
manager(s) for the Optional Premise Licenses which is revised to include current job titles.
BACKGROUND: On March 14, 2023, Town Council adopted Resolution No. 23-04 to remove individuals’
names and instead designate the License’s managers by job title. Resolution No. 23-04 designates the
Culture, Arts & Special Events Manager, and the Special Events Coordinator, as the Town of Avon’s Optional
Premises Liquor License – local option License’s managers, provided as ATTACHMENT A.
Furthermore, Town Council adopted Ordinance 20-03 on March 10, 2020, Colorado Department of Revenue
Liquor Enforcement rules and regulations requiring the Town to designate, by resolution, a License manager
for the Town of Avon’s Optional Premise Liquor License – local option, provided as ATTACHMENT B.
The Town began operating alcohol sales under its Optional Premise License in May of 2021 and continues
to do so at AvonLIVE! and Salute to the USA. This has allowed the Town to generate an additional $53,513.00
in net revenue in 2024.
PROPOSED RESOLUTION: Resolution No. 25-07 Designates the Chief Cultural Officer, Culture, Arts &
Special Events Manager, Senior Special Events Coordinator, and the Special Events Coordinator, as the
Town of Avon’s Optional Premises Liquor License – local option License’s managers, provided as
ATTACHMENT C.
FINANCIAL CONSIDERATIONS: Processing the renewal of the license through the State is $750. The local
license authority renewal fee is $175 and required by State law.
RECOMMENDATION: Staff recommend Council approve Resolution No. 25-07 to include current job titles
and designating the local option for License’s managers.
PROPOSED MOTION: “I move to approve Resolution No. 25-07, designating the Chief Cultural Officer,
Culture, Arts, & Special Event Manager, Senior Special Event Coordinator and the Special Event Coordinator
as the Town of Avon’s optional premise liquor license – local option License’s managers.”
Thank you, Danita.
ATTACHMENTS:
Attachment A – Resolution 23-04
Attachment B – Ordinance 20-03
Attachment C – Resolution No. 25-07
TOWN OF AVON, COLORADO
RESOLUTION NO. 20-04
SERIES 2020
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO, DESIGNATING THE EVENT MANAGER FOR THE
TOWN OF AVON'S OPTIONAL PREMISES LIQUOR LICENSE —
LOCAL OPTION.
WHEREAS, §44-3-310(1), C.R.S. "Optional premises license — local option," states that
no optional premises license, or optional premises permit shall be issued within any municipality
unless the governing body of the municipality has adopted an ordinance allowing such license and
adopted specific standards for the issuance of optional premises licenses; and,
WHEREAS, the Town Council of the Town of Avon approved Ordinance 20-03, Series
of 2020, adding Section 5.08.2 10 to Title 5 "Business Taxes, Licenses, and Regulations," Chapter
5.08 "Liquor Licenses" to the Municipal Code of the Town of Avon, Colorado to allow for optional
premises liquor licenses; and
WHEREAS, the Town Council of the Town of Avon has set specific standards for the
issuance of an optional premises license for the Town's use at the Harry A. Nottingham Park for
events at which alcohol may be served; and
WHEREAS, the Town Council of the Town of Avon deems it necessary to adhere to the
Colorado Department of Revenue Liquor Enforcement application requirement to designate an
event manager for the Town of Avon's optional premises liquor license — local option; and
WHEREAS, the Town Council of the Town of Avon wishes to name Danita Dempsey,
Culture, Arts & Special Events Manager and Mikaela Liewer, Special Events Coordinator, as the
Town of Avon's optional premises liquor license — local option event manager(s); and
WHEREAS, the Avon Town Council hereby finds, determines and declares that this
Resolution will promote the health, safety and general welfare of the Avon community.
NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO the following:
Section 1. The above and foregoing recitals are incorporated herein by reference and adopted
as findings and determinations of the Town Council.
Section 2. The Avon Town Council hereby appoints Danita Dempsey, Culture, Arts & Special
Events Manager and Mikaela Liewer, Special Events Coordinator, as the Town of Avon's optional
premises liquor license — local option event manager(s).
Res. 20-04— Designation of Event Manager
Pagel of 2
ATTACHMENT A
ADOPTED this 10th clay of March 2020.
AVON TOWN COUNCIL
By:
ti
S rah Smrth-Hyml, ayor
Res. 20-04 — Designation of Event Manager
Page 2 of 2
Attest:
Brenda Torres, Town C
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EA L:
Avon
C O L O R'A D O
TOWN OF AVON, COLORADO
ORDINANCE NO. 20-03
ADDING SECTION 5.08.210 TO TITLE 5 "BUSINESS TAXES, LICENSES AND
REGULATIONS," TO THE MUNICIPAL CODE OF THE TOWN OF AVON,
COLORADO TO PERMIT OPTIONAL PREMISES LIQUOR LICENSES
WHEREAS, the Town of Avon, Colorado ("Town") is a home rule municipality existing
pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes and the Town's
Home Rule Charter;
WHEREAS, the Town currently hosts events each year on the Town's outdoor sports and
recreational facilities at which alcohol is served pursuant to a Special Event Permits; and
WHEREAS, the Town may only use fifteen (15) Special Event Permits per year to serve alcohol
at Town sponsored events; and
WHEREAS, the Town wishes to host more than fifteen (15) events per year on the Town's
outdoor sports and recreational facilities at which alcohol is served; and
WHEREAS, pursuant to § 44-3-310, C.R.S., the Town, through the Local Liquor Licensing
Authority, is permitted to issue an option premises license under which an applicant may serve
alcohol on the Town's outdoor sports and recreational facilities; and
WHEREAS, § 44-3-310 (1), C.R.S., provides no optional premises permit shall be issued within
any municipality unless the governing body of the municipality has adopted an ordinance allowing
such license and adopted specific standards for the issuance of optional premises licenses; and
WHEREAS, the Town Council of the Town of Avon wishes to allow for the issuance of
optional premises licenses in accordance with the provisions of C.R.S. 44-3-310, and set specific
standards for the issuance of such licenses; and
WHEREAS, the Town Council of the Town of Avon finds that the amendment of the Avon
Municipal Code of the Town of Avon, Colorado as set forth herein below is in the best interest of
the Town of Avon and is necessary to be consistent with the types of alcoholic beverage
licenses offered by the State of Colorado Department of Revenue.
NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO the following:
Ordinance 20-03 Optional Premise Liquor License
FIRST READING — February 25, 2020
Page 1 of 4
ATTACHMENT B
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Addition of Section 5.08.210 to Title 5 of the Avon Municipal Code. Section
5.08.210 "Optional Premises Licenses" is added to Title 5, Chapter 5.08 of the Avon Municipal
Code to read as set forth in Exhibit A: Addition of Section 5.08.210 to the Avon Municipal
Code.
Section 3. Codification Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after final
adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6, Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
Ordinance 20-03 Optional Premise Liquor License
FIRST READING — February 25, 2020
Page 2 of 4
ATTACHMENT B: Ord 20-03
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on February 25, 2020 and setting such public hearing for March 10, 2020 at the
Council Chambers of the Avon Town Hall, located at 100 Mikaela Way, Avon, Colorado.
G
Sarah Smith Hymes, or
ATTEST:
Brenda Torres, Town
OF:4 1
ADOPTED ON SECOND AND FINAL READING on March 10, 2020.
WN F,
SEAL: :SEAL:
1
Sarah Smith Hymes, ayor
APPROVED AS TO F
aul Wisor, Town Attorney
Ordinance 20-03 Optional Premise Liquor License
FIRST READING — February 25, 2020
Page 3 of 4
ATTEST:
Torres, Town
ATTACHMENT B: Ord 20-03
EXHIBIT A — ADDITION OF SECTION 5.08.210 TO TITLE 5 OF THE AVON MUNICIPAL CODE
SECTION 5.08.210 — OPTIONAL PREMISES
a) An annually renewable optional premises license for the sale or service of alcoholic beverages may
be issued by the Local Liquor Licensing Authority for the following:
1) Any outdoor sports and recreational facility so long as such facility is located on or adjacent to a
hotel and restaurant license and such outdoor sports and recreational facility that charges a fee
for the use of such facility
2) Any stand-alone outdoor sports and recreational facility that charges a fee for the use of such
facility.
b) There is no restriction on the minimum size of the outdoor sports and recreational facility which may
be eligible for a related optional premises license. However, the Local Liquor Licensing Authority may
consider the site of the particular outdoor sports and recreational facility in relationship to the number
of optional premises requested for the facility and may reject any optional premises application if the
Local Liquor Licensing Authority considers the related facility to be too small to require an optional
premises.
c) There is no restriction on the number of optional premises which any one (1) licensee may have.
d) It is unlawful for any person to sell or dispense alcoholic beverages at an outdoor sports and
recreational facility without having first obtained a valid optional premises license to do so as provided
by this Article or in violation of any provision, restriction or limitation of the license if one has been
issued.
e) Nothing contained herein shall preclude the Local Liquor Licensing Authority, in its discretion, from
imposing conditions, restrictions or limitations on any optional premises license in order to serve the
health, safety and welfare of the public. Any such conditions may be imposed when the license is
initially issued prior to any renewal of such license or when any specific event or use of the optional
premises so warrants.
f) Applications for an optional premises license shall be made to the Local Liquor Licensing Authority
and shall be reviewed by the Local Liquor Licensing Authority pursuant to the procedures set forth in
Sections 5.08.080 — 5.08.150. In addition to the application requirements set out in Section 5.08.090,
the following information, along with any information required by the state licensing authority, shall be
provided by the applicant:
1) A detailed sketch of the outdoor sports and recreational facility indicating the locations desired to
be optional premises.
2) The proposed location of the permanent, temporary or movable structures or vehicles which are
proposed to be used for the sale or service of alcoholic beverages; and if the applicant is
requesting approval of more than one (1) optional premises, the following shall be provided:
a. An explanation of the reasons for each optional premises request.
ATTACHMENT B: Ord 20-03
b. An explanation of how the optional premises relate to each other from an operational
standpoint.
c. An explanation of the need for each optional premises in relationship to the outdoor sports and
recreational facility and its guests and users.
d. A statement and indication by reference to the map required under Paragraph (1) above which
optional premises will be permanent and which, if any, will be temporary or only used for
specific periods or less than one (1) year.
For those optional premises that are temporary or used for specific periods, the dates, times and
circumstances which will govern their usage shall be indicated.
3) Restrictions, limitations, procedures, controls and guidelines to be utilized by the licensee to
ensure compliance with the provisions of the Colorado Liquor Code and related regulation.
4) Such other information as reasonably may be required to satisfy the Authority that control of the
optional premises will be assured, and that the health, safety and welfare of the neighborhood and
outdoor sports and recreational facility users will not be adversely affected should the optional
premises license be issued.
5) The need for such an optional premises license.
6) A description of the methods which will be used to identify and control the optional premises when
these are in use, including an explanation of methods for complying with provisions of the Colorado
Liquor Code prohibiting sale to minors. For example, the applicant may describe the type of signs,
fencing or other notices or barriers to be used in order to control the optional premises.
7) A description or demonstration of the provisions that have been made for storing malt, vinous and
spirituous liquors in a secure area on or off the optional premises for future use on the optional
premises.
g) If the applicant does not own the proposed optional premises, he or she shall submit to the Local
Liquor Licensing Authority a written statement by the owner of the premises approving the application
sought.
h) If the Local Liquor Licensing Authority approves the application, the applicant shall provide the Town
with evidence that the state licensing authority has approved the location proposed to be optional
premises, as required by the Colorado Liquor Code.
i) It is unlawful for any alcoholic beverages to be served on a licensed optional premise without the
licensee having first provided written notice to the Town and to the state licensing authority, no less
than forty-eight (48) hours prior to such service of alcoholic beverages. Such notice shall contain
specific days and hours on which the optional premises are to be used for the sale or service of
alcoholic beverages. Nothing contained herein shall preclude written notice, submitted forty-eight (48)
hours in advance, from specifying that an optional premises may be utilized for a continuous or
extended period of time, However, should any special or unusual event be anticipated to occur during
any extended period of time, no less than forty-eight (48) hours' written notice should be given to the
Chief of Police, who shall have the authority, on behalf of the Local Liquor Licensing Authority, to
impose any conditions reasonably related towards serving the health, safety and welfare of the public.
ATTACHMENT B: Ord 20-03
Q) In addition to or in lieu of any enforcement actions which the Local Liquor Licensing Authority takes
against an adjacent hotel and restaurant license for violations of these standards or the Colorado
Liquor Code and the regulations adopted pursuant thereto, the Local Liquor Licensing Authority may
decline to renew the optional premises license for good cause shown. In addition, the Local Liquor
Licensing Authority may suspend or revoke the optional premises license in accordance with the
procedures specified in Section 5.08.160.
ATTACHMENT B: Ord 20-03
Res. 25-07 – Designation of Event Manager
February 25, 2025
Page 1 of 1
RESOLUTION 25-07
DESIGNATING THE EVENT MANAGER FOR THE TOWN OF AVON’S
OPTIONAL PREMISES LIQUOR LICENSE – LOCAL OPTION.
WHEREAS, §44-3-310(1), C.R.S. “Optional premises license – local option,” states that no
optional premises license, or optional premises permit shall be issued within any municipality
unless the governing body of the municipality has adopted an ordinance allowing such license and
adopted specific standards for the issuance of optional premises licenses; and,
WHEREAS, the Town Council of the Town of Avon approved Ordinance 20-03, Series of 2020,
adding Section 5.08.210 to Title 5 “Business Taxes, Licenses, and Regulations,” Chapter 5.08
“Liquor Licenses” to the Municipal Code of the Town of Avon, Colorado to allow for optional
premises liquor licenses; and
WHEREAS, the Town Council of the Town of Avon has set specific standards for the issuance
of an optional premises license for the Town’s use at the Harry A. Nottingham Park for events at
which alcohol may be served; and
WHEREAS, the Town Council of the Town of Avon deems it necessary to adhere to the Colorado
Department of Revenue Liquor Enforcement application requirement to designate an event
manager for the Town of Avon’s optional premises liquor license – local option; and
WHEREAS, the Town Council of the Town of Avon wishes to name the Chief Cultural Officer,
Culture, Arts & Special Events Manager, Senior Special Events Coordinator and the Special Events
Coordinator, as the Town of Avon’s optional premises liquor license – local option event
manager(s); and
WHEREAS, the Avon Town Council hereby finds, determines and declares that this Resolution
will promote the health, safety and general welfare of the Avon community.
NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO the following:
Section 1. The above and foregoing recitals are incorporated herein by reference and adopted
as findings and determinations of the Town Council.
Section 2. The Avon Town Council hereby appoints the Chief Cultural Officer, Culture, Arts
& Special Events Manager, Senior Special Events Coordinator and the Special Events Coordinator,
as the Town of Avon’s optional premises liquor license – local option event manager(s).
ADOPTED on February 25, 2025.
By: Attest: ___________________________
Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
ATTACHMENT C
970-748-4061 shymes@avon.org
TO: Honorable Mayor Underwood and Council members FROM: Sarah Smith Hymes, Sustainability Coordinator
RE: Certified Building Analyst Training
DATE: February 18, 2025
SUMMARY: The Avon Town Council adopted the Climate Action Plan for the Eagle County
Community which calls for greenhouse gas (“GHG”) emission reduction targets of 50% by 2030 and a
minimum of 80% by 2050. Energy use in buildings was identified as one of the immediate priority items.
The first step to residential electrification is a home energy assessment and there is currently a shortage of
certified technicians to perform these assessments. This report is a request for funding to train four Town
of Avon employees to become Building Performance Institute (“BPI”) certified building analyst technicians
(“BA-T”) to perform home energy assessments.
BACKGROUND: Energy use in buildings accounts for 50% of Avon’s GHG emissions. Avon’s 2022 GHG
Inventory calculates that we need additional reductions of 37% in residential buildings and 25% in
commercial buildings to meet the 2030 goal to reduce 22,067 metric tons of carbon dioxide equivalent
(MTCO2e) emissions from Avon’s buildings.
Electrification and improving the energy efficiency of existing buildings are proven strategies to reduce
greenhouse gas emissions, make living environments safer and healthier, and lower energy costs. A home
energy assessment performed by a BPI certified building analyst technician is required to qualify for many
of the free upgrades, utility rebates, and tax breaks available to underwrite the cost of energy upgrades.
Energy Smart Colorado at Walking Mountains, the administrator of energy rebate programs across Eagle
County, has experienced a backlog in assessments due to a shortage of certified technicians. This has
impacted Avon’s ability to scale up the number of buildings that need to transition to clean energy to meet
our greenhouse gas reduction goals.
The proposed training will add four technicians dedicated to assessments in Avon to perform at least 24
additional building assessments per year to accelerate building emission reduction, making a solid step
towards the Town’s goals of electrifying 5% of existing residential buildings per year.
ANALYSIS:
Interest From Community: In Avon’s 2024 Community Survey, 154 respondents requested information
on energy efficiency rebates. 61% of respondents said they are interested in making energy efficiency
improvements over the next five years and 68% indicated interest (32% yes, 36% maybe) in electrifying the
heating and hot water energy supply in their homes.
Net Zero Building Expo: Energy efficiency education for homeowners is the theme for Avon’s Third
Annual Net Zero Building Expo on April 18th. Attendees can sign up for a free home energy assessment at
the Expo, which will increase demand for certified technicians.
Holy Cross Energy: Holy Cross Energy, the electric utility provider in Avon, expects to reach 85% of
renewable energy supply in 2025, up from an average of 75% in 2024 and 50% in 2023. This rapid
transition means that investments in energy efficiency and electrification of existing buildings in Avon will
result in significant immediate reductions in emissions and energy burden. Colorado has some of the
lowest electricity rates in the country – Holy Cross is in the lower third for cost in Colorado for both cost per
kWh or base rates. Holy Cross is also in the top 10% in the nation for reliability. Nationally, since 2019,
inflation has increased 20%, while cost for electricity has increased 30% on average. Holy Cross’s rates
have increased 4.75% since 2019, from 10.5 cents/kWh to 11 cents/kWh. There will be no increase in
Page 2 of 3
2025. Their ability to keep rates low is partly due to the direct reduction of energy cost from renewable
investments.
TRAINING DETAILS: Energy Smart Colorado provided proposals from three qualified training providers.
Staff selected the lowest cost option: a five-day, in-person program run by Community Housing Partners, a
provider who has conducted trainings for Northwest Colorado Council of Government’s (NWCCOG). The
training proposal includes:
• 3 days of BA-T Training from Monday to Wednesday of the training week
• 2 days of field exams on Thursday and Friday of the training week (4 hours each person)
• Exam video processing.
• Books and Materials
• Travel expenses and time for trainer
• The total cost for training four students is $14,000
Upon passing the 4-hour exam, students become officially BPI-Certified.
In this partnership, Energy Smart Colorado at Walking Mountains will:
• Provide classroom space and food
• Coordinate the hands-on labs in practice houses
• Cover the cost of using the BPI certified test house at the NWCCOG facility in Gypsum.
• Cover the cost for a required online prerequisite course ($238 per student).
Required Equipment for Home Energy Assessments: A set of equipment required to perform home
energy assessments will cost $6000 - $8000, including:
• Blower door testing equipment
• Infrared camera that identifies hot and cold spots throughout the home
• BPI-approved combustible gas detector
• A combustion gas analyzer capable of producing carbon monoxide (CO) air free measurement
• Personal ambient carbon monoxide alarm or ability to monitor ambient CO
This set will be owned by Avon, available for shared use by the Avon-trained technicians.
Trainee Requirements:
A. Complete the course prerequisite: To ensure that students share basic knowledge of building
science (the components and systems in the home, how they work together, and how they relate to the
occupant and energy use), all students must pass the Building Science Principles online course prior to
the training. The course is self-paced with an open book test that is not proctored or timed. Passing
score is 70%. The book is about 100 pages, and there are various YouTube videos that can be used to
assist. Course work and testing can be done during work hours. Nikki Maline, Energy Program Director
at Walking Mountains, has offered to host a study session if desired.
B. Commit to 3.5 days of training/testing, this is proposed to take place during work hours, provided by
Community Housing Partners and will include:
• 3 days of Building Analyst Technician (BA-T) training: Monday - Wednesday 8:30-4:30, combination
of classroom instruction at Walking Mountains and hands-on labs in practice houses
• 4 hours of field exams per person, held at the Northwest Colorado Council of Government’s facility in
Gypsum – Thursday and Friday
Page 3 of 3
C. Performing at least six home energy assessments in Avon residences within 12 months following
certification. The assessments will be done outside of work hours, but technicians will be compensated
by Walking Mountains for each assessment. Additional assessments, in or outside of Avon, can be
completed on a contract basis with Walking Mountains at the technician's discretion. The Town of Avon
plans to invest in one set of testing equipment required to perform home energy assessments for Staff
technicians. Assessments in Avon get priority.
FINANCIAL CONSIDERATIONS: The request to Council is to approve Exterior Energy Offset Program
(“EEOP”) funds to be used to cover the cost of training (up to 4 technicians) and purchase one set of the
equipment required to perform building assessments. The current fund balance of the Exterior Energy
Offset Fund is $197,146 and a fund summary can be found in Attachment A. Approving this training would
add the following expenditures:
Training (up to four people) including prerequisite class: $ 14,000
Purchase of one (1) set of assessment equipment: $ 7,000 (estimate is between 6,000-8,000)
This would reduce the anticipated end-of-year fund balance from $138,146 to $117150
RECOMMENDATION: I recommend the Town Council approve funding to train four BPI certified building
analyst technicians to assist in home energy assessments and coaching for Avon property owners and
renters and purchase one set of equipment required to perform home energy assessments.
TOWN MANAGER COMMENTS: This is great work by Sarah to identify a bottleneck in electrification of
existing buildings and present a solution. I support this proposal.
OPTIONS: 1. No Action
2. Approve funding for this proposal
3. Provide staff with direction for a different proposal
PROPOSED MOTION: “I move to approve funding not to exceed $22,000 from the EEOP Fund balance to
train four BPI certified building analyst technicians and purchase one set of equipment required to perform
home energy assessments.”
Thank you, Sarah
ATTACHMENTS:
ATTACHMENT A: EEOP Fund Summary
Unaudited Revised Approved
Actual Budget Budget
2024 2024 2025
REVENUES
Licenses and Permits:
Exterior Energy Offset Fee 18,264$ 25,000$ 25,000$
Total Operating Revenues 18,264 25,000 25,000
TOTAL REVENUES 18,264 25,000 25,000
EXPENDITURES
Community Development:
Project Planning & Consulting 9,496 7,500 44,000
Energy Efficiency Projects 36,523 40,000 40,000
Total Operating Expenditures 46,019 47,500 84,000
TOTAL EXPENDITURES 46,019 47,500 84,000
NET SOURCE (USE) OF FUNDS (27,755) (22,500) (59,000)
FUND BALANCES, Beginning of Year 224,901 224,901 197,146
FUND BALANCES, End of Year 197,146$ 202,401$ 138,146$
Fund Summary
MUNICIPAL SERVICES
Exterior Energy Offset Fund #27
ATTACHMENT A
970-748-4083 clin@avon.org
TO: Honorable Mayor Underwood and Council members FROM: Charlotte Lin, Sustainability Manager
RE: Regional Net Zero Roadmap Presentation
DATE: February 6, 2025
SUMMARY: The Town of Avon has been a leader in sustainability and climate action, with established
goals to reduce greenhouse gas (“GHG”) emissions by 80% by 2050, and up-to-date building and energy
codes for the necessary building electrification work. Resolution 25-05 (ATTACHMENT A) proposes the
adoption of the Regional Net Zero Roadmap (“Roadmap”), a collaborative initiative to align regional
municipalities in Eagle, Pitkin and Garfield Counties in implementing net-zero energy construction by 2030.
Lead Project Managers from Lotus Sustainability & Engineering, and the Climate Action Collaboration, will
present the Roadmap to Council (ATTACHMENT B).
Resolution 25-05 commits Avon to adopting regionally aligned building codes that enhance energy
efficiency, electrification, and grid integration to ensure all new construction achieves net-zero
emissions. The adoption of Resolution 25-05 is crucial to strengthening Avon's climate leadership,
preparing the workforce, and delivering lasting economic and environmental benefits.
Avon’s existing support for the Roadmap includes a Letter of Support for the Climate Action Collaborative’s
application to the Colorado Energy Office’s Energy Code Adoption and Enforcement Grant Program. In
addition, Avon will be hosting its 3rd annual Net Zero Building Expo on April 18, 2025, further promoting the
implementation of net zero transitions in our community and beyond.
ANALYSIS:
Even prior to the development of the Regional Net Zero Roadmap, the Town of Avon has demonstrated a
strong commitment to sustainability and net-zero initiatives, including:
• Avon Heat Recovery System – A key infrastructure project that significantly improves energy
efficiency and reduces emissions.
• All-Electric Avon Community Housing – The Town has adopted a resolution requiring that all
Avon Community Housing projects be fully electric.
• Pending All-Electric Projects – Avon is advancing major all-electric projects, including the Public
Works Garage and the Vail Valley Foundation Early Childhood Center.
Building on Avon’s existing efforts, the key objectives of the Regional Net Zero Roadmap (ATTACHMENT
C) include:
1. Align Regional Building Code Updates
a. Establish a phased stepped approach for implementing net-zero building codes across the
region.
b. Provide consistency for developers, architects, and builders across jurisdictions to improve
compliance and efficiency.
2. Ensure Equitable and Sustainable Development
a. Encourage electrification of buildings to reduce reliance on fossil fuels.
b. Promote energy-efficient building designs that lower long-term utility costs for residents.
c. Improve affordability and indoor air quality, particularly for vulnerable populations.
3. Support the Local Workforce and Economic Growth
Page 2 of 2
a. Strengthen regional partnerships between municipalities, industry professionals, and
workforce training organizations.
b. Address barriers such as workforce availability and financial feasibility of building
electrification.
c. Facilitate skill-building initiatives to prepare contractors and builders for net-zero
construction requirements.
4. Meet Avon’s Climate Action Goals
a. Reduce GHG emissions through clean energy adoption and efficient buildings.
b. Position Avon as a model for sustainable development and climate resilience.
c. Align with state and utility-level renewable energy goals, including Holy Cross Energy’s
commitment to 100% renewable electricity by 2030.
RECOMMENDATION: Staff recommends Council adopt Resolution 25-05.
RECOMMENDED MOTION: “I move to approve Resolution 25-05, Adopting the Regional Net Zero
Roadmap to Achieve Net Zero Construction by 2030.”
Thank you, Charlotte
ATTACHMENT A: RESOLUTION 25-05: Adopting the Regional Net Zero Roadmap to Achieve Net
Zero Construction by 2030
ATTACHMENT B: Regional Net Zero Roadmap Community Presentation Slide Deck
ATTACHMENT C: Executive Summary: A Regional Roadmap for a New Net Zero
Resolution No. 25-05
February 11, 2025
Page 1 of 1
RESOLUTION 25-05
ADOPTING THE REGIONAL NET ZERO ROADMAP TO
ACHIEVE NET ZERO CONSTRUCTION BY 2030
WHEREAS, the Avon Town Council (“Council”) is committed to addressing the urgent
challenges of climate change by adopting strategies that reduce carbon emissions, promote
sustainability, and enhance the resilience of our community, and is committed to achieving a
net-zero future for the benefit of both current and future generations; and
WHEREAS, Council has adopted a goal to reduce community-wide GHG emissions 50% by
2030 and 80% by 2050 compared to the 2014 baseline year, and recognizes that achieving this
goal requires decarbonization of all new and existing buildings within Avon; and
WHEREAS, Council believes that achieving net-zero operational emissions for all new
construction by 2030 is not only possible but essential to mitigate climate change and create
long-term benefits for our community, including public health, economic opportunities,
equity, innovation, and long-term environmental stewardship; and
WHEREAS, Council acknowledges that regional collaboration and alignment in achieving
the goals of the Regional Net Zero Roadmap will maximize the benefit of collective efforts
and promote equitable solutions for all communities; and
WHEREAS, Council is committed to ensuring that all members of our community,
particularly those most vulnerable to climate impacts, benefit from the transition to a net zero
built environment; and
WHEREAS, Council finds that implementation of the Regional Net Zero Roadmap will
promote the health, safety and general welfare of the Avon community.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town
Council adopts the Regional Net Zero Roadmap, with the goal of achieving net-zero operational
emissions for new construction by 2030, as a key component of our Town's climate action
strategy.
ADOPTED FEBRUARY 25, 2025 by the AVON TOWN COUNCIL
By: Attest:___________________________
Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
ATTACHMENT A
A Regional Roadmap for a New Net Zero
Redefining net zero and aligning on new construction codes
Town of Avon
Regional Net Zero Roadmap Adoption
February 25, 2025
Lotus Engineering & Sustainability 1
ATTACHMENT B
Why We’re Here
Our Request to Council
3
Adoption of “Net Zero Roadmap”
●Adoption of Resolution that establishes policy to consider net zero building code regulations
●Commits Avon to work collaboratively with the region on net zero building codes
●Provides a plan and stepped approach to achieve net zero building codes regulations by 2030, implementing Avon’s
Climate Action Plan goals and commitments
●Provides the Town and staff a clear direction and vision for
implementing net zero building code regulations for new
construction
●States Avon’s intention to adopt net zero building code
regulations for new construction by 2030
4
Town of Avon Buildings Achievements
●Consistent adoption of advanced building codes
○Eagle County Code Cohort
○2021 IECC
○Solar & EV ready
○Electric preferred
●Adoption of the Exterior Energy Offset Program updates
●Adoption of Resolution 25-05 that all Avon Community
Housing projects should be all electric & net zero
●Implementation in 2009 of Avon’s Wastewater Heat
Recovery System
Introduction
Purpose
Align the region on future building code updates required to
implement a net zero energy code by 2030.
Net Zero Code Roadmap Goals
6
Approach
➔Involve sustainability and building department teams.
➔Educate group on how “net zero” code elements are showing up in building codes.
➔Define as a region what attributes does a “net zero building” have.
➔Collaboratively develop a “stepped approach”to achieve
buildings with “net zero” attributes through code adoption
cycles from 2024 through 2030.
Net Zero Code Roadmap: Partners
7
PM
Tech
Advisors
Comm.
Partners
Project Participants
8
Communities:
●Town of Avon
●Town of Basalt
●Town of Eagle
●Eagle County
●Town of Gypsum
●Town of Minturn
●Town of Red Cliff
●Town of Vail
●City of Aspen
●Pitkin County
●Town of Snowmass Village
●City of Glenwood Springs
●Town of Carbondale
Roadmapping Process
Lotus Engineering & Sustainability 9
Board and Council
Presentations
Develop the
Roadmap to Net
Zero New
Construction
Workforce Analysis
Workforce Listen and
Learns
Research on policy,
opportunities,
programs
5 Cohort meetings
Enforcement and
Compliance
Meetings
April -July 2024
July -September 2024
September -March 2025
The New Net Zero
Traditional Net Zero
11
Electric Utility Commitments & Requirements
Holy Cross Energy
•100% RE by 2030
•This goal is a
commitment
12
Glenwood Springs Electric
•100% renewable energy (RE) already
Aspen Electric
•100% renewable energy (RE) already
Xcel Energy
•80% RE by 2030•This goal is required by state law
Final Net Zero Building Definition
13
A building that:
●Is powered by electricity;
●Uses renewable energy from the grid and/or onsite
generation;
●Has the ability to store energy and/or shift energy
use to reduce peak demand on the electric grid;
●Achieves energy performance above base the
International Energy Conservation Code.
●Is designed to minimize embodied carbon; and
●Is EV-ready.
Describing the ideal end state of buildings in
2030 and beyond.
Starting now is key.
14
Significant New Development Subject to Building Code
15
16
Town of Avon Climate Goals
The Town of Avon is
committed to 50% GHG
emissions reduction by
2030, and 80% by 2050
The Town of Avon
committed to implement
net-zero or all-electric
construction
requirements by 2030
The Regional Vision
We asked the workforce…
•Crestone Building•Shaeffer Hyde•Western Refrigeration & Heating•Beck Builds•Radar Engineering•Vail Custom Builders•R&H Mechanical•Sipes Architects•North 39 Energy
•CCYA Architects
•issho Inc.
•KH Webb Architects
•Vail Health
•Mountain Air Mechanical
•VVP
•Eigelberger Architecture
•Rader Engineering
•Weddle and Sons Roofing
•Teague Architects
•Sunsense Solar
•BG Architecture & Design
•Land + Shelter Architecture•& more.
18
●What do they think of the Roadmap?
●What was their opinion on the need for regionally aligned codes?
●Are they ready for these requirements?
●What barriers do you face?
From the Listen and Learns:
19
Improving building code compliance can save on energy costs and
make buildings more affordable to operate, benefiting our community
and environment.
Estimated Energy Lost from Noncompliance (GuideHouse Study)
●Up to $2,300 per building/yr in lost energy costs from non-
compliant code buildings, especially in heating and cooling
followed by insulation.
Why does it matter if the workforce understands the codes?
20
DOE Code Compliance
Lost Savings
The Path to 2030
The Roadmap
22
Step A: 2024-2026
●2021 or 2024 IECC
●Electric-Preferred
●Addt efficiency for very
large homes
●EEOP or REMP in place
Step B: 2027-2029*
●2024 or 2027 IECC
●All-Electric w/ exceptions
●Addt efficiency for very
large homes
●EEOP or REMP in place
●If solar is added, storage
is required
●Demand response for
water heating (state
law)
Step C: 2030 & beyond*
●2027 or 2030 IECC
●All-Electric limited
exceptions
●Addt efficiency for very
large homes
●EEOP or REMP in place
●If solar is added, storage
is required
●Demand response for
water heating (state
law), thermostat
capability
*Provisions will be
reevaluated to ensure
alignment with
technology, utilities,
and best practices.
Net Zero Roadmap
Community
C
Community
A
Community
B
Net Zero
The Roadmap
24
Step A: 2024-2026
●2021 or 2024 IECC
●Electric-Preferred
●Addt efficiency for very
large homes
●EEOP or REMP in place
Step B: 2027-2029*
●2024 or 2027 IECC
●All-Electric w/ exceptions
●Addt efficiency for very
large homes
●EEOP or REMP in place
●If solar is added, storage
is required
●Demand response for
water heating (state
law)
Step C: 2030 & beyond*
●2027 or 2030 IECC
●All-Electric limited
exceptions
●Addt efficiency for very
large homes
●EEOP or REMP in place
●If solar is added, storage
is required
●Demand response for
water heating (state
law), thermostat
capability
*Provisions will be
reevaluated to ensure
alignment with
technology, utilities,
and best practices.
25
Net Zero Roadmap Benefits
Stronger
codes =
a skilled
workforce,
better-built
homes.
All-electric homes =
healthier, more affordable living
Build right the first time =
no costly fixes later.
Benefits: GHG Reductions -Eagle County
Addtl 7% reduction
from the 2014
baseline.
29% reduction from the
2014 baseline, due to
utility renewable goals.
Benefits: GHG Reductions - Avon
131,899 cumulative
GHG reductions
through 2050
(mtCO2e)
Equivalent to
17,714 homes’
energy use for
one year
Partnerships and Collaboration
Community Coordinating Entities
•CLEER
•Garfield Clean Energy, Garfield County
•CORE
•Pitkin County (Upper Roaring Fork Valley)
•Walking Mountains
•Eagle River Valley (Eagle County)
Net Zero Buildings in our Region
Aspen: Burlingame III
Breckenridge: Alta Verde
Alta Verde, Breckenridge
Walking Mountains Educator Housing
Rifle: Wapiti Commons
Wapiti Commons, Rifle
Avon’s all electric public works garage
Avon & Vail Valley Foundation all electric preschool
Coming Soon…
The Path Ahead
Dedicated Commitment From Leadership:
●Resolution to execute the Roadmap, achieve net zero (as
defined by the Roadmap) for new buildings by 2030, and
support staff and community.
●Commitment to continue collaboration efforts into the
future.
Request to Council:
●Adopt the Regional Net Zero Roadmap via resolution
Timeline:
●Nov 2024 through March 2025 -Region-wide adoption
of a resolution or ordinance committing to roadmap
goals.
Call to Action
40
Questions?
Thank You
Kim Schlaepfer
kim@lotussustainability.com
Gina McCrackin
ginam@walkingmountains.org
42
A Regional Roadmap
for a New Net Zero
Redefining Net Zero and
Aligning New Construction
Codes in the Eagle River
and Roaring Fork Valleys
November 2024
Photo courtesy of Daniel Bayer Photography, provided by the Community Office for Resource Efficiency (CORE).
ATTACHMENT C
Why We Need a Net Zero New Construction Roadmap ......................................................1
Introduction ........................................................................................................................................................2
A New Net Zero .................................................................................................................................................3
Residential Roadmap ..................................................................................................................................4
Commercial Roadmap ..............................................................................................................................5
2027 and 2030 Re-Evaluation ................................................................................................................6
Equity ......................................................................................................................................................................7
Green Workforce Development ..........................................................................................................9
Future Work .........................................................................................................................................................11
Appendix A: Net Zero Roadmap Participants ..............................................................................12
Table of Contents
AHJ - Authority Having Jurisdiction
CAC - Climate Action Collaborative
CORE - Community Office of Resource Efficiency
CLEER - Clean Energy Economy for the Region
EEOP - Exterior Energy Offset Program
EV - Electric Vehicle
HVAC - Heating, Ventilation, and Air Conditioning
REMP - Renewable Energy Offset Program
PV - Photovoltaic
Abbreviations
Our mountain region is facing increasing climate threats as Statewide climactic
changes warm our local climate. The local governments in the Eagle River and
Roaring Fork Valleys recognize this threat and have established strong goals to
ensure we reduce our local carbon emissions to secure a vibrant and resilient
future for our communities.
The Net Zero New Construction Roadmap (Roadmap) is a local government and
utility staff-led effort to identify how we can achieve zero carbon emissions for
all new buildings, in line with our climate action goals, by 2030, while
maintaining housing affordability, and bolstering our local workforce to deliver
on these objectives.
Through this collaborative effort, we defined what "net zero" truly means for our
mountain region, providing a clear path for local governments to adopt energy
codes that will achieve net zero newly constructed buildings by 2030. This
unified approach ensures that our region will effectively tackle climate
challenges while fostering economic growth and sustainability.
1
Why We Need a Net Zero New
Construction Roadmap
Photo courtesy of Daniel Bayer Photography, provided by the Community Office for Resource Efficiency (CORE).
In 2024, a Cohort of building department and sustainability staff, sustainability
and building code experts, and local utility company representatives from
communities within the Roaring Fork and Eagle River Valleys convened to
develop a Net Zero New Construction Roadmap (Roadmap) for new residential
and commercial buildings. This effort aims to encourage a regionally
consistent building code that will progress toward eliminating greenhouse gas
emissions from newly constructed buildings, support the local workforce, and
improve overall housing affordability.
The Roadmap plays an important role in supporting Colorado’s ambitious
climate goals of reducing emissions by 50% by 2030 and 90% by 2050. While it
contributes significantly to these objectives, it is part of a broader strategy that
will be necessary to meet the comprehensive emissions reductions needed in
the built environment. The Roadmap also aligns with local climate action
plans that prioritize emissions reductions, particularly focusing on the
emissions impact of new construction.
This Net Zero New Construction Roadmap provides a stepped approach for
local governments to use as a guide for adoption of energy codes and
beyond-code programs for future building code adoption cycles, with the end
goal of adopting and enforcing a code standard that achieves new net zero
buildings by 2030.
The Roadmap includes core elements that address carbon emissions of new
buildings and phase out fossil fuel systems. The core elements of the
Roadmap include energy efficiency, electrification, energy storage, renewable
energy, and demand response. While the Roadmap does not explicitly address
embodied carbon and electric vehicles, these are encouraged to be
additional considerations for each jurisdiction as they update their energy
codes between now (2024) and 2030.
2
Introduction
Key objectives of the roadmap include:
Re-define what “net zero” energy use for newly constructed buildings means
in our local context.
Eliminate operational GHG emissions that are generated by newly constructed
homes and commercial buildings’ energy use in the region (except for special
circumstances).
Provide local government staff and elected leaders a clear pathway to follow
for new construction energy code updates to enforce net zero building
requirements, as defined in this Roadmap, by 2030.
Support ongoing collaboration amongst local government staff and elected
leaders to adopt the same building energy codes that result in net zero
buildings by 2030, so the rules and standards across the region are consistent.
During discussions, the cohort recognized that a net zero building can mean
many different things to different types of stakeholders. As a result, the cohort
agreed on a unique description of a net zero building that everyone in the
region can work toward. In addition, the region represented in this Roadmap is
served by electric utilities rapidly on their way to supplying 100% renewable,
carbon-free electricity [1]. This fundamental shift in our regional energy supply,
led by our progressive electric utilities, allowed the Cohort to envision what
“net zero” means if the electric grid is supplying the clean energy a building
needs, rather than each individual building producing it itself.
For the purposes of this roadmap and the region, a net zero building is a
building that has the following attributes:
Is powered by electricity;
Uses renewable energy from the grid and/or onsite generation;
Has the ability to store energy and/or shift energy use to reduce peak
demand on the electric grid;
Achieves energy performance above base International Energy
Conservation Code;
Is designed to minimize embodied carbon; and
Is EV-ready.
A New Net Zero
3
Step A
Suggested time frame: 2024-2026
Step B*
Suggested time frame: 2026-2029
Step C*
Suggested time frame: 2030 and beyond
Energy Efficiency
Adopt the 2021 or 2024 IECC base code and the
required state Electric and Solar Ready Code, at
a minimum.
Adopt the State Minimum Code (HB22-1362):
State Low Carbon and Energy Code based on
the 2024 IECC or the 2027 IECC. Note: The new
state minimum is required for jurisdictions
updating building codes starting July 1, 2026.
Adopt the most recent IECC. Identify above
code options to drive additional residential
energy efficiency as necessary.
Home Size
Threshold Higher energy efficiency must be demonstrated in homes over a certain size.
Electrification
Electric-preferred code to encourage
electrification of new buildings, along with,
electric-readiness for all energy end uses in a
building.
All-electric with exceptions for gas
supplemental heat, emergency generators,
and other items as decided by AHJs or building
officials.
All-electric with no OR rare exceptions as
decided by AHJs or building officials.
Energy Storage
Utilize the REMP or EEOP Programs to incentivize
battery storage. For AHJs requiring PV for new
buildings, energy storage is strongly
encouraged or incentivized to be installed with
the PV system.
Utilize the REMP or EEOP to incentivize battery
storage. Energy storage is required if a new PV
system is installed.
Utilize the REMP or EEOP to incentivize battery
storage. Energy storage is required if a new PV
system is installed.
Renewable Energy
Pathway 1:
For jurisdictions with
existing Solar
Requirements
Solar is required. If solar is installed, energy
storage is required to be installed with the PV
system.
Solar is required to offset remaining "non-
renewable" energy being consumed from the
electric grid.
If solar is installed, energy storage is required
with the PV system.
Solar-readiness is required.
Solar installation is optional, as long as utilities
have accomplished 100% renewably powered
grid.
If solar is installed, energy storage is required to
be installed with the PV system.
Renewable Energy
Pathway 2:
For jurisdictions with
existing Solar-Ready
Requirements
Solar-readiness is required.
Solar-readiness is required.
If solar is installed, energy storage is required
with the PV system.
Demand Response None.
Demand response controls for electric water
heaters are required (per state law CRS 6-7.5-
101-110, effective Jan 1, 2026)
Demand response controls for electric water
heaters and for thermostats are required.
4
RESIDENTIAL New Construction Roadmap
*See 2027 & 2030 Re-evaluation
Step A
Suggested time frame: 2024-2026
Step B*
Suggested time frame: 2026-2029
Step C*
Suggested time frame: 2030 and beyond
Energy Efficiency
Adopt the 2021 or 2024 IECC base code and the
required state Electric and Solar Ready Code, at
a minimum.
Adopt the State Minimum Code (HB22-1362):
Low Carbon and Energy Code based on the
2024 IECC or the 2027 IECC. Note: The new state
minimum is required for jurisdictions updating
building codes starting July 1, 2026.
Adopt the most recent IECC. Identify above
code options to drive additional commercial
energy efficiency.
Electrification
Electric-preferred code to encourage
electrification of new buildings, along with
electric-readiness for all energy end uses in a
building.
All-electric with some exceptions as decided
by AHJs or building officials OR Adopt a
stronger electric-preferred standard with
increased efficiency requirements.
All-electric with rare exceptions as decided by
AHJs or building officials. Note: Evaluate all rare
exceptions prior to adoption to ensure they are
relevant, based on how electrification
technology has evolved.
Energy Storage
Utilize the REMP or EEOP to incentivize battery
storage. For AHJs requiring PV for new buildings,
energy storage is required to be installed with
the PV system.
Utilize the REMP or EEOP to incentivize battery
storage. Energy storage is required if a new PV
system is installed.
Utilize the REMP or EEOP to incentivize battery
storage. Energy storage is required if a new PV
system is installed.
Renewable Energy
Pathway 1:
For jurisdictions with
existing Solar
Requirements
Solar is required on commercial buildings over
5,000 sq ft. If solar is installed, energy storage is
required to be installed with the PV system.
Solar is required to offset remaining "non-
renewable" energy being consumed from the
electric grid for commercial buildings over
5,000 sq ft.
If solar is installed, energy storage is required to
be installed with the PV system.
Solar-readiness is required.
Solar installation is optional, as long as utilities
have accomplished 100% renewably powered
grid.
If solar is installed, energy storage is required to
be installed with the PV system.
Renewable Energy
Pathway 2:
For jurisdictions with
existing Solar-Ready
Requirements
Solar-readiness is required.
Solar-readiness is required.
If solar is installed, energy storage is required to
be installed with the PV system.
Demand Response None.
Demand response controls for some electric
water heaters are required (per state law CRS
6-7.5-101-110, effective Jan 1, 2026 for small
commercial applications 40-120 gallons).
Demand response controls for all electric water
heaters and for thermostats are required.
5
COMMERCIAL New Construction Roadmap
*See 2027 & 2030 Re-evaluation
6
2027 and 2030 Re-Evaluation
This Roadmap is based on the current understanding of net zero strategies,
costs, policies, technology, and utility support, all of which may evolve before
2030. To meet the Roadmap’s goals, ongoing collaboration and re-evaluation
during each code cycle are essential. Communities and utility representatives
should reconvene with technical and workforce experts ahead of 2027 and
2030 code cycles to review renewable energy, energy storage, and demand
response elements, aligning on new data, state policies, and regional
standards.
Renewable Energy: As utilities integrate more large-
scale renewables, the role of onsite solar may shift to
resiliency, and changes in net metering rules or
financial incentives could affect adoption.
Energy Storage: Rapid advancements in energy
storage may influence utility incentives and grid
management needs, shifting demand between
residential and commercial systems by 2030.
Demand Response: With rising demand from
electrification and EVs, demand response may, over
time, become more important for balancing grid
supply, keeping energy affordable, and maintaining
reliability of the electrical grid.
There is a need to address equity in building energy policy development and
implementation, recognizing that inefficient and outdated buildings unfairly
impact equity-priority community members and businesses. Homes or other
buildings, when built poorly or to old energy code standards, lead to higher
energy bills, poor indoor air quality, and increased health risks. As building
technologies improve and the electric grid becomes cleaner, there is an
opportunity to build net zero from the start. Doing so can lower energy costs,
improve health outcomes, and ensure that no community member is left
behind with older, polluting systems in the places where our community lives,
works, and plays.
The Roadmap development process identified key equity concerns, one of
which was a desire to minimize upfront costs of new construction, which could
support more accessible and affordable housing for community members in
each valley, while ensuring new construction meets high efficiency standards.
Through case studies from new buildings across the three county region and
other Colorado mountain communities, it’s been shown that all-electric, high
efficiency new buildings are feasible without a higher price tag if the design
and intent to build net zero is a goal from the start [2]. Proposed solutions to
ensure housing affordability does not come at the sacrifice of energy
efficiency include expanding green financing options for affordable net zero
housing or using the permitting process to reduce fees or review time for all-
electric and/or energy-efficient buildings.
The Eagle County Climate Equity Plan engaged with community members
through a survey, which revealed that 72% of Spanish-speaking survey
takers and 32% of English-speaking survey takers use money meant for
important needs, like food and medicine, to pay their energy bills instead.
Additionally, renters, who often live in less energy efficient properties, face
additional barriers like landlords being unwilling to make energy-saving
upgrades [3].
Equity
7
Electrification emerged as a critical equity issue as well. Electrification offers
significant health benefits by eliminating indoor pollution from gas-powered
systems through the installation of highly efficiency, all-electric systems that
also lower operational costs. However, participants noted that without energy
efficiency measures, inefficient electrification could increase utility costs for
low-income families. Because of this, our Roadmap to Net Zero includes
regular updates to the International Energy Conservation Codes, which will
ensure high performing envelopes and high efficiency systems will enable
beneficial electrification for all community members.
It was noted through this effort that the project scope limited the Cohorts
ability to engage with members of the public who are experiencing energy
burden in our communities. As the Roadmap implementation advances and
each subsequent code cycle is adopted, inclusive engagement with low
income and underrepresented groups will be crucial in shaping building
energy codes that delivers equitable outcomes for everyone.
Photo courtesy of the Community Office for Resource Efficiency (CORE).
8
Achieving net zero new construction by 2030 relies on a skilled
workforce proficient in green building practices, including energy-
efficient systems, renewable energy, energy storage, and electrification.
Addressing existing workforce gaps and planning for future growth is
essential to reducing carbon emissions and meeting future demands.
A 2024 study by Inclusive Design Group (IDG) on green building
workforce development in Pitkin, Eagle, and Garfield Counties found a
significant shift toward green building within skilled trades, revealing
strong demand for expertise in weatherization, insulation, and heat
pump installation. Meeting this demand is crucial for the Roadmap’s
net zero goals, particularly in areas with lower wages where demand for
skilled tradespeople is higher. Key strategies to enhance green
workforce development include:
Expanding Skilled Trades: Workforce initiatives should focus on
training existing workers in new technologies and techniques
needed for net zero buildings, especially as building codes evolve.
Creating Partnerships: Educational institutions, such as Colorado
Mountain College and local high schools, play a critical role in
developing future green building professionals.
Incentivizing and Funding Training: Scholarships for apprenticeship
programs and skills training will be vital for rapidly developing the
green workforce.
9
Green Workforce Development
In addition, community nonprofits
focused on climate solutions in our
region, including Walking
Mountains (WM), Community Office
of Resource Efficiency (CORE), and
Clean Energy Economy for the
Region (CLEER) conducted "Listen &
Learn" sessions to gather industry
insights on the Roadmap.
Code Adoption and Alignment: Participants stressed the need for
consistent building codes across jurisdictions to avoid confusion
and streamline approvals and support industry in understanding
and complying with the code requirements. Companies
emphasized it cannot be the responsibility of the private sector to
convince customers to go net zero. If the code requires net zero,
local businesses can get there.
Workforce Development and Housing Challenges: Finding and
retaining skilled local workers remains challenging due to high
housing costs and low wages.
Electrification and Affordability: Affordability concerns regarding
electrification costs in new construction and retrofits were noted,
highlighting the need for balancing cost considerations while
pursuing electrification. It was also noted, by a local contractor
that heat pump installations are at an all time high in our
mountain community, including in multifamily buildings.
Technological Challenges: Participants expressed perceived
concerns about grid readiness for electrification and the
availability of suitable technology in the area to meet
electrification goals. Note: Despite these concerns, through
extensive engagement with the local utilities serving the region,
the utilities that participated (Appendix A) emphasized that the
grid is ready for electrification.
Community Involvement & Education: Ensuring net zero
initiatives benefit all community members is essential, especially
across the large income gaps in our community. Increased
community education and engagement in policy shaping will be
essential so the building industry knows why codes are moving to
net zero and can support these goals.
10
Key themes from these discussions show support for the goals of this Roadmap
and highlight the regional challenges we may face as these goals advance:
These insights underline the importance of workforce development,
technological readiness, and equitable access as the region works towards
net zero goals. Consistent building codes are crucial for reducing confusion
and advancing sustainability efforts equitably across communities.
Continued collaboration: Convene the cohort or regional partners
before each code cycle to align on net zero amendments, share
lessons, and establish new regionally consistent code standards
in alignment with this Roadmap. With support from local
nonprofits, reconvene the Mountain Building Code Officials group
and work with CORE, CAC, and CLEER to provide regional officials
with necessary training and resources.
Review funding opportunities: Identify state or other grants to
fund cohort facilitation, resource development, and cost studies.
Additional funds could support local Community-Based
Organizations (CBOs) and bolster compliance efforts in building
departments.
Provide regular updates and share resources: CORE, CAC, and
CLEER should give regular updates on code progress to ensure
that all communities stay informed. Communities should also
exchange insights, studies, and data to support collaborative
code development.
Turn focus to existing buildings: After adopting the net zero code
for new construction, expand efforts to improve energy efficiency
and reduce emissions in existing buildings. Work with CORE, CAC,
and CLEER to evaluate equitable retrofitting incentives, set
performance benchmarks, and explore policies for broader
climate goals.
11
The Regional Net Zero Roadmap defines a pathway to adopt regionally
consistent codes for net zero construction by 2030. Achieving this goal requires
ongoing collaboration among sustainability and building department staff
within local governments, as well as community members in the building
industry. Next steps include:
Future Work
12
Appendix A
Net Zero Roadmap Participants
Project Manager
Lotus Engineering & Sustainability
Local Governments
Town of Avon
Town of Basalt
Town of Eagle
Eagle County
Town of Minturn
Town of Red Cliff
Town of Vail
City of Aspen
Pitkin County
Town of Snowmass Village
City of Glenwood Springs
Town of Carbondale
Utilities
Xcel Energy
Holy Cross Energy
Aspen Utilities
Glenwood Springs Electric & Public
Works
Black Hills Energy
Technical Experts Advising on
the Project
Shums Coda Associates
Biospaces Energy Consulting
Southwest Energy Efficiency
Project
Community Nonprofits
Community Office of
Resource Efficiency (CORE)
Climate Action Collaborative
at Walking Mountains (CAC)
Clean Energy Economy for the
Region (CLEER)
End Notes
[1] Aspen's Path to 100% Renewable Electricity
City of Glenwood Springs, Energy and Climate Action Plan 2024
Holy Cross Energy Annual Report 2023
Xcel Energy 2023 Sustainability Report
[2] Cost-Effectiveness of the 2021 IECC for Residential Buildings in Colorado — 2015 IECC Baseline
SWEEP - Breckenridge shows how affordable and sustainable housing can be all-electric too
Garfield Clean Energy - Energy savings make Rifle housing project doubly affordable
Eagle County Energy Code Modeling Report
[3] CAC Climate Equity Plan
Report prepared by
(970) 748-4091 pliermann@avon.org
TO: Honorable Mayor Tamra N. Underwood and Avon Town Council FROM: Patti Liermann, Housing Planner
RE: Conceptual Design Agreement for Slopeside
DATE: February 14, 2025
SUMMARY: This report presents a Conceptual Design Agreement with Ulysses Acquisition, LLC
(“Developer”) for the project known as Slopeside, aka Benchmark at Beaver Creek Tract Y. This
agreement sets forth the obligations related to the conceptual design services and the exclusive negotiation
of a developer service agreement related to the project in the future. Staff will provide recommendations to
Town Council (“Council”) regarding next steps, upon approval of this agreement.
BACKGROUND: The Slopeside Parcel is adjacent to the westbound offramp of I-70 at Avon Road.
Development of Community Housing on this property was identified in the Community Housing goals for
2024. Council previously approved an amendment to the Avon Comprehensive Plan to recognize
Community Housing as a preferred use and took action to rezone the Slopeside Parcel to Community
Housing High Density 1 zone district.
At the May 14, 2024, Council meeting, Council provided direction to Staff to prepare a Request for
Qualifications (“RFQ”) for development of the Slopeside parcel. At the July 9, 2024, Council meeting,
Council approved the RFQ. The RFQ, published on July 15, 2024, provided a general vision and goal for
the housing development, minimum architecture goals and requirements, a description or range of desired
unit type, and the desired Area Median Income (“AMI”). It also specified the Town’s goals for seeking a
developer with experience in building in mountain resort communities, funding mechanisms, ability to
attract funding partners, and design and architectural elements that accompany a high-profile location while
meeting AMI rental limits. This RFQ process allowed Staff to review qualifications before issuing the more
formal Request for Proposal (“RFP”).
Council appointed two Council members (Ruth Stanley and Lindsay Hardy) to work with Staff during the
RFQ selection period. Town received 11 responses to the RFQ. The review team selected three
developers to invite to submit a more involved Request for Proposal based on their qualifications and
experience. Proposals were due late September 2024 and interviews were held in early October 2024.
Two developer groups submitted complete proposals. The developer teams included the developer,
architect/design firm, construction manager, owner’s representative, and civil engineer. Ulysses was
selected based on their experience as an affordable housing developer with key skillset in successful
financing of rental projects and their overall team supported by strong architectural and civil engineering
partners.
CONCEPTUAL DESIGN AGREEMENT: The Conceptual Design Agreement is structured to provide more
conceptual design work upfront in response to the unique location of this property as the gateway to Avon.
The Conceptual Design process will help to visualize and determine the appropriate building size, density,
massing, and architectural design principles for this gateway project. Staff requests Council appoint two
Council Members to participate in the staff meetings with the Developer to provide design direction and
feedback. The Conceptual Design will be presented to Avon Planning and Zoning Commission (“Avon
PZC”) and Council. A more comprehensive and detailed Developer Agreement will be prepared once there
is consensus on a Conceptual Design.
CONCEPTUAL DESIGN PROCESS: The Conceptual Design process will likely take 3-4 months. It
would start with an initial meeting with Avon PZC or joint meeting to discuss project goals. The list of
project goals from the initial conceptual design work for the Swift Gulch apartments (now Avondale
Page 2 of 2
Apartments on Lot 5 by Home Depot) is attached as ATTACHMENT B as an example. This list would be
updated for the Slopeside site. Defining and prioritizing project goals is helpful guidance for design
professionals at the outset of a conceptual design process.
FINANCIAL CONSIDERATIONS: The $130,000 cost of the Conceptual Design will come from the
Community Housing fund and will be included in the spring budget amendment. Additional meeting
attendance may be charged to the Town at a direct cost.
RECOMMENDED ACTION: I recommend approval of the proposed Conceptual Design Agreement for
Slopeside with Ulysses Acquisition, LLC.
PROPOSED MOTIONS: “I move to approve the Conceptual Design Agreement with Ulysses Acquisition,
LLC.”
“I move to appoint Council members ________________ and _______________ to participate in staff
meetings with Ulysses Acquisition LLC during the conceptual design process.”
Thank you, Patti
ATTACHMENT A: Conceptual Design Agreement
ATTACHMENT B: Swift Gulch Housing Goals
Conceptual Design Agreement
DRAFT: February 18, 2025
Page 1 of 9
CONCEPTUAL DESIGN AGREEMENT
This CONCEPTUAL DESIGN AGREEMENT (“Agreement”) is made and entered into on
February 25, 2025 (“Effective Date”), by and between TOWN OF AVON, a Colorado home-
rule municipality (“Avon”) and ULYSSES ACQUISITION LLC, a Colorado limited liability
company (“Developer”). Avon and the Developer are sometimes referred to herein as the
“Parties” and individually as a “Party.”
RECITALS
A.Avon is pursuing an affordable housing redevelopment project (the “Project”) on an
approximate 4.0-acre parcel of land adjacent to the westbound off-ramp of I-70 at the Avon
Road interchange referred to as the “Slopeside Parcel” (the “Property”). The Property is
identified on the map attached as EXHIBIT A: PROJECT AREA hereto.
B.On July 15, 2024, Avon and the Avon Housing Authority (“Authority”) published a
Request for Qualifications (“RFQ”) from interested developers, and in response to the
RFQ, the Developer submitted its qualifications for the Project.
C.On September 3, 2024, Avon published a Request for Proposals (“RFP”) from the
respondents of the RFQ, and in response to the RFP, Developer submitted its proposal for
the Project dated September 27, 2024 (the “Developer Proposal”).
D.Following additional procurement process steps, including interviews and meetings
participated in by Avon staff, Avon staff recommended Developer to the Avon Town
Council (“Council”) as the preferred Developer for the Project. Avon staff notified the
Developer of its selection on October 8, 2024, and representatives from Avon staff and the
Developer met on October 10, 2024 to discuss preparation of this Agreement and a
subsequent developer services agreement.
E.The Parties desire to enter into this Agreement on the terms set forth below to address the
Parties’ obligations related to the provision of conceptual design services and the
negotiation of a developer services agreement (“DSA”) related to the Project.
F.The Parties intend that the DSA will address the developer services that Developer will
provide to Avon during the period of the DSA to further define the Project and also will set
forth the steps and agreements required for the Developer ultimately to ground lease the
Property and construct, own and operate the Project.
AGREEMENT
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, the receipt and sufficiency of
which are hereby acknowledged, the Parties mutually agree as follows:
I.Conceptual Design
ATTACHMENT A: Conceptual Design Agreement
Conceptual Design Agreement
DRAFT: February 18, 2025
Page 2 of 9
A. Developer shall prepare conceptual designs to present up to three separate options for
consideration by Avon Planning and Zoning Commission (“Avon PZC”) and Council.
Conceptual designs shall depict building locations, size, massing, types of units and
general floor plans, general architectural design and parking configuration. Conceptual
designs may include a mixture of building types and sizes in response to the highly
visible entrance to Avon.
B. The Conceptual Design process shall include the following:
1. Introductory joint work session with Avon Planning and Zoning Commission and
Council to review project goals, discuss site challenges and opportunities, and
discuss optimizing density balanced with appearance of entry to Town of Avon.
Avon staff will provide guidance on list of project goals and design considerations.
2. Initial presentation of at least two conceptual designs to Avon PZC and Council.
Avon PZC and Council will provide direction and comment on conceptual designs.
3. Prepare revised and preferred conceptual design for presentation to Avon PZC and
Council. Avon PZC and Council will provide direction and comment to finalize the
preferred conceptual design.
4. Submit final revised conceptual design to Avon.
C. Developer shall charge a fee of $105,000.00 for preparing conceptual designs. Avon
shall pay in accordance with the following schedule:
1. $30,000 due within thirty (30) days after preparing materials and attending the joint
work session described in Section I.B.1 above.
2. $30,000 due within thirty (30) days after preparing materials and attending the
initial presentation of at least two conceptual designs before Avon PZC and Council
as described in Section I.B.2 above.
3. $30,000 due within thirty (30) days after preparing materials and presenting a
revised preferred conceptual design to Avon PZC and Council as described in
Section I.B.3. above.
4. $15,000 due within thirty (30) days after providing the final revised conceptual
design to Avon.
5. Additional meeting attendance and additional conceptual design work shall be
charged to Avon at direct cost, including hourly rates, ½ hourly rate for travel time
to and from Avon, and direct expenses without mark-up. Developer shall provide
reasonable estimates of the cost of extra work upon request by Avon. Hourly rates
and expenses are depicted in EXHIBIT B: RATES.
ATTACHMENT A: Conceptual Design Agreement
Conceptual Design Agreement
DRAFT: February 18, 2025
Page 3 of 9
D. Developer shall order property reports required to create Conceptual Designs, including
but not limited to Phase I Environmental Study, geotechnical study, and addition to
survey work. Avon shall reimburse costs for reports which shall be charged without
mark-up by Developer subject to Avon’s prior review and approval of cost quotes and
scope of work and provided that total costs for such reports does not exceed $25,000
without Avon’s prior written consent.
II. Exclusive Negotiations
A. Concurrently with the Conceptual Design process, Avon and Developer shall negotiate
exclusively and in good faith with each other concerning the terms and conditions of
the DSA and the ultimate development of the Project.
B. Each Party shall continue to use commercially reasonable efforts to cooperate in all
respects as reasonably necessary to negotiate the terms and conditions of the DSA,
including but not limited to, directing staff to attend scheduled meetings, direct its
respective consultants to cooperate with the other Party, to provide information to the
other Party that may be reasonably necessary to further completion of the DSA, and to
promptly review and return with comments all correspondence, reports, documents, or
agreements received from the other Party that require such comments.
C. The Parties shall continue to use commercially reasonable efforts to ensure those staff,
principals, and consultants that each respective Party identifies as authorized to speak
responsibly and authoritatively for each Party participate in meetings and
communications by and among the Parties.
D. Avon will not negotiate with any other person or entity concerning the development of
the Project as described in the Developer Proposal.
III. Agreement Term
A. The “Agreement Term” will commence on the Effective Date and terminate August
15, 2025, provided, however, if on the final day of the Agreement Term, the Developer
has executed the DSA and submitted it to the Town Council for approval, this
Agreement shall not terminate until the Town Council either approves or rejects the
DSA.
B. Either Party may terminate this Agreement at any time following consultation with the
other Party and upon fifteen (15) days’ advance written notice if such Party determines
in its reasonable discretion that (i) the other Party is not negotiating the DSA in good
faith or fulfilling its obligations under this Agreement or (ii) despite the Parties
negotiating in good faith, the Parties cannot agree on the terms of the DSA. In addition,
the Parties may mutually agree to terminate this Agreement if they determine, after
consultation with each other, that the Project is not financially feasible. Alternatively,
this Agreement shall automatically terminate if the Council rejects the DSA as executed
by the Developer or requires amendments which are not acceptable to the Developer.
ATTACHMENT A: Conceptual Design Agreement
Conceptual Design Agreement
DRAFT: February 18, 2025
Page 4 of 9
C. Unless the Parties otherwise agree in writing, except for the costs described in Section
I(C)(5) above which will be charged to Avon, any amounts expended by each Party
during the Agreement Term shall be that Party’s expense and shall not be reimbursed
by the other Party.
IV. Performance During Agreement Term.
A. During the Agreement Term, the Parties shall use good faith, commercially reasonable
efforts to reach agreement on the terms of the DSA. The Parties intend that the DSA
will address, without limitation, the following obligations of the Parties:
1. The development services that the Developer will provide, or cause consultants to
provide, to Avon related to the Project, which services will include, but not be
limited to, preparing documents for and coordinating a pre-application meeting with
Avon staff, conceptual design review and a major development plan application
(the “Development Services”).
2. Avon’s commitment to pay the costs identified by the Developer and approved by
Avon for the Development Services.
3. The obligations of the Parties to work together on the terms of a ground lease,
restrictive covenant and related agreements to enable the Developer to develop and
operate the Project.
4. Such other terms and conditions that the Parties deem appropriate for the DSA.
B. Any public announcements concerning the Project will be handled by Avon unless
otherwise agreed. Avon shall strive to coordinate with the Developer on any public
announcements concerning the Project. All negotiations between the Parties under this
Agreement shall be confidential to the extent permitted by law.
V. Further Duties and Obligations. Except as expressly provided herein, neither Party
shall have any obligation or duty to the other Party in the event the Parties fail for any
reason to timely execute and deliver the DSA. Nothing herein shall be construed as a
binding commitment by either Party to proceed with the Project.
VI. Amendment; Attorneys’ Fees; Time. This Agreement may not be amended except in
writing signed by the Parties. Each Party is responsible for its own attorney’s fees and
costs in the event of any dispute or legal action related to this Agreement.
VII. General. If any provision of this Agreement is held invalid or unenforceable in
accordance with its express terms in any legal proceeding, such invalidity or
unenforceability shall not affect the validity and enforceability of any other part of this
Agreement. Nothing contained in this Agreement shall be deemed to constitute a joint
venture or partnership relationship or any other arrangement, business, financial or
otherwise, between Avon and the Developer. This Agreement shall be governed by and
construed in accordance with the laws of the State of Colorado.
ATTACHMENT A: Conceptual Design Agreement
Conceptual Design Agreement
DRAFT: February 18, 2025
Page 5 of 9
VIII. Remedies; Termination. Termination of this Agreement shall be the sole and exclusive
remedy in the event of default. In the event of a default under this Agreement, the non-
defaulting Party shall provide written notice (a “Default Notice”) to the defaulting Party,
and the defaulting Party will have fourteen (14) days from receipt of the Default Notice
to cure the default. During such time period, the Parties will work diligently with one
another to help mutually cure the default, including meeting at least two (2) times to
discuss and seek to resolve the issues associated with the Default Notice. If after such
meetings and the end of such 14-day cure period, the Parties are unable to reach
agreement regarding the subject default, either Party may terminate this Agreement by
written notice to the other Party.
IX. Assignment. This Agreement and all rights and obligations of the Parties hereunder are
personal to the Parties and may not be transferred or assigned without the prior written
consent of the other Party. Avon agrees to review in good faith and agrees to not
unreasonably withhold approval of any proposed assignment by the Developer of
Developer’s rights and obligations in this Agreement to a wholly owned subsidiary of the
Developer or to a new entity under the same ownership and control of the Developer.
X. Notices. All notices required or permitted hereunder shall be in writing and shall be
delivered in person or by email (which shall be deemed received when acknowledged by
the recipient) by overnight courier, or by registered or certified mail, postage prepaid,
return receipt requested, to such Party at its address shown below, or to any other place
designated in writing by such Party:
Avon: Town of Avon
Town Manager
100 Mikaela Way
Avon, CO 81620
(970) 748-4004
townmanager@avon.org
With a copy to: Town of Avon
Town Attorney
100 Mikaela Way
Avon, CO 81620
(303) 376-8512
townattorney@avon.org
nina@wwfdlaw.com
Developer: Kevin Knapp, Vice President
c/o Ulysses Development Group LLC
ATTACHMENT A: Conceptual Design Agreement
Conceptual Design Agreement
DRAFT: February 18, 2025
Page 6 of 9
210 University Blvd, Suite 460
Denver, CO 80206
(720) 615-1010
Kevin.Knapp@ulyssesdevelopment.com
With a copy to: Sarah Rockwell, General Counsel
Ulysses Development Group LLC
210 University Blvd., Ste. 460
Denver, CO 80206
(720) 615-010
Sarah.rockwell@ulyssesdevelopment.com
Any such notice shall be deemed received upon delivery, if delivered personally, upon
acknowledgement of receipt by the recipient of an email, one (1) day after delivery to the
courier, if delivered by courier, and three (3) days after deposit into the United States mail,
if delivered by registered or certified mail.
[EXECUTION PAGE FOLLOWS]
ATTACHMENT A: Conceptual Design Agreement
Conceptual Design Agreement
DRAFT: February 18, 2025
Page 7 of 9
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective
Date.
AVON:
TOWN OF AVON, COLORADO
By: __________________________
Title: _________________________
DEVELOPER:
ULYSSES ACQUISITION LLC,
a Colorado limited liability company
By: ______________________________
Title: ____________________________
ATTEST:
By: __________________________
ATTACHMENT A: Conceptual Design Agreement
A-1
EXHIBIT A
PROJECT AREA
The “Project Area” is depicted below as two parcels outlined in blue and orange adjacent to Swift
Gulch Road and the I-70 west bound off-ramp to the Avon Road interchange:
ATTACHMENT A: Conceptual Design Agreement
B-2
EXHIBIT B - RATES
Ulysses Development Group
• Developer: $300/hour
• Associate Developer: $200/hour
• Counsel: $300/hour
• Paralegal: $200/hour
Architect
• Principal: $300/hour
• Lead Designer: $200/hour
• Associate: $150/hour
Engineer
• Principal: $300/hour
Cost Estimator
• Principal: $200/hour
ATTACHMENT A: Conceptual Design Agreement
Swift Gulch Housing Goals
DRAFT October 18, 2021
Project Type:
•Fully utilize the site for housing development.
•Develop a multi-family employee rental housing project for long-term ownership by the Town of Avon
•Meet the housing need for public employees, including the Town of Avon, and other local governments
in Eagle County. Provide rental housing that meets an acceptable affordability goals in relationship to
salaries.
•Develop mostly one-bedroom units which are suitable for singles and couples.
•Strive for 40 to 45 units on 1.5 acres.
Site Design:
•Design to minimize the impacts of mudflows and flooding.
•Maximize efficiency of snow removal.
•Incorporate convenient trash/recycling/composting collection.
•Utilize xeriscaping.
•Provide pedestrian and bicycle connectivity to bus stop and recreation trail on Swift Gulch road.
•Provide connectivity to recreation trails to the north.
Project Design:
•Net Zero to meet Climate Action Plan goals. Should serve as a demonstration project.
•Full utilization of passive solar designs to take advantage of southern exposure.
•Include adequate parking for residents and guests, recognizing there is no additional parking in the
area. Parking is expected to exceed the minimum code requirements.
•Include storage areas for outdoor recreational equipment and seasonal tires.
•Include balconies and patios with southern exposure to provide private outdoor areas.
•Include an attractive common outdoor space that provides seating, tables and grilling equipment with
opportunities for informal gathering.
•Utilize designs which provide efficient layout.
•Use construction techniques which provide the lowest cost per square foot. Avoid elevators.
•Consider storage areas for furnishings.
•Design to maximize efficiency for long-term ownership.
•Consider LEEDs design principles and incorporate as appropriate.
•Use attractive mountain contemporary architecture that is compatible with Avon.
Project Operations:
•Seek to maximize efficiency of maintenance and operations. (minimize sidewalks that ice, use low
maintenance materials for high impact areas, use materials that can be easily maintained, resealed,
repainted replaced).
•Incorporate housing for an on-site property manager. (housing for on-site maintenance?)
ATTACHMENT B: Swift Gulch Housing Goals
970-748-4065 ddempsey@avon.org
TO: Honorable Mayor Underwood and Council members FROM: Danita Dempsey, Chief Cultural Officer
RE: CASE Committee Applicant Interviews and Appointments
DATE: February 11, 2025
SUMMARY: Four (4) vacancies became open on the Culture, Arts & Special Events (“CASE”) Committee
on or before February 1, 2025. Outgoing members are Lisa Mattis, Justin Chesney, Calyn Reiger and
Danielle McNair. The CASE Committee, advisory in nature, review, research, and provide guidance on
culture, arts, and special events programming in the Town of Avon. Their role is more defined in Resolution
19-12 adopted on May 28, 2019, and in the CASE Committee Brand Ambassador document provided and
attached as ATTACHMENT A.
In 2024, the Town’s desire to further develop Avon’s cultural strategy and offerings shifted CASE’s primary
focus. Therefore, the CASE Committee Application includes specific questions related to arts and cultural
strategic planning and offerings, in hopes of learning more about an applicant’s experience in this arena.
These questions are provided below:
1. Considering the three categories of CASE oversight (cultural, arts, and special events), which
category interests you the most and why?
2. Do you have experience in developing arts and/or culture strategic plans and/or programming?
3. What are you passionate about?
The CASE Committees purview still encompasses the growth and development of our special events
portfolio which includes (1) evaluating an events brand for compatibility with Avon’s brand (2) ensuring a
robust and diverse event calendar and (3) creating memorable experiences for the Avon community.
A press release announcing the Town was seeking community members to serve on the CASE Committee
was sent out on December 3, 2024, through the Town website / database and social channels. The
coinciding application process ended on January 17th, 2025. Staff received eleven (11) applications for four
(4) open seats on the CASE Committee including outgoing members Justin Chesney and Danielle McNair
who wish to continue for another two-year term. There are eight (8) first-time applicants, and one (1) prior
applicant seeking appointment. Applicant Materials are provided and attached as ATTACHMENT B.
QUALIFICATIONS: Resolution 19-12 requires CASE Committee members are Eagle County residents to
be eligible for appointments as Voting Members; and at least four Voting Members are registered electors
of the Town or owners or representatives of an existing business with a physical location and address in
the Town of Avon at the time of their appointment to CASE. Resolution 19-12 guides and prioritizes
preferences to people having experience with (1) special events, (2) event planning and design, (3) culture
and arts or (4) local business.
Appointments are made by the Council in February, or as soon thereafter as possible, after posting notice
to solicit interest. Typically, the Council should appoint four (4) people in odd numbered years and three (3)
people in even numbered years to fill CASE seats.
CASE COMMITTEE COMPOSITION: Provided in Table 1 below, is a summary of the continuing members
with their term dates.
Page 2 of 3
All applicants are (1) registered electors of Eagle County (2) seven (7) applicants are registered electors of
the Town of Avon (3) and six (6) applicants either own or represent businesses with a physical business in
the Town of Avon. Furthermore, in the order applications were received, Table 2 provides additional
information on each applicant regarding whether they are registered electors of the Town, community in
which they reside, whether they own or represent a business in Avon, their employer and job title.
It is important to note that at the time of Danielle McNair’s appointment to the CASE Committee in February
of 2023, she represented a business with a physical location in Avon. She continues to reside in Eagle-Vail
and her current employer is located in Beaver Creek.
RECOMMENDATION: I recommend the Council consider following the selection process outlined directly
below to interview and appoint four (4) individuals for two-year terms on the CASE Committee.
SELECTION PROCESS: The applicants will attend the meeting in person and if attending virtually, be advanced
to a panelist one-by-one, and in the order applications were received, provided below:
Member
Term Start
Date
Term End
Date
Registered
Elector of Avon
Community
Residency
OR Owns or Representative a
Buisness in Avon w/ Physical
Address in Avon Profession
Thomas Walsh1 1-Feb-23 1-Feb-26 Yes Avon No
Professional Athlete, U.S. Olympic and
Paralympic Committee, and U.S.
aralympics Alpine Skiing National A Team
Member
Pedro Campos2 1-Mar-24 1-Feb-26 No Eagle-Vail Yes
Zehren & Associates, Principal,
Landscape Architect & Land Planner
Kerri Thelen 1-Mar-24 1-Feb-26 Yes Avon No
Vail Valley Soccer Club Executive
Director
Open 1-Mar-25 1-Feb-27
Open 1-Mar-25 1-Feb-27
Open 1-Mar-25 1-Feb-27
Open 1-Mar-25 1-Feb-27
Stanley, Ruth1 10-Jan-23 31-Dec-26
Hardy, Lindsay 10-Jan-23 31-Dec-261 Denotes 3-year
2 Denotes service on the sunset Ad Hoc Special Events Committee
Table 1
CASE Committee Voting Members Appointment & Term
Ex-Officio Non-Voting
Page 3 of 3
1. Justin Chesney 2. Gregg Cooper
3. Lynn Feiger
4. Alejandro Cerda
5. Danielle McNair
6. Ian Grask
7. Amy Lewis
8. Oriana Anderson
9. Tara Novak 10. Kristen Dudding
11. Charles (Chuck) Yang
After each applicant's brief introduction, there will be 3-5 minutes each for Council questions. After each
applicant has had a chance to address the Council, there will be time for Council discussion. Council will
then vote by ballot for their selected candidates. Once Councilors have cast their votes, the Town Clerk will
tabulate the votes by each Councilor and announce which applicants received most votes to fill the
vacancies. Council will then entertain motion for the record to appoint any of the potential new members to
the CASE Committee.
PROPOSED MOTION: “I move to appoint [Justin Chesney, Gregg Cooper, Lynn Feiger, Alejandro Cerda,
Danielle McNair, Ian Grask, Amy Lewis, Oriana Anderson, Tara Novak, Kristen Dudding, and/or Charles Yang] to
a two-year term on the CASE Committee.”
Thank you, Danita.
ATTACHMENTS:
Attachment A – Resolution 19-12 and CASE Committee Brand Ambassador Role
Attachment B – Applicant Materials
Avon
COLORADO
RESOLUTION 19-12
APPROVING A CULTURAL, ARTS AND SPECIAL EVENTS COMMITTEE
WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality and
political subdivision of the State of Colorado (the "State") organized and existing under a home
rule charter (the "Charter") pursuant to Article XX of the Constitution of the State; and
WHEREAS, the Town Council finds that the Ad Hoc Special Events Committee has
provided valuable and important review, research and advisory functions with regard to special
event planning and programming for the Avon community and desires to create a permanent
standing advisory committee to continue with these efforts; and
WHEREAS, Section 11.2 of the Charter states that Council may create any boards or
commissions including an advisory committee; and
WHEREAS, the Avon Town Council finds that special events promote the local community
and character of Avon as well as promote the local economy and that the establishment of a
permanent Cultural, Arts and Special Events Committee will promote the health, safety and
general welfare of the Avon community; and
NOW THEREFORE, the Avon Town Council, hereby RESOLVES to create the
Cultural, Arts and Special Events Committee as set forth in Exhibit A: Cultural, Arts and
Special Events Committee Authority and Procedures, attached hereto.
ADOPTED May 28, 2019 by the AVON TOWN COUNCIL
1)WBy: Attest:
Sarah Smith Hymes, Iti or Brenda Torres, Town Cl
ATTACHMENT A
EXHIBIT A:
CULTURAL, ARTS AND SPECIAL EVENTS COMMITTEE
AUTHORITY AND PROCEDURES
1. Establishment, Purpose and Duties. There is hereby established the Cultural, Arts and Special
Events Committee ("CASE") of the Town. The purposes and duties of CASE are as follows:
a) To provide advice concerning the Cultural Plan for the Town of Avon, as may be amended
from time to time;
b) To review, research and provide guidance and advice on culture, arts and special event
programming in the Town of Avon;
c) To review applications for Town funding allocated for special events and provide
recommendations to the Avon Town Council, and to develop applications forms and
procedures and review criteria related to such funding applications;
d) To conduct surveys and prepare reports related to special events as appropriate and as
directed by Council;
e) To attend joint meetings with the Avon Town Council to review past, present and future special
events, review and evaluate implementation of the Cultural Plan, review annual appropriations
to support culture, arts and special events, and to review policies, procedures and practices
for culture, arts and special events and CASE; and,
f) To perform such other tasks related to culture, arts and special events in or near Avon as the
Avon Town Council may direct.
2. Membership. CASE shall be composed of seven (7) Voting Members and two (2) Ex -Officio Non -
Voting Council members appointed by Council.
3. Qualification of Voting Members. Eagle County residents shall be eligible for appointment as
Voting Members, provided that at least four (4) Voting Members shall be registered electors of the
Town or owners or representatives of an existing business with a physical location and address in
the Town of Avon at the time of their appointment to CASE. Persons having experience with special
events, event site planning and design, culture, arts or local business which is of particular value to
CASE should be preferred over persons who do not. Appointments shall be made by Council in
February, or as soon as thereafter as possible, after posting notice to solicit interested persons.
Council shall appoint four (4) persons in odd numbered years and three (3) persons in even
numbered years to fill Case seats.
4. Qualification of Ex -Officio Non -Voting Members. Council members shall be eligible for
appointment to the two (2) Ex -Officio Non -Voting seats. Appointments shall be made by Council in
January of odd numbered years after the election and seating of Council members, or as soon
thereafter as possible, and shall be made at the same time as appointments of Council members to
other committees. The term of office for Ex -Officio Non -Voting Members shall be two (2) years until
the bi-annual appointment of Council members to committees. Ex -Officio Non -Voting Members shall
Cultural, Arts and Special Events Committee
Adopted February 26, 2019
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have the equal right to participate at CASE meetings and equal right to receive all CASE materials
and notices of CASE meetings, but shall not have any right to vote on recommendations, advisory
matters, or other actions of CASE.
5. Quorum. Four (4) Voting Members of CASE shall constitute a quorum for the transaction of
business, but in the absence of a quorum, a lesser number may adjourn any meeting to a later time
or date. In the absence of all Voting Members, any staff member may adjourn any meeting to a later
time or date.
6. Term. The term of office for a Voting Member shall be two (2) years on an overlapping tenure. A
Voting Member of CASE who ceases to possess the qualifications for office that the Voting Member
possessed at the time of appointment may be permitted by the Council to serve until the end of the
appointed term, provided that the CASE member continues to reside in Eagle County. A member of
CASE may be removed by Council pursuant to Section 8 Removal from Office, below.
7. Vacancies. A vacancy on CASE shall occur whenever a member of CASE is removed by the
Council, dies, becomes incapacitated and unable to perform the required duties for a period of ninety
90) days, resigns, ceases to meet the qualifications of CASE and is not permitted by Council to
serve until the end of the existing term or is convicted of a felony. In the event a vacancy occurs,
the Council shall appoint a successor to fill the vacancy who shall serve the remainder of the term of
the former member after posting notice of such vacancy to solicit interest from qualified persons.
8. Removal from Office. Any member of CASE may be removed for just cause at the pleasure of the
Town Council by a majority vote of the entire Council in office at the time the vote is taken. Just
cause shall include misconduct, conduct unbecoming of a Town official, violation of the Town Code
of Ethics, inefficiency or more than two (2) unexcused absences within a twelve- month period. Prior
to removal, Council shall conduct a hearing and shall provide written notice to the CASE member
stating the grounds for removal at least three (3) days prior to the hearing.
9. Officers. CASE shall select its own Chairperson and Vice -Chairperson. The Chair or, in the absence
of the Chair, the Vice -Chair, shall be the presiding officer of its meetings. In the absence of both the
Chair and the Vice -Chair from a meeting, the Voting Members present shall appoint a Voting Member
to serve as Acting Chair at the meeting.
10. Compensation. All members of CASE shall serve with compensation and benefits, if any, as may
be established by the Council and shall be reimbursed for all authorized personal expenses incurred
while performing duties as a CASE member.
11. Staff. The Town Manager shall designate Town staff to serve as the staff of CASE and shall provide
for the service of a recording secretary who shall act in the capacity of secretary for CASE.
12. Rules and Regulations. CASE shall operate in accordance with its own rules of procedure;
provided, however, that CASE shall submit its proposed rules or any amendment to the rules to the
Council, which by motion shall approve the rules or amendment and direct their adoption by CASE
or disapprove the proposal with directions for revision and resubmission. The rules shall incorporate
and comply with the Colorado Open Meetings Law, Colorado Open Records Act, and the Colorado
Municipal Records Retention Schedule as such are adopted and implemented by the Town of Avon.
The rules shall be filed with the Town Clerk and maintained in the records of the Town and shall be
Cultural, Arts and Special Events Committee
Adopted February 26, 2019
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subject to public inspection. CASE may provide for certain variances, exceptions and exemptions
from the requirements of its rules and regulations.
13. Meetings. CASE shall meet in accordance with the rules of procedure governing CASE and
otherwise upon the call of the Chairperson or, in the absence of the Chair, by the Vice -Chairperson.
All meetings shall be held at the offices of the Town, unless otherwise specified, with adequate notice
given to all interested parties.
14. Appropriation Authority. CASE shall not have authority to appropriate or spend Town of Avon
funds. CASE may provide recommendations to the Events Manager, Town Manager and/or Avon
Town Council with regard to any annual budget for special events, expenditures related to the annual
applications in response to the special events request for proposal, Town staff support for special
events and capital improvements related to events.
15. Council Amendments. Council reserves the right to amend, increase, reduce or change any or all
of the powers, duties and procedures of CASE.
Cultural, Arts and Special Events Committee
Adopted February 26, 2019
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Cultural, Arts and Special Events Committee
Rules of Order
These Rules of Order establish rules and procedures for Cultural, Arts and Special Events
CASE") Committee meetings. The intent is to set forth rules which are readily accessible and
usable by the CASE Committee members and understandable by the general public.
I. STANDARDS OF CONDUCT FOR CASE COMMITTEE MEETINGS: The CASE
Committee finds that the foundation of municipal democracy rests on open, respectful and
informed discussion and debate balanced with the necessary efficiency required to take action in
the public interest. Reasonable persons will often disagree on many public matters which arise
before appointed officials. The process of discussion and debate is essential to the ability of
appointed officials to render the best decisions possible for the Avon community. The following
standards of conduct are considered the minimum standards for members of the CASE Committee.
A. CASE Committee members shall conduct themselves in a mature manner that is becoming of
public officials, shall respect one another and shall respect members of the public.
B. CASE Committee members shall refrain from profanity, rude behavior or personal attacks and
shall promptly apologize to both the board and the recipient of any such behavior in the event
of a temporary lapse of appropriate behavior.
C. The CASE Committee Chair shall be responsible for maintaining civility, decorum and order
throughout the meeting.
D. Members of the CASE Committee shall not communicate between or amongst themselves by
text message, e-mails or other forms of electronic communication during a CASE Committee
meeting.
E. Members of the CASE Committee shall promptly disclose and announce the sending or receipt
by a CASE Committee member of a text message, e-mail or other form of electronic
communication during a CASE Committee meeting, to or from any person, for any such
communication that concerns a matter on the CASE Committee agenda for that meeting.
II. CHAIR: Every meeting of the CASE Committee shall be presided over by the Chair. If
the Chair is absent the Vice Chair shall preside over the meeting. If the Chair has a conflict of
interest on a matter, then the Vice Chair shall preside over the meeting for such matter. If the Chair
and Vice Chair are absent, or if they both have a conflict of interest on a matter, then a quorum of
CASE Committee members shall appoint an Acting Chair, by motion and vote, who shall then
preside over the meeting or shall preside over such matter for which the Chair and Vice Chair have
a conflict of interest. The Chair shall strive to moderate CASE Committee meetings with
impartiality, shall strive to allow input from all other CASE Committee members on matters before
expressing his or her opinion, and shall refrain from making a motion or seconding a motion until
it is apparent that no other member of the CASE Committee member will do so.
III. AGENDAS: The following rules and procedures shall apply to agendas:
A. The Chair shall determine the agenda in consultation with the CASE Manager. The CASE
Committee may direct items to be included on an agenda. Individual CASE Committee
members may contact the Chair to request inclusion of a matter on an agenda. The Chair
shall consult with the CASE Manager and exercise discretion to determine if the matter
should be included on the agenda as a discussion item or an action item.
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B. After roll call, the CASE Committee shall approve the agenda, by motion, by a majority of
the quorum present with any additions or deletions the CASE Committee deems appropriate.
C. The CASE Committee may take action by motion at any time during a meeting to schedule
discussion or action items on a future agenda which shall be scheduled by the CASE Manager.
IV. MOTIONS: All official CASE Committee actions are initiated by motion. These
following rules and procedures apply to motions. There are two basic motions: action motions and
procedural motions. Only one action motion may be on the floor at a time. A procedural motion
may be proposed, discussed and acted upon when an action motion is on the floor or at any other
time.
A. Basic Motion: The basic motion to take action is stated as, "I move to ...." Every motion
requires a second. Once a motion is made no further discussion can continue until a second
is made to support the motion.
B. Discussion: All CASE Committee members have the right to discuss the motion on the floor.
Discussion cannot be concluded unless (1) all CASE Committee members present consent
or (2) a majority of CASE Committee members present approve a procedural motion to "Call
the Question" and end debate.
C. Withdraw a Motion: The maker of a motion may choose to withdraw the motion at any
time prior to the vote on the motion and may interrupt a speaker to withdraw the motion and
consent of the CASE Committee member who seconded the motion is not required. The
motion is immediately withdrawn; however, the Chair may then ask the CASE Committee
member who seconded the withdrawn motion and any other CASE Committee member if
such CASE Committee member wishes to make the motion.
D. Amendment to Motion: Any CASE Committee member may request an amendment to a
pending motion. The maker of the pending motion and CASE Committee member who
seconded the motion must consent to the proposed amendment. Any CASE Committee
member may also propose a substitute motion to a pending motion which also requires
consent of the maker of the pending motion and the CASE Committee member who seconded
the pending motion.
E. Procedural Motion: A procedural motion may be made at any time and may impose or
modify any procedural rule provided that such procedure is not in conflict with the Avon
Home Rule Charter, any ordinance adopted by the Town, or any applicable state law.
Procedural motions require a majority vote of the quorum present.
F. Motion to Call the Question or End the Discussion: A motion to "call the question" (also
known as a motion to end the discussion) is a procedural motion to end debate and discussion.
A motion to call the question cannot be made until each CASE Committee member has had
at least one reasonable opportunity to ask questions and express his or her opinion on the
matter. Once a motion to call the question is made and seconded, it shall be the Chair's
discretion to allow any further discussion on such procedural motion for the purpose of
clarifying any technical, procedural or legal issue related to the procedural motion. A motion
to call the question requires a majority vote of the quorum present. Once a motion to call the
question is approved, the pending action motion on the floor must be voted upon promptly
or, if no action motion is pending, the Chair shall proceed to the next agenda item.
G. Motion to Continue: A motion to continue an agenda item must include a specific future
CASE Committee meeting date, time and place for the continued matter to be considered
again without re -noticing a required public hearing.
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H. Motion to Table: A motion to table places the agenda item on hold and does not require a
specific time for the return of the agenda item.
I. Motion to Suspend Rules: A motion to suspend rules may allow suspension of any rule in
these Rules of Order. Such motion may be made and requires a supermajority vote of a
majority of the quorum present plus one for approval. A motion to suspend rules may not
supersede the procedural requirements of the Avon Home Rule Charter, any ordinance
adopted by the Town, or any applicable state law.
J. A Motion to Reconsider: A Motion to Reconsider allows the CASE Committee to
reconsider a vote on a matter. A Motion to Reconsider may only be made and considered by
a member of the CASE Committee who voted in the majority on the motion which is
proposed for reconsideration.
V. MEETING CONDUCT
A. Point of Privilege: A CASE Committee member may interrupt the speaker to raise a matter
related to the comfort of the meeting, such as room temperature, distractions, or ability to
hear speaker.
B. Point of Order: A CASE Committee member may raise a Point of Order at any time that
the Chair permits meeting conduct which does not follow these Rules of Order or otherwise
fails to maintain civility and decorum by the CASE Committee and the general public.
C. Appeal: A CASE Committee member may move to appeal the ruling of the Chair on any
procedural matter or other decision related to the conduct of the meeting. If the motion is
seconded and, after debate, if such motion passes by a simple majority vote of the quorum
present, then the ruling or conduct of the Chair shall be overruled and reversed.
D. Call for Orders of the Day: A CASE Committee member may call for Orders of the Day
when such CASE Committee member believes that CASE Committee discussion has strayed
from the agenda. No second or vote is required. If the Chair does not return to the agenda,
then such ruling may be appealed.
E. Adjournment: The Chair may announce the meeting adjourned when there are no further
items on the agenda which have not been addressed. The CASE Committee may adjourn a
meeting at any time by motion, second and approval by a majority of the quorum present.
VI. PUBLIC COMMENTS: CASE Committee agendas shall include a general item labeled
Public Comment" near the beginning of all CASE Committee meetings. Members of the public
who wish to provide comments to the CASE Committee 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 CASE Committee in advance of the CASE Committee meeting. The Chair shall
permit public comments during any agenda item and may limit public comment to three minutes
per individual, which limitation may be waived or increased by a majority of the quorum present.
VII. REMOTE TELEPHONEIVIDEO MEETING ATTENDANCE: A member of the
CASE Committee may participate in a CASE Committee meeting by Remote Attendance only in
accordance with this section. Remote Attendance shall be made available and shall be limited as
follows:
A. A CASE Committee member may participate by Remote Attendance only when such
member's absence would otherwise constitute an excused absence. An excused absence
shall include but not be limited to the inability to physically attend due to unavoidable travel
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schedule conflicts which are communicated to the CASE Manager in advance of a meeting
and unanticipated emergencies or accidents which render physical attendance not possible.
B. CASE Committee must approve by a majority vote of the CASE Committee members
physically present to allow a CASE Committee member to participate by Remote
Attendance.
C. The communication equipment and connections must be sufficient to allow clear,
uninterrupted two-way communication between the Remote Attendee and all participants
physically present at a CASE Committee meeting.
D. Multiple CASE Committee members may participate by Remote Attendance if the
communication equipment is sufficient to allow clear, uninterrupted two-way
communication.
E. The CASE Committee may discontinue Remote Attendance at a meeting when a majority
of the CASE Committee members physically present find that communication equipment
or connection is inadequate and results in noise, poor sound quality, delay or lost
connections.
F. Remote Attendance shall constitute physical attendance for purposes of establishing a
quorum. Meeting minutes shall acknowledge any Remote Attendance. Motions, votes and
other actions of a remote attendee shall be the same as if CASE Committee member
physically attended the meeting.
G. Non -CASE Committee members may participate by Remote Attendance when the
majority of the CASE Committee members determine that Remote Attendance is
necessary for the consideration of business presented to the Town, such Remote
Attendance would not violate the policies set forth above, the public interest would be
harmed, threatened or diminished by continuation of the business item, and good cause
exists for the inability of the non -CASE Committee member Remote Attendee to
physically attend.
H. The Town shall provide reasonable accommodation and shall waive or modify this policy
to provide handicapped CASE Committee members full and equal access to CASE
Committee meetings.
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CASE COMMITTEE
BRAND AMBASSADOR
Brand Ambassador for Avon’s Culture, Arts & Special Events Page 1
Updated: April 2020
POSITION TITLE: BRAND AMBASSADOR
DIVISION: CULTURE, ARTS & SPECIAL EVENTS
DEPARTMENT: GENERAL GOVERNMENT
POSITION TYPE: VOLUNTEER
MONTH AND YEAR: APRIL 2020
GENERAL STATEMENT
Avon is requesting the CASE Committee act as ambassadors representing our brand at Town produced
and third-party produced culture, art, special events and activations. Ambassadors ideally will have
flexibility in their availability to attend multiple events during their two-year term.
You play an important role at Avon’s events and belong to a team that makes a positive difference in our
community, the success of our events and our ability to meet our strategic goals. Your ability to build and
sustain loyal, long-term relationships within our business, residential and visitor community is paramount.
You are the "Bridge between our municipal staff and our community."
KEY CHARACTERISTICS OF A SUCCESSFUL EVENT AMBASSADOR:
o Friendly, approachable and outgoing
o Knowledgeable about our community - 'Be Invited In'
o Knowledgeable about Avon’s event and it’s event policies & resources
o Highly personable and engaging
o Ability to build relationships
o Dynamic leadership skills
o Passionate for Avon
o Influential
RESPONSIBILITIES AND DUTIES:
Key responsibility is to further the success of our events by engaging with community members through
personal and genuine interactions.
o Attend multiple events and activations during two-year term as requested by the committee and/or
events team.
o Approach and welcome attendees during the event/activation.
o Bring the CASE Committee vision, culture, and values to life in every interaction by sharing expertise
and enthusiasm for Avon’s events.
o Develop relationships with our community members and visitors and encourage them to return to
experience other events.
o Maximize event attendance by driving awareness of events through your resources and/or channels
o Stay up to date on Town initiatives, programming and services.
o Share feedback, experiences and ideas with the CASE Manager via email and with the CASE
Committee during scheduled public meetings.
o Follow all policies, processes, and relevant government regulations
o Perform other related duties as assigned and required by the committee and/or events team
ATTACHMENT B
West Beaver Creek Blvd. , Avon, CO 81620
Justin T. Chesney , CMP
Professional Summary
To hone my experience as a Director of Meetings and Special Events and to continue to provide
excellent service to my clients and team, while also using my leadership skills to further the success
of my coworkers and company.
Experience
10/22 – Present Marriott International, Inc. Avon, CO
Director of Meetings and Special Events Planning , The Ritz -Carlton, Bachelor Gulch
Plan and manage resort events, including weddings, social events, corporate incentives and conferences in a
180 room, mountain destination property with over 34,000 square feet of indoor and outdoor event space.
Oversee all department Banquet Forecasting and Budgeting for a Budget of $10M.
Drive Food and Beverage, and Resource Sales by upselling new and creative menus, drinks options, décor
ideas and available activities. Surpassed Budget by 226% in 2021, 115% in 2022, and 137% in 2023.
Oversee a department consisting of (1) Senior Event Manager, (1) Event Manager, (1) Event Coordinator,
(1) Group Reservations Coordinator, as well as all outside vendors/partners.
Drive group guest and meeting planner engagement scores. Personal achievement of 100% meeting
planner satisfaction for all metrics in 2022 and 94.7 % Intent-to-Recommend and 100% On-Site Event
Experience in 2023. Currently achieving 100% satisfaction in all metrics for 2024.
Meetings & Special Events Team Overall Achieved Year-To-Date Intent to Recommend score of 92.9%
and Planning: Overall Experience score of 85.7% in 2022; Achieved 94.4% Intent-to-Recommend score
and 100% On-Site Event Experience score for 2022. Achieved 80% Intent-to-Recommend score and
87.1% On-Site Event Experience score for 2023. Currently achieving 100% satisfaction in all metrics for
2024.
Professional Presence Trainer for all new-hire Ladies and Gentlemen– Appearance, Language and
Behavior
Develop and implement department and property SLOPs. To include: Menu Tastings, Resume
Meeting, In-House Meetings, Credit Meeting, Delphi and CI/TY Standards, Me eting Planner Coin
Program.
Drive Employee Satisfaction. Achieved 100% Employee Engagement in 2021, 2022 and 2023 for
the Meetings & Special Events Department.
Created and implemented Complete Meeting Package Menus for groups under 25 attendees and the
Resort Group Activity Brochure to keep groups on-site for activities.
Developed the Golden Coin program for employee recognition.
Certifications/Associations
International Luxury Hotel Association (ILHA) Operational Communication Committee, April 2024
– Present
Mountain Pride Board President, February 2022 - Present
Cultural, Arts & Special Events (CASE) Committee Chairman, Town of Avon, March 2024 – Present
Cultural, Arts & Special Events (CASE) Committee Vice-Chair, Town of Avon, March 2021 –
March 2024
Certified Meeting Professional (CMP), January 2021
Awards/Achievements
Five-Star Leader of the 3rd Quarter, 2024 Nominee
2024 Smart Stars Winner – Best Mountain / Ski Resort
Five-Star Leader of the 1st Quarter, 2024 Nominee
2023 MIC Leadership Award Nominee
2023 CHLA Stars of the Industry Award Winner, December 2023
CVENT Excellence Award Winner, The Clever Collaborator, July 2023
Five-Star Leader of the 1st Quarter, 2023 Nominee
Smart Meeting, Platinum Choice Award Winner – The Ritz-Carlton, Bachelor Gulch
Senior Leadership Gold Star Award Recipient, February 2023
Five-Star Leader of the Year, 2022 Nominee
Five-Star Leader of the 4th Quarter, 2022 Winner
Justin T. Chesney
12/18 – 10/22 Marriott International, Inc. Avon, CO
Associate Director, Meetings and Special Events, The Ritz -Carlton, Bachelor Gulch
Plan and manage resort events, including weddings, social events and corporate incentives and conferences
in a 180 room, mountain destination property with over 34,000 square feet of indoor and outdoor event
space.
Oversee department banquet forecasting and budgeting.
Drive Food and Beverage, and Resource sales by upselling new and creative menus, drinks options, décor
ideas and available activities. Surpassed Budget by 226% in 2021.
Oversee a department consisting of (1) Event Manager, (1) Event Supervisor, (2) Event Coordinators, (1)
Group Reservations Coordinator, as well as all outside vendors/partners.
Accurately forecast rooms revenue. Achieved Year-To-Date forecast accuracy score of 6.8% with 136 days
forecast.
Drive group guest and meeting planner engagement scores. Achieved Year-To-Date Intent to Recommend
score of 92.9% and Planning: Overall Experience score of 85.7% in 2019 and currently 100% Intent to
Recommend score for 2022
Created and implemented Complete Meeting Package Menus for groups under 25 attendees and the
Resort Group Activity Brochure to keep groups on-site for activities
Assisted with developing and implementing department and property SLOPs. To include: Menu
Tastings, Resume Meeting, In-House Meetings, Credit Meeting, Delphi and CI/TY Standards,
Meeting Planner Coin Program
Developed the Golden Coin program for employee recognition
Drive Employee Satisfaction. Achieved 100% Employee Engagement in 2019 and 2021
Certifications/Associations
Mountain Pride Board President
TIPs Certified, March 2021
Cultural, Arts & Special Events (CASE) Committee Vice-Chairman, Town of Avon, March 2021
Cvent Event Diagramming Certified, February 2021
Certified Meeting Professional (CMP), January 2021
Founding Committee Member, Eagle County Pride
Contract Law Certified, Harvard University
Ordained Minister, The Universal Life Church
ServSafe Certified
Marketing Committee
Peer Review Board Certified, September 2022
Awards/Achievements
Wedding Featured in Rocky Mountain Bride, October 2022
Nominee for Five-Star Manager of the 3rd Quarter, 2022
Manager of the Month, September 2022
Wedding Featured in BRIDES, August 2022
Nominee for Five-Star Manager of the 1st & 2nd Quarter, 2022
Top Performing Property for 2021, US/Canada
Received a personalized Thank You note from Former President Bush for assisting with his
appearance during a Resort buy-out.
Nominee for Five-Star Manager of the 2nd Quarter, 2019
Photo of the Resort featured in Forbes Travel Guide’s “Where to Travel in August” article, August
2019
10/17 – 12/18 Marriott International, Inc. Marana, AZ
Justin T. Chesney
Senior Manager, Meetings and Special Events , The Ritz -Carlton, Dove Mountain
Plan and manage resort events, including weddings, social events and corporate incentives and conferences
in a 253 room, desert destination property with over 44,000 square feet of indoor and outdoor event space.
Drive Food and Beverage, and Resource sales. Achieved $228.11 per cover in 2018 for a total of
$229,443.00 in upsell.
Accurately forecast rooms revenue. Achieved Year-To-Date forecast accuracy score of 5.6% with 103 days
forecast.
Drive group guest and meeting planner engagement scores. Achieved Year-To-Date Intent to Recommend
score of 88.9% and Planning: Overall Experience score of 100%.
Certifications/Associations
Community Footprints Committee
Peer Review Board
Awards/Achievements
Wedding featured on Grey Likes Weddings website, October 2018
Task Force, The Ritz-Carlton Bachelor Gulch
Task Force, The Ritz-Carlton Georgetown
11/14 – 10/17 Marriott International, Inc. St. Thomas, USVI
Meetings & Special Events Manager, The Ritz -Carlton, St. Thomas
Plan and manage resort events, including weddings, social events and corporate incentives in a 180 room,
beachfront property with over 10,000 square feet of indoor and outdoor event space.
Drive Food and Beverage, and Resource sales. Achieved $440.13 per cover in 2016 for a total of
$847,043.00 in upsell; and $369.79 per cover in 2015 for a total of $612,917.00 in upsell.
Accurately forecast rooms revenue. Achieved 4.6% forecast accuracy in 2016 with 233 days forecast and
5% forecast accuracy in 2015 with 201 days forecast.
Drive group guest and meeting planner engagement scores. Ended 2016 with a Group Guest
Engagement Score of 37.7% and a Meeting Planner Engagement Score of 62.7%. Ended 2015 with a
Group Guest Engagement Score of 47.6% and a Meeting Planner Engagement Score of 81%.
Run departmental meetings: Banquet Event Order and Meeting & Special Events
Oversee banquet forecasting and budgeting
Certifications/Associations
Scenography Committee
Wellness Committee
The Ritz-Carlton Environmental Action Conservation Team (REACT)
Peer Review Board
Awards/Achievements
Leader of the Week, May 2017
Task Force, The Ritz-Carlton Buckhead
Leader of the Week, November 2016
Leader of the Week, September 2016
Wedding featured on MunaLuchi Bride website, November 2015
Hotel of the Year Americas, 2015
Hotel of the Year CALA, 2015
Meetings & Special Events Team increased Individual Group Guest Engagement from 40% to 47.6%
in 2015. Hotel overall achieved Yellow Zone status for the first time in the Resort’s history in 2015.
08/12 – 11/14 Marriott International, Inc. Scottsdale, AZ
Event Coordinator, JW Marriott Camelback Inn Resort and Spa
Event logistics and operations for medium to large groups in a 453 room resort with over 90,000 square feet
of indoor and outdoor event space
Manage the planning phase with clients prior to their event
Ensure the day of event execution runs seamlessly by collaborating with other departments while following
established procedures
Forecast event revenue and room block pick-up
Assist Senior Event Manager
Certifications/Associations
Event Planning Standards Certified
Justin T. Chesney
Event Operations Certified
Green Meeting Planner Certified
Wedding Planner Certified
Camelback Inn Leadership Academy Certified
Safety Committee
Peer Review Board
Education
08/09 – 05/10 Northern Arizona University Flagstaff, AZ
Bachelor’s Degree, Hotel and Restaurant Management
4.0 GPA
08/07 – 05/09 Scottsdale Community College Scottsdale, AZ
Associate’s Degree, Hotel and Restaurant Management
4.0 GPA
References
References are available on request.
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
APPLICATION FOR THE
TOWN OF AVON
CULTURAL, ARTS AND SPECIAL EVENTS (CASE) COMMITTEE
DEADLINE FOR APPLICATION: JANUARY 17, 2025
Introduction: The CASE Committee was approved by the Avon Town Council on May 28, 2019, by Resolution 19-12
to act as an advisory group providing advice concerning (1)the development and implementation of the Cultural, Arts
and Special Events Strategic Plan; and (2)the programming of cultural, arts and special events for the Avon
community. The nine-person Committee is comprised of seven voting members and two non-voting members. Each
term is 2 years in length and currently, there are no term limits. The Committee meets in person with a virtual option
for 90 minutes on the third Thursday of each month between 12:30 p.m. and 2:00 p.m. The date and time are subject
to change.
Name:____________________________________________________________________________________
Occupation, Place of Employment & Title:
__________________________________________________________________________________________
Mailing Address:____________________________________________________________
Physical Address: _________________ _________________________________________________
Phone:_____________________________________________________________________
Email:________________________________________________________
Eligibility:
1.Resident of Eagle County.
2.Registered electors of the Town of Avon or owners or representatives of an existing business with a physical
location and address in the Town of Avon at the time of their appointment.
3.Commit to a two-year term of volunteer service.
Considering the three categories of CASE oversight (cultural, arts, and special events), which category
interest you the most and why:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Gregg Cooper
Retired. (Vail Volunteer Host 2024-25 season.)
Riverfront Lane, , Avon, CO 81620
, Buena Vista, CO 81211
Thank you very kindly for your consideration. My interest lies in the continuous improvement of our
great Town. Culture, arts, and special events are all equally necessary (please) creating a place we want to live and visit.
I acknowledge interest in the possibilities with the fire station. This seems an opportunity of a lifetime.
For culture and special events, I have been peripheral to conversations regarding options particularly concerts.
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
Explain your process when developing strategy for your company or team?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
What unique contribution (talents, skills, knowledge) could you make to the Committee?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Do you have any prior volunteer board or committee experience? If so, please explain.
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Do you have experience in developing arts and/or culture strategic plans and/or programming?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
What are you passionate about?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Speaking generally please, it's necessary to 1) define where you are, 2) define where you want to go
I've spent 9 years in Saudi Arabia designing industries. Arts and Culture was one of them,
particularly the Ithra King Abdullaziz World Cultural Center. The building is made with one coil,
extremely expensive, yet has the business plan to be self sustaining. I am also on several other boards,
Accountability and Advisory Committee (DAAC).
Currently please: Town of Avon Downtown Development Authority (DDA) and Eagle County School District
The Saudi Arabia 2030 plan calls for industry growth including arts. Throughout the kingdom, art and learning
It's an amazing building: https://www.ithra.com/en. Also of interest maybe as a case study: https://museumofthefuture.ae/en
In this context, I will speak specifically please. I believe the standard of living should be much (much) higher.
and 3) design the journey to get there. I believe a plan supports this.
two locally being the DDA and EC DAAC (more below), so hope I can offer this perspective as well.
centers were designed. I looked at many, but will keep specific to Ithra. The creation and cost of a building, and the cash
flow is important of course, but also measurements on how to know if learning is taking hold.
Thank you again.
I engage in activities that make this occur and CASE is an absolute 'Cadillac' to get there.
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
Is there anything else we should know about you?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Attachments:
Attachment A - CASE Committee Brand Ambassador - Responsibilities
Attachment B - Resolution 19-12 Approving a Cultural, Arts and Special Events Committee
Attachment C - Rules of Order
Thank you for your consideration.
Gregg Cooper
Mailing:
Avon, CO 81620 Houston, TX 77008
Mobile: +1
Summary
Shareholder representation, company management, economic growth, international M&A, divestitures, and EBITDA
improvement. More than fifty countries.
Languages: Native English, basic Russian, basic Spanish.
Achievements
Finance Shareholder Representative for Saudi Aramco to Johns Hopkins International Joint Venture (JHAH)
Finance Shareholder Representative for Saudi Aramco to Saudi Aramco Aviation Company
Saudi Aramco Investment Committee – Finance steward-presenter of investment presentations
Saudi Aramco Aviation Company Interim CFO (pre-establishment)
Saudi Aramco CFO Program Member
Interim CEO / CFO for Mexico aviation company; 14% EBITDA improvement and sale of company
Interim CEO CFO for Mississippi lease acquirer raising capital and establishing NewCo
Interim CFO for a PE firm acquiring a $160mm revenue subsidiary and stablishing NewCo
Recent Economic Initiatives
• Medical
• Aviation
• Solar
• Hydrogen by-product market
• Housing
• Education
• Traffic
Professional Affiliations
73R, LLC Board of Directors, 2002 to present , President 2018 to present
Seasons at Avon, Board of Directors, 2021 to present
Eagle County Republican Central Committee Board of Directors, 2023 to present
Denver Academy Board of Trustees, 2011 to 2017, (Finance Committee Chair 2012 to 2013)
Education
Thunderbird, School of Global Management, with honors
The American University, Washington, D.C.
Gregg Cooper
Mobile:
E-mail:
Page 2 of 3
Experience
Saudi Aramco 2014 – April 2023
Mergers & Acquisitions Advisory
Stewarding Investment Committee with approximately four transactions per week and additional three capital
investment decisions.
Group Treasury
Affiliate Treasury cash optimization and Financial Advisor alignment (Financial Institutions)
Shareholder Representative – Saudi Aramco | Johns Hopkins International JV (JHAH)
Leading strategy and operations during rapid market evolution. Stewarded JV and JV C-Suite on behalf of
Shareholder to design and achieve growth.
• Strategic planning for company in 2024 and beyond
• 2020 Strategy with 15% cost reductions, reduction in access time by 45%, and maintaining safety
• Shareholder representative for Partner negotiations
• Redesigned Board of Managers to include independent directors and accommodate Partner ownership changes
Finance Shareholder Representative – Saudi Aramco Aviation Company
Leading carve-out effort for stand-alone entity. Served briefly as interim CFO.
CBIZ, Financial Advisory Services 2012 – 2014
Head of National Practice
Specializing in family businesses with material public holdings.
• Led a national practice for seventh largest firm
• Interim CEO-CFO for a Mississippi lease acquirer raising capital and establishing NewCo
• Interim CFO for a PE firm acquiring a $160mm revenue subsidiary. Established NewCo.
• Facilitated $75mm debt offering
Sirius Solutions 2006 – 2012
Director / Practice Lead - Transaction Advisory Service
• Interim CEO and CFO for Mexico aviation company leading 14% EBITDA improvement and sale
• Transaction advisory practice lead
• Twenty-six due diligence and valuation projects in five years
• Implemented Lean Six Sigma program yielding $10mm annual EBITDA improvement
• Managed quarterly financial reporting process and final Form 10-K/Q reviews for $1B to $80mm revenue public
filers; US GAAP, Canadian GAAP and IFRS
• Designed $400M revenue CFO organization (carve-out)
• Advised oilfield aviation company on US reporting standards in Aberdeen, Lagos, London, and Perth
Lyondell Chemical Company 2004 – 2006
Manager
• European based – December 2004 to December 2005
• Led European divestiture team evaluating plants and sites to be sold, closed, or those requiring additional capital
requirements. Sites included France, The Netherlands, and Brussels. ($4B in total assets)
Gregg Cooper
Mobile:
E-mail:
Page 3 of 3
Jefferson Wells International 2003 – 2004
Manager
• IPO valuation for retail service provider for offering memorandum and public filings
• Treasury risk program for a $1B portfolio and refined a risk calculation for a $61B portfolio
Enron Corporation 2000 – 2001
Manager
• $1.5B hedge book for US / Canada wholesale power, natural gas, coal, weather, and interest rates
Exxon Mobil / Exxon Company International 1998 – 2000
MBA Rotational Program
• Exxon Sub-Committee member for the ExxonMobil merger, designing US gas marketing strategy
• Reviewed operations (>$1B) for Yemen, Angola, Kazakhstan, Russia, California, Guyana, Brazil, Sao Tome,
Chad / Cameroon and Nigeria
Professional Affiliations
73R, LLC Board of Directors, 2002 to present, President 2018 to present
GCO Capital, Inc. Board of Directors, 2013 to present
Seasons at Avon, Board of Directors, 2021 to present
Eagle County Republican Central Committee Board of Directors, 2023 to present
MF5, Inc., Board of Directors, 2001 to 2019
Denver Academy Board of Trustees, 2011 to 2017, (Finance Committee Chair 2012 to 2013)
Post Oak Community Association Board of Trustees, 2014
Dhahran Tennis Association, Board of Directors 2021 to 2023, Treasurer and League Chair
Arabian Kennel Club, Board of Directors, 2015 to 2018, Secretary
Education
Thunderbird, School of Global Management
Masters in International Management
Robert D. Foglesong Scholarship Recipient
The American University, Washington, D.C.
Bachelor of Business Administration, Communications, Law, Economics, and Gover nment, Minor in Soviet Studies
Client List
Advisory Client List
Anadarko Atlas Fluid Controls Bristow Group
Cardtronics CITGO Duke Energy Field Services
Energy Partners Limited Flotek Global Infrastructure Partners
Grant PrideCo Heliservicio Campeche SV Houston Exploration Company
Icahn Enterprises Independence Contract Drilling Leap Wireless
Marathon Oil Maritime International Merrill Lynch Commodities
Microsoft Next Decade, LLC Osyka Oil
PSC, LLC PSC Metals Quanex
Red Oak RigNet Rockwater
Ryan Family Trust Spinnaker Exploration Sterling Construction
Washington Mutual WestPoint Home Xtreme Coil Drilling
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
APPLICATION FOR THE
TOWN OF AVON
CULTURAL, ARTS AND SPECIAL EVENTS (CASE) COMMITTEE
DEADLINE FOR APPLICATION: JANUARY 17, 2025
Introduction: The CASE Committee was approved by the Avon Town Council on May 28, 2019, by Resolution 19-12
to act as an advisory group providing advice concerning (1) the development and implementation of the Cultural, Arts
and Special Events Strategic Plan; and (2) the programming of cultural, arts and special events for the Avon
community. The nine-person Committee is comprised of seven voting members and two non-voting members. Each
term is 2 years in length and currently, there are no term limits. The Committee meets in person with a virtual option
for 90 minutes on the third Thursday of each month between 12:30 p.m. and 2:00 p.m. The date and time are subject
to change.
Name: ____________________________________________________________________________________
Occupation, Place of Employment & Title:
__________________________________________________________________________________________
Mailing Address: ___________ ___________________________________________________________
Physical Address: ___ _______________ __________________________________________________
Phone: ________________________________________________________________________
Email: _____________________________________________________________
Eligibility:
1. Resident of Eagle County.
2. Registered electors of the Town of Avon or owners or representatives of an existing business with a physical
location and address in the Town of Avon at the time of their appointment.
3. Commit to a two-year term of volunteer service.
Considering the three categories of CASE oversight (cultural, arts, and special events), which category
interest you the most and why:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
Explain your process when developing strategy for your company or team?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
What unique contribution (talents, skills, knowledge) could you make to the Committee?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Do you have any prior volunteer board or committee experience? If so, please explain.
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Do you have experience in developing arts and/or culture strategic plans and/or programming?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
What are you passionate about?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
Is there anything else we should know about you?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Attachments:
Attachment A - CASE Committee Brand Ambassador - Responsibilities
Attachment B - Resolution 19-12 Approving a Cultural, Arts and Special Events Committee
Attachment C - Rules of Order
Alejandro Cerda
Cell: | Email:
___________________________________________________________________
PROFILE
Dynamic and results-driven hospitality leader with over 15 years of experience in food and beverage management
across luxury hotels and resorts. Proven expertise in overseeing large-scale operations, developing high-performing
teams, and driving revenue growth through innovative strategies. Adept at managing all aspects of F&B operations,
from menu development and cost control to guest satisfaction and employee engagement. Fluent in English and
Spanish, with a strong background in both international and domestic markets.
KEY SKILLS
• Food & Beverage Operations Management
• Revenue Generation & Cost Control
• Budgeting & Financial Forecasting
• Team Leadership & Staff Development
• Strategic Planning & Execution
• Menu Development & Concept Creation
• Inventory & Procurement Management
• Guest Service Excellence
• Compliance & Safety Standards
• Multilingual: Fluent in English and Spanish;
Proficient in French and Italian
PROFESSIONAL EXPERIENCE
The Westin Riverfront Resort & Spa — Avon, CO
Director of Food & Beverage
November 2021– Present
• Oversee a $10M annual revenue operation, including multiple dining outlets, in-room dining (IRD),
banquets, catering, and poolside services.
• Manage a team of 120 service professionals, including 12 department managers, across diverse F&B
departments, ensuring high standards of service, operational efficiency, and guest satisfaction.
• Lead the development and implementation of strategic plans aimed at increasing revenue, improving guest
satisfaction, and enhancing operational performance across all F&B outlets.
• Direct the creation and execution of dynamic seasonal menus and specialty food & beverage offerings,
resulting in a 15% year-over-year increase in overall food and beverage sales.
• Responsible for preparing and analyzing P&L reports, forecasts, and financial trends, providing actionable
insights to the executive team to support budget planning and cost control initiatives.
• Drive revenue growth by designing and launching innovative marketing initiatives, including seasonal
promotions, special events.
• Develop and mentor a leadership team of department heads and managers, fostering a collaborative
environment focused on achieving operational excellence and guest satisfaction.
• Establish and enforce operational procedures and health/safety protocols to maintain the highest standards
of cleanliness and compliance with all local, state, and federal regulations.
• Lead guest experience initiatives, ensuring all food & beverage operations deliver exceptional service quality,
resulting in consistently high guest satisfaction scores on platforms such as OT and internal guest surveys.
• Foster strong working relationships with the culinary team to ensure alignment on menu development, cost
management, and food presentation standards.
• Spearheaded the implementation of a sustainable sourcing program, incorporating locally grown and organic
ingredients to support the resort’s sustainability goals and appeal to eco-conscious guests.
• Collaborate closely with the resort’s marketing and sales teams to coordinate large-scale events, weddings,
and corporate functions, ensuring seamless execution and creating memorable guest experiences.
• Oversaw the successful rebranding and renovation of key outlets, creating new concepts that resonate with
guests and increase overall profitability.
Kimpton Hotel Monaco — Pittsburgh, PA
General Manager of F&B
August 2020 – November 2021
• Overseeing $15m annual revenue operation (Banquet, Bar, Restaurant, Rooftop-Bar, IRD and Mini Bar)
• Responsible of guiding a team of 60 services professionals
• In charge of P&L reports, forecasts and trends
• Annual creation of financial objectives and budget for all outlets. In addition to ongoing expense
management and re-forecasting exercise
• Manage business through rapidly changing Covid environment (adjustment of labor levels, introduction of
new technologies/protocols and coordination with local officials) all to adapt to ever-changing demand
Kimpton Muse Hotel — New York City, NY
General Manager of F&B
September 2017 – August 2020
• Oversaw a $4M annual revenue operation, including Banquet, Bar, Restaurant, In-Room Dining (IRD), and
Mini Bar, ensuring high operational standards across all outlets.
• Directed and mentored a team of 30+ staff, promoting a culture of teamwork, accountability, and
exceptional guest service.
• Spearheaded revenue-boosting initiatives, including menu enhancements, large event bookings, and effective
upselling strategies.
• Developed and executed annual budgets, P&L reports, and financial forecasts, consistently meeting or
exceeding profitability targets.
• Improved operational efficiency by implementing cost control measures, reducing food and beverage costs
while maintaining quality standards.
• Collaborated with the marketing department to create promotions and marketing plans that successfully
increased F&B revenue.
Assistant General Manager of F&B
September 2016 – September 2017
• Assisted in the development and implementation of operational strategies to enhance service quality and
profitability.
• Played a key role in planning and executing seasonal menus and beverage programs, leading to a 6%
decrease in liquor costs through effective inventory management.
• Ensured compliance with health and safety regulations, driving a 100% rating on health inspections and
safety audits.
• Supported daily F&B operations by leading staff training programs, focusing on service standards, safety,
and customer satisfaction.
Hyatt Regency Jersey City — Jersey City, NJ
F&B Outlets Manager
December 2015 – September 2016
• Managed F&B operations across multiple outlets, including fine dining, casual dining, and catering services.
• Developed long-term strategic plans for F&B outlets, including menu rotations, cost analysis, and staff
development programs.
• Partnered with the executive chef to create unique, seasonal menus, resulting in increased guest satisfaction
and repeat business.
• Analyzed financial reports to identify areas for improvement, implementing targeted cost-control initiatives
and improving overall profit margins.
Andaz 5th Avenue — New York City, NY
Restaurant Manager
May 2014 – December 2015
• Managed day-to-day operations of multiple dining outlets, including overseeing all aspects of service,
staffing, and guest relations.
• Increased F&B sales by developing and executing successful event planning strategies, including large
corporate meetings and social gatherings.
• Reduced beverage costs by improving cocktail program management and inventory control, contributing to
a 10% increase in overall F&B profitability.
• Enhanced guest experiences by collaborating with the culinary team to create innovative menus that
reflected local and seasonal ingredients.
Assistant Banquet Manager
September 2013 – May 2014
• Led and motivated the banquet team to deliver exceptional service during large-scale events and meetings.
• Implemented operational strategies to ensure seamless execution of functions, while maintaining high
standards of food quality and presentation.
• Oversaw banquet and catering logistics, ensuring compliance with client specifications and health
regulations
Park Hyatt Beaver Creek Resort and Spa — Beaver Creek, CO
Restaurant Supervisor
December 2011 – May 2012
• Oversaw a team of 54 employees across 4 outlets, ensuring compliance with service standards and
operational efficiency.
• Coordinated daily operations and assisted in the development of menus and promotions that resulted in
increased guest satisfaction and repeat business
W Retreat & Spa — Vieques Island, PR
Restaurant Supervisor
June 2011 – December 2011
• Managed restaurant operations, ensuring high levels of service, guest satisfaction, and operational
performance.
• Implemented staff training programs that improved service delivery and reduced guest complaints by 15%.
Park Hyatt Washington — Washington, D.C.
Operative Internship
June 2009 – June 2010
• Trained new staff and supervised In-Room Dining (IRD) and lounge operations.
• Led wine training and introduced new products in the bar.
EDUCATION
University Iberoamericana — Mexico City, MEX
Bachelor of Science, Tourism and Hospitality Management
Graduation: May 2011
• Concentration: Hotel Management
• Minor: Business Administration
Northeastern University — Boston, MA
International Studies — Summer 2006
• Business Cases, Business English
CERTIFICATIONS
• CPR, First Aid & AED Certified
• Food Protection Certified
TECHNICAL SKILLS
• Software: Microsoft Office, Micros (EMC, EMS), POS Systems, Opentable, Opera
• Languages: Fluent in English and Spanish, Proficient in French and Italian
APPLICATION FOR THE
TOWN OF AVON
CULTURAL, ARTS AND SPECIAL EVENTS (CASE) COMMITTEE
DEADLINE FOR APPLICATION: JANUARY 17, 2025
Introduction: The CASE Committee was approved by the Avon Town Council on May 28, 2019, by Resolution 19-12
to act as an advisory group providing advice concerning (1) the development and implementation of the Cultural, Arts
and Special Events Strategic Plan; and (2) the programming of cultural, arts and special events for the Avon
community. The nine-person Committee is comprised of seven voting members and two non-voting members. Each
term is 2 years in length and currently, there are no term limits. The Committee meets in person with a virtual option
for 90 minutes on the third Thursday of each month between 12:30 p.m. and 2:00 p.m. The date and time are subject
to change.
Name: Danielle McNair
Occupation, Place of Employment & Title: Beaver Creek Lodge Director of Sales & Catering
Work Address: 26 Avondale Lane Beaver Creek, CO 81620
Physical Address: Eagle Road # Avon, CO 81620
Phone:
Email:
Eligibility:
1.Resident of Eagle County.
2.Registered electors of the Town of Avon or owners or representatives of an existing business with a physical
location and address in the Town of Avon at the time of their appointment.
3.Commit to a two-year term of volunteer service.
Considering the three categories of CASE oversight (cultural, arts, and special events), which category
interest you the most and why:
I’ve witnessed firsthand how cultural events and initiatives foster connection, understanding, and pride among
residents and visitors. I am particularly inspired by the use of cultural programming to enhance community
engagement, attract tourism, and provide a platform for local talent and traditions. This alignment between my
professional endeavors and personal passion makes the cultural category a natural and meaningful focus for me.
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
Explain your process when developing strategy for your company or team?
I focus on creating a collaborative and inclusive process that leverages the unique strengths, skills, and
experiences of each team member. I believe that the most effective strategies emerge when everyone has a
voice and feels empowered to contribute their expertise.
What unique contribution (talents, skills, knowledge) could you make to the Committee?
As a 23-year resident of this community, I bring an understanding and appreciation of its unique culture, values,
and needs. My long-term connection to the area gives me a perspective that is rooted in both personal
experience and a genuine commitment to enhancing the community's quality of life. As a Director of Sales, I
have honed my ability to build partnerships, attract resources, and promote initiatives effectively. My role requires
me to think strategically, identify opportunities, and create innovative solutions, all of which are highly
transferable to the work of this committee.
Do you have any prior volunteer board or committee experience? If so, please explain.
Returning CASE Committee Member completed a 2 year term.
Do you have experience in developing arts and/or culture strategic plans and/or programming?
In my role as Director of Sales, I have collaborated with various stakeholders, including local businesses, cultural
organizations, and community leaders, to develop initiatives that highlight and celebrate the unique arts and
cultural offerings of our destination. This has involved identifying key opportunities to integrate cultural
programming into events and conferences, creating strategies to attract visitors, and ensuring that such
programming aligns with the destination's identity and goals.
As a Board Member for Destination Colorado, I was actively involved in shaping strategies that promote
Colorado. This includes fostering partnerships with cities throughout the state, developing marketing campaigns
and events that highlight cultural assets, and contributing to initiatives that drive tourism while preserving and
showcasing the local cultural heritage.
What are you passionate about?
I am passionate about my family, who inspire me daily, and my love for the mountains, where I find peace and
connection to nature. I am committed to wellness, sustainability, and building a strong community, working to
foster a healthy, balanced lifestyle while preserving the environment and bringing people together.
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
Is there anything else we should know about you?
I am a Wife, Mom, Wannabe Athlete, and Head Chef of Team McNair
Attachments:
Attachment A - CASE Committee Brand Ambassador - Responsibilities
Attachment B - Resolution 19-12 Approving a Cultural, Arts and Special Events Committee
Attachment C - Rules of Order
MARIE DANIELLE MCNAIR
P.O. Box Avon, CO 81620
Hospitality Sales Leader with extensive expertise in destination sales & marketing, event management, group conference planning, leisure sales management, and public relations. Proven track record in driving revenue growth, team development, and community integration within the hospitality industry.
Director of Sales & Catering, Kessler Collection, Beaver Creek Lodge, Beaver Creek, Colorado
Current
Strategize and execute annual revenue goals for guestrooms, food & beverage and catering
Manage and develop sales, catering, and banquet teams
Develop strategic business plans to achieve corporate objectives
Oversee budget development and forecasting for rooms & catering
Set goals, establish metrics, and ensure accountability across team
Oversee market development and account management for the US and International markets
Production $13 million in leisure & group revenue
Director of Sales & Marketing, Westin Riverfront Resort & Spa, Avon, Colorado
2022-2024
Responsible for annual total top-line revenue achievement strategy for guestrooms, food &
beverage, outlets, catering, club and spa
Management and development of sales and catering teams for the property
Budget development and forecasting for catering and sales
Goal setting, metrics, and accountability
Collaborate with revenue management on room sales strategy
Develop and lead the marketing, e-commerce, public relations targeted strategic plan
Drive integration within the greater community through both involvement and outreach
Production $30 million in leisure & group revenue
Director of Business Development Viceroy Snowmass, Snowmass, Colorado
2017-2022
Oversee market development and account management for the US and International markets
Design group presentation materials and develop marketing campaigns for group, leisure, and
catering
Develop strategic business plans to achieve corporate objectives
Collaborate with revenue management to increase sales and exceed annual budgets and forecasts
Revenue percentage of goal FY17; 106% FY18; 116% FY19; 106% FY20; 101% resilience &
creativity FY21; 100%
Production of $7.2 million in revenue
Director of Sales & Business Development, DSC an AlliedPRA Company
2016-2017
Financial/insurance corporate and incentive market business development for offices in Vail,
Beaver Creek, Denver, Colorado Springs, Lake Tahoe, Jackson Hole, Salt Lake City, and Park
City
Establish calendar/protocol for consistent outreach to new and existing buyers, planners, account
executives for key accounts and vertical markets
Key account travel in-market to present/educate on destinations
Manage Colorado mountain office staff administration and account directors
Coordinate and host destination site tours
Conducted annual account reviews with top accounts to review production by destination
Exceeded FY16 goals; 125% revenue percentage of goal
Senior Regional Sales Manager, Vail Beaver Creek Resort Properties, Vail / Beaver Creek, Colorado
2013-2016
Market and coordinate for groups and conferences for The Lodge at Vail, The Austria Haus Hotel,
The Arrabelle at Vail Square, The Ritz Carlton Residences, The Pines Lodge, The Osprey in
Beaver Creek and luxury home/condo rentals in Vail, Beaver Creek, Bachelor Gulch, Arrowhead
& Avon for corporate, association and SMERF accounts in the Colorado, Mid-Atlantic and
International Markets
Generate and maintain accounts through prospecting, industry networking, client events and trade
shows
Destination group sales and marketing for all on-mountain venues, activities, Vail Resorts Retail
and Colorado Mountain Express group services
Exceeded FY14 goals; 167% room night percentage and 126% revenue percentage of goal
Exceeded FY15 goals; 130% room night percentage and 146% revenue percentage of goal
Destination Sales Manager, Vail Valley Partnership, the Chamber and Tourism Bureau, Avon, Colorado
2008-2013
Destination Sales and Marketing for the Vail Valley including the resorts of Vail and Beaver
Creek
Market and coordinate for groups and conferences for 26 lodging properties in Vail Valley for
corporate and association accounts in the Colorado, Midwest, Northeast and International Markets
Produced $7.9 million in lodging revenue
Generate and maintain accounts through prospecting, industry networking, client events and trade
shows
Develop and manage sales department budgets
Lead lodging, national partner and account management, plan and execute client events
throughout the US, social media marketing, plan and execute Vail and Beaver Creek Resort
familiarization tours biannually and conduct multi-city site inspections
Customization and development of sales database for group sales department
Director of Membership Sales and Marketing, Sonnenalp Resort, Vail, Colorado
2007-2008
Responsible for all sales, marketing and public relations efforts for the golf club
Exceeded set membership sales goals by doubling memberships from 2006, producing $670,000
membership revenue
Membership relations and services, plan and execute member events and website maintenance
Sales Manager, Kessler Collection, Beaver Creek Lodge, Beaver Creek, Colorado
2003-2007
Market and coordinate groups and conferences for corporate and association accounts in the
Southeast, Northeast and International Markets
Exceeded set sales goals by producing 115% of my goal annually
Generating and maintaining accounts through prospecting, industry networking, client events
and trade shows
SPECIALTIES
Contract Negotiation, Sales Processes, Account Management, Business Analysis, Client Relationships,
Brand Development, Colleague Training and Development, Brand Marketing Partnerships, and
Collaborations
EDUCATION
UNIVERSITY OF GEORGIA, Athens, Georgia
Bachelor of Arts Degree: Grady School of Journalism, Advertising
Bachelor of Arts Degree: Franklin College of Arts and Sciences, Women’s Studies
Associate’s Degree Terry College of Business, Marketing
Professional Development: Master Connections: Sales Strategies for Masters, Master Connections:
Mastering Sales Strategies and American Hotel and Lodging Association: Certified Hospitality Sales
Professional, Dynamic Sales Solutions: Effective Prospecting | Negotiating Skills, Essential Mentoring
Techniques, Conflict Resolution, Team Leadership, Managing Across Generations, Revenue Management
Skills: LightSpeed, CI/TY, SalesForce, KHMS, Opera, Sendsites, Delphi, LMS, Act, Hotel Sales Pro
Enterprise, SBA, Inc, Revenue Management System, Resort Data Processing and Quark
Honors: Viceroy Manager of the Quarter, Vail Resorts Peak Performer, Destination Colorado Peak
Performer Individual of the Year, Vail Resorts Sales Manager of the Quarter, Meeting Professionals
International; Supplier of the Year, Beaver Creek Lodge Manager of the Season, Kessler Sales Team of
the Year, Hope Scholar, Delta Epsilon Iota, Golden Key International Honor Society, Tri-athlete, Ultra
Marathoner, Mother
Professional Memberships: Vail Valley Business Women; Board Member, CASE Committee Town of
Avon, SITE; Event Committee, Destination Colorado; Board of Directors, Green Meetings Industry
Council; Board of Directors, Meeting Planners International; Membership Committee, Colorado Society
of Association Executives; Membership Committee, Hospitality Sales and Marketing Society
International; Past Vail Valley Chapter Board Member, Communications Director, and Financial &
Insurance Conference Planner
Ian Grask
Metcalf Road • Avon, CO 81620 •
WORK EXPERIENCE
Bravo! Vail Music Festival May 2024 - present
Development Manager: Vail, CO
● Manage relationship with portfolio of 120+ donor households representing $450,000+
● Create new corporate benefits pack for 20+ corporate partnerships representing $100,000+
● Engage community with grassroots outreach, non-profit partnerships, and local organizations
● Curate & execute online fundraising auction annually with over 150 items, profiting $125,000
Vail Valley Foundation Oct 2022 - Dec 2023
Finance & Accounting Manager: Avon, CO
● Lead bi-weekly payroll for 200+ employees representing over $200,000
● Modernized account payable process from manual process to current AP solution
● Recorded ticket revenue & expenses across 2 venues approx 70 shows annually
● Reconciled Balance Sheet & General Ledger & 3 bank accounts for month end close
● Monitored corporate credit card expense across 30 cardholder's monthly avg spend $100,000
Ibotta May 2021- Oct 2021
Senior Account Manager: Remote (Chicago, IL)
● Engaged client portfolio of 7 accounts representing 85 CPG brands
● Managed annual campaign spend of $950,000
● Analyzed campaign performance and preemptively provided corrections
● Summarized marketing performance and delivered recommendations on coupon strategy
Farmer’s Fridge
Company FP&A: Chicago, IL Feb 2020 - Mar 2021
● Built weekly cash flow reporting for $500K expenses during early COVID-19 pandemic
● Created Fridge level monthly reporting for 300+ portfolio of fridges
● Monitored advertising and customer acquisition cost to drive profitable customer lifetime value
● Modeled wholesale & retail pilot deals revenue impacts of $60M+
Conagra Brands June 2016 – Feb 2020
Financial Analyst & Senior Financial Analyst: Chicago, IL
● Assisted Finance 2020 team with enterprise system data migration and new SAP system implementation
across 18-month timeline
● Facilitated weekly forecast calls with over 20 business partners discussing key items of forecast
● Led first zero-based budgeting annual operating plan for relevant portfolio of 17 brands
● Monitored payments against marketing liabilities, and utilization rates to ensure conformity to GAAP
EDUCATION
University of Iowa: Tippie College of Business, Iowa City, IA Aug 2012- May 2016
● B.B.A. Finance
● Business Student Ambassador Organization - Paid Student Ambassador
● Delta Sigma Pi - Chapter President during spring of 2015
John Cabot University, Rome, Italy Jan - May 2014
● Italy Reads - Volunteered 20 hours in 10 weeks discussing literature at local Italian high schools
VOLUNTEER & COMMUNITY
SOS Outreach Ski Mentor: Avon, CO Nov 2024 - present
Mountain Pride Volunteer, Pride in the Park: Avon, CO June 2022, ‘23, ‘24
Eagle River Coalition Team Lead, River Clean Up: Avon, CO Sept 2024
YouthPower365 Scholarship Winner Mentor: Avon, CO Dec 2022 - present
L3: Leveraging Local Leaders Participant, First Central Rockies Cohort: Edwards, CO Jan 2024 - present
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
APPLICATION FOR THE
TOWN OF AVON
CULTURAL, ARTS AND SPECIAL EVENTS (CASE) COMMITTEE
DEADLINE FOR APPLICATION: JANUARY 17, 2025
Introduction: The CASE Committee was approved by the Avon Town Council on May 28, 2019, by Resolution 19-12
to act as an advisory group providing advice concerning (1) the development and implementation of the Cultural, Arts
and Special Events Strategic Plan; and (2) the programming of cultural, arts and special events for the Avon
community. The nine-person Committee is comprised of seven voting members and two non-voting members. Each
term is 2 years in length and currently, there are no term limits. The Committee meets in person with a virtual option
for 90 minutes on the third Thursday of each month between 12:30 p.m. and 2:00 p.m. The date and time are subject
to change.
Name: ____________________________________________________________________________________
Occupation, Place of Employment & Title:
__________________________________________________________________________________________
Mailing Address: _______ ________________________________________________________________
Physical Address: ______________________________________________________________________
Phone: _______________________________________________________________________
Email: ___________________________________________________________________
Eligibility:
1. Resident of Eagle County.
2. Registered electors of the Town of Avon or owners or representatives of an existing business with a physical
location and address in the Town of Avon at the time of their appointment.
3. Commit to a two-year term of volunteer service.
Considering the three categories of CASE oversight (cultural, arts, and special events), which category
interest you the most and why:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
PO Box , Vail, CO 81658
Riverside Ct, Avon, CO 81620
Amy Lewis
Grant writer/ Copy writer/ Marketing Consultant - Self Employed working from home office in EagleVail
Special events is the category I'm most interested in because I have lived in Eagle County since 2002. We
were in East Vail until 2013, when we moved to EagleVail. I attend many special events throughout the
valley and I believe it is very important to ensure we are planning diverse events that thoughtfully
compliment the other events within our community. However, I am extremely interested in the arts and
all cultural aspects managed by this committee.
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
Explain your process when developing strategy for your company or team?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
What unique contribution (talents, skills, knowledge) could you make to the Committee?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Do you have any prior volunteer board or committee experience? If so, please explain.
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Do you have experience in developing arts and/or culture strategic plans and/or programming?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
What are you passionate about?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
I am a music and arts lover. I follow current painters, photographers, and musicians. Prior to moving to
Eagle County, I was an art director for Neiman Marcus and Smith+Noble. I have directed photography
teams, managed magazine content and editorials, managed very large fundraising events in my role as
Executive Director for EFEC 2016-2020. I have creative design skills; music, art and cultural knowledge,
and I am a grant writer so I can advise on funding for events.
I have been a very active volunteer for the schools/school district. Prior to being hired as the EFEC
Exec. Director, I was and event volunteer and sat on the board of trustees. I served as silent auction chair
for Wild West Day and I was the key organizer for a collaborative group known as the Behavioral Education
(B.E.) Partners, promoting youth behavioral health throughout ECSD that includes Bright Future Foundation,
Mountain Youth, SpeakUp ReachOut, PEER, My Future Pathways, Mountain Pride, and EFEC.
My arts and culture strategic planning comes from managing creative teams during my art director days at NM.
That included managing the catalogue creative team budgets, hiring freelancers, finding locations and planning the shoots.
I was also an instrumental person in moving EFEC's Project Funway to Dobson Arena. While I was leading EFEC, I
increased event fundraising by more than 25% for three out of the four years I was Exec Director. While I worked on
Vail Valley Magazine, I felt like the magazine team underutilized my skills for managing their creative processes.
I am passionate about community. I love where we live and I am excited about the entertainment concepts that
the Town of Avon can offer our community. I am a music lover and concert goer. I attend art exhibitions and
galleries in almost every place I visit, soaking in the culture of the place I am in. I am passionate about
our local youth and making sure their voices are included in decisions the effect them.
I am definately a team person. I love to collaborate with others and hear new ideas. As you may recall, I am
one of the Avon Skate Coalition organizers. I was able to organize and coordinate 25+ member committee to
provide equity-focused community engagement to the Avon Town Council, CASE, and Planning and Zoning
with a great group of people. We had excellent engagment for the process from Jan - Nov 2023.
I am process oriented, believe in agendas, and understand the importance of creating and managing a budget.
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
Is there anything else we should know about you?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Attachments:
Attachment A - CASE Committee Brand Ambassador - Responsibilities
Attachment B - Resolution 19-12 Approving a Cultural, Arts and Special Events Committee
Attachment C - Rules of Order
As a leader of the Avon Skate Coalition, I want to continue to be involved in the Nottingham Park
improvements. I'm excited to ensure that the Skate Plaza concept includes cultural and artisitc elements
that are unique to our area and appealing to all ages. I really like being an active member of our community.
Seasoned management professional with grant and copy writing skills, brand and campaign
management expertise, direct communications, network marketing, and leadership experience.
Executive Manager V Grant & Copy Writer V Brand Strategist
Summary of Qualifications
• 4 years sole manager of education focused nonprofit, reporting to a board of directors, includes
board and committee management, event organization and all business and program management
• 14+ years as a successful freelance copywriter, content manager, photography art director and stylist
• 10+ years of successful advertising agency experience managing accounts in health care,
community development, real estate, political affairs, post secondary and K-12 education
• 5+ years content strategy and online lead generation for higher education admissions enrollment
• Skilled at managing several projects/programs at a time, coordinating production teams and vendors
• Extensive experience in concept, management and direction for all aspects of advertising and
marketing campaigns with $150K - 300K+ budgets
• 25+ years directing production teams on brand consistency within campaigns and collateral
• Background in layout design and type treatments with a focus on brand consistency
• Proficient in InDesign, Photoshop, WordPress, Google Suite, DonorTools, NationBuilder, and
email marketing platforms Emma and Mail Chimp; can easily adapt to most online platforms
• 4+ years of luxury direct mail catalogue art direction expertise managing half-million dollar
budgets, travel and expenses for photographers, stylists, and models in studio and on location
Select Career Achievements V Abilities
Executive Management, Grant Awards, Brand Strategy V Marketing
• 2021, awarded $291,720 two-year grant for Behavioral Education Partners coalition
• 2020, successfully led the evolution of nonprofit organizational fund raising event resulting in
27.7% revenue increase and 17% attendance increase over previous year, 2019
• 2019, awarded $277,200 two-year grant for Behavioral Education Partners coalition
• 2018, successfully led the venue transition of large scale nonprofit fund raising event to grow
capacity resulting in 34% revenue increase and 22% attendance increase over previous year, 2017
• Communications lead in the launch of a new technology brand in 2008, i3logix in Denver,
Colorado including four subsidiaries: i3results, i3screen, i3ballot and i3output
• Brand/content messaging strategist, and project manager for i3results, a lead generation and
online marketing company serving nonprofit, higher education clients nationwide
• Lead concept, copywriter, brand development and positioning for several Vail Resorts Development
Company luxury real estate projects from 2005-2008 with marketing budgets ranging from $150K-
300K+ resulting in significant ROI for residential and commercial products including Gore Creek
Place, Lodge at Vail Chalets and One Ski Hill Place in Breckenridge
• Launched a successful marketing and PR campaign promoting the combined effort of Vail Resorts
and the Town of Vail’s 5-year improvement and redevelopment plan: Vail’s New Dawn (2005-06)
Marketing V Advertising
• Direct and manage fund raising event advertising and marketing promotions
• Direct communications for grass roots campaigns including messaging and management
V
PO Box , Vail, CO 81658Amy Lewis
• Solid background preparing proposals and answering RFP’s
• Develop and maintain vendor relationships in print, fulfillment, multi-media and online vendors
Copy writing V Editing
• Grant writing for nonprofit programs
• Extensive experience writing direct mail, brochures, websites, direct communications, electronic
media, POP, press releases, and scripts for both radio and TV
• Writing, editing, story and content consultant for private organizations both regional and national
• Managing editor of the Beaver Creek Magazine and brand strategist for the publication’s
re-branding in 2004 and 2005
Art Direction V Photo Styling
• Creative Direction Vail Valley Magazine, Summer 2020 - present (Winter 2023)
• Photo stylist for Kevin Syms Photography, Sun Valley, Idaho shooting the Broadmoor Hotel,
Colorado Springs and Cheyenne Mountain Resort, Colorado Springs: hotel rooms, suites,
restaurants, meeting and reception venues
• Launched a new floor covering brand for the Smith+Noble catalogue company in addition to
art directing and merchandising all of the window treatment catalogues
• Art directed and managed photography teams in New York, Miami, Dallas, Southern California
and Colorado working on Neiman Marcus by mail apparel catalogues, Horchow Home, Horchow
Cooks’ Collection, Horchow Collection, Smith+Noble, and Vail/Beaver Creek catalogues
• Strong conceptual, location and set design skills for product, resort, and publication photography
Experience
Owner August 2007 to Present
Lewis Creative Resources, LLC Avon, CO
Grant Administrator/Program Manager March 2020 to Present
Education Foundation of Eagle County Avon, CO
Executive Director July 2016 to March 2020
Education Foundation of Eagle County Avon, CO
Senior Copywriter V VP Account Services November 2006 to April 2008
Spark Creative Advertising Agency Avon, CO
Client Services Supervisor March through October 2006
Tomsheehan Worldwide Reading, PA
Account Services Manager V Copywriter January 2002 to March 2006
Spark Creative Advertising Agency Avon, CO
Photography Art Director November 2000 to October 2001
Smith+Noble Corona, CA
Graphic Artist V Assistant Art Director V Art Director June 1993 to September 1999
Neiman Marcus Direct Dallas, TX
Education V Certifications
Bachelor of Science in Journalism/Advertising | University of North Texas, Denton, TX, 1993
Certification in Nonprofit Management | Duke University, Chapel Hill, NC, 2018
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
APPLICATION FOR THE
TOWN OF AVON
CULTURAL, ARTS AND SPECIAL EVENTS (CASE) COMMITTEE
DEADLINE FOR APPLICATION: JANUARY 17, 2025
Introduction: The CASE Committee was approved by the Avon Town Council on May 28, 2019, by Resolution 19-12
to act as an advisory group providing advice concerning (1) the development and implementation of the Cultural, Arts
and Special Events Strategic Plan; and (2) the programming of cultural, arts and special events for the Avon
community. The nine-person Committee is comprised of seven voting members and two non-voting members. Each
term is 2 years in length and currently, there are no term limits. The Committee meets in person with a virtual option
for 90 minutes on the third Thursday of each month between 12:30 p.m. and 2:00 p.m. The date and time are subject
to change.
Name: ____Oriana Anderson________________
Occupation, Place of Employment & Title: ______Graphic Designer, 970 Design__________________
Mailing Address: _PO Box , Avon, CO____________
Physical Address: ___W. Beaver Creek Blvd, ______________________
Phone: ________________________
Email: _____________________
Eligibility:
1.Resident of Eagle County.
2.Registered electors of the Town of Avon or owners or representatives of an existing business with a
physical location and address in the Town of Avon at the time of their appointment.
3.Commit to a two-year term of volunteer service.
Considering the three categories of CASE oversight (cultural, arts, and special events), which category
interest you the most and why: Of the three categories, I am most interested in Arts, with Special Events being a
close second. I chose graphic design as a career because it fuses art with practical problem-solving and communication. I
believe public art and community art programs serve a higher purpose than simply making our town more beautiful. Art
can bring the community together and help differentiate Avon from other towns by giving it a unique voice and
perspective. Special Events is a close second for me because I am an avid music lover and enjoy having concerts and
performances right outside my back door. I feel proud when friends from down valley visit to see the Fourth of July
fireworks or skate on Nottingham Lake. In a tourism-based economy, I believe Avon needs unique events to stay relevant
in visitors’ minds. This ensures they spend their dollars at our local businesses, providing stability for those of us who call
Avon home year-round.
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
Explain your process when developing strategy for your company or team?
Working in an agency setting, I adapt my process and strategy to suit each project and client. For instance, designing a
10-page website involves a completely different approach than creating a one-time event poster. That said, my process
always includes these four essential steps: research, ideation, implementation, and revision. First, I research what other
organizations and designers have done to understand the existing landscape and identify opportunities to stand out. Next, I
brainstorm the best way to approach the problem I’m solving. Collaboration plays a key role at this stage, as hearing
diverse opinions and perspectives often leads to stronger ideas. With a clear direction in mind, I move to the
implementation phase, translating ideas into tangible designs. Finally, I present the work to the appropriate audience and
gather feedback. I place great importance on listening to feedback and making revisions because I believe nothing great is
ever designed in a vacuum. To create something truly effective and impactful, you need input from others—it’s the most
critical part of the process.
What unique contribution (talents, skills, knowledge) could you make to the Committee?
Being a designer based in the mountains, most of my clients are in the tourism industry. I have a collective 10 years of
experience in marketing, communication, web and graphic design. I understand what makes a brand stand out in both
good and bad ways. At my current agency, 970 Design, I also work with a lot of government organizations such as the
Town of Vail Economic Development Team, as well as local non-profits such as the Vail Valley Foundation. I understand
the unique challenges these organizations face by being based in a mountain community as well as the positive impacts
they can make when given the right tools and support.
Do you have any prior volunteer board or committee experience? If so, please explain.
Not as a member, but through my work, I have collaborated with several boards and volunteer committees as clients.
Do you have experience in developing arts and/or culture strategic plans and/or programming?
Not directly, but I do develop marketing plans and campaigns for my clients as part of my job. While the subject matter may differ, I imagine there are similarities in both the process and execution.
What are you passionate about?
I am an avid mountain biker and skier, and I enjoy drawing and printmaking in my spare time. I think my fiancé sometimes
gets a bit annoyed with all my side projects—the most recent being hand-drawing, inking, and printing all of our wedding
invitations. No, it’s not saving us money, but it’s bringing me joy and satisfying that constant creative itch I seem to have. If
i'm not working on an art project, then I am training for some sort of athletic event. I've raced 3 half marathons and two
mountain bike races. I would love to compete in the Beaver Creek X-terra someday.
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
Is there anything else we should know about you?
My co-worker, Michal Bednarczyk, encouraged me to apply for this position. He said I am always ranting about
how I think Avon could be doing so much more to stand out to visitors, and this was my opportunity to be part of
the solution. He is right, of course.
I know I don't have much experience in government as part of a board or committee, but I am passionate about
Avon since I bought a condo here 7 years ago. I would like the opportunity to bring that passion, plus my
knowledge of marketing and design to the CASE Committee in hopes that I can contribute to making Avon the
best town to visit, work or live in the Vail Valley.
Attachments:
Attachment A - CASE Committee Brand Ambassador - Responsibilities
Attachment B - Resolution 19-12 Approving a Cultural, Arts and Special Events Committee
Attachment C - Rules of Order
ORIANA
ANDERSON
Education Work Experience
Technical Skills
Professional Skills
Bachelor of Science in Marketing
Certificate in Advertising
Cum Laude, Class of 2014
970 Design · Edwards, CO
Graphic Designer October 2020 – Present
• Deliver innovative digital design solutions for diverse clients,
specializing in UX/UI and ADA-compliant website design.
• Designed branding materials, including logos, style guides,
• Craft authentic brand stories by listening to clients’ ideas, passions,
and business strategies, identifying unique differentiators that set
them apart from competitors. and marketing collateral to elevate
client’s identities.
• Created campaign guides based on market research and business
strategy, designing visual assets that supported messaging and
resonated with the brand’s target audience.
• Present creative concepts to clients, ensuring alignment with goals
and securing buy-in.
• Manage multiple projects under tight deadlines while maintaining
exceptional design standards.
LIV Sotheby’s International Realty · Edwards, CO
Senior Graphic Designer August 2020 – October 2020
Resort Graphic Designer January 2018 – July 2020
• Designed and produced weekly print advertisements, social media
posts, and sales collateral for all five mountain region offices.
• Developed marketing material templates tailored to the needs of
mountain region brokers while ensuring brand consistency with
Sotheby’s guidelines.
• Evaluated all marketing and sales materials created outside of the in-
house team to ensure compliance with Sotheby’s brand standards.
• Consulted with brokers to develop personalized marketing strategies
and materials aligned with their individual goals and target audiences.
• Collaborated with the Resort Marketing Director to develop the annual
media plan, providing brokers with a resource to strategically market
their properties.
Expert in Photoshop, Illustrator, InDesign, and
the Adobe Creative Suite Ecosystem
Foundational skills in After Effects,
and Procreate
Proficient in Figma, Lightroom, Fresco
Expert Knowledge of design principles such as
typography, layout, and color theory
Digital and web design Expertise including UX/UI
principles and Current Web Content Accessibility
Guidelines (WCAG)
Expert knowledge of print design and
production
As an avid skier and mountain biker, I find endless inspiration in the wild landscapes just beyond my door.
That same spirit of exploration shapes my approach to design, where every project is a journey of creativity
and discovery. I believe that great design has the power to bring people together, shape meaningful
experiences, and make the world a more beautiful, accessible place for everyone.
P. E. WWW.
Work Experience Continued
Ori Anderson Creative · Avon, CO
Owner/Founder April 2017 – Present
• Delivered branding and graphic design solutions tailored to client needs,
creating unique visual identities and compelling brand stories.
• Developed web strategies and digital assets to enhance client visibility,
ensuring designs were authentic, functional, and aligned with target
audiences.
• Managed multiple design projects under tight deadlines while
maintaining exceptional creative standards.
• Cultivated and maintained client relationships, ensuring seamless
communication and alignment between client’s bussiness goals
and deliverables.
Cornerstone Real Estate, Breckenridge + Keystone, CO
Marketing & Sales Coordinator June 2016 – January 2018
• Designed and distributed marketing collateral, including postcards, brochures,
and digital campaigns, to promote property listings.
• Conducted photography and post-production editing for real estate listings,
ensuring high-quality visuals for MLS and promotional use.
• Wrote compelling property descriptions for marketing materials to enhance
listing appeal.
• Collaborated with managing brokers to strategize, design, and execute
monthly direct mail campaigns targeting potential buyers and sellers.
Beaver Run Resort, Breckenridge CO
Marketing & Sales Assistant September 2014 – June 2016
• Designed and produced digital and print materials for hotel promotions, event
advertising, and group sales initiatives.
• Developed and executed direct marketing campaigns to promote resort
amenities, including four restaurants and multiple conference event spaces.
• Created marketing materials in collaboration with the sales team to attract
weddings, conferences, and group bookings.
• Designed and produced digital and print collateral for on-site businesses and
affiliates, including the spa, restaurant menus, and individual group sales
representatives.
• Maintained the front end of the hotel’s website, ensuring imagery, copy, and
hotel information remained up to date and relevant to the current season.
• Supported the Marketing Director in aligning seasonal marketing strategies
with occupancy and revenue goals.
P. E. WWW.
Volunteer
Vail Valley Mountain Trails Alliance, Member & Trial Crew Volunteer
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
APPLICATION FOR THE
TOWN OF AVON
CULTURAL, ARTS AND SPECIAL EVENTS (CASE) COMMITTEE
DEADLINE FOR APPLICATION: JANUARY 17, 2025
Introduction: The CASE Committee was approved by the Avon Town Council on May 28, 2019, by Resolution 19-12
to act as an advisory group providing advice concerning (1) the development and implementation of the Cultural, Arts
and Special Events Strategic Plan; and (2) the programming of cultural, arts and special events for the Avon
community. The nine-person Committee is comprised of seven voting members and two non-voting members. Each
term is 2 years in length and currently, there are no term limits. The Committee meets in person with a virtual option
for 90 minutes on the third Thursday of each month between 12:30 p.m. and 2:00 p.m. The date and time are subject
to change.
Name: ____________________________________________________________________________________
Occupation, Place of Employment & Title:
__________________________________________________________________________________________
Mailing Address: _______ _______________________________________________________________
Physical Address: ______________________________________________________________________
Phone: ________________________________________________________________________
Email: __________________________________________________________________
Eligibility:
1. Resident of Eagle County.
2. Registered electors of the Town of Avon or owners or representatives of an existing business with a physical
location and address in the Town of Avon at the time of their appointment.
3. Commit to a two-year term of volunteer service.
Considering the three categories of CASE oversight (cultural, arts, and special events), which category
interest you the most and why:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
Explain your process when developing strategy for your company or team?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
What unique contribution (talents, skills, knowledge) could you make to the Committee?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Do you have any prior volunteer board or committee experience? If so, please explain.
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Do you have experience in developing arts and/or culture strategic plans and/or programming?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
What are you passionate about?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
Is there anything else we should know about you?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Attachments:
Attachment A - CASE Committee Brand Ambassador - Responsibilities
Attachment B - Resolution 19-12 Approving a Cultural, Arts and Special Events Committee
Attachment C - Rules of Order
Tara Novak
30 Years in Eagle County, Avon was my starting point and has continued to
be a foundational point in my daily life in the Valley. I appreciate the efforts
that Avon has made to create a vibrant cultural event hub in the heart of the
valley, and enjoy being a part of its development.
PO Box , Avon
Golden Eagle Dr
Eagle, CO 81631
PORTFOLIO:
FB/IG @
EXPERIENCE
Custom Creations & Restorations Inc(Terrafaux)
Avon, CO — Owner/Lead Artist/Project Manager
Jan 1999 - PRESENT
Since its inception in 1999, I have continued to build and expand Custom
Creations Inc., also known as TERRAFAUX. Working with contractors,
interior designers, and homeowners in the resort communities of Vail and
Aspen, I provide artful solutions for decorative wall finishes, woodwork and
antique furniture restoration, artistically hiding utility covers, and creating
fine art commissions to beautify their luxury homes. @taranovakart
EagleARTS Nonprofit, Eagle, CO — Founder/President
April 2019 - PRESENT
EagleARTS mission is to enhance the quality of life in Eagle, CO through
the development of Arts & Culture. We create events and opportunities for
our local artists, businesses, and community to develop and thrive.
@eagleartscolorado
ARTSPaCE workshop+gallery, 120 Broadway, Eagle, CO —
Owner/Lead Artist/Curator
April 2015 - PRESENT
Created in 2015 as a shared artist studio space, Artspace is also a local
artist consignment gallery, workshop space, and art hub event space for
Downtown Eagle. It is also my studio and home of EagleARTS Nonprofit.
@artspaceworkshop
Vail Resorts, Beaver Creek, CO— Snowboard Instructor
Dec 1994 - April 2003
Level II Certified private request snowboard instructor, full then part
time, as my decorative painting company developed to full time. I also
competed on freestyle pro circuits and volunteered for the SOS program
within my teaching time at BC.
SKILLS
Nonprofit management
Social media marketing
Event/festival management
Gallery curation
Grant writing
Consignment management
Website setup/management
Retail POS
setup/management
Graphic design
TV/Radio interviews
Presentations
Project management
Labor management
Job Estimating
Job Consultation
Construction management
Sample creation
Paint Colors/Mediums
Contracts
The Wood Doctor, Vail Valley, CO — Artist/Trainer
July 1995 - Nov 1999
Wood repair and antique furniture restoration technician. Instructor to
new employees.
Zeon Corp, Louisville, CO — Graphic Designer/Industrial
Design
June 1994 -Dec 1994
Straight out of college, I was the art department… Design creation and
structural drafting of designs for neon signs in this sign making and glass
blowing facility. I drew some mechanical drawing patterns by hand and
meanwhile facilitated the modern transfer of the hand drawn patterns to
computer systems in CAD format, for connection to the (very new at the
time) lathe printer. The patterns were printed on fiberglass fabric which
the glass blowers used to lay the hot glass tubing on when crafting the
designs I created.
Attitash Ski Area, NH — Snowboard Instructor/Park Builder
Dec 1993 - April 1994
Snowboarding being a new sport, I was just second to the head instructor,
with barely any experience. I taught beginner snowboard lessons and
made it my job to learn the sport well, while also working with mountain
management to build the first snowboard park at Attitash. My associate
and I even made the cover of the North Conway Daily Sun.
EDUCATION
Rochester Institute of Technology(RIT), Rochester, NY —
BA, Packaging Design & Science
Sept 1989 - June 1993
I earned my BS degree in Packaging Design, with a minor in Graphic &
Industrial Design from Rochester Institute of Technology, where I also
pursued pottery, glass, and photography. I was also a member of ZTA
Women’s Fraternity and had 2 part time jobs on campus.
Mohonasen High School, Rotterdam, NY — Regents Diploma
Graduated - June 1989
I took extra art classes and was involved in our school’s art club, along
with Student Council, Young Americans Club, Wrestling team manager,
and was very involved in dance classes outside of school.
AWARDS
Community Impact Award
2019 - Town of Eagle
Best of Vail Valley Awards:
- 2021 & 2024 Best
Artist, painter
- 2019 thru 2022 Best
Gallery, ARTSPaCE
2020 - Governor's Award for
our EagleARTS Immersive
event Murder on Broadway,
Murder Mystery
Magazine Mentions
Articles/Photos:
- 2025 HOME
Magazine, January
- 2024 Best of Vail
Valley
- 2023 Vail Valley
Magazine, summer
- 2022 Vail Jazz Fest
festival guide
- 2022 Vail Valley
Magazine, winter
- 2021 Mountain
Lifestyle Magazine
- 2017 The Catalogues
Galley Guide Vail/BC
- 2015 LUXE Interiors
- 2001 Mountain
Homestyle
RIT - 1992 National Paperbox
& Packaging Association,
Student Design School -
Winner - Rigid Box
Competition
LANGUAGES
American Sign
Language(ASL) - I used to be
reasonably fluent, but havent
used it in a long time.
PROJECTS/Committees/Boards
Art Around Avon — Avon, CO 2022 & 2023
Jury panel member - discussion of submitted artwork applications,
qualification of the artwork, and placement around the heart of Avon.
Broadway Bench Project — Eagle, CO 2022-present
Similar to the Avon bench project, EagleARTS has teamed up with the
Town of Eagle to decoratively paint several benches along Broadway. I
was the initial artist on the pilot program established and started in fall of
2022, painting 2 benches. The project expanded to have 3 more artists
paint 3 more benches in the summer of 2023, in collaboration with the
Eagle Library and local children and Seniors .
Community Piano — Eagle, CO 2021-present
In 2021 & 2023, EagleARTS was donated upright pianos to use as
“functional-art” 0n-street(sidewalk) for public use. I coordinated the
placement, painting of them by local artists, and management of its
logistics.
ARTwalk on Broadway — Eagle, CO 2018-present
In 2018, I developed an ARTwalk style event amongst the businesses of
Downtown Eagle and the area’s local artisans, to introduce folks to our
cute, but very quiet, Historic Downtown Eagle. This very successful event
occurs on the 2nd Friday of various months, with a festival style event in
warmer months.
Block Party Community Mural — Eagle, CO 2022
EagleARTS collaborated with Block Party Eagle, hosting a community
mural project during the annual Block Party Festival and commencing
during ARTwalk. The mural design was mine, then developed with
assistance from a local graphic designer, then painted in “paint by
number fashioned” by the festival goers and local community. The mural
was mounted on a downtown business sponsor’s building.
Vail Valley Art Guild — 2021-present
I have been on the VVAG Board since 2021, member since 2018. I assist
with organization decisions, event planning, marketing, and have helped
attain gallery space in Eagle and our new Avon location.
Downtown Business Alliance — Eagle, CO 2020
With the ARTwalk on Broadway project underway, we were doing a lot of
networking with the downtown businesses, and decided to create a new
business communications organization. This has also spurred the
Downtown District Authority, which helps keep tax dollars in downtown
Eagle for upkeep and beautification projects.
Riverwalk Beautification Project — Edwards, CO 2021
My “Summer Whimsey” design was selected and I painted a utility box
facing Village Market #artinpublicplaces
Bench Project — Town of Avon, CO 2020 & 2024
In 2020 I was selected and contracted with the Town of Avon to
decoratively paint 6 metal public benches around the core of Avon, as a
part of their new Public Art initiative. In 2024, the project was revisited
and expanded to have me revive the 6 previous benches and project
manage the painting of 4 more benches by 4 other local artists.
#discoveravon #heartofthevalley #artinpublicplaces
Gallery 166 — Vail, CO 2017 -2020(Covid closure)
I showed and sold my fine artwork at Gallery 166 in Vail.
Art Festivals/Exhibitions
Art on the Rockies, Avon Arts Celebration, Dillon Fall Fest, Beaver Creek Art Festival, Eagle
ARTwalk, VVAG/CMC Annual Show, Beaver Creek Birds of Prey Ski Championships Festival,
The Charter & St James at Beaver Creek, Avon/Vail Libraries, ARTSPaCE workshop + gallery,
and The Art Guild at Avon Gallery..
References
Jennifer Filipowski - EagleARTS board of Directors
Ingrid McGinley - Meadow Mountain Homes
Laura Lie -
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
APPLICATION FOR THE
TOWN OF AVON
CULTURAL, ARTS AND SPECIAL EVENTS (CASE) COMMITTEE
DEADLINE FOR APPLICATION: JANUARY 17, 2025
Introduction: The CASE Committee was approved by the Avon Town Council on May 28, 2019, by Resolution 19-12
to act as an advisory group providing advice concerning (1) the development and implementation of the Cultural, Arts
and Special Events Strategic Plan; and (2) the programming of cultural, arts and special events for the Avon
community. The nine-person Committee is comprised of seven voting members and two non-voting members. Each
term is 2 years in length and currently, there are no term limits. The Committee meets in person with a virtual option
for 90 minutes on the third Thursday of each month between 12:30 p.m. and 2:00 p.m. The date and time are subject
to change.
Name: ____________________________________________________________________________________
Occupation, Place of Employment & Title:
__________________________________________________________________________________________
Mailing Address: _________ ______________________________________________________________
Physical Address: _______________________________________________________________________
Phone: _____________________________________________________________________
Email: __________________________________________________________________
Eligibility:
1. Resident of Eagle County.
2. Registered electors of the Town of Avon or owners or representatives of an existing business with a physical
location and address in the Town of Avon at the time of their appointment.
3. Commit to a two-year term of volunteer service.
Considering the three categories of CASE oversight (cultural, arts, and special events), which category
interest you the most and why:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Kristen Dudding
Senior Director, Marketing & PR, Vail Valley Foundation
PO Box , Avon, CO, 81620
W Benchmark Road, Avon, CO, 81620
I'm very interested in arts and special events. I have extensive experience in marketing arts and special
events. I lead the VVF marketing team which manages all marketing and communications
for the Vail Dance Festival, Gerald R. Ford Amphitheater, Vilar Performing Arts Center, etc. I'm very
passionate about live entertainment and how it has the ability to bring our community together.
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
Explain your process when developing strategy for your company or team?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
What unique contribution (talents, skills, knowledge) could you make to the Committee?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Do you have any prior volunteer board or committee experience? If so, please explain.
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Do you have experience in developing arts and/or culture strategic plans and/or programming?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
What are you passionate about?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
needed. After that, build a plan to meet the goals and objectives set. In this process, review other
similar projects to help inform planning, decision making, budget, etc. in order to make the best decisions before
plans go into action. It's very important to make sure involved parties are aligned with goals and objectives from
the start.
Start by identifying the goals and objectives, target audience, and then develop the budget and staffing
I have lived in the Valley for 10 years so I understand our community and its challenges. I have an extensive
and do great things for our community. I'm an avid fan of the arts and special events that bring so much vitality
to our valley.
I am on VVF's Marketing Committee. I create agendas and present to the committee 4 times per year.
I am also a member of the VVF's Gerald R. Ford Amphitheater committee.
I was very involved in developing the Vilar Performing Arts Center strategic plan and a core part of my
job is helping execute the VVF's overall strategic plan. I manage the marketing & PR lines across 13
budgets and understand that each project and initiative is unique, so it's imperative to use existing knowledge
but don't rely on a "one size fits all" mentality/approach when it comes to building arts/culture strategic plans.
background in marketing & PR. I work closely with VVF's board, committees, and community stakeholders
so I'm well-versed in informing and collaborating with various groups to accomplish common goals
Music, the outdoors, my dog, family, my job and staff, and the joys of living in the amazing Vail Valley.
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
Is there anything else we should know about you?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Attachments:
Attachment A - CASE Committee Brand Ambassador - Responsibilities
Attachment B - Resolution 19-12 Approving a Cultural, Arts and Special Events Committee
Attachment C - Rules of Order
I've been searching for ways to get more involved in the community outside of my job. This seems like
the perfect opportunity because I have extensive experience in arts and culture in the valley and
I am so passionate about bringing amazing cultural events here. I would be honored to share my expertise
in these areas.
KRISTEN DUDDING
SENIOR DIRECTOR, MARKETING AND PR, VAIL VALLEY FOUNDATION
CONTACT PROFILE
I started with the Vail Valley Foundation in 2018 as a
Marketing Coordinator and worked my way up to the Senior
Director of Marketing and PR. I oversee Marketing & PR for
the organization including VVF projects, venues and
initiatives: Birds of Prey, GoPro Mountain Games, Gerald R.
Ford Amphitheater, ShowDown Town, Vail Dance Festival,
and YouthPower365.
SKILLS EXPERIENCE
Excellent Communicator
Strong Leader
Creative
Problem-Solver
Enthusiastic Collaborator
Innovative
Professional
Senior Director, Marketing & PR, Vail Valley Foundation
2022-Present
• Work with Marketing & PR team to develop and
implement cohesive marketing plans to increase
brand awareness and revenue
• Build relationships with media and stakeholders
• Monitor campaigns and marketing plans across arts,
athletics, education, and community supports
• Strategic planning
• End-to-end project management
• Oversee forecasting and budgeting
• Present and participate in Board and Committee
meetings regarding marketing
• Successfully launched two rebrands in two years with
VVF and Vilar Performing Arts Center
• Embarking on a technology/systems overhaul
project to streamline, automate, and simplify to
keep up with the needs of a growing nonprofit
Website Manager, Gorsuch
2015-2018
• Managed all aspects of managing Gorsuch.com
• Seasonal project uploads
• Content writing and creation
• Research and implementation for new website and
regular maintenance/upgrades
EDUCATION
Texas State University
2009
BA in Mass
Communications/Electronic
Media
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
APPLICATION FOR THE
TOWN OF AVON
CULTURAL, ARTS AND SPECIAL EVENTS (CASE) COMMITTEE
DEADLINE FOR APPLICATION: JANUARY 17, 2025
Introduction: The CASE Committee was approved by the Avon Town Council on May 28, 2019, by Resolution 19-12
to act as an advisory group providing advice concerning (1) the development and implementation of the Cultural, Arts
and Special Events Strategic Plan; and (2) the programming of cultural, arts and special events for the Avon
community. The nine-person Committee is comprised of seven voting members and two non-voting members. Each
term is 2 years in length and currently, there are no term limits. The Committee meets in person with a virtual option
for 90 minutes on the third Thursday of each month between 12:30 p.m. and 2:00 p.m. The date and time are subject
to change.
Name: ____________________________________________________________________________________
Occupation, Place of Employment & Title:
__________________________________________________________________________________________
Mailing Address: __________ _____________________________________________________________
Physical Address: ___ ___________________________________________________________________
Phone: _____________________________________________________________________
Email: _________________________________________________________________
Eligibility:
1. Resident of Eagle County.
2. Registered electors of the Town of Avon or owners or representatives of an existing business with a physical
location and address in the Town of Avon at the time of their appointment.
3. Commit to a two-year term of volunteer service.
Considering the three categories of CASE oversight (cultural, arts, and special events), which category
interest you the most and why:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
Explain your process when developing strategy for your company or team?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
What unique contribution (talents, skills, knowledge) could you make to the Committee?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Do you have any prior volunteer board or committee experience? If so, please explain.
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Do you have experience in developing arts and/or culture strategic plans and/or programming?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
What are you passionate about?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
CASE COMMITTEE APPLICATION – JANUARY 2025 DANITA DEMPSEY
Is there anything else we should know about you?
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Attachments:
Attachment A - CASE Committee Brand Ambassador - Responsibilities
Attachment B - Resolution 19-12 Approving a Cultural, Arts and Special Events Committee
Attachment C - Rules of Order
Charles “Chuq” Yang
Experience:
BAO Systems Washington, DC
Cyber Solutions Architect December 2022 - present
• Member of Enterprise Architecture Council that advises on all aspects of workflow
• Led implementation of Single Sign On (Okta) across multiple applications
• Serve as SME for vulnerability management tasks, ATO, and systems security
• Currently documenting and collecting artifacts for ATO-C for all PEPFAR applications according to NIST 800-
53 rev 4 and rev 5
• Contracted with vendors for scanning software as a service
• Created System Security Plans, Disaster Recover Plans and participated in recovery drills
• Worked with Department of State Blue Team for Cybersecurity Scorecard Assessment
Manager, Systems Engineering September 2016 – December 2022
• Advise BAO senior management on technological best practices for the company’s largest client
• Led Systems and Technological Expert for the President’s Emergency Plan for AIDS Relief (PEPFAR)
• Fully support development, QA, testing team through the SDLC on Amazon Web Services
• Supported multiple successful efforts for FISMA Moderate certification
• Serve as SME for security, DevOps and best practices process on PEPFAR applications
• Install, configure, monitor, and maintain operating systems and perform system upgrades
• Implement and test disaster recovery procedures to ensure data integrity
• Develop, document and implement standard operating procedures and documentation for systems
• Manage Systems Engineering team responsible for over 100 cloud servers and databases
I.M. Systems Group Rockville, MD April 2015 - August 2016
Senior Research Engineer
• Designed and implemented an HTCondor (High Throughput) cluster consisting of more than 300 nodes and 50
storage subsystems in support of NOAA/STAR
• Performed cluster system analysis using log data to determine areas for improvement
• Wrote a python (v2.6) script to automate creation of job submission files
• Completed inventory of offices (College Park, Rockville)
• Created RPMs of scientific libraries for client distribution
• Reviewed user interface for errors
• Set up test FTP server on Microsoft Azure using Cerberus
Comso, Inc. Greenbelt, MD November 2012 – January 2015
Systems Administrator/Security Specialist
• Led technical implementation for GeoPlatform.gov on DOI servers for the US Geological Survey’s Federal
Geographic Data Committee within FISMA guidelines
• Responsible for system security, updates, configuration, monitoring
• Installed, configured, tested and deployed Drupal 7 site on Windows 2008 R2 servers with Apache, PHP
MySQL master-master replication across two different data centers
• Completed FedRAMP certification for geoplatform.gov system
• Create a cloud environment for development, QA/QC and User Acceptance Testing
• Assisted with web design elements
Environmental Working Group (EWG) Washington, DC November 2009 – October 2012
Director of Technology
• Led migration from traditional server-based hosting to Amazon EC2/RDS cloud infrastructure
• Served on senior management team
• Managed code review and refactoring of database in Ruby on Rails
• Managed online presence for www.ewg.org and Skindeep Cosmetics Database (http://www.ewg.org/skindeep)
• Managed entire technological infrastructure (email, file server, firewall, network, printers, VoIP telephone, web
servers) including desktop support for offices in Washington, DC, Ames, IA, Oakland and Sacramento, CA as
well as other remote users.
• Advised senior management regarding future technology trends and mobile strategy
• Led vendor selection for website redesign
Obama-Biden Transition Project, Washington, DC September 2008-February 2009
Chief Technology Officer/Deputy IT Team Lead
• Supervised team of six that managed correspondence, fundraising, operations, personnel and help desk
• Responsible for evaluating and recommending vendor for change.gov and subsequently worked with vendor to
launch website
• Responsible for evaluating and recommending vendor for Office of Presidential Personnel Executive Search
• Engaged vendors for hosting, communications, correspondence and operations
• Maintained office infrastructure for pre-election and met regularly with GSA help desk leaders
• Responsible for setting up merchant account for contributions to transition and DNS
• Primary technical lead on office set up for 1,300 personnel including security policies
• Oversaw migration of Presidential Executive Search and Appointment System (PESAS) from transition to
Executive Office of the President network
• Liaised with vendors to build custom application for transferring and searching data
Democratic National Committee, Washington, DC August 2001- November 2008
Web Systems Administrator August 2001 – June 2004
Director of Infrastructure/Senior Systems Administrator June 2004 – July 2005
Deputy Director of Technology July 2005 – November 2008
• Managed a staff of 20 including DBAs, developers, systems administrators and technical support staff
• Served as Project Manager for DNC’s open source in-house donor database
• Provided advance notification of scheduled downtime, maintenance windows and rollout/rollback procedures.
• Maintained relationships with vendors including contract negotiations and evaluation, pricing, renewals, Service
Level Agreements, and reports
• Participated and advised in planning for infrastructure and growth during election cycles
• Conducted bi-annual performance reviews of staff and recommend merit based increases
• Installed and supported hardware, software, networking in development, staging, and production systems with
emphasis on availability, stability, and security
• Member of core technology team responsible for the design and rollout of a scalable platform that grew from
three to 60+ servers and was the fastest growing site on the internet for the week ending October 17, 2004
• Managed a team of 3 Systems Administrators and 60+ servers during 2004 Presidential Election cycle with no
downtime. Supported 2.5 million hits in one day at cycle peak
• Designed, tested, and implemented the core network and systems design for the website, internal network and
internal systems including database scoping, server capacity, network capacity and memory requirements
• Worked with hardware vendors, software vendors and hosting providers to negotiate contracts and SLAs in
accordance with business and best practices and budgetary constraints
Education:
University of Rochester, Rochester, NY June 1995 – December 1998
Bachelor of Arts in Computer Science 1998
(970) 748-4040 gdaly@avon.org
TO: Honorable Mayor Underwood and Distinguished Avon Town Council Members
FROM: Chief Greg Daly and Erica Romberg Esq., Deputy Town Attorney
RE: Ordinance 25-01, Adoption of the 2024 Model Traffic Code 2nd Reading
DATE: February 11, 2025
SUMMARY: This report presents Ordinance 25-01 (“Attachment A”) to Avon Town Council (“Council”) for
second reading. Ordinance 25-01 will incorporate the 2024 Model Traffic Code (MTC) into Avon Municipal
Code, replacing the 2020 version. This update aligns Avon’s traffic regulations with the latest state
standards while maintaining local modifications and previously established rules, such as those regulating
Off-Highway Vehicles.
CHANGES AND AMENDMENTS: The proposed ordinance updates the Town of Avon’s traffic regulations by
adopting the 2024 Model Traffic Code for Colorado with local amendments. Key changes include:
ADOPTION:
• The 2024 Model Traffic Code is adopted to align local traffic regulations with state law, enhancing
uniformity statewide. Copies are available for public inspection at the Town Manager’s office.
DELETIONS:
• Sections 1701, 1705, and 1707 of the Model Traffic Code are excluded from adoption as they are
deemed inapplicable to this municipality.
AMENDMENTS AND ADDITIONS:
1. Fire Department Traffic Control: Firefighters can direct traffic at emergencies; disobedience is
unlawful.
2. Railroad Crossings: Updated safety requirements for stopping at railroad crossings.
3. Highway Work Zones: Local authorities can train and appoint adult civilian personnel as flaggers
for traffic control; compliance with flaggers’ instructions is mandatory.
4. Private Property Parking: Illegal parking on private property is prohibited without consent.
Signage and complaint requirements are defined.
5. School Zones: Moving violations in school zones incur double penalties and surcharges.
6. Residential Safety Zones: Specific residential areas designated for double penalties and
surcharges on moving violations.
7. Public Parks: Driving on non-designated park areas is prohibited.
8. Penalty Reductions: Reduced points for timely payment of penalty assessments.
9. Vehicle Impoundment: Detailed procedures for towing, storage, notification, and auctioning of
impounded vehicles.
10. School Bus Violations: Enhanced penalties for failing to stop for school buses to include double
penalties and surcharges
Page 2 of 2
PENALTIES:
• Traffic Offenses: The update maintains the more serious traffic offenses to include severe
violations like reckless driving, uninsured driving as misdemeanors and may result in jail time. Most
traffic offenses are reclassified as traffic infractions which carry a fine, surcharge and penalty points
only, that can be paid by post. Some infractions do not have penalty points.
• Traffic Infractions: Fines only, with scheduled penalties based on points assessed.
o 3 points or fewer: Minimum $50
o 4–5 points: Minimum $100
o More than 5 points: Minimum $150
• General Violations: Minimum fine of $40 for non-point-assessable infractions.
JURISDICTION:
• Provisions apply to all public and private ways under the municipality's authority, covering reckless
driving, accident reporting, and more.
LEGAL REVIEW: The Town Attorney’s Office has prepared the changes to the Model Traffic Code. Judge
Allen and Town Prosecutor Howard have reviewed without any concerns.
FINANCIAL CONSIDERATIONS: Adoption of the 2024 MTC will have no identifiable financial impact.
RECOMMENDATION: I recommend adoption of the second reading of Ordinance 25-01 Adoption of the
2024 Model Traffic Code.
MANAGER’S COMMENTS:
PROPOSED MOTION: “I move to approve upon second and final reading of Ordinance 25-01, adopting the
2024 Model Traffic Code by reference for use within the Town of Avon.”
Thank you, Chief Greg Daly and Deputy Town Attorney Erica Romberg Esq.
ATTACHMENT A - Ordinance 25-01
ATTACHMENT B - A listing of 2024 MTC changes
ATTACHMENT A
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
ORDINANCE NO. 25-01
AN ORDINANCE OF THE TOWN COUNCIL OF AVON, COLORADO ADOPTING BY
REFERENCE THE 2024 EDITION OF THE MODEL TRAFFIC CODE; PROVIDING
PENALTIES FOR THE VIOLATIONS THEREOF; AND MAKING CONFORMING
AMENDMENTS TO THE AVON MUNICIPAL CODE; REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR
VIOLATION THEREOF
WHEREAS, pursuant to C.R.S. §§31-15-103 and 31-15-104, and pursuant to the home rule
powers of the Town of Avon (“Town”), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, pursuant to C.R.S. §42-4-110(1)(b), local governments may, consistent with the
procedural requirements of C.R.S. §§31-16-201, et seq., adopt by reference all or any part of a model
municipal traffic code that embodies the rules of the road and vehicle requirements as set out in the
State of Colorado’s traffic laws; and
WHEREAS, the Colorado Department of Transportation has prepared and adopted the 2024
revised edition of the Model Traffic Code for Colorado (the “2024 Model Traffic Code”); and
WHEREAS, the Town previously adopted the 2020 edition of the Model Traffic Code for
Colorado; and
WHEREAS, a public hearing on this Ordinance at second reading, and proper notice thereof, was
provided in accordance with C.R.S. §31-16-203; and
WHEREAS, penalties for violating the Model Traffic Code adopted hereby are set forth in full in this
Ordinance and shall be published in full after final adoption in accordance with C.R.S. § 31-16-204;
and
WHEREAS, certified copies of the Code adopted hereby were filed with the City Clerk at least
fifteen (15) days prior to public hearing on this Ordinance and such codes remain open to public
inspection and purchase; and
WHEREAS, this Ordinance is intended to adopt by reference the 2024 Edition of the Model Traffic
Code for Colorado, subject to the identified additions, modifications, and deletions; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town
Council desires to adopt the 2024 Model Traffic Code by reference into the Avon Municipal Code
ATTACHMENT A
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
by setting a public hearing in order to provide the public an opportunity to present testimony and
evidence and that approval of this Ordinance on first reading does not constitute a representation
that the Town Council, or any member of the Town Council, has determined to take final action
on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Repeal and Reenactment of Chapter 10.04 to Title 10 of the Avon Municipal
Code. Chapter 10.04, “Model Traffic Code” of Title 10, “Vehicles and Traffic,” of the Avon
Municipal Code is repealed and reenacted to read as set forth in Exhibit A: Repeal and
Reenactment of Chapter 10.04 of the Avon Municipal Code, attached hereto.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to
be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
ATTACHMENT A
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for
the purpose of sustaining any judgment, decree or order which can or may be rendered, entered,
or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring
such penalty or liability or enforcing such right, and shall be treated and held as remaining in force
for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending
before any court or administrative tribunal.
Section 7. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on January 28, 2025 and setting a public hearing for
February 25, 2025 at the Council Chambers of the Avon Municipal Building, located at One
Hundred Mikaela Way, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________________
Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on February
25, 2025.
BY: ATTEST:
____________________________ ___________________________________
Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
____________________________
Nina Williams, Town Attorney
ATTACHMENT B
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
REPEAL AND REENACTMENT OF CHAPTER 10.04 OF THE AVON MUNICIPAL
CODE
CHAPTER 10.04 – MODEL TRAFFIC CODE
Section 10.04.010. Adoption.
Section 10.04.020. Deletions.
Section 10.04.030. Additions or modifications.
Section 10.04.040. Penalties.
Section 10.04.050. Application.
10.04.010 Adoption.
Pursuant to Parts 1 and 2 of Article 16 of Title 31, C.R.S., as amended, there is hereby
adopted by reference Articles I and II, inclusive, of the 2024 edition of the Model Traffic Code
for Colorado, promulgated and published as such by the Colorado Department of Transportation,
Safety and Traffic Engineering Branch, 2829 W Howard Place, Denver, CO 80204. The subject
matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations
for the City. The purpose of this Article and the code adopted herein is to provide a system of
traffic regulations consistent with state law and generally conforming to similar regulations
throughout the State and the Nation. Three (3) copies of the Model Traffic Code adopted herein
are now filed in the office of the City Manager and may be inspected during regular business
hours.
10.04.020 Deletions.
The 2024 edition of the Model Traffic Code is adopted as if set out at length, save and
except the following articles and/or section which are declared to be inapplicable to this
municipality and are expressly deleted: Section 1701, Section 1705, and Section 1707.
Section 10.04.030 Additions or modifications.
The Model Traffic Code as adopted herein is subject to the following amendments,
additions or modifications:
(1) Section 107.5, Obedience to members of the fire department, is added to read as
follows:
“Members of the fire department, when at the scene of a fire, accident or matter
involving the use of firefighting equipment, may direct, or assist the police in
directing traffic in the immediate vicinity. No person shall willfully fail or refuse to
obey a lawful order or direction of a member of the fire department so acting.”
(2) Section 706(1), Obedience to railroad signal, is amended to read as follows:
“(1) Whenever any person driving a motor vehicle approaches a railroad grade
ATTACHMENT B
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
crossing under any circumstances stated in this section, the driver of such vehicle
shall stop within fifty feet but not less than fifteen feet from the nearest rail of such
railroad and shall not proceed until he can do so safely. Such requirements shall apply
when:
(a) A clearly visible electric or mechanical signal device gives warning of the
immediate approach of the railroad train;
(b) A crossing gate is lowered or when a human flagman gives or continues to
give warning of the immediate approach of a railroad train;
(c) A railroad train approaching within approximately fifteen hundred feet of the
highway crossing emits a signal audible from such distance, and such railroad
train, by reason of its speed or nearness to such crossing, is an immediate
hazard; or
(d) An approaching railroad train is plainly visible and is in hazardous proximity
to such crossing.”
(3) Section 712(3), Driving in highway work area, is amended to read as follows:
“(3) Local road authorities within their respective jurisdictions and in cooperation
with law enforcement agencies, may train and appoint adult civilian personnel for
special traffic duty as highway flaggers within any highway maintenance or
construction work area. Whenever such duly authorized flaggers are wearing the
badge, insignia, or uniform of their office, are engaged in the performance of their
respective duties, and are displaying any official hand signal device of a type and in
the manner prescribed in the adopted state traffic control manual or supplement
thereto for signaling traffic in such areas to stop or to proceed, no person shall
willfully fail or refuse to obey the visible instructions or signals so displayed by such
flaggers. Any alleged willful failure or refusal of a driver to comply with such
instructions or signals including information as to the identity of the driver and the
license plate number of the vehicle alleged to have been so driven in violation shall
be reported by the work area supervisor in charge at the location to the district
attorney for appropriate penalizing action in a court of competent jurisdiction. Any
person who violates any provision of this section commits a traffic infraction.”
(4) Section 1214, Parking on private property, is added to read as follows:
“It shall be unlawful for any person to park or cause to be parked any vehicle upon any
private parking lot or any other private property within the Town of Avon, without the
consent of the owner thereof or the tenant or person in possession or control of said
private parking lot or private property.
(a) Posting of Sign. Any owner, tenant or person in possession or control of a
private parking lot or private property wishing to avail himself of the
provision of this section shall post at each and every entrance to a private
parking lot or private property a sign containing essentially the following
words:
Private Parking Lot
ATTACHMENT B
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
Parking is reserved for persons having permission of the owner and any other
person may be subject to the penalties imposed by Ordinance No. 21-08.
Violating vehicles may be impounded
All signs must be approved by the Chief of Police, who shall have the authority
to determine size, shape and lettering of such signs. The Chief of Police may
approve signs which combine the requirements of this section with the
requirements of Section 5.12.100(4) concerning the booting or towing of
unauthorized vehicles.
(b) Signing of Complaints. No complaint shall be issued for any violation of this
section unless the same is signed by the owner, tenant or person in possession
or control of the private parking lot or private property within or upon which
a violation of this section may have occurred or the agent of such person or
entity.”
(5) Section 1417, School safety sensitive zones – increase of penalties for moving
traffic violations, is added to read as follows:
“(1) Any person who commits a moving traffic violation in a school zone is subject to
double penalties and surcharges.
(2) For purposes of this section, ‘school zone’ means an area that is designated as a school
zone and has appropriate signs posted indicating that the penalties and surcharges will be
doubled. The state or local government having jurisdiction over the placement of traffic
signs and traffic control devices in the school zone area shall designate when the area
will be deemed a school zone for the purposes of this section. In making such designation,
the state or local government shall consider when increased penalties are necessary to
protect the safety of school children. Such zones shall be designated Safety Sensitive.”
(6) Section 1418, Residential area safety sensitive zones, increase of penalties for
moving violations, is added to read as follows:
“(1) Any person who commits a moving traffic violation in a Residential Area Safety
Sensitive Zone area as defined herein is subject to double penalties and surcharges.
(2) For purposes of this section, the following are designated ‘residential area safety
sensitive zones’ and will be marked with appropriate signage: Wildridge Subdivision,
Wildwood Subdivision; on Hurd Lane east of Avon Road; on Stonebridge Drive; on
West Beaver Creek Boulevard, from Highway 6 to Lake Street; on Swift Gulch Road,
from the 800 block to the 1270 block; on East Beaver Creak Blvd, from Post Blvd to
the 4000 block; and on Nottingham Road, from Buck Creek Rd to the 730 block.”
(7) Section 1419, Driving on public park, is added to read as follows:
ATTACHMENT B
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
“No person shall drive or cause to be driven any vehicle on any portion of a public park
or other public property other than established roadways specifically provided for public
driving, unless specifically authorized so to do by a traffic control officer.”
(8) Section 1709(5.5), (8), Penalty assessment notice for traffic offenses, are added to
read as follows:
“(5.5) If a person receives a penalty assessment notice for violation under Section
1709 and such person pays the fine and surcharge for the violation on or before the
20th day following the date of citation, the points assessed for the violation are
reduced as follows:
(a) For a violation having an assessment of three (3) points or more under Section
42-2-127, C.R.S., the points are reduced by two (2) points;
(b) For a violation having the assessment of two (2) points under Section 42-2-
127, C.R.S., the points are reduced to one (1) point.
…
(8) Whenever the Town of Avon reduces a traffic offense the reduced offense and
the points assessed for such reduced offense shall conform to the point assessment
schedule under Section 42-2-127(5), C.R.S.”
(9) Section 1801, Authority to impound vehicles, is amended to read as follows:
“(a) Whenever any police officer finds a vehicle, attended or unattended, standing upon
any portion of a street or highway right-of-way within this municipality in such a manner
as to constitute a violation of sections 1202 and 1204 of this Code, or left unattended, for
a period of 24 hours or more and presumed to be abandoned under the conditions
prescribed by Section 42-4-1802 et seq., C.R.S., such officer shall require such vehicle
to be removed or cause the same to be removed and placed in storage at the nearest garage
or other place of safety designated or maintained by this municipality.
(b) In the event of abandonment of a vehicle on property within this municipality other
than public rights-of-way the owner of such property shall notify the police department
and said police, after a period of 72 hours, shall cause the abandoned vehicle to be
removed and placed in storage in the nearest garage or other place of safety designated
or maintained by the municipality.
(c) Whenever any police officer finds a vehicle parked on any street or at any place within
this municipality in violation of any provision of this code or in violation of a provision
contained on any official sign, such officer may require such vehicle to be removed or
cause the same to be removed and placed in storage.
(d) A vehicle illegally parked on private property shall not be impounded pursuant to
Section 1801(c) hereof unless a complaint for said violation is signed by the owner,
lessee, tenant, or authorized agent who is legally in possession or control of said property.
ATTACHMENT B
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
(e) In the event a vehicle is impounded pursuant to subsection (a), (b), or (c) of Section
1801 hereof, the owner or driver of the vehicle shall pay as a fine a reasonable amount
for said removal or removal and storage in addition to the penalty imposed for illegal
parking or any other violation of any of the provisions hereof.
(f) Whenever the police officer or any other employee of the Town of Avon so authorized
removes the vehicle and causes it to be impounded as authorized by law, and the officer
or other employee knows or is able to ascertain from the registration, or other records in
the vehicle or otherwise, the name of the owner and the address of the owner, the officer
or employee shall immediately give or cause to be given notice in writing to the owner
of the fact of removal, the reason for it and the place to which the vehicle has been
removed.
(g) Whenever an officer or employee of the Town removes a vehicle from a public way
or from public or private property and does not know or is not able to ascertain the name
of the owner thereof, or for any other reason is unable to give the notice to the owner as
provided in Section 1801(f), and in the event the vehicle is not returned to the owner
within a period of three days, the Chief of Police or other employee of the Town
designated by the Chief of Police shall immediately send or cause to be sent a written
report of the removal by mail to the state department whose duty it is to register vehicles.
The notice shall include a complete description of the vehicle, the date, time and place of
removal, the reason for the removal, and the name of the garage or other place where the
vehicle is stored, with a request that the owner of the vehicle be notified immediately.
(h) Whenever, pursuant to the terms of this chapter, a vehicle has been impounded by the
Town for a period of thirty days and no claim of ownership or right to possession thereof
has been made, or when a claim has been made but not established to the satisfaction of
the town manager, and no suit or action to determine the claim has been instituted, the
Town may dispose of the vehicle in the manner set out in subsection (i).
(i) The Chief of Police or other employee of the Town designated by the Chief of Police
shall cause written notice to be given to all persons known by him to claim an interest in
the vehicle. The notice shall be given by delivery in person, or by certified mail,
addressed to the last known address of the business or residence of the person to be
notified. The notice shall contain the following:
(1) An itemized statement of the amount due to the Town for removal of and
storage of the vehicle showing the amount due at the time of notice;
(2) A description of the vehicle;
(3) A demand that the amount due the Town, as stated in the notice and such
further claims as shall accrue, shall be paid and the right to the possession of the
vehicle to be established to the satisfaction of the Chief of Police on or before
the date mentioned, being not less than ten days from the delivery of the notice if
it is personally delivered, or from the date or registration of the letter, unless the
ATTACHMENT B
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
person notified chooses to appear before the Chief of Police or his designee
within such ten-day period and establishes that (1) the impounding of the vehicle
was improper or (2) the amount demanded is unreasonable, and the statement
that unless the amount due the Town is paid or determined not to be required and
the right to the possession of the vehicle is established to the satisfaction of the
Chief of Police within the time specified the vehicle will be advertised for sale
and sold by auction at a specified time and place.
(j) In accordance with the terms of the notice provided for in Section 1801(i)(3), a sale
of the vehicle by auction may be had to satisfy the claim of the Town for the storage and
removal of the vehicle and to discharge the Town from further responsibility in
connection with the vehicle and from any duty to further retain or store the vehicle. The
sale shall be held at the place where the vehicle is stored or impounded or, if it is
manifestly unsuitable for the purpose, at the nearest suitable place and shall be made to
the highest bidder of a price at least as great as the estimated value of the vehicle. After
the time for the payment of the claim and the establishment of the satisfaction of the
Chief of Police of the right to possession of the vehicle has elapsed and notice was given
as required, an advertisement of the sale, describing the vehicle to be sold and stating the
names of all persons known by the Chief of Police to claim an interest in the vehicle, if
any, and the time and place of the sale, shall be published once a week for two
consecutive weeks in a newspaper published in the county. The sale shall be held not less
than fifteen days from the date of the first publication. The Chief of Police shall execute
and deliver a bill of sale, together with any report required by the Colorado Department
of Revenue, evidencing transfer of title to the vehicle to any purchaser.
(k) From the proceeds of the sale provided for in Section 1801(j), the Chief of Police
shall satisfy the claim of the Town for the charges for removal and storage of the vehicle,
and for the reasonable charges or expenses for or of the notice, advertising the sale. The
balance if any, of the proceeds will be paid into the treasury of the Town and deposited
to the general fund. No claim for refund shall be made by any person entitled to it except
if the claim is made within one year from the date of any sale resulting in the payment of
any such proceeds into the treasury. A claim or refund shall be made to the town manager,
who shall make a thorough examination of the claim. The failure on the part of any person
to request the initiation of a refund to him within one year from the date of sale shall be
conclusive of the fact that he has no meritorious claim for the refund within the set period
of one year from the date of sale and he shall not therefore commence any action, suit or
proceeding whatsoever by reason of the sale for the payment of any part of the proceeds
of the sale of the entire proceeds of the sale in the treasury of the Town.
(l) When any vehicle is offered for sale at auction pursuant to the terms of this Chapter
and there is no bid for the vehicle, the Chief of Police shall declare the vehicle to be sold
to the Town for the amount of the charges for the removal and storage of the vehicle, and
the charges and expenses of notice, advertisement, and sale, and shall place the vehicle
in the custody of such department of the Town as he in his sole discretion may determine,
for the sole benefit of and use of the Town.
ATTACHMENT B
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
(m) There shall be no right of redemption from any sale made pursuant to the terms of
this section and after a vehicle has been sold pursuant to such terms, neither the Town
nor any officer, agent or employee of the Town shall be liable for failure to deliver the
vehicle to anyone other than the purchaser or purchasers at the sale.
(n) Nothing contained herein shall be construed as imposing any obligation or liability
on the Town for any negligence in the towing or storage of any vehicle or with respect to
the quality of title to any vehicle.”
(10) Section 1903(6)(c), School bus violations – increase of penalties for traffic
violations, is hereby added to read as follows:
“(6)(c)Any person who violates the provisions of paragraph (a) of subsection (1) of
this section is subject to doubled penalties and surcharges.”
Section 10.04.040 Penalties.
The following penalties shall apply to this Title:
(1) It is unlawful for any person to violate any provision adopted in this Title.
(2) Any person violating any provision of this Title may be found guilty of committing a
traffic offense or traffic infraction and sentenced by the Municipal Court as set out
below.
(a) Traffic offenses shall be punished in accordance with the provisions of Section
1.08.010 of this Code, including the possibility of jail. Such offenses shall be
deemed misdemeanors and may be tried by a jury. Traffic offenses are the
following: traffic violations resulting in an accident causing personal injury, death,
or appreciable damage to the property of another; reckless driving; driving twenty-
five (25) mph or more over the speed limit; exhibition of speed or speed contest;
eluding or attempting to elude a police officer; disobeying a police officer or fire
department member; driving without insurance; failure to stop for school bus with
flashing lights; school bus failing to use flashing lights; and use of altered or
fictitious driving license.
(b) Traffic infractions shall be punished by a fine only. Any violation of this Title other
than a traffic offense shall constitute a traffic infraction. The Municipal Court shall
order a schedule of fines for traffic infractions consistent with this Title. The
Municipal Court is further authorized to order individualized fines consistent with
this Title for any unscheduled traffic infraction.
ATTACHMENT B
Ord 25-01 - Adopting by Reference the 2024 Model Traffic Code
(c) References in the 2024 Model Traffic Code purporting to penalize traffic offenses
and traffic infractions on the basis of different classes are hereby repealed. There
shall be a single class of traffic offense and a single class of traffic infraction.
(3) Penalties for violations for which points may not be assessed pursuant to Section 42-2-
127, C.R.S., shall be not less than forty dollars ($40.00). Penalties for violations for
which points may be assessed pursuant to Section 42-2-127, C.R.S., shall be as follows:
(a) Three (3) or fewer points – not less than fifty dollars ($50.00);
(b) Four (4) or five (5) points - not less than one hundred dollars ($100.00);
(c) More than five (5) points – not less than one hundred fifty dollars ($150.00).
(4) References in the 2024 Model Traffic Code purporting to characterize traffic violations
as misdemeanor or petty offenses are hereby repealed. Misdemeanor characterizations
shall be governed solely by AMC 10.04.040(2)(a).
(5) The Municipal Court reserves the authority to order a schedule of fines in accordance
with Colorado Municipal Court Rules of Procedure Rule 210(b)(5), provided that such
schedule of fines is not inconsistent with any specific fine set forth in Chapter 10.06.
(6) All fines for violations of this Title shall be paid to the Town, unless otherwise specified
in this Code.
Section 10.04.050 Application.
This Article shall apply to every street, alley, sidewalk area, driveway, park and to every
other public way or public place or public parking area, either within or outside the corporate
limits of this municipality, the use of which this municipality has jurisdiction and authority to
regulate. The provisions of Sections 1401, 1402, 1413, and Part 16 of the code, respectively
concerning reckless driving, careless driving, eluding a police officer, and accidents and accident
reports shall apply not only to public places and ways but also throughout this municipality. In
addition, any provisions of the Model Traffic Code specifically made applicable to public
property or private property shall apply throughout this municipality.
970-748-4023 jskinner@avon.org
Page 1 of 7
TO: Honorable Mayor Underwood and Council members
FROM: Jena Skinner, AICP, Planning Manager
RE: PUBLIC HEARING: SECOND READING Ord. 25-04
Adopting Sun Road Redevelopment Plan
CPA24001 Comprehensive Plan Amendment
DATE: February 13, 2025
SUMMARY: This report presents to Avon Town Council (“Council”) Ordinance 25-04 (Attachment A),
drafted to approve the Sun Road Redevelopment Plan (“Plan”) for second and final reading. This Plan is an
amendment and supplement to the 2017 Town of Avon Comprehensive Plan which provides specific goals,
design standards and strategies for the Sun Road area. These types of plan documents are often referred
to as “sub-area plans.” Council approved First Reading of Ordinance 25-04 at its last meeting on January
28, 2025.
CHANGES FROM FIRST READING: Council provided Staff with direction on improving this Plan at first
reading. The Plan is attached as Exhibit A, with new language shown as redline underlined and removed
language utilizing a redline strikethrough. Please note that some repetitive, general edits were made in
addition to specific language changes. General edits include changing passive voice to active and typos
(e.g., some words were incorrectly pluralized and esses stricken). While Council did not specifically request
these general edits, these corrections support this update's direction from the first reading overall.
The following table captures the changes between readings for this document:
PAGES
AFFECTED MODIFICATION
Front, 8 Cover and flow chart updated to say 2025
1 General grammar including passive to active voice updates
10 Added detail to pedestrian safety
18 Clarification of Community Housing and underlying zoning
21 Clarifications: Westin placed in parenthesis as the signage and familiarity of the Westin
benefits potential external users of the document; however Riverfront added per Council
direction for the correct name of the PUD. Additionally, while there has been discussion
in first reading about transit, the term “Avon Station” and a brief description of what it is
was not in the plan and has been updated accordingly.
23 Clarification of water and sewer infrastructure inserted increasing consistency with other
plans.
27-28 Language updated increasing linkage to goals, principles, and Community Housing per
Council direction
29 General grammar including passive to active voice updates
30 Language improved regarding existing commercial use details, per Council discussion at
first reading
36-37 Language strengthened regarding the existing conditions
CPA24001 – Sun Road Redevelopment Plan February 13, 2025
Page 2 of 7
43 Language strengthened regarding Community Housing for Preferred Concept, per Council
direction. Reference to Willits and Snowmass removed per direction of Town Manager
46 Language strengthened and clarified regarding Community Housing, per Council direction
49 Language strengthened and clarified regarding the implementation timeline, per Council
direction
BACKGROUND: The Sun Road area is currently a prominent corner in the Town Core that is substantially
under-developed. Past planning efforts in the West Town Center included the West Town Center
Redevelopment Plan, which included very detailed development goals and design criteria for the
properties along the Main Street Pedestrian Mall; however, there was no vision, goals or design ideas
presented specific to the Sun Road properties. The Town of Avon invested heavily in West Beaver
Creek Boulevard approximately 10 years ago to incentive investment in development and
redevelopment.
Creating a subarea plan for Sun Road was identified in Community Development’s 2024 goals. The project
began in early 2024 after retaining the consultant services of DTJ. The Avon DDA has been the lead citizen
board on this project because the Plan involves redevelopment of this area with a heavy emphasis on
Community Housing and anticipate that tax increment financing by the Avon DDA will be a substantial
incentive. The Avon DDA Board of Directors must determine if the Plan supports or advances the
purposes of the DDA Plan, DDA Statutes, or Avon Comprehensive Plan as required by AMC Section
4.12.030.
Please note that the East Town Center Redevelopment Plan has been delayed until after adoption of
Sun Road. Staff expects the Sun Road Redevelopment Plan will serve as a template for the East Town
Center Redevelopment Plan.
OVERVIEW: The updated Plan provides an introduction that sets its intentions for redevelopment and
includes details surrounding the existing conditions for this area, a strategic vision for redevelopment,
commentary regarding this redevelopment opportunity, implementation strategies, and design standards
and expectations for the redevelopment. The majority of the property is currently zoned as Town Center,
allowing a much higher density, and could be redeveloped at any time without Town intervention. The
purpose of this Plan is to adopt a more specific vision of mixed-use development of this area that combines
substantial Community Housing with neighborhood retail and services, a regional transit hub, and parking
structure in a high quality new urbanist design format that brings buildings up to the side walk. The
purpose, intent, goals and strategies are described in much greater detail in the Plan document.
PROCESS: Avon Planning and Zoning Commission (“PZC”) and the Avon Downtown Development
Authority (“Avon DDA”) held a joint work session on April 22, 2024. Attendees provided feedback on the
overall framework plans for the Sun Road and East Town Center Redevelopment Plans. At the April
meeting, the Avon DDA members requested another opportunity to meet as a board independently, and
additional work sessions were held with the Avon DDA in May, September, and October. On November 4,
the Avon DDA held a public hearing and approved a resolution supporting the adoption of the Plan as
required by AMC Section 4.12.020. Avon DDA’s adopting resolution is included with this report. The PZC
conducted public hearings and reviewed this Plan at its November 18th and December 9th, 2024, meetings
where PZC took action to recommend Council adoption of the Sun Road Redevelopment Plan.
CPA24001 – Sun Road Redevelopment Plan February 13, 2025
Page 3 of 7
Town Council discussed this file with Staff on January 28, 2025. While primarily supporting this plan,
Council directed Staff to update the document predominantly within Chapters 5 and 6, clarifying and
strengthening the intentions for the proposed implementation of Community Housing, and additionally,
improved language broadening what is being anticipated for next steps in evaluating the potential for
Sun Road. A copy of the proposed and updated plan is provided as Exhibit A.
PUBLIC NOTIFICATION: The Application was publicly notified in the Vail Daily on January 23, 2025 and
January 31, 2025. No public comments have been received.
DISCUSSION: Council is acutely aware of the difficulties the workforce is experiencing regarding housing.
Whether it’s the need for housing (new units) or that our existing code does not recognize what design
elements are needed or not necessary with certain types of housing (e.g., decreased parking or an increase
in building heights), by having the Sun Road Redevelopment Plan in place provides developers an
expectation for an area suited for redevelopment of an underutilized commercial-only area located in Town
Core. In creating a framework through this Plan guiding developers towards incorporating residential while
not explicitly demanding adherence to a pre-designed site plan, redevelopment may come to fruition without
compromising creative design potential or limiting flexibility in new projects.
PLANNING ANALYSIS: The following section includes the applicable commentary and analysis for
CPA24001 (Comprehensive Plan Amendment).
REVIEW CRITERIA. Council shall use the following review criteria as found in AMC §7.16.030 as the basis
for recommendations and decisions on applications to amend the Avon Comprehensive Development Plan
(“Comp Plan”):
(1)The surrounding area is compatible with the land use proposed in the plan amendment or
the proposed land use provides an essential public benefit and other locations are not
feasible or practical;
Staff Response: This amendment does not affect areas of the Town that are not suitable for
development; the amendment more actively promotes a more effective use of this underutilized area of
Avon for Community Housing, an essential public benefit to the community. Other benefits promoted in
the Plan also include increased economic redevelopment opportunity benefitting residents of newly
created housing and visitors staying at nearby hotels, and the overall vitality of Avon by reinvigorating
this very dated area, in creating a regional transit hub.
This area is identified in the Comprehensive Plan as being in the Town Center District, where:
“The Town Center District serves as the heart of the community. A mix of lodging, residential,
government services, civic facilities, and commercial uses compliment social, cultural, political, and
recreational gatherings in the District. It provides a diversity of land uses in vertically mixed-use
STAFF ANALYSIS & REPORT
PZCPUBLIC HEARING RECOMMENDATION November 18/24 December 9/24
TOWN COUNCIL ORDINANCE & PUBLIC HEARING 1st Reading 1/28/25 2nd Reading 2/25/25
DDA ADOPTION
November 4, 2024
CPA24001 – Sun Road Redevelopment Plan February 13, 2025
Page 4 of 7
buildings to be the common ground between full-time residents, part-time residents, and destination
guests.
The Town Center District will continue as the primary focus for mixed use, pedestrian-oriented
residential and lodging development within the Town. The size of the parcels provides an
opportunity for a variety of redevelopment opportunities. Avon should encourage redevelopment
opportunities when they provide community benefit, improve street patterns, and create more direct
pedestrian walkways and bike paths.”
(2) Transportation services and infrastructure have adequate current capacity or planned
capacity, to serve potential traffic demands of the land use proposed in the plan
amendment;
Staff Response: This plan amendment does not largely affect infrastructure; rather, has the potential to
improve infrastructure within this area. Land use applications will still necessitate review by Staff prior
to proceeding into construction, and all impacts and nuances will be examined at that time. This
amendment simply updates Avon’s direction towards increasing Community Housing in a site that is
primed for redevelopment as a use by right. The Plan is purposefully written knowing that specific
concepts and designs will be forthcoming, offering more opportunities for discussions and creative
alternatives prior to redevelopment.
(3) Public services and facilities have adequate current capacity or planned capacity to serve
the land use proposed in the plan amendment;
Staff Response: This amendment does not alter the boundaries of the Town and affects existing
parcels within town limits that have been included/planned for in capacity estimates for development.
When a specific development application is proposed, impacts will be further assessed to see if any
modifications would be necessary for service. This includes water and sewer, as well as broadband
services.
(4) The proposed land use in the plan amendment will result in a better location or form of
development for the Town, even if the current plan designation is still considered
appropriate;
Staff Response: Having Community Housing as a targeted land use, infused with commercial support
and the redevelopment and reinvigoration of this important gateway of Avon and the Town Center
supports this finding and ratifies that mixed-use is the most appropriate form of development
(redevelopment) for the Sun Road area.
(5) Strict adherence to the current plan would result in a situation neither intended nor in
keeping with other key elements and policies of the plan;
Staff Response: This amendment supports this finding as it reflects a recent endeavor to change the
development pattern from low-intensity or underdevelopment to highly desirable redevelopment with
focus on a transit-oriented development (“TOD”). Council is consistent in recognizing that there should
be Comprehensive Plan support for appropriate redevelopment, which is a sounder approach in guiding
developers in integrating Community Housing in any redevelopment opportunity in Town Center with
consideration of transit development assets in appropriate locations, like in the heart of Avon.
CPA24001 – Sun Road Redevelopment Plan February 13, 2025
Page 5 of 7
(6) The proposed plan amendment will promote the purposes stated in this Development Code;
Staff Response: Furthering the Comp Plan by creating sub-area redevelopment plans is a compatible
action in looking at ways to increase housing efforts in Avon (at a minimum). Updating the Comp Plan
in this manner supports and or allows both documents to correspond with each other, strengthening the
planning process and review of pending development resulting in achieving the assets that Avon
desires or necessitates.
(7) The proposed plan amendment will promote the health, safety or welfare of the Avon
Community and will be consistent with the general goals and policies of the Avon
Comprehensive Plan.
Staff Response: This amendment updates and clarifies current goals and policies of the Town of
Avon, particular to revitalization projects. Creating a specific area plan as an extension of the Comp
Plan is in the interest of Avon and promotes the health, safety, and welfare of the Avon community on a
larger scale by providing new development with direction and expectation without stifling creativity. The
Mixed-Use principles of the Sun Road Redevelopment Plan are in conformance with the Mixed Use
land use designation for the area, as identified in the Future Land Use Map of the Comp Plan, and
within the Town Center District, as previously mentioned in this report.
GENERAL REVIEW CRITERIA: Conformance with General Review Criteria in AMC §7.16.010(f)(1),
General Criteria, which provides criteria that are applicable to all development applications:
(1) Review Criteria. The reviewing authority shall be Director when the Director has the authority
to administratively approve a development application. The reviewing authority shall be the
PZC and/or Town Council for all development applications which are subject to public
hearing. The reviewing authority shall review development applications for compliance with
all relevant standards and criteria as set forth in the specific procedures for the particular
application in this Development Code, as well as the following general criteria which shall
apply to all development applications:
(i) The development application is complete;
(ii) The development application provides sufficient information to allow the reviewing
authority to determine that the development application complies with the relevant
review criteria;
(iii) The development application complies with the goals and policies of the Avon
Comprehensive Plan; and
(iv) The demand for public services or infrastructure exceeding current capacity is
mitigated by the development application.
Staff Response: This Comp Plan Amendment is complete. Staff believes sufficient information
exists to allow the Council to review this application with the applicable review criteria. This Comp
Plan Amendment application will not create impact demands for public services or infrastructure as
a recommending document, as it is not a development application. All impacts of redevelopment
will come forward as projects develop. At this time, there is no indication that the Sun Road area
will not be able to be redeveloped with mitigation.
CPA24001 – Sun Road Redevelopment Plan February 13, 2025
Page 6 of 7
Specific to (iv), the General Review Criteria provisions are geared towards development applications,
to ensure that a new development plan will not injure or cause major disruptions for existing
development. This Plan acknowledeges the need to pursue further investigation of the carrying
capcity of the area and discover what will need to occur to support redevelopment. Staff will seek
grant funding for this due diligence in 2025.
RECOMMENDED FINDINGS:
CPA24001:
1. The proposed amendment to the Comp Plan by way of creating the Sun Road Redevelopment
(subarea) Plan- as an extension of the Comp Plan, is both compatible with the goals and policies of
the entirety of the Avon Comprehensive Plan while recognizing that Avon has unique needs that
requires a thoughtful framework (like this Plan) to achieve a well-planned and beneficial
redevelopment.
2. This amendment complies with the Review Criteria outlined in Section §7.16.030(c) of the
Development Code and offers increased support for Community Housing efforts and protections for
one of Avon’s important gateway areas.
3. The proposed amendment bolsters the purpose statements of the Development Code in increasing
its support for Community Housing coupled with the expectation of implementing good design; and
4. The proposed amendment promotes the health, safety, and welfare of the Avon Community by
supporting a stable economic community with opportunities for Community Housing for families and
young professionals.
GENERAL CRITERIA FINDINGS:
1. The development application is complete.
2. The application provides sufficient information to allow the Town Council to determine that the
development application complies with the relevant review criteria.
3. The development application complies with the goals and policies of the Avon Comprehensive Plan;
and
4. The demand for public services or infrastructure exceeding current capacity does not require
mitigation at this time and with the adoption of the Sun Road Redevelopment Plan as there is no
development application accompanying this Comp Plan Amendment that results in a physical
project that utilizes public services or infrastructure.
RECOMMENDATION: Staff recommends Council adopt the Sun Road Redevelopment Plan as an
amendment, considered a related plan or as an extension to the Avon Comprehensive Plan.
OPTIONS: Council has the following options with the Application:
• Approve of the Plan as presented
• Approve of the Plan with revisions
CPA24001 – Sun Road Redevelopment Plan February 13, 2025
Page 7 of 7
•Continue the Public Hearing to a specific date
•Deny of the Plan, with findings
TOWN MANAGER COMMENTS: The Sun Road area presents a unique opportunity for high quality,
attractive mixed-use development that incorporates a significant amount of Community Housing.
Redevelopment has the potential to boost economic development and establish an active and vibrant
neighborhood in the Town Core. High quality design, Community Housing and public amenities are not
likely to occur without active involvement by the Town to facilitate property owner coordination and
significant public investment.
PROPOSED MOTION: “I move to approve Ordinance 25-04 on second and final reading, Adopting the Sun
Road Redevelopment Plan as an Amendment to the Avon Comprehensive Plan based on the findings
§7.16.030 Comprehensive Plan Amendment and §7.16.020(f)(1) General Criteria, as presented and
outlined in the Staff report and application.”
Thank you, Jena
Ordinance 25-04 ATTACHMENT A:
EXHIBIT A: Sun Road Redevelopment Plan
ATTACHMENT A
Ord 25-04 Comp Plan Amendment: Sun Rd Redevelopment Plan
Page 1
ORDINANCE 25-04
ADOPTING THE SUN ROAD REDEVELOPMENT PLAN AS
AN AMENDMENT TO THE AVON COMPREHENSIVE PLAN
WHEREAS, the Town of Avon (“Town”) is a home rule municipal corporation and body politic
organized under the laws of the State of Colorado and possessing the maximum powers,
authority, and privileges to which it is entitled under Colorado law; and
WHEREAS, the Avon Town Council (“Council”) has the authority to adopt planning
documents as described in Section 7.04.010 of the Avon Development Code; and
WHEREAS, updates, revisions, amendments, and extensions of and or to the 2017 Avon
Comprehensive Plan were presented to the Avon Planning and Zoning Commission in
accordance with the procedures set forth in Section 7.16.030 – Comprehensive Plan
Amendment; and
WHEREAS, the Town of Avon Planning & Zoning Commission (“PZC”), after publishing and
posting notice as required by law, held a public hearing on November 18th and December 9th,
2024, prior to formulating a recommendation to the Town Council considered all comments,
testimony, evidence, and Town Staff reports, and then took action to adopt Findings of Fact as a
Record of Decision and made a recommendation to the Town Council to approve the
Application; and
WHEREAS, in accordance with AMC §7.12.020, Council and in addition to other authority
granted by the Town Charter, its ordinances, and State of Colorado law, has review and decision-
making authority to approve, approve with conditions or deny the Application; and
WHEREAS, after publishing and posting notice in accordance with the requirements of AMC
Section 7.16.020(d), Step 4: Notice, Council held public hearings on January 28, 2025, and
February 25, 2025, and prior to taking final action considering all comments, testimony,
evidence, and Staff reports; and then took action by approving this Ordinance; and
WHEREAS, the purpose of this Amendment is to adopt the Sun Road Redevelopment Plan
herein attached as Exhibit A as an extension or related document of the Comprehensive Plan;
and
WHEREAS, the Application complies with AMC §7.16.010, General Criteria, and is consistent
with the Comprehensive Plan, specifically, with consideration of developing a shared, structured
parking facility with regional transit integration in Town Center- specifically in areas that are
walkable, and
ATTACHMENT A
Ord 25-04 Comp Plan Amendment: Sun Rd Redevelopment Plan
Page 2
WHEREAS, the Sun Road Redevelopment Plan also promotes additional benefit to the Avon
community by providing the framework for promoting new Community Housing implementation
in an area best suited for walkable, mixed-use development; and
WHEREAS, the health, safety, and welfare of the citizens of the Avon community would be
enhanced and promoted by the adoption of this Ordinance; and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm the Town
Council desires to comply with the requirements of the Avon Home Rule Charter by setting a
Public Hearing to provide the public an opportunity to present testimony and evidence regarding
the Application, and, that approval of this Ordinance on First Reading does not constitute a
representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this Ordinance prior to any final action prior to concluding the public hearing
on second reading.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Comprehensive Plan Amendments. The Avon Comprehensive Plan is hereby
amended by the adoption of the Sun Road Redevelopment Plan as a supplement to the Avon
Comprehensive Plan, as set forth in EXHIBIT A: SUN ROAD REDEVELOPMENT PLAN.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it has passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after final
adoption in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Council hereby finds, determines and declares this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public and this Ordinance is necessary for
the preservation of health and safety and for the protection of public convenience and welfare.
The Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
ATTACHMENT A
Ord 25-04 Comp Plan Amendment: Sun Rd Redevelopment Plan
Page 3
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed
to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 7. Correction of Errors. Staff is authorized to insert proper dates, references to
recording information and make similar changes, and to correct any typographical, grammatical,
cross-reference, or other errors which may be discovered in any documents associated with this
Ordinance and documents approved by this Ordinance provided that such corrections do not
change the substantive terms and provisions of such documents.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with
Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on HEARING by the Avon Town Council on January
28, 2025 and setting such public hearing for February 25, 2025 at the Council Chambers of the
Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado.
BY: ATTEST:
Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on February
25, 2025.
BY: ATTEST:
Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
Nina P. Williams, Town Attorney
Sun Road Redevelopment Plan
December 10, 2024
February 11, 2025
EXHIBIT A
Sun Road Redevelopment Plan
December 10, 2024
February 11, 2025
SUN ROAD REDEVELOPMENT PLAN
BLANK INSIDE COVER
Sun Road Redevelopment Plan
December 10, 2024
February 11, 2025
ACKNOWLEDGEMENTS
Town Council
Rich Carroll
Chico Thuon
Tamra Nottingham-Underwood
Lindsay Hardy
Ruthie Stanley
Gary Brooks
Kevin Hyatt
Planning + Zoning Commission
Olivia Cook
William Glaner
Brad Christianson
Kevin Hyatt
Anthony Sekinger
Nicole Murad
Brian Sipes
Downtown Development Authority
Councilor Rich Carroll
Councilor Chico Thuon, Alternate
Tony Emrick, Elected Chairperson
Gregg Cooper
Lisa Mattis
Scott Tarbet
Wayne Hanson
Matthew Fitzgerald
Chris Neuswanger, Elected Secretary
Brandt Marott, Elected Vice-Chairperson
Marcus Lindholm
Rob Tartre
William Glaner
Town Manager / Community Development
Eric Heil
Matt Pielsticker, AICP
Jena Skinner, AICP
Max Morgan, AICP
Emily Block
Consultant Team
DTJ Design
JVA Engineering
TABLE OF CONTENTS
Sun Road Redevelopment Plan
December 10, 2024
February 11, 2025
EXECUTIVE SUMMARY
A. Executive Summary
B. Redevelopment Vision C. Displacement Mitigation
D. Avon Investment Strategy
CHAPTER 1: INTRODUCTION
A. Introduction
B. Study Area
C. Adjacent Development Potential
D. Key Stakeholders
E. Sun Road Plan Area
F. Process
G. Plan objectives
H. Role of the Sun Road Plan
I. Conceptual Framework
J. Scale + Massing Examples K. Design Priorities
CHAPTER 2: EXISTING CONDITIONS
A. Existing Land Use B. Zoning + Zone Districts
C. Water Accounting
D. Access / Circulation
E. Transit F. Parking
G. Public Realm + Open Space
H. Infrastructure
CHAPTER 3: STRATEGIC VISION
A. Introduction B. Planning Principles
C. Community Housing D. Land Use Mix
E. Improved Street System F. Town Core Activation
G. Coordination with Existing Plans
CHAPTER 4: REDEVELOPMENT OPPORTUNITY
A. Introduction
B. Propensity for Redevelopment
C. Concept Alternatives
D. Preferred Concept Plan
CHAPTER 5: IMPLEMENTATION STRATEGIES
A. Introduction
B. Strategy
C. Implementation Timeline
CHAPTER 6: DESIGN STANDARDS AND EXPECTATIONS
APPENDICES
Sun Road Redevelopment Plan
December 10, 2024
February 11, 2025
Page 1 of 59
EXECUTIVE SUMMARY: The Sun Road Redevelopment Plan ("Sun Road Plan") is a sub-area plan that
establishes planning goals and investment strategies to promote redevelopment of an approximate 8-acre area
centrally located in the Town Core on the southwest corner of the I-70/Avon Road Interchange. The Sun Road
Plan area is substantially underdeveloped under the Town Center zoning, which allows high-density mixed-use
development. The central location, proximity to Harry A. Nottingham Park, and convenient access to Avon Road
and the I-70 interchange presentspresent a unique opportunity for a high-quality redevelopment project that
incorporates residential density into the Town Core.
This Sun Road Plan document explains the planning process, existing conditions, the strategic vision, the
redevelopment opportunity, the implementation process, and design standards and expectations. The
intent of this Plan document is to create a well-defined policy document that provides direction for Council,
Avon Planning and Zoning Commission, Avon Downtown Development Authority, and Town Staff in order
to promote consistency and alignment of efforts align and to implement the most efficient approach
towards supporting redevelopment. This Plan document also informs existing property owners and users,
the Avon community, and potential investors of the background, details, and potential that redevelopment
of the Sun Road Plan area offers. The overall combination of desired mixed-uses, required planning and
design, financing and coordination with existing users presents an unparalleled complexity in community
planning. However, successful redevelopment of the Sun Road Plan area and implementation of the
vision described in this Plan has the potential to create an unparalleled pedestrian and transit oriented
development that will positively contribute to the Town Core and Avon community for many generations.
SUN ROAD REDEVELOPMENT PLAN (“SUN ROAD PLAN”)
Sun Road Redevelopment Plan
December 10, 2024
February 11, 2025
Page 2 of 59
REDEVELOPMENT VISION: Avon envisions a mixed-use, transit-
oriented redevelopment project with 70,000+ sq.ft. of ground floor
commercial space and approximately [150-300] deed restricted
Community Housing units. Buildings should be built adjacent to the
sidewalk in a traditional downtown mixed-use urban manner. Parking will
be located behind the buildings in an above grade parking structure or
located below the buildings. The Sun Road right-of-way is anticipated to
be vacated and the square footage of this area – 26,200 sq. ft, is
expected to be reallocated to additional right-of-way along Avon Road
and West Beaver Creek Boulevard and for a public plaza. A right-in,
right-out vehicle access to the project area is expected to remain in the
approximate location of the existing Sun Road/Avon Road intersection.
The expectation for redevelopment of the Sun Road Plan area is to
accommodate the existing businesses and public facilities, including
Walgreens, FirstBank, and the U.S. Post Office. Other ground-floor
neighborhood commercial businesses are also appropriate. Regardless
of the mix of these components, all new development will incorporate best sustainability practices,
including all-electric construction and high energy efficiency. Additionally, Sun Road may be the most
suitable area for a transit center, as the Town anticipates that the existing Avon Station transit area will
be at capacity in 3-10 years, depending on the expansion or operational plans of Avon’s regional transit
partners. Combining neighborhood commercial, Community Housing, and transit provides an ideal
transit-oriented development in this location.
While the existing Town Center zoning
allows buildings up to 80’, generous site
coverage, zero front yard setbacks and
7.5’ side yard setbacks between buildings
on different lots, development is also
guided by the Avon Comprehensive Plan
and the Design Standards of the Avon
Development Code. Additionally, the
Avon Development Code also has a
Density Bonus process which allows for
flexibility in building height, density,
reduction in the number of parking spaces
and reduction of setbacks for projects that
provide Community Housing, public
amenities and economic value.
DISPLACEMENT MITIGATION: Avon strongly desires to accommodate the interest of existing businesses
and public facilities to remain in the Sun Road Plan area. Avon will closely coordinate with existing property
owners and uses to determine appropriate plans for phasing, sequencing and redevelopment which can
mitigate or minimize the potential impacts resulting from redevelopment. This Sun Road Plan includes
strategies for Displacement Mitigation.
TOWN CENTER
The Town Center zone district is
Avon’s downtown core area that
provides a mix and dense
grouping of accommodations,
restaurants civic uses and
commercial services. The Town
Center zone district provides
sites for high density mixed-use
developments that can include a
variety of uses such as hotels,
residential, retail, and offices.
This area has strong pedestrian
connections and convenient
access to local and regional
transit.
SAMPLE LAYOUT:
A sample / potential layout is
provided right, for illustration
purposes. Actual development
design and layout will likely vary.
Sun Road Redevelopment Plan
December 10, 2024
February 11, 2025
Page 3 of 59
AVON INVESTMENT STRATEGY: The Sun Road
Plan is within the Avon Urban Renewal Authority
(“Avon URA”), West Town Center Investment Area,
and the more recent Avon Downtown Development
Authority (“Avon DDA”) area. The Avon URA and
Avon DDA have the authority to collect the increment
of new property taxes generated from new
development within these boundaries, and the Town
can then reallocate this money within Avon instead of
going to Eagle County. The Avon URA and Avon
DDA may also provide financial assistance for public
utilities, public plazas, courtyards, pocket parks,
Community Housing, and, potentially, parking
structures. The property tax increment revenues
generated from new construction are related to the
value of the new construction.
The amount of financial contribution towards
Community Housing is determined case-by-case,
considering any limits or restrictions on rent rates and
appreciation on resale; however, Avon’s goal is to
achieve at least 50% of the residential units subject
to Community Housing deed restrictions with a strong
preference for a higher percentage of Community
Housing. Certain taxes and fees (including building
permit fees) related to Community Housing
development in Avon are eligible for waiver, which
help to offset development impacts.
RIGHT
Urban Renewal Authority Boundary
BELOW
Downtown Development Authority Boundary
Sun Road Redevelopment Plan
December 10, 2024
February 11, 2025
Page 4 of 59
Chapter 1:
INTRODUCTION
Sun Road Redevelopment Plan
December 10, 2024
February 11, 2025
Page 5 of 59
PURPOSE: This Sun Road Plan establishes a community based plan and vision for the redevelopment of
the Plan area which best supports Avon’s Comprehensive Plan goals, the Avon Community Housing Plan,
the West Town Center Investment Plan and the Avon Downtown Authority Development Plan. Existing
development in the Plan area is substantially underutilized compared to development allowed under the Town
Center zoning. Redevelopment of this area presents a unique opportunity to guide and support high density
development to achieve many community goals.
The Sun Road Plan envisions a mixed-use urban neighborhood that includes a regional transit center that
includes Community Housing and neighborhood commercial amenities within easy walking distance to
Avon’s civic, recreational, retail, and entertainment uses. This Plan provides the vision and strategies for an
economically viable and attractive residential neighborhood. The Avon DDA Plan recognizes the connection
between establishing a critical mass of full-time residents with viability of ground floor commercial uses.
Attractive neighborhood commercial uses may include restaurants, coffee shops, banking, pharmacy, postal
services, personal services and convenience retail. The Plan also supports high quality public spaces that
are integrated into the development to achieve quality urban design and an attractive, pedestrian-safe
environment.
The development of a high-density residential neighborhood in this area significantly advances Avon’s
climate action goals by providing severely needed workforce housing near the major job centers of Avon,
Beaver Creek and Vail. The pedestrian access to neighborhood commercial and easy access to fare free
transit is intended to support a lifestyle that is not dependent on daily single-occupancy vehicle use. New
construction is envisioned to utilize all economically viable techniques to reduce or prevent greenhouse gas
emissions, including all electric and high energy efficient construction. Redevelopment of this area also
presents an opportunity for a common heating district which may provide economic efficiencies as well as
reduction of greenhouse gas emissions.
The Sun Road Plan will serve as the primary
guiding document for review and support of
any redevelopment proposals in the Plan
area by several entities including the Avon
Town Council, the Avon Planning and
Zoning Commission, the Avon Downtown
Development Authority, and Avon Staff.
STUDY AREA: The Sun Road Plan area
consists of approximately 8-acres located in
the Town Core on the southwest corner of
the I-70/Avon Road Interchange. The study
area is comprised of four (4) privately-
owned parcels. The Sun Road Sub Area
currently provides lodging, commercial
retail (banking, drug store and the US Post
Office).
CHAPTER 1: INTRODUCTION
Sun Road Redevelopment Plan
December 10, 2024
February 11, 2025
Page 6 of 59
Existing uses adjacent to the Study Area include lodging, residential and a variety of commercial uses. Civic
uses include the Avon Town Hall, Avon Recreation Center and Avon Library.
ADJACENT DEVELOPMENT POTENTIAL: The Sun Road Area is substantially underdeveloped and
without major redevelopment since the Sheraton Mountain Vista development across from the USPS circa
2002. Sheraton Mountain Vista is a time-share hotel with a limited number of small employee housing units.
The third lot (Lot 3) was not developed and was sold to a hotel developer in 2022. Avon approved a hotel
project on Lot 3 in 2023. This 72,422+ sq. ft hotel is slated to have approximately 120 rooms.
Also nearby is the Avon Center, originally part of Lot B. This mixed-use structure is one of Avon’s oldest
buildings. Much like the Sheraton Mountain Vista, the “final” phase of this development was never
constructed, and this area/lot is currently vacant except for surface parking. Lodging and residential
development across the street from the Sun Road Plan area is expected to increase demand for potential
neighborhood commercial and personal services.
South of Lots 3 and B lies the Avon Pedestrian Mall, also known as La Zona. Avon’s goal is to ensure a
pedestrian access through these properties remains regardless of redevelopment, to connect West Beaver
Creek Boulevard to the Westin Gondola (to Beaver Creek), the regional bike and pedestrian path that travels
along the Eagle River, and to the existing bus hub known as Avon Station.
Sun Road Redevelopment Plan
December 10, 2024
February 11, 2025
Page 7 of 59
KEY STAKEHOLDERS: Key stakeholders include the property owners and the existing businesses, Avon,
the Avon URA (Town Council) the Avon Downtown Development Authority (an independent body appointed
by Council), and the greater community in general – especially those within walking distance.
Very prominent to this endeavor is the Avon Downtown Development Authority (“Avon DDA”): The Avon
DDA was formally established in 2023. The goal of the Avon DDA is to promote high-quality in-fill
development and redevelopment with the Avon DDA plan area to increase Community Housing and support
successful ground level retail and commercial development. The Avon DDA includes East Town Center,
West Town Center, Nottingham Station, and the valley floor from Post Boulevard to City Market, Walmart,
Home Depot, Traer Creek Plaza, and the Village (at Avon) Planning Area J on north side of the I-70/Post
Boulevard interchange.
SUN ROAD PLAN AREA:
The Sun Road Plan area
consists of four individual
properties with different
owners:
1. The Comfort Inn
2. The United States Postal
Service
3. Walgreens Pharmacy
4. FirstBank
Parcel Land Use Description Zoning Parcel Area
1 Accommodations Comfort Inn RH-C Residential High
Density Commercial
(Retired)
2.78 acres
2 Public/Civic US Post Office TC - Town Center 2.56 acres
3 Commercial /
Retail
Walgreens TC - Town Center 1.08 acres
4 Commercial /
Service
FirstBank TC - Town Center 1.71 acres
8.14 acres
Table __ : Existing Parcel Area
Sun Road Redevelopment Plan
December 10, 2024
February 11, 2025
Page 8 of 59
PROCESS: The Sun Road Plan was prepared over the course of fourteen
months with participation by the Avon DDA, Planning and Zoning Commission,
Town Council, and the Public (November 2023-January 2024). The Sun Road
Plan incorporates important goals and strategies from the Avon
Comprehensive Plan, Avon Community Housing Plan, Avon Transportation
Plan, West Town Center Investment Plan, Avon Downtown Development
Authority Plan and Eagle County Climate Action Plan. Particular attention was
given to the West Town Center Investment Plan to retain and incorporate
vision, goals, strategies and design principles which are still relevant to the Sun
Road Plan area.
The Sun Road Plan was reviewed by the Avon DDA and Avon PZC. The Avon
DDA held multiple work sessions and a public hearing on November 4, 2024,
provided a recommendation to the Council to adopt this Plan. The Avon PZC
held public hearings on November 18 and December 9, 2024, and also
provided a recommendation to the Council to adopt this Plan.
The guidance in this Sun Road Plan is intended to articulate the goals and
vision of the Avon community while acknowledging the importance of
collaboration with private developers. Any prospective development in the Sun
Road Plan area will require subdivision and development plan review under
the Avon Development Code, analysis of potential tax increment revenues,
review of financial investment and commitments by Avon, project review by the
Avon Downtown Development Authority in addition to review by the Avon Town
Council.
REDEVELOPMENT GOALS: The Redevelopment Goals of the Sun Road Plan
are to promote redevelopment of this area into a high density, mixed-use
development which (1) maximizes full-time residential density, (2) mitigates
relocation or displacement of existing uses, (3) incorporates high quality
architectural design and high-quality urban design, and (4) establishes a new
Regional Transit Hub (Transit Oriented Development). The recommendations,
strategies, policies, and programs within this Plan provide direction for
redeveloping the Sun Road area. There are no residential units currently within
the Sun Road Plan area. New residents will support neighborhood businesses
Sun Road Redevelopment Plan
December 10, 2024
February 11, 2025
Page 9 of 59
which will create activation, vibrancy and identity for the neighborhood. Additional commercial uses will
also add amenities for residents and visitors.
PLAN OBJECTIVES: Plan Objectives, predominantly derived from work sessions with the DDA, are set
forth as follows:
• Establish a new regional transit hub to offset use at Avon Station.
• Maximize Community Housing and achieve or exceed a minimum of 50% of residential development
in the Sun Road Plan area as full-time, primary residential use.
• Identify options for financial support and partnerships to incentivize redevelopment, including but not
limited to use of the Avon URA Avon DDA and state and federal grants.
• Promote redevelopment that creates a vibrant urban neighborhood.
• Support public-private strategies to construct public parking.
• Incorporate safe and attractive pedestrian access throughout the neighborhood and connecting to
adjacent areas.
• Incorporate high quality urban design and sustainable development practices.
• Include an attractive public plaza with public art that supports adjacent civic and commercial uses.
• Include functional traffic design that maximizes efficiency for ingress and egress
• Ensure infrastructure capacity will support new redevelopment.
• Achieve all-electric, energy efficient design
• Explore feasibility of district heating utilizing Avon’s heat recovery system
ROLE OF THE SUN ROAD PLAN: This Plan provides a guide for Avon, property owners, developers and
investors when designing and evaluating redevelopment projects. Avon recognizes that actual
development design will likely result in different configurations and will require extensive coordination with
existing uses in the Plan area. Development will likely occur in phases, including Plan adoption; land
assemblage, acquisition, and/or partnerships with existing property owners; conceptual designs; updates
to Capital Improvement Plans and financial strategies; updates to the Avon Development Code; soliciting
developers and investors to implement redevelopment; facilitating design review and entitlement process.
The Plan also addresses mitigation of relocation and displacement of current uses to implement the
redevelopment of the Plan area. This Plan should be used to strongly promote the desires uses, urban
design and architecture while recognizing flexibility in layout and phasing to coordinate with existing uses
and investment parameters.
CONCEPTUAL FRAMEWORK: Consensus was established for a full-time resident neighborhood in the
heart of Avon within easy walking distance to civic, recreational, retail, and entertainment. The Plan
identifies community benefits that would be realized with development, including Community Housing,
pedestrian activation and placing making, establishment of a new regional transit facility, and establishing
successfully ground level commercial uses. This Plan recognizes that flexibility in the mix of uses and
design may be required for financial viability.
Land Use Metric Existing Concept
Residential Units 0 180-300
Accommodations Rooms 150 250
Commercial Sq. Ft 62,000 62,000-70,000
Parking Spaces 373 600+
Civic Plaza Acres 0 0.2
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Fig __:
PLAN PRIORITIES: A series of guiding principles were developed to evaluate concepts for the Sun Road
Plan. The guiding principles evolved into a series of Design Priorities as the project advanced. For example,
developing a mixed income Community Housing strategy and ensuring equitable development that minimizes
small business displacement in the Sub Area was deemed an important overarching principle.
The following six Plan Priorities drive the concepts, goals, objectives and design standards for this Sun Road
Plan:
1. Community Housing
a. Increase opportunities for full-time residential occupancy in the Town Core
b. Provide housing types appropriate for urban core environment
c. Strive to maximize rent-capped and price-capped deed restricted units that will remain affordable
over time
2. Regional Transit Hub
a. Incorporate a regional transit hub into the Plan
area
b. Increase pedestrian travel with concentrated
Community Housing on the valley floor
c. Improve opportunities for social interaction in
creating a vibrant Town Core
d. Increase convenience for workforce traveling
up and down the valley to employment centers
e. Decrease air pollution and energy
consumption with more trips made without
personal vehicles
3. Pedestrian Experience
a. Improve attractiveness, functionality and safety
of pedestrian routes within the Plan area to
avoid or minimize pedestrian and vehicle
conflicts
b. Maintain and or improve pedestrian
connections to adjacent areas
c. Integrate a public plaza and public art to enhance pedestrian
experience and support activation and place making
4. Economic Development
a. Support redevelopment that enhances vitality of existing uses
b. Mitigate displacement of existing uses
c. Add neighborhood commercial uses that appropriately serve existing and planned residents and
visitors in and near the Plan area
5. Avon Authenticity
a. Retain existing businesses
b. Provide opportunities for new unique neighborhood businesses
c. Promote placing making that enhances investment interest and patronage of businesses
Regional & Local
Transit Partners
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6. Public Space
a. Create an attractive public plaza that integrates with ground floor neighborhood businesses and
provides an inviting informal space for residents, visitors and regional transit users b. Incorporate public art into the public plaza to enhance the interest and attractiveness of this
space
c. Situate the public plaza for high visibility, maximum solar access, and easy pedestrian access
d. Integrate the public plaza into the building form design to provide relief and interest to a wall of
buildings fronting the sidewalk
7. Urban Form a. Maximize or more fully-utilize the development potential permitted under existing zoning
b. Situate buildings with ground floor commercial to front onto the adjacent sidewalks
c. Incorporate quality architecture and design, with particular attention the buildings fronting Avon
Road, West Beaver Creek Boulevard and the public plaza
d. Support ground level neighborhood commercial uses that are accessible to the public, such as
coffee shops, restaurants, bakeries
e. Take advantage of existing views in all directions
Picture on the Pedestrian Mall of Lettuce Shed Lane
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CHAPTER 2: EXISTING CONDITIONS
Chapter 2:
EXISTING
CONDITIONS
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EXISTING LAND USE: The Sun Road Plan area is comprised of four parcels on approximately eight (8)
acres. Current development includes (Comfort Inn, 146 rooms) United States Post Office (20,209 sq.ft.),
Walgreens (15,232 sq.ft.) and FirstBank (20,209 sq.ft.). There are no designated Town owned civic park
spaces or residential units within the defined study area.
CHAPTER 2: EXISTING CONDITIONS
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Existing buildings are generally set-back form the street with parking lots in front, creating a suburban
development form.
Comfort Inn from West Beaver Creek Blvd.
Property Acreage
Lot Area
(Sq. Ft)
Building Size
(Sq. Ft) FAR
Comfort Inn 2.78 121,097 290,452 2.4
USPS 2.56 111,514 20,209 .2
Walgreens 1.084 47,219 15,232 .3
FirstBank 1.714 74,662 20,209 .3
Sun Rd ROW 0.61 26,203 N/A 0
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Avon Post Office from West Beaver Creek Boulevard
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Walgreens from the corner of Sun Road / Avon Road
Walgreens from Sun Road
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FirstBank from Sun Road / Avon Road
FirstBank from West Beaver Creek Blvd. 2024
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ZONING: Properties in the Plan area are currently zoned Town Center (TC) and Residential High Density
Commercial (RH-C, a retired district). Each district defines allowable uses, development standards, and
parking requirements zone, and with TC being the majority zone district, redevelopment will not need a
rezoning to accomplish a new mix of uses in this area, except for the Comfort Inn property. Recommended
zoning change is to Mixed-Use Commercial to allow transition from this urban core area to adjacent three-
story multi-family structures. If there is a redevelopment opportunity to develop all the residential units as
deed restricted Community Housing units, then a Community Housing zone district (most likely, Community
Housing Mixed-Use or CHMU-1), would be in alignment with this change of use. Community Housing is a
permitted residential use in all zone districts that allow residential use.
ZONE DISTRICTS
Town Center (TC) (USPS/bank/pharmacy): Purpose Statement: The TC district is intended to provide
sites for a variety of uses such as hotels, commercial establishments, offices, and some residential uses
in a predominately pedestrian environment. The Town Center should be distinguished from other areas
in the Town and serve as the focal point for social, business, and cultural activities. This district contains
the highest intensity of uses and should serve as the major transit destination as well as provide high
levels of pedestrian accessibility. The TC district implements the mixed-use classification of the Avon
Future Land Use Plan.
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Residential High Density Commercial (RH-C) RETIRED (Comfort Inn): This zone district is retired
and may not be utilized for redevelopment of this property.
Mixed-Use Commercial (MC) (recommended for Comfort Inn): Purpose Statement: The MC district
is established to group and link places used for working, shopping, educating and recreating with
residential uses, thereby creating a compact community form. This district allows commercial, office,
civic, townhouse and apartment uses and, along with Neighborhood Commercial, is the preferred
district and development type in Avon. The mostly vertical mix of uses will reduce vehicle trips, relieve
traffic congestion and provide an urbanized, pedestrian environment. MC implements the mixed-use
land use classification of the Avon Future Land Use Plan and should be located adjacent to the Town
Center as a transitional district.
WATER ACCOUNTING: The Sun Road Plan area is underdeveloped compared to existing zoning. Comfort
Inn is the only property that fully utilizes the water allocated. Although there is an additional 159 SFE’s to
support new development, full redevelopment will require additional allocation of water rights. Water
conservation standards and regulations for both interior water use and outdoor irrigation are adopted in the
Avon Municipal Code.
This table represents the Single-Family Equivalent (SFE) allocated to each property compared to existing
development pattern:
Property
SFE Water
Allocation SFE Current Use SFE Remaining
Comfort Inn 59.3 59.3 0
USPS 79.6 2.6 77
Walgreens 36.8 5.8 31
FirstBank 56.8 5.8 51
TOTAL 232.5 73.5 159
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ACCESS + CIRCULATION: The existing street network in the Sun Road Plan area includes Sun Road,
West Beaver Creek Boulevard, and Avon Road. Sun Road is a fifty-foot wide right-of way curvilinear street
layout with six-foot wide sidewalks separated by landscape areas (estimated area is 0.61 acres or 26,203
sf). Sun Road accommodates an estimated 1,300 ADT’s. There is no designated on-street parking on Sun
Road. Avon’s pedestrian network offers an advantage to visitors and residents, as a walkable town.
Fig ___ Proximity Image
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TRANSIT: Avon Transit serves both residents and visitors. The Avon public transit system provides year
round fare-free bus around Avon and a season skier bus in the winter for direct access to Beaver Creek Ski
Resort. Avon also has a partnership arrangement to support seasonal gondola service which provides a
connection from the (Westin) Riverfront public plaza to the Landing chairlift on the lower Bachelor Gulch side
of Beaver Creek Ski Resort. Avon’s Public Transit system provides four local routes that are a convenient
way to access local shops, restaurants, and attractions such as the Avon Recreational Center, Harry A.
Nottingham Park, or the public library, as well for skiers and employees going to Beaver Creek. Avon’s only
multi-transit stop area, Avon Station, services local and regional transit but lacks parking to act as a park and
ride.
LOCAL TRANSIT
The Avon East--Red Line runs every 30-minutes between 6:30am to 10:00pm. The route services the
residential areas in east Avon along Hurd Lane and Hwy 6, including Traer Creek Plaza and Buffalo
Ridge Housing Complex.
The Avon West--Blue Line runs every 30-minutes between 6:28am to 10:00pm. The route services
the residential areas in west Avon along West Beaver Creek Boulevard and Hwy 6, including the Town
Core businesses and Traer Creek Plaza.
Figs. ___: Typical Seasonal Public Transit Routes
See also Bus Routes and Schedules
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REGIONAL TRANSIT
In the winter of 1987-88, Avon took over the operation of the regional bus service and continued operation
through intergovernmental agreements until April 2001, when ECO Transit officially assumed day-to-day
operations for regional bus service. In 1994 the funding partners decided to seek a dedicated funding
source (Eagle County transportation sales tax) for regional transportation. As the valley's population had
grown, the demands for transportation had also increased, and this translated into a larger financial
commitment from the funding partners. A ballot initiative for a dedicated funding source was approved
by the voters in November 1995. The Eagle County Regional Transportation Authority was made official
on January 1, 1996.
In November 2022, residents voted to improve the formation of a new regional transportation authority,
the Eagle Valley Transportation Authority (“EVTA”) which has since been rebranded as “Core Transit”.
Core Transit provides fare-free service to Avon, Edwards, Eagle, Minturn, Red Cliff, Vail, and Beaver
Creek.
PARKING: The Sun Road Sub Area includes a total of 373 surface parking spaces*. Each parcel includes
on-site surface parking and service access. Table XX summarizes the current parking requirements for the
Sun Road Sub Area based on the current Town of Avon Development Code.
*Off street parking only. Sun Road does not include on-street parking along West Beaver Creek
Use Category Use Type Parking Requirement
Residential Dwelling, Multi-Family Studio: 1 per unit
1 BD: 1.5 per unit
1BD/DU > 2,500SF: 2 per unit
Guest Parking for Multi-Family Varies by # of units
Hospitality Accommodations 1 per unit
Commercial Uses General 4 per 1,000 sf.
Food + Beverage 1 per 60 sf.
Office 3 per 1,000 sf.
Table __ : Current Parking Requirements
Parcel Block Land Use Description Zoning Parking
Provided
1 A Hospitality Comfort Inn RH-C 147
2 A Commercial / Retail US Post Office TC 78
3 A Commercial / Retail Walgreens TC 60
4 B Commercial / Retail FirstBank TC 88
TOTAL 373
Table __ : Existing Parking by Parcel
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PUBLIC REALM + OPEN SPACE: There are no designated public-owned greenspace areas in the Sun
Road Sub Area today; however, this area is within a 5 minute walk to Harry A. Nottingham Park, Avon’s
largest regional park. Private parcels include landscape buffer areas along Avon Road, Sun Road, West
Beaver Creek Boulevard. The existing landscape is comprised of mature vegetation. The adjacent West
Beaver Creek Boulevard was rebuilt in 2018 and updated the streetscape with design with tree-lined streets
and limited on-street parking.
INFRASTRUCTURE: This narrative provides information on the existing infrastructure within the plan
boundaries and addresses known existing domestic water and sanitary sewer mains. The Sun Road area
includes the area north of West Beaver Creek Boulevard adjacent to Sun Road. The East Avon area includes
the area east of Avon Road, south of I-70, west of Chapel Alley and north of the railroad tracks. The narrative
is based on available recent site information (previously completed site survey) and the as-built information
received from the Town of Avon. The Eagle River Water and Sanitation District owns and maintains all water
and sewer infrastructure within Avon.
Domestic Water. In the Sun Road area, a 12” DIP domestic water main runs south of West Beaver
Creek Boulevard from the west end of the study area past the intersection of Sun Road. The water main
then cuts across West Beaver Creek Boulevard to the north side across Avon Road. There is an 8” DIP
water loop that goes north into Sun Road at intersection and cuts back south to return to 12” DIP main
in West Beaver Creek Boulevard. The 12” main then connects to a 12” DIP main running north to south
in East Avon Road. The domestic water described continues across Avon Road along the north side of
East Beaver Creek Boulevard to the Plaza Road intersection. Just past the Plaza Road intersection, the
water main crosses East Beaver Creek Boulevard the south side of the road and continues east in the
roadway past the intersection with Beaver Creek Place. the water main then turns southeast along the
property line to Beaver Creek Place. The water main then runs within the southern lane of Beaver Creek
Place to the intersection of East Benchmark Road. From a tee in Beaver Creek Place, a water main runs
south in Chapel Place to the east end of the study area. Another water main runs along the west edge
of the study area in East Benchmark Road to Avon Road.
Sanitary Sewer. In the Sun Road area, an 8” PVC sanitary sewer main runs north of West Beaver Creek
Boulevard from the west end of the study area passed intersection with Avon Road towards the east end
of the study area. Approximately 150’ from Avon Road the sanitary sewer main crosses West Beaver
Creek Boulevard, the 8” main runs along the south side of the road and then heads south along west
shoulder of Avon Road. There are five manholes along West Beaver Creek Boulevard. In the East Avon
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area, the sanitary sewer continues across Avon Road in the north lane of East Beaver Creek Boulevard
past Beaver Creek Place. The as-builts past this point are incomplete, but JVA is assuming that the
sewer main ends here. Another main runs in the east lane of Beaver Creek Place and ties into the above-
described sanitary sewer main at the East Beaver Creek/Beaver Creek Place intersection. This branch
of the main runs in the east/north lane of Beaver Creek Place to eastern most north property line,
approximately 225’ away from East Beaver Creek Boulevard. Another
sanitary sewer main runs along the west edge of the study area in East Benchmark Road to Avon Road.
Figs. ___: Existing Water and Sewer Infrastructure
Drainage. Drainage for this area has been addressed with previous approvals of existing
developments. Additional drainage improvements may be required depending upon site design.
Fiber Optic. Fiber conduit will be needed along roads where parcels do not connect to existing
conduit. For example, using the current development as a proposed model, conduit installation along
Avon Road is recommended to provide fiber access to the Walgreens parcel.
See image, next page.
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Figs. ___: Existing Fiber Optic Installation
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[
Chapter 3:
STRATEGIC
VISION
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INTRODUCTION: Redevelopment of the Avon Sun Road Plan area has the potential to provide uses desired
by the Avon community, significantly advance and enhance the character of Avon’s Town Core, establish a
true pedestrian and transit oriented mixed use development featuring Community Housing, increase the local
economy, and implement complex climate action strategies. The vision, goals, and objectives were
developed and refined by the Avon DDA and Staff, and further refined with the property owners, existing
business owners and the Avon Planning & Zoning Commission. The vision, goals, and objectives served as
guideposts throughout the planning process. Chapter 5. Implementation and Chapter 6. Design
Standards and Expectations are intended to achieve the vision, goals and objectives.
Avon recognizes the necessity to maximize development of new Community Housing in the Town Core to
promote sustainable and livable workforce housing while also supporting the success of local businesses
that are dependent on an available workforce and benefit from a full-time resident population. The Sun Road
Plan area has the potential to increase the volume of development significantly in the Town Core and achieve
urban floor area ratios of 3:1 and up to 5:1.
PLANNING PRINCIPLES: The following Planning Principles were used to create the vision for
redevelopment of the Sun Road Plan area:
Sustainable Design
• Achieve a mixed-use pedestrian and transit-oriented development
• Require all-electric energy efficient building construction
• Incorporate convenient recycling and composting in the design
• Require the use of sustainable and environmentally appropriate building materials
• Encourage connection to the existing Heat Recovery System for energy offset purposes
• Explore use of geothermal possibilities
• Locate residences within walkable distance to job centers and public transit
Land Use
• Achieve a mix of uses that compliment and reinforce each other to create a neighborhood,
including Community Housing, neighborhood and regional commercial retail and personal services,
accommodations, regional transit center, and public civic spaces
• Implement commercial that also supports nearby hospitality uses
Pedestrian Circulation
• Ensure that pedestrians have safe, convenient and attractive access throughout the Plan area
• Apply pedestrian-first design strategies which prioritizes the pedestrian over vehicles
• Include pedestrian walkways and highly visible street crossings for convenient connection to
adjacent areas
• Incorporate wayfinding, landscaping, street furniture, and public art in pedestrian corridors
CHAPTER 3: STRATEGIC VISION
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Vehicular Circulation
• Preserve the existing Sun Road/Avon Road intersection as a right-in, right-out vehicle access to
the plan area
• Incorporate design and layout that is efficient for vehicles and transit with regard to turning
movements and access
Parking
• Integrate a centralized shared-use parking structure and program to accommodate residents,
visitors, and businesses
Character
• Require new development to incorporate mountain contemporary architecture that complements
and advances the emerging character in Town Center
• Recognize opportunities for architecture and building design to create a strong gateway first
impression on the corner with Avon Road and on the Avon Road/West Beaver Creek Boulevard
Corner
• Ensure that ground-level commercial uses are visible, fit the area's character, and support a
pedestrian-friendly experience
• Maximize solar exposure
• Orient buildings and entries to front adjacent sidewalks and a public plaza
• Incorporate high-quality landscape areas are designed to enhance gateway entries in the Town
Center (Avon Road) and the Sun Road area
Views
• Maintain critical views to and from the Sun Road area
• Provide visibility to orient people to their surroundings
COMMUNITY HOUSING: The Avon DDA and PZC assisted in developing guiding principles used to
evaluate design concepts for the Sun Road Sub Area. The guiding principles evolved into a series of
Planning Principles (see page 31) as the planning effort advanced. For example, developing a mixed income
Community Housing strategy and ensuring equitable development that minimizes small business
displacement in the Plan area is an important principle.
Avon has a broadly stated goal to achieve at least 50% full-time residential occupancy in new residential
development. This goal is stated in the 2021 Avon Community Housing Plan and is supported by the Avon
DDA Plan. This is an important element for the Sun Road area, and for Avon as a whole. Some portion of
free market residential development will likely be necessary to support financial viability of a redevelopment
project that incorporates Community Housing.
LAND-USE MIX: The Sun Road Plan area future land uses will center on new multi-family Community
Housing that may include both standalone multi-family and upper-level housing units above ground level
commercial and civic uses. Ground level uses should incorporate the existing US Post Office, pharmacy and
bank uses that serve the community while providing opportunities for additional neighborhood commercial
uses such as coffee shop, restaurants, retail, personal services and regional transit center uses. Ideally, the
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mix of increased full-time residential use with neighborhood commercial and civic uses will create a synergy
that enhances activation, vibrancy, and place making.
A larger regional transit center presents both complications and opportunities for redevelopment of the Sun
Road Plan area. A regional transit center will bring significant pedestrian traffic to this area will
providingprovide a modern and more functional transit hub that can accommodate future growth of transit
operations.
The Plan also recommends the redevelopment of the existing Comfort Inn site to accommodate an increase
in the number of hotel rooms and visitor amenities such as a bar and restaurant, and pool and gym facilities
– expected in newer hotels.
Fig. ___ Conceptual Land Use Diagram
IMPROVED STREET SYSTEM: The existing right in-right out of the Avon Road/Sun Road intersection
should remain for internal vehicle access. The secondary point of access into the redevelopment site would
be from West Beaver Creek Boulevard. This Plan anticipates that Sun Road would be vacated and the area
of the right-of-way would be reallocated to other uses that advance Planning Principles. This Plan also
contemplates that a round-about may be appropriate near the intersection of Sun Road and West Beaver
Creek Boulevard to support bus movements associated with a regional transit center.
TOWN CORE ACTIVATION: The existing building development in the planPlan area is set back from the
sidewalk with the parking lots in front in a low-density suburban development pattern. This results in a higher
frequency of vehicle use to access the businesses and a low level of pedestrian access and activity.
Increasing the overall density of development, introducing full-time residential occupancy, adding the
pedestrian traffic associated with a regional transit center, and enhancing pedestrian attractiveness on
sidewalks and with a public plaza are all expected to support significant activation and pedestrian use in the
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Plan area. The Avon Municipal Code design standards and application of Design Standards and
Expectations in Chapter 6 will result in attractive mixed-use projectprojects that isare desirable as a location
for neighborhood businesses and increases interest in business investment in Avon’s core.
BUILT FORM + URBAN DESIGN: Quality urban design for the Sun Road Plan area is appealing for
residents to frequent, live, and work in, while supporting our mountain lifestyle in the heart of the valley.
PRESENT BUILDING USE + FORM
The Sun Road Sub Area is generally
defined as a low-density suburban
form of development. The existing
parcel and block sizes are large with
surface parking fronting the building
development area. Existing structures
are “underdeveloped” one-story
commercial retail (Walgreens,
FirstBank and US Post Office) and two
story commercial office (FirstBank),
which do not maximize the existing
potential of the underlying Town
Center zoning. The Comfort Inn, built
in 1986, is a 4-story structure that
accommodates 146 rooms. The
neighboring FirstBank building was
built in 1987, and the U.S. Post office
is estimated to have been built in 1994.
The Walgreens is the most recent
structure built in 2012, replacing what
was once a Denny’s restaurant.
The most predominant feature of the
Sun Road area is the amount of
surface parking, as seen in the image,
right. Designed for vehicles, not
pedestrians, the Sun Road area is primed for the introduction of uses like residential upper floors with
mixed uses serving the Sun Road area on the lower / street level.
The revitalized Sun Road area should accommodate a thoughtful variety of architectural forms and styles,
massing arrangements, and considerand appropriate scale. New structures should be oriented to the
south and west to take advantage of the views, solar gain, and site aspect. Building entries should be
highly visible and building articulation and fenestration should support a highly transparent effect for
ground level commercial.
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Fig.___ Redevelopment Program
The overall massing and scale, and orientation of proposed structures should enhance views on to the
site and beyond. Structures may range in height and include up to six or seven stories. Taller buildings
should front the I-70 corridor and Avon Road. Built massing should be enhanced at entries and at
prominent corners within this area.
SPECIALTY USES: The Sun Road Plan area is centrally located in the Town Core and occupies a
prominent corner on Avon Road. Recommended commercial uses include the existing U.S. Post
Office, bank and pharmacy. Additional commercial uses should include uses that serve the
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neighborhood and transit users, such as coffee shop, restaurant, bakery and personal services.
Boutique or specialty retail uses and art galleries would also be appropriate.
COORDINATION WITH EXISTING PLANS: The Sun Road Redevelopment Plan is a focused plan document
for a specific, defined area within Avon Comprehensive Plan that provides a higher level of detail specific to
the defined area than what is generally found in the Comprehensive Plan. These subarea plans provide
greater detail and definition of existing conditions, community goals for development and redevelopment,
desired design elements, and strategies for implementation. This Plan will be adopted as an amendment to
the Avon Comprehensive Plan.
The following is a list of existing planning documents in Avon also guide development for the Sun Road area:
• 2024 Avon Comprehensive Plan
• 2023 Avon Downtown Development Plan
• 2021 Avon Community Housing Plan
• 2018 Multimodal Transportation and Parking Plan
• 2015 Avon Urban Renewal Plan for Town Center West Area
• 2015 Walkability Report
• 2009 H.A. Nottingham Park Master Plan
• 2009 Transportation Plan
• 2007 West Town Center Investment Plan
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Chapter 4:
REDEVELOPMENT
OPPORTUNITY
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INTRODUCTION: The Sun Road Plan area is significantly underdeveloped. Town Center zoning can
support a floor area ratio of 3.5-to-1 or higher. Redevelopment of the U.S. Post Office, Walgreens and
FirstBank parcels presents a unique opportunity for a mixed-use project that has excellent transit connection,
increases housing options and increase the year-round, full-time resident population in the Town Core,
increases neighborhood commercial that serves residents and visitors in the Town Core area as well as
transit users, increases economic growth, and creates a vibrant neighborhood that attracts more investment
interest in the Town Core 1.
Ideally, the Sun Road Plan area future land uses will center on new multi-family Community Housing that will
include mixed-use buildings with upper-level residential above ground level commercial and may include
stand-alone residential buildings. Redevelopment will provide new ground level commercial spaces for
existing users and for additional commercial uses that will compliment and reinforce the functionality and
vibrancy of this area as an urban neighborhood. The Sun Road Plan supports redevelopment of the existing
Comfort Inn site to modernize this lodging and increase the number of hotel rooms.
Existing uses in the Sun Road Plan area are substantially set back off West Beaver Creek Boulevard offering
little to no visual indication of what is located within this area. Mature trees mask views to existing buildings
The current uses are destination uses (bank/USPS/pharmacy Much of the area is dominated by parking lots,
and little to no pedestrian traffic occurs in this area presently. Redevelopment has the potential to implement
a more traditional main street commercial mixed-use building form with buildings brought forward to the
sidewalk edge to enhance both visibility of businesses and pedestrian activation.
1 American Planning Association (National) MARCH 28, 2022, Blog EVERYDAY DESTINATIONS Supporting
Active Living Through Mixed-Use Developments, by Johamary Pena, AICP, Sagar Shah, PhD, AICP
CHAPTER 4: REDEVELOPMENT OPPORTUNITY
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PROPENSITY FOR DEVELOPMENT Step 1
Each of the four parcels in the Sun Road Sub Area were evaluated based on the likelihood of
redevelopment potential. The evaluation of the likelihood of redeveloping a parcel is included in the table
below. This criterion was used as a guide to inform the potential for individual parcel redevelopment.
Fig. ___Development Propensity Exhibit
Evaluation of Parcels for Redevelopment. Avon considered several factors when determining the
potential and desirability for redevelopment. The factors are generally weighted with a “high” “medium” or
“low” factor for redevelopment. These factors include:
Potential for Redevelopment:
1. Density. Whether the parcel is currently utilizing its potential for development. This is measured
as a floor area ratio (FAR) of total existing square footage of development compared to total
square footage of the lot. Town Center zoning comfortably allows five stories of development with
a site coverage of 80%, which would result in a 4:1 FAR. A FAR of 2:1 is utilizing less than one
half the potential development of the parcel and an FAR of 1:1 or less is considered to be
significantly underdeveloped.
2. Age or Condition of Building. Demolishing an existing building has more cost compared to
developing vacant land. Commercial buildings are often developed with a planned useful life of 40-
50 years. Older buildings which are nearing the end of its useful life are considered to have more
potential for redevelopment. Other considerations include existing condition of building and
whether repair, replacement or remodel investments have occurred recently.
3. Infrastructure. Consideration is given to whether existing infrastructure surrounding and serving
the parcel can support redevelopment or will require off-site improvements.
Sun Road Redevelopment Plan
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February 11, 2025
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4. Ownership and Encumbrances. Consideration is given to current ownership structure, existing
leases, and covenants, easements or other agreements that affect title or potential redevelopment
of the property.
5. Environmental. Consideration is given to environmental factors which may impact or increase
costs for redevelopment. Environmental factors may include topography, slopes, hazardous
materials, drainage and floodplain, wildfire risk, poor soil and other physical factors affecting
development.
6. Zoning. Consideration is given as to whether existing zoning allows redevelopment.
Desirability for Redevelopment:
7. Current Use. Consideration is given as to whether the current use is compatible with zoning and
Comprehensive Plan. Current uses which are desirable, and which can be incorporated into
redevelopment plans should be given medium, or neutral, weight.
8. Potential Uses. Consideration is given as to whether there are additional uses which are desired
by the community.
9. Tax Revenues. Consideration is given as to what taxes are generated from existing use and what
taxes may be generated from additional or alternate future uses.
PARCEL 1: COMFORT INN
CONSIDERATION WEIGHT COMMENTS
1. Density Medium
This is a commercial lodging use with 146 rooms that could be
expanded with redevelopment or converted to residential. It may
be problematic to convert. to residential due to the difficulty in
creating individual metering for water/sewer, HVAC, and electrical
systems.
2. Age/Condition Medium Building was constructed in 1986 and appears to be in
goodsatisfactory condition.
3. Infrastructure High Existing infrastructure exists to support redevelopment of the
parcel.
4. Ownership /
Encumbrances Medium A corporate owner operates the existing lodging use. There are
no known encumbrances.
5. Environmental High This parcel is very flat. There are no known environmental
constraints to redevelopment.
6. Zoning Medium
Current zoning is a retired zone district: RH-C Residential High
Density Commercial. For redevelopment, most likely an alternate
zone district would be applied. If converted to mixed use or
residential, a Development Bonus potentially could vary building
height, density, parking and setbacks.
7. Current Use Low Current use is desirable as Avon’s use generating Lodging Tax.
8. Potential Uses Low Several potential uses are highly desirable on this site, including
mixed use or additional lodging uses.
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9. Tax Revenues Medium The property generates commercial property tax and lodging tax
but does not generate sales tax.
Overall rating for Redevelopment Potential is Medium
PARCEL 2: US POSTAL SERVICE
CONSIDERATION WEIGHT COMMENTS
1. Density High Current FAR is 0.2XXX and is substantially underdeveloped.
2. Age/Condition High Building was most likely constructed in the early to mid-1980’s and
appears to be in goodsatisfactory condition.
3. Infrastructure High Existing infrastructure exists to support redevelopment of the
parcel.
4. Ownership / Encumbrances High The USPS operates the existing building. There are no known
encumbrances.
5. Environmental High This parcel is very flat. There are no known environmental
constraints to redevelopment.
6. Zoning High Current zoning is Town Center. A Development Bonus potentially
could vary building height, density, parking and setbacks
7. Current Use Medium Current use serves the community; however, potentially not
specific to this lot and to this degree, but is acceptable within the
zoning and Comprehensive Plan
8. Potential Uses High Several potential uses are highly desirable on this site, including
Community Housing, regional transit center, additional
neighborhood commercial, and parking
9. Tax Revenues - The property generates no tax or financial benefit to Avon
Overall rating for Redevelopment Potential is HIGH
PARCEL 3: WALGREENS
CONSIDERATION WEIGHT COMMENTS
1. Density High Current FAR is 0.3XXX and is potentially underdeveloped.
2. Age / Condition Medium Building was constructed in 2012 and is in good condition.
3. Infrastructure High Existing infrastructure exists to support redevelopment of the
parcel.
4. Ownership / Encumbrances High Corporate owner operates the existing building. There are no
known encumbrances.
5. Environmental High This parcel is very flat. There are no known environmental
constraints to redevelopment.
6. Zoning High Current zoning is Town Center. A Development Bonus potentially
could vary building height, density, parking and setbacks.
7. Current Use Medium Current use is desirable, serves the community, and fits the zoning
and Comprehensive Plan.
8. Potential Uses High Several potential uses are highly desirable on this site, including
Community Housing, regional transit center, additional
neighborhood commercial, and parking.
9. Tax Revenues Medium The property generates commercial property tax and generates
sales tax.
Sun Road Redevelopment Plan
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Overall rating for Redevelopment Potential is HIGH
PARCEL 4: FIRSTBANK
CONSIDERATION WEIGHT COMMENTS
10. Density High Current FAR is 0.3 0.2-to-1 and is substantially underdeveloped.
11. Age / Condition Medium Building was originally constructed in 1987 and appears to be in
good condition.
12. Infrastructure High Existing infrastructure exists to support redevelopment of the parcel.
13. Ownership /
Encumbrances
High Owner operates the existing building. There are no known
encumbrances.
14. Environmental High This parcel is very flat. There are no known environmental
constraints to redevelopment.
15. Zoning High Current zoning is Town Center. Development Bonus is allowed for
building height, density, parking and set backs.
16. Current Use Medium Current use is desirable, serves the community, and fits the zoning
and Comprehensive Plan
17. Potential Uses High Several potential uses are highly desirable on this site, including
Community Housing, regional transit center, additional
neighborhood commercial, and parking
18. Tax Revenues Medium The property generates commercial property tax, but does not
generate sales tax or accommodations tax
Overall rating for Redevelopment Potential is HIGH
CONCEPT ALTERNATIVES: Three high-level concepts were evaluated as part of the future Sun Road
Sub Area. The concepts considered existing conditions, project objectives, and potential redevelopment
opportunities for further exploration. The opportunities considered modifying existing land uses and mobility
and access consistent with the Sub Area’sPlan’s intended vision and goalgoals.
The three alternatives included:
Concept 1: Regional Transit Hub/Ground Level Commercial/Community Housing + Free Market
[Comfort Inn is not included in development plan]
Concept 2: Ground Level Commercial/Community Housing [Lot by Lot in Phases]
Concept 3: Full Sub-Area Redevelopment [with Comfort Inn] Ground Level
Commercial/Community Housing
CONCEPT 1: Multi-modal Park-‘N-Ride Structure
Description:
New 2-to-3 story parking structure to accommodate 500-550 parking spaces
Multi-modal function serving visitors
Access to transit and gondola
Sun Road right-of-way remains
Comfort Inn remains
Walgreens, FirstBank and U.S. Post Office site to be redeveloped to accommodate similar retail
uses
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Fig ___: Sun Road – Concept 1 (Needs update)
CONCEPT 2:
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Community Housing
Description:
• New Community
Housing to
accommodate 190-
220 units
• New shared use
parking structure to
accommodate 200-
300 parking spaces
• Sun Road rights-of-
way remains
• Comfort Inn remains
• FirstBank parcel
remains, or is
modified to
accommodate other
uses as a pharmacy
retail-postal outlet
CONCEPT 3: Full Sub Area Redevelopment
POLICY – RESIDENTIAL OR LODGING FOR COMFORT INN
Description:
• New Community Housing accommodates 200-300 units and residential amenities (pool / club
house)
• New shared-use parking structure to accommodatesaccommodate 200-300 parking spaces
• Sun Road rightsright-of-way is eliminated
• Comfort Inn, Post Office, Walgreens and FirstBank parcels are redeveloped (land acquisition / land
assemblage is pursued for redevelopment
• New civic green space / additional surface parking
Sun Road Redevelopment Plan
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February 11, 2025
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Sun Road Redevelopment Plan
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STRENGTHS, WEAKNESSES, + OPPORTUNITIES
The analysis below represents each alternative and the Pros and Cons for each Concept under study.
Concept 1: Multi-modal
Park-n-Ride Structure
Concept 2: Community
Housing
Concept 3: Full Sub Area
Redevelopment
Pros
• Provides large supply of
parking spaces in one
location
• Easily accommodates and
intercepts visitors off I-70
• New renovated ground level
commercial / retail
• Ability to move Avon Station
to this location to
accommodate expanded use
• Supports new Community
Housing opportunities
• Multi-family wrapped around
parking structure
• Resident amenities (pool / club
house, lawn area)
• Opportunity for strong retail
street edge on West Beaver
Creek Boulevard
• Enhance pedestrian
connections
• Improved walking paths to
Main Street Mall + beyond
• Sun Road infrastructure
remains
• Opportunity for corner retail
(coffee shop, restaurant)
• Stronger Street edge along
West Beaver Creek
Boulevard
• Enhanced pedestrian
connections
• Walking paths to Main Street
Mall + beyond
• Comfort Inn redevelops to
maximize development yields
• New 6-to-7 story lodging (250
plus rooms) Increase lodging
• Amenities (pool, restaurant,
small retail)
• Secured, shared parking spaces
in parking structure
Cons
• Location as a major public-
private funded parking
investment
• Large parking structure
footprint
• Consumes a significant
portion of the Sun Road
Sub Area
• Limits potential to
accommodate Community
Housing
• Parking structure only, limited
surface parking
• No drive thru lanes
• Does not optimize
redevelopment opportunity
• Infrastructure cost to relocate
Sun Road utilities
• Land acquisition / land
assemblage
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December 10, 2024
February 11, 2025
Page 43 of 59
PREFERRED CONCEPT: A MultiThe “Preferred Concept” is a combination of elements from
Concepts 1 through 3 to include Community Housing, ground level neighborhood commercial, an
internal parking structure and transit hub (if appropriate). This multi-modal, transit-oriented
development (“TOD”) is the target development form of Sun Road.
A TOD is a type of development that concentrates residential, business (Community Housing),
commercial, and leisurecivic space within immediate walking distance of public transportation. TODs
are designed to be dense, walkable, and mixed-use, and are intended to create vibrant, sustainable,
and equitable communities.
TODs can have many benefits, including:
• Reduced dependence on cars: TODs can lead to less dependence on motor vehicles and reduce
exposure to traffic and noxious fumes.
• More efficient use of resources: TODs can help use resources more efficiently.
• Better for Increased Equity: TODs assist in providing housing options for all persons who work
within Avon, or outside of town in offering immediate multimodal transportation options.
• Support for Avon’s Hospitality uses: The Sun Road area is walkable to Avon’s existing
accommodation hotels, making this site a centralized asset for visitors.
The Sun Road Plan Area presents a unique and unprecedented opportunity to implement high-quality
design at the gateway to Avon while integrating public transit and substantial Community Housing
density. The concentration of residential density promotes vitality and activation while supporting
ground-level neighborhood commercial uses. The combination of residential and neighborhood
commercial uses promotes the attractiveness of Sun Road Plan Area as a residential location. The
proximity of this Plan area to the commercial center of Avon, civic amenities and park amenities
naturally enables and reinforces a pedestrian, auto-free lifestyle.
Requiring net zero all-electric construction will significantly advance Avon’s climate action goals. The
Sun Road Plan Area presents an opportunity to build a vibrant neighborhood that represents the best
sustainable design and development principles for the next generation.
The Preferred Concept will maximize benefits to the Avon community, set a new standard for
sustainable design, and set a new benchmark for high-quality urban design at this prominent gateway
corner of the Avon Town Center.
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EXAMPLE 1
The Hub at Willits
(Pitkin County)
Source:
aspensnowmass.com
The Hub at Willits is located in Basalt, considered mid-
valley at 22 miles (or about 25-35 minutes) from Aspen.
It’s next to a bus rapid transit facility, which efficiently
shuttles people up and down the Valley.
The Hub is located in a mixed-use development and is an easy walk to multiple restaurants, two grocery stores,
outdoor trails, Crown Mountain Park and various shops and storefronts. The hope is that when residents of The Hub
are commuting less, spending less money on housing, and living within the heart of the community where they work,
they will have an overall better quality of life.
EXAMPLE 2
Snowmass Mall Transit Center
This project is still in the planning
process. Similar to Avon, this is an
infillINFILL project adjacent to
housing and shops in the heart of
Snowmass.
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Chapter 5:
IMPLEMENTATION
STRATEGY
Chapter 5:
IMPLEMENTATION
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This section serves as a delivery framework intended as a guide for future decision making and programming.
INTRODUCTION: The Sun Road Redevelopment sub-area parcels for U.S. Post Office, Walgreens and
FirstBank are already zoned Town Center. Redevelopment could proceed without Town incentives and
facilitation. The Implementation Strategy in this Plan focuses on creating a high quality, mixed-use
development that includes a new regional transit center, ground level neighborhood services and high density
Community Housing development. This section outlines the steps, challenges and the Town’s role to
coordinate, facilitate, incentivize and advance redevelopment in this Plan area.
STRATEGY:
A. COMMUNITY HOUSING: Infusing residential uses like Community Housing in the Town Core will be
a key factor in reinvigorating a “downtown” district, like the Sun Road Area. Centrally located housing
can be attractive to people who work within walking distance of their employment, shops, restaurants,
and entertainment. This area of West Beaver Creek Boulevard is largely devoid of pedestrian and
social activities outside of vehicles accessing neighboring hotels. This is especially evident in the
evening, as the USPS and FirstBank close at 5 PM. Strongly communicating Community Housing as
a focal aspect of this project informs and attracts a certain type of experienced developer to Avon.
A.B. US POST OFFICE/WALGREENS/FIRSTBANK PARCELS: The primary parcels for redevelopment
planning are focused on the U.S. Post Office, Walgreens and FirstBank parcels because they are
currently under-developed and identified as having a high potential for redevelopment. These parcels
represent a unique opportunity to create a strong and attractive mixed-use development on a prominent
corner of Avon Road. Town’s initial role includes contacting each of the property owners and
establishing a working relationship for conceptual design, planning and coordination for
redevelopment.
B.C. COMFORT INN PARCEL: The Comfort Inn parcel is identified as having medium potential for
redevelopment. The current zoning is designated as a “retired” which means any redevelopment will
require a new zoning designation. The recommended new zoning is Mixed-Use Commercial in order
to serve as a transition from the Town Center zoning to the Residential Medium Density Zone District
to the west (Greenbriar). The Town will support and facilitate an application for rezoning of the Comfort
Inn Parcel when desired by the property owner.
C.D. REGIONAL TRANSIT CENTER: The planning, design and financing of a new regional transit center
is complex. This effort will require coordination with CORE Transit and CDOT; coordination with
existing uses (i.e. U.S. Post Office, Walgreens, and FirstBank); planning and design to integrate upper
floor offices, high density residential, a parking structure and a public plaza; pursuit of state and federal
grant funding; public financing by the Town of Avon, Avon Downtown Development Authority, and/or
Avon Housing Authority; and partnership with private developer. Planning for a new Transit Center
should include a “build-out” assessment of potential development and projected growth of transit
services for the next fifty years. Avon will take the lead on coordinating with CORE Transit and will
offer the take the lead on apply for grant applications to assist with design and programming costs.
CHAPTER 5: IMPLEMENTATION STRATEGY
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D.E. PLANNING AND DESIGN FOR US POST OFFICE, WALGREENS, FIRSTBANK: Planning and
design of for the U.S. Post Office, Walgreens and FirstBank will require initial coordination and
assessment by each existing property to determine space needs and any specialized designs unique
to the use in a redevelopment design (e.g. loading for U.S. Post Office, drive-through for U.S. Post
Office, Walgreens, and FirstBank). Transition and displacement mitigation must also be considered
for any future redevelopment. Such mitigation may include temporary alternate locations and/or
phasing of development to create new commercial space before demolition of existing space.
E.F. CONCEPTUAL DESIGN: The Town will seek to conduct or facilitate initial conceptual designs which
will be primarily intended to advance conversations and planning, determine physical feasibility, and to
generate prospective layouts and square footage estimates of different uses to create a financial pro
forma for potential development projects. The conceptual design process should utilize a Request for
Proposal process that is defined and administered with inclusion of the existing property owners and
the Avon DDA. The conceptual design should consider traffic flow through the site from Avon Road to
the planned alignment and intersection for access to Lot B/Lot 3.
F.G. PARKING DISTRICT: Redevelopment of the plan area will require significant parking and a parking
structure. Conceptual design should recognize and seek to incorporate the designation of a parking
district as authorized in the Avon Development Code to reduce overall parking requirements and to
create a functional parking structure with safe pedestrian connections to ground floor uses.
G.H. DENSITY BONUS: The Avon Development Code allows for Density Bonuses for projects which
provide Community Housing, public spaces, and economic benefits. Density Bonuses may include
increased building height and reduced parking. The Sun Road Plan area may be suitable for increased
building heights due to the location on the north side of West Town Center. Any increase in building
heights should be used to create architectural interest and variation in building heights rather than
attempting to create a monotonous super block building on the site. Limited reduction of parking for
residential uses combined with access to car share programs should be considered.
H.I. FINANCIAL MODELLING: Town will retain third party consultants to assist with financial modelling of
potential development scenarios. Financial modelling will occur concurrently with development of
conceptual designs. Financial modelling will consider various mixes of deed restricted and free market
residential development, various mixes of resident occupied and price capped/rent capped deed
restrictions, tax revenues from different commercial, retail, residential and public uses, and potential
tax increment financing revenues as relates to the Avon URA and Avon DDA. The Avon Housing
Authority, or regional partnership of housing authorities, will be considered as a source of public
financing.
I.J. TRANSITION AND DISPLACEMENT MITIGATION: Concurrently with development of conceptual
designs, Town will work closely with existing property owners to identify feasible transition and
displacement mitigation. Transition and displacement mitigation may include assisting with off-site
temporary commercial space and/or phasing to develop new commercial space for move-in before
demolishing existing commercial space.
J.K. PARTNERSHIPS: Redevelopment of the Sun Road Redevelopment Plan area will require numerous
partnerships. Conceptual planning will require existing property owners to partner with the Town of
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Avon, Avon Downtown Development Authority, Core Transit, and potential grant funding agencies.
Once a viable conceptual design is determined, then the Town would conduct a Request for
Proposal for Development Services to solicit an interested developer to further refine designs and
ultimate redevelop of the site.
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February 11, 2025
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IMPLEMENTATION TIMELINE:
The proposed Sun Road Redevelopment Plan is merely the first step in creating the foundation of a
comprehensive redevelopment framework guide for the future of the western Town Core of Avon.
The first step following the adoption of this Plan involves retaining consultants to evaluate existing and future
transit demands, conduct initial conceptual design work and conduct initial financial modelling. includes
engaging with consultants for site evaluation purposes.
The following table lists what Avon anticipates as timeline goals in “implementing” the Sun Road
Redevelopment Plan:
NEXT STEPS:
Adopt Sun Road Redevelopment Plan: Q1 – 2025
Scoping
Evaluate Future Transit Demands, Capacity at Avon Station,
and Potential for New Regional Transit Center and Existing
Users: at Sun Road:
Q1 – Q2 2025
Apply for Grant Funding to Defray Conceptual Design Costs:
Q1 2025
Solicit Conceptual Design Services:
Q2 2025
Conceptual Design/Financial Modelling:
Q3 2025 to Q3 2026
RFP for Developer Services:
Q4 2026 – Q1 2027
Construction Design with Development Partner:
Q2 2027 – Q1 2028
Commence Phase 1 Construction:
Q2 2028
While these actions are considered logical steps, the anticipated timing may be affected by any number of
unforeseen occurrences, as is common in entitlement activities.
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Chapter 6:
DESIGN
STANDARDS +
EXPECTATIONS
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This Chapter sets forth design standards and expectations for redevelopment of the Sun Road Plan Area
which will supplement the Design Standards set forth in Avon Municipal Code 7.28.090. The intent is to
provide clear guidance for desired design outcomes to maximize the efficiency of design and engineering
work.
VACATE SUN ROAD:
Sun Road will be vacated as a public right-of-way. The .61 acre area (26,203 sq.ft.) of Sun Road will
be repurposed to increase the sidewalk right-of-way along Avon Road, provide additional right-of-way
as may be need along West Beaver Creek Boulevard to accommodate angle bus parking and a round-
about, and to provide public plaza area.
SIDEWALKS:
Avon Road - The sidewalk right-of-way
along Avon Road shall be increased to a
minimum of 16’ width to allow a generous
8’ wide sidewalk in front of buildings and
generous 8’ wide planting area for trees
and landscaping. Avon Road is a busy
arterial. The additional landscaping will
create a barrier between the sidewalk and
Avon Road to improve safety and
enhance the pedestrian experience.
Widening the sidewalk right-of-way by 8’
is estimated to require 3,600 sq.ft. of
additional area [estimated 450’ length].
WEST BEAVER CREEK BOULEVARD:
The sidewalk may need to be increased to accommodate both pedestrian passage as well as boarding,
deboarding and waiting for transit. There are currently five (5) driveway accesses from West Beaver
Creek Boulevard. Redevelopment should reduce the total driveway accesses to two (2). Widening the
right-of-way for angle transit stalls and wider sidewalk by 30’ is estimated to require 9,000 sq.ft. of
additional area [estimated 300’ length].
PEDESTRIAN ACCESS:
Pedestrian access should be prioritized over vehicles wherever possible. Pedestrian access design
should enhance way finding and provide attractive, comfortable and safe pedestrian routes. In addition
to pedestrian access along Avon Road and West Beaver Creek Boulevard, interior pedestrian access
should be functional, comfortable, safe and attractive. Public art should be integrated where possible
and appropriate to enhance the pedestrian experience, including statues and sculptures, fountains,
creative sidewalk designs, and murals for blank walls along pedestrian routes. Stairwells should
CHAPTER 6: DESIGN STANDARDS + EXPECTATIONS
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include windows for public visibility and should include interior finishing to provide an attractive
experience.
ROUND-ABOUT:
Conceptual designs will explore the placement of a round-about near the intersection of Sun Road and
West Beaver Creek Boulevard in appropriate alignment to serve the common driveway access for Lot
B and Lot 3 on the south side of West Beaver Creek Boulevard. Additional right-of-way for a round-
about is estimated to require 6,000 sq.ft.
PUBLIC PLAZA:
A public plaza adjacent to the West Beaver Creek
Boulevard should be integrated into the project.
The size of the public plaza should be at least
7,600 square feet. The public plaza should be
located to provide attractive frontage for active
retail uses, informal outdoor seating, landscaping
and flower planters, and public art and/or water
fountain.
BUILDINGS:
The following principles and standards shall apply to building form, design and architecture. Relevant
sections of 7.28.090 Design Standards in the Avon Development Code are cited, expanded and
further defined for development in this Sun-Road Plan area.
Mountain contemporary architecture shall be
utilized with clean design lines, stone exterior
materials for the ground floor to create a base and
pitched roof and roof overhangs to create a top.
7.28.090(a)Purpose. (6) To encourage
developments that relate to adjoining public
streets, open spaces, parks, trails and
neighborhoods with building orientation and
physical connections that contribute to the
surrounding network of streets and walkways;
Buildings should be built up to the sidewalk edge
7.28.090(j) Mixed-Use and Nonresidential Design Standards.
(3) Site Layout and Design. Buildings shall be oriented to positively define and frame adjacent public
streets and/or public or common spaces, while promoting the collective form of neighborhoods
by:
(i) Building Orientation.
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(A) Buildings shall reinforce the street edges and create pedestrian-scaled open spaces.
Buildings on corner lots should be designed to positively define and frame the public
area of both streets they front.
(B) Building fronts and entries shall be oriented toward streets or public plazas and
should be arranged to create courtyards and other human-scaled spaces designed
to maximize solar access and exposure.
(C) Ground floors of new buildings shall be at grade or elevated above grade. Under no
circumstances shall a building be sunken below grade.
(4) Building Layout and Design (i) New development in Town Core shall maintain a high
interaction between pedestrians and the activities inside the buildings at ground level. [in
part]
Buildings fronting on Avon Road, West Beaver Creek Boulevard and the public plaza should be “retail
ready,” generally meaning that the interior floor to ceiling height should be at least 12’ high and that the
space should follow design standards in Section 7.28.090(J)(vii). Additionally, it is anticipated that the
pedestrian experience be paramount with building designs, embracing architectural relief with
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considerations to vertical step-backs and articulation of, or openings within building facades to prevent
a continuous “wall” experience.
7.28.090(J)(vii) Storefronts and Pedestrian Entrances.
A. The first floor of all new buildings shall provide: a pedestrian-friendly environment, with
human-scale and natural building materials; extensive storefront windows for display and
views into the business; and access directly from adjacent sidewalks.
B. When transparency is in conflict with internal functions of the building, other means shall be
used to activate the street-facing facades, such as public art, architectural ornamentation or
details or color patterns.
C. To encourage activity along the building frontage, entrances shall be located at intervals of a
maximum of thirty-two (32) feet.
D. The primary access to retail spaces on Benchmark Road, Main Street and West Beaver
Creek Boulevard shall be from the sidewalk.
E. New buildings should relate to the public space through architectural frontages that provide
direct access into them and a transition between their private space and public streetscape.
(1) New buildings shall be designed with frontages that activate the street by providing direct
access to ground-floor commercial spaces.
(2) To the maximum extent feasible, the principal building entrance shall face an adjacent
public street, public plaza or primary public walkway. In cases where the principal
entrance does not face the principal street, the entrance shall be connected to the street
and adjacent parking areas with a sidewalk.
(F) In order to ensure that building entrances are welcoming to pedestrians, easily identifiable
and accessible from streets and sidewalks, primary entries shall be clearly visible from the
street and accentuated from the overall building facade by:
(1) Differentiated roof, awning or portico;
(2) Covered walkways or arcades;
(3) Projecting or recessed entries from the surrounding building facade;
(4) Detailed doors and doorways with transoms, sidelights, trim details and/or framing;
(5) Windows within doorways equivalent in size to 50% of door surface area; and
(6) Decorative nighttime lighting where appropriate.
(G) Secondary entrances shall have minor architectural detailing that adds visual interest to that
portion of the facade.
(H) Public doors and entryways shall be a combination of glass and metal or wood or solid wood.
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[END OF DOCUMENT]
From: Ineke de Jong
Sent: Friday, February 7, 2025 8:39 AM
To: 'Amy Watson'
Cc: Council Everyone Group <council@avon.org>
Subject: RE: Sun Road Redevelopment
Good Morning Amy,
This confirms receipt of your email to the Avon Town Council. Thank you for taking the time to provide us your
input.
Sincerely,
Ineke
Ineke de Jong
Chief Administrative Officer
970.748.4013
idejong@avon.org
-----Original Message-----
From: Amy Watson
Sent: Friday, February 7, 2025 7:37 AM
To: Council Everyone Group <council@avon.org>
Subject: Sun Road Redevelopment
I’ve lived in Avon as a full-time resident in Wildridge for 13 years. In that period. I have watched as Avon has
grown and has had to accommodate increasing traffic. The traffic circles are being increasingly challenged to allow
traffic to enter. Since drivers are eager to catch a chance to enter and aren’t watching for pedestrians, they are
vulnerable.
Further development of Sun Road only worsens the situation. I fear that the traffic circles will become just like the
one in Edwards on Hwy 6 and Edwards Access Road which has become much too busy.
Further development will serve to put even more pressure on parking that is already too limited.
Our post office is already over-whelmed. It cannot accommodate the additional challenges of more density.
The area of Eagle-Vail north of I-70 at exit 168 is vast. That’s the area that should be targeted for new development
including residential and commercial - along with a new post office and a much bigger grocery store!
Avon is a small town and should remain so.
Sent from my iPhone
1314 Main Street, Suite 101, Louisville, CO 80027
betsy@wwfdlaw.com - (303) 376-8515
Page 1 of 4
MEMORANDUM
To: Honorable Mayor Underwood and Council members
From: Town Attorney’s Office – Betsy L. Stewart
Date: February 11, 2025
Re: Natural Medicine Act
A. Introduction
This memo contains an overview of the laws and regulations surrounding natural medicine,
as well as sample ordinances, to assist Council in understanding the state of the law and the manner
in which natural medicine can be regulated by the Town.
B. Historical Background of the Natural Medicine Act
In 2022 Colorado voters adopted Proposition 122 which is now codified as the Natural
Medicine Act (NMA) in C.R.S § 12-170-101, et seq. In 2023, the legislature adopted the Natural
Medicine Code (NMC) which sets forth additional guidelines for the use and cultivation of natural
medicine in C.R.S. § 44-50-101, et seq.1
In short, Colorado voters determined that natural medicine should be utilized as an
additional tool to address mental health issues in the state.2 As a result, the purpose of the NMA is
to establish a “new, compassionate, and effective approach to natural medicine” by (1) removing
criminal penalties for personal use of natural medicine for adults 21 years of age and older (2)
developing and promoting public education regarding the use of natural medicine and appropriate
training for first responders; and (3) establishing regulated access by adults 21 years of age and
older to natural medicines that show promise in improving well-being, life satisfaction, and overall
health.3 The legislature also recognized that the NMA and its regulations must balance the health
and safety risks to consumers and the cultural harms it could cause to American tribes and
Indigenous and traditional communities with connections to natural medicine.4
The Department of Regulatory Agencies (DORA) recently issued licensure and training
regulations for natural medicine facilitators.5 6 Meanwhile, the Colorado Department of Revenue’s
(DOR) regulations address all regulated natural medicine and natural medicine product businesses
1 See https://www.cpr.org/2023/06/21/colorado-psychedelic-law-for-psilocybin-mushrooms/ for a Colorado Public
Radio News Article re: the historical background of Proposition 122.
2 C.R.S. § 12-170-102(1).
3 C.R.S. § 12-170-102(1)(j).
4 C.R.S. § 12-170-102(2)(d).
5 4 CCR 755-1.
6 During the 10/30/2024 DOR Natural Medicine Division (DOR NMD) local jurisdiction roundtable, a DORA
representative confirmed that they are currently working on clarifying and updating their effective rules but did not
provide a deadline of when that was supposed to be finished. We will keep you updated once revised rules are issued.
1314 Main Street, Suite 101, Louisville, CO 80027
betsy@wwfdlaw.com - (303) 376-8515
Page 2 of 4
for the purposes of the cultivation, manufacturing, testing, storage, distribution, transport, transfer,
and dispensation.7 DOR’s rule regarding fees will be adopted in the near future.
C. Analysis of the NMA, NMC, and Regulations
1. What is natural medicine?
The term “natural medicine” currently applies to the hallucinogenic compounds of
psilocybin and psilocin found in psychedelic mushrooms.8
2. How can natural medicine be used?
a. Personal Cultivation and Personal Possession
Personal cultivation of natural medicine is permitted on private property in an enclosed and
locked space in an area of no more than 12 x 12 feet. Such cultivation area can be non-contiguous,
i.e. in one 12 x 12 plot or twelve 1 x 1 plots, etc. Municipalities are permitted to exceed the space
limitation by ordinance or resolution.
Unlike the state’s personal possession limit of 2 ounces for marijuana, there is no limit on
personal possession of natural medicine in the state for adults 21 years of age and older (21+). 21+
adults can share natural medicine with other 21+ adults in the context of counseling, spiritual
guidance, community based use, supported use, or related services so long as no renumeration is
received except in bona fide harm reduction or support services used concurrently with sharing. It
is important to note that the open and public display or consumption is prohibited as is the unlawful
distribution and possession of natural medicine by or to individuals under the age of 21.9
b. Natural Medicine Healing Centers
A Natural Medicine Healing Center is a state licensed facility in which a facilitator can
provide and supervise natural medicine services to a participant. Participants must be 21+ to
receive natural medicine services by and under a facilitator’s services and a facilitator is a 21+
licensed individual with necessary qualifications, training, experience, and knowledge required by
law to perform and supervise natural medicine services for a participant.10
The administration of natural medicine in a Healing Center consists of the following three
phases:
•A “preparation session” meeting between a participant and facilitator that occurs before
an administration session;
7 1 CCR 213-1.
8 C.R.S. § 12-170-104(12)(a)(I)-(II). However, C.R.S. §§ 12-170-104(12)(b)(I)-(III) and (d) permit the state licensing
authority to extend this definition to include dimethyltryptamine (DMT) and mescaline (excluding peyote) on or after
June 1, 2026 and ibogaine at any time.
9 See C.R.S. § 18-18-434 regarding Offenses relating to natural medicine and natural medicine products.
10 C.R.S. §§ 12-170-104 and 44-50-103 and 4 CCR 755-1-1.4
1314 Main Street, Suite 101, Louisville, CO 80027
betsy@wwfdlaw.com - (303) 376-8515
Page 3 of 4
•An “administration session” at a healing center or other permitted location where a
participant consumes and experiences the effects of regulated natural medicine under
the supervision of a facilitator; and
•An “integration session” between a participant and a facilitator after the administration
session is completed.
DORA’s regulations establish time frames that a participant must remain in an
administration session under a facilitator’s care based on dosage administered as a way to prevent
impaired driving.11 Natural medicine product is not permitted to leave a licensed Healing Center
except in narrow circumstances when a facilitator is traveling to another location for an
administrative session and any unconsumed product must be returned to a Natural Medicine
business.12 Finally, as a general rule, Healing Centers must be at least 1,000 feet from a licensed
childcare center, preschool, elementary, middle, junior, or high school, or a residential child care
facility.13
3. What does the NMA mean for municipalities?
a. What is prohibited?
The most controversial aspect of the NMA is that, unlike marijuana, a municipality cannot
prohibit a properly licensed facilitator from providing natural medicine services in a Healing
Center within the boundaries of Avon.14 Likewise, the Town cannot prohibit the establishment
or operation of a business with the purpose of cultivating, manufacturing, testing, storing,
distributing, transporting, transferring, or dispensing regulated natural medicine within its
boundaries.15 Furthermore, the Town cannot prohibit the transportation of natural medicine or
natural medicine product within its boundaries on public roads by a person licensed to exercise
such privileges nor can it adopt ordinances or regulations that are unreasonable or conflict with
the NMA or the NMC.16 However, it is important to note that state laws and regulations do not
allow natural medicine dispensaries where an individual can purchase natural medicine over the
counter (as they can do with marijuana in a marijuana dispensary) and take it home for personal
use off premises.
b. What is permitted?
The Town may enact ordinances or regulations governing the time, place, and manner of
the operation of natural medicine related licenses within its boundaries.17 Practically speaking, this
means the Town can restrict hours of operation, enact zoning ordinances to locate the area where
cultivation, manufacturing, testing, storage, distribution, transfer, and dispensation of natural
11 4 CCR 755-1 § 6.17(F).
12 4 CCR 755-1 § 6.18.
13 1 CCR 213-1 § 2125(A)(2).
14 C.R.S. § 12-170-112; C.R.S. § 44-50-104(5)(b).
15 C.R.S. § 44-50-104(1) and (5).
16 C.R.S. § 44-50-104(5)(c)-(d).
17 C.R.S. § 44-50-104(5)(a); C.R.S. § 12-170-112; 4 CCR 755-1; 1 CCR 213-1.
1314 Main Street, Suite 101, Louisville, CO 80027
betsy@wwfdlaw.com - (303) 376-8515
Page 4 of 4
medicine and natural medicine product occurs, and set distance requirements within the vicinity
of a child care center, preschool, elementary, middle, junior, or high school, a residential child care
facility, or a residential dwelling.
c. State Licensure Timeline and Notification to Municipalities
The DOR is required to begin accepting licensure applications no later than 12/31/2024
and anticipates that it will begin issuing licenses in February or March of 2025 with operations
beginning in April or May of 2025. The DOR intends to notify a municipality when it receives a
licensure application in its jurisdiction in order to ensure that the license application conforms with
locally enacted ordinances regarding natural medicine. Meanwhile, DORA’s applications for
facilitator licenses will be available by the end of 2024.
d. What are the effects of decriminalization?
Natural medicine actions and conduct permitted pursuant to a license, registration, permit,
or certificate, or those who allow property to be used for such items, are lawful and not an offense
under state or local law. Also, as stated in more detail above, personal cultivation and possession
for adults 21+ is now legal in Colorado, subject to a few restriction.
As a result, we will work with Chief Deisler regarding any questions he has related to
enforcement of C.R.S. § 18-18-434. However, it is clear that local law enforcement has the
authority to make arrests or issue citations within the parameters of this statute.
4. What can the Town do?
As stated above, the Town will need to decide whether or not it wants to implement time,
place, and manner restrictions in the form of ordinances that do not conflict with state law or
regulations in its Municipal Code.
Mayor Underwood asked the Town Attorney’s office to prepare a 6-month moratorium
until Council can consider the matter. The Town Attorney’s office is prepared to host a work
session on this topic in the next couple of weeks. Emergency Ordinance 25-07 is presented for
Council consideration with one reading and taking effect immediately.
PROPOSED MOTION: “I move to approve Ordinance 25-07 an Emergency Ordinance
imposing a temporary moratorium on the submission, acceptance, processing, and approval of
applications for and/or the establishment of natural medicine healing centers and businesses
within Town limits.”
Thank you, Betsy
ATTACHMENTS: ATTACHMENT A: Ordinance 25-07 an Emergency Ordinance imposing
a temporary moratorium on the submission, acceptance, processing, and
approval of applications for and/or the establishment of natural medicine
healing centers and businesses within Town limits
Ord 25-07: TEMPORARY MORATORIUM - NATURAL MEDICINE HEALING CENTERS AND BUSINESSES
02/14/2025
Page 1 of 5
ORDINANCE NO. 25-07
AN EMERGENCY ORDINANCE IMPOSING A TEMPORARY MORATORIUM
ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF
APPLICATIONS FOR AND/OR THE ESTABLISHMENT OF NATURAL MEDICINE
HEALING CENTERS AND BUSINESSES WITHIN TOWN LIMITS
WHEREAS, the Town of Avon, Colorado (Town) is duly organized and validly exists as a
Home Rule Town under Article XX, Section 6 of the Colorado Constitution and the Town’s Home
Rule Charter; and
WHEREAS, pursuant to C.R.S. § 31-15-401, the Town possesses the authority to adopt
laws and ordinances within its police power in furtherance of the public health, safety, and welfare;
and
WHEREAS, C.R.S. § 31-16-105 and the Avon Home Rule Charter § 6.6 authorize the
Town to enact and publish emergency ordinances; and
WHEREAS, Colorado voters adopted citizen initiated Proposition 122, which amended
Title 12 of the Colorado Revised Statues to include Article 170, now designated as the “Natural
Medicine Health Act of 2022” (NMHA); and
WHEREAS, the Colorado Natural Medicine Code (Regulatory Act), codified in C.R.S. §§
44-50-101 through 904 authorizes Town Council to enact ordinances regulating the time, place,
and manner of the operation of licenses issued pursuant to the Regulatory Act; and
WHEREAS, C.R.S. §§ 12-170-115 and 44-50-104 establish that the Town shall not adopt,
enact, or enforce any ordinance, rule, regulation, or resolution that is otherwise in conflict with the
provisions of the NMHA or the Regulatory Act.; and
WHEREAS, C.R.S. §§ 12-170-104(12)(a)(I)-(II) and 44-50-103(13)(a)(I)-(II) establish
that the term “natural medicine” currently applies to psilocybin and psilocin; in the event the
substances to which the term “natural medicine” applies is expanded this temporary moratorium
shall apply thereto; and
WHEREAS, C.R.S. §§ 12-170-104(8) and 44-50-103(6) define “healing center” as a
facility licensed by the state licensing authority that permits a facilitator to provide and supervise
natural medicine services for a participant; and
WHEREAS, C.R.S. § 44-50-103(14) defines “natural medicine business” as “a natural
medicine healing center, a natural medicine cultivation facility, a natural medicine products
ATTACHMENT A
Ord 25-07: TEMPORARY MORATORIUM - NATURAL MEDICINE HEALING CENTERS AND BUSINESSES
02/14/2025
Page 2 of 5
manufacturer, a natural medicine testing facility, or another licensed entity created by the state
licensing authority;” and
WHEREAS, the Town’s Municipal Code (Code) contains Land Use and Development
standards enacted to protect the health, safety, and welfare of residents of the Town; and
WHEREAS, under the Town’s current Land Use and Development standards, the
operation of natural medicine healing centers and natural medicine businesses are not permitted
land uses and the Town has not approved any such land use; and
WHEREAS, the Town does not currently have any zoning regulations addressing natural
medicine healing centers and natural medicine businesses; and
WHEREAS, DORA and CDOR have now issued regulations pertaining to the NMHA and
the Regulatory Act and the Town requires an appropriate amount of time to thoroughly review
such regulations to determine what, if any, local regulations need to be adopted by the Town; and
WHEREAS, the Town requires additional time to prepare and propose for adoption any
and all local regulations deemed necessary within its authority including, but not limited to, time,
place, and manner of operation regulations for natural medicine healing centers and natural
medicine businesses; and
WHEREAS, the six (6) month temporary moratorium imposed by this Ordinance is
intended to prevent the establishment and operation of natural medicine healing centers and natural
medicine businesses in the Town on a temporary basis in order to allow the Town to analyze and
apply the state of the law and regulations, to draft appropriate local ordinances, and to allow public
comment prior to adoption of any such ordinance; to ensure that prospective operators and owners
of natural medicine healing centers and natural medicine businesses are able to make business and
investment decisions with sufficient knowledge of local ordinances surrounding natural medicine;
and in order to promote the health, safety, and general welfare of the Avon community; and
WHEREAS, the six (6) month temporary moratorium imposed by this Ordinance also
prevents the submission, acceptance, processing, and approval of applications for the
establishment of a natural medicine healing center or natural medicine business in the Town; and
WHEREAS, the Town finds and determines that this Temporary Moratorium is necessary
for the immediate preservation of public health, safety, and welfare and this Ordinance shall
become effective upon adoption as authorized by C.R.S. § 31-16-105 and the Avon Home Rule
Charter § 6.6.
Ord 25-07: TEMPORARY MORATORIUM - NATURAL MEDICINE HEALING CENTERS AND BUSINESSES
02/14/2025
Page 3 of 5
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Temporary Moratorium.
(a)Restrictions. During the effective term of this Ordinance, there shall be no
establishment or operation of natural medicine healing centers and natural medicine
businesses in the Town nor shall the submission, acceptance, processing, or approval
of applications for the establishment or operation of a natural medicine healing center
or natural medicine business be permitted in the Town. For purposes of this Temporary
Moratorium, the terms natural medicine, natural medicine healing center, natural
medicine business, and the like are as defined by Colorado Revised Statutes and any
applicable and authorized regulations.
(b)Termination. This moratorium shall terminate on the 25 day of August, 2025 unless it
is terminated at an earlier date or extended by further Ordinance by the Avon Town
Council.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Emergency Declaration. Pursuant to C.R.S. § 31-16-105 and the Avon Home Rule
Charter § 6.6, the Town Council hereby finds, determines, and declares that an emergency exists
and that this Ordinance is necessary for the immediate preservation of the public health, safety,
and welfare of the Town because an analysis must be conducted on the impact on Town residents,
property owners, workforce, visitors, and customers concerning the state law and regulations
concerning Natural Medicine and the manner in which it should be regulated in the Town of Avon
as permitted by law and any local ordinance surrounding the same must be clear and consistently
applied among all residents and property owners without any gaps in enforcement or
implementation and, therefore, this Ordinance must be passed as an Emergency Ordinance.
Section 5. Effective Date. This Ordinance shall take effect immediately upon adoption
pursuant to Avon Town Charter § 6.6.
Ord 25-07: TEMPORARY MORATORIUM - NATURAL MEDICINE HEALING CENTERS AND BUSINESSES
02/14/2025
Page 4 of 5
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in
accordance with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING by the Avon Town Council on
February 25, 2025.
BY: ATTEST:
____________________________ ___________________________________
Tamra N. Underwood, Mayor Miguel Jauregui Casanueva, Town Clerk
APPROVED AS TO FORM:
____________________________
Nina Williams, Town Attorney
_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS.
AVON PLANNING & ZONING COMMISSION
MEETING ABSTRACT
MONDAY, FEBRUARY 10, 2025
PUBLIC MEETING BEGINS AT 5:30 PM
PUBLIC MEETING: 5:30 PM
1. CALL TO ORDER AND ROLL CALL (CHAIRPERSON)
MEETING COMMENCED AT 5:28PM. A ROLLCALL WAS TAKEN, AND PLANNING COMMISSIONERS CARLY HANSEN,
BRAD CHRISTIANSON, ANTHONY SEKINGER, OLIVIA COOK, NICOLE MURAD, NANCY TASHMAN AND BRIAN SIPES
WERE PRESENT. ALSO PRESENT WERE TOWN MANAGER, ERIC HEIL, COMMUNITY DEVELOPMENT DIRECTOR MATT
PIELSTICKER, AICP, PLANNING MANAGER JENA SKINNER, AICP, TOWN ATTORNEY NINA WILLIAMS, AND
DEVELOPMENT COORDINATOR, EMILY BLOCK.
2. SWEARING IN OF NEW COMMISSION MEMBER
ACTION: NEW COMMISSIONER NANCY TASHMAN WAS SWORN IN BY DEPUTY TOWN CLERK BRENDA TORRES.
3. APPROVAL OF AGENDA
ACTION: COMMISSIONER CHRISTIANSON MADE A MOTION TO APPROVE THE AGENDA. COMMISSIONER SIPES
SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 7-0.
4. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION RELATED TO AGENDA ITEMS
THERE WERE NO CONFLICTS OF INTEREST OR EX PARTE COMMUNICATION. COMMISSIONER HANSEN INFORMED THE
REST OF THE COMMISSION THAT SHE WORKS FOR ZEHREN AND ASSOCIATES, BUT IS NOT DIRECTLY INVOLVED IN THE
3-MILE PLAN PROJECT.
5. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA PUBLIC COMMENTS
ARE LIMITED TO THREE (3) MINUTES. THE SPEAKER MAY BE GIVEN ONE (1) ADDITIONAL MINUTE SUBJECT TO PLANNING AND ZONING
COMMISSION APPROVAL.
THERE WERE NO PUBLIC COMMENTS.
6. WORK SESSION
6.1. INTRODUCTION TO 3 MILE PLANNING – MATT PIELSTICKER, COMMUNITY DEVELOPMENT DIRECTOR
7. CONSENT AGENDA
7.1. JANUARY 27, 2025 PLANNING AND ZONING COMMISSION MEETING MINUTES
7.2. RECORD OF DECISION CPA24001
ACTION: COMMISSIONER SIPES MADE A MOTION TO APPROVE THE CONSENT AGENDA. COMMISSIONER
CHRISTIANSON SECONDED THE MOTION, AND THE MOTION PASSED UNANIMOUSLY, 7-0.
8. FUTURE MEETINGS
8.1. FEBRUARY 24, 2025
8.2. MARCH 10, 2025
_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, ONLINE AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL MATT PIELSTICKER AT 970-748-4413 OR EMAIL MATT@AVON.ORG WITH ANY SPECIAL REQUESTS.
9. STAFF UPDATES
10. ADJOURN
THE MEETING WAS ADJOURNED AT 5:51 PM
THESE MEETING 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 RECORDING OF THE MEETING, WHICH CAN BE OBTAINED FROM THE TOWN
CLERK’S OFFICE BY SUBMITTING A PUBLIC INFORMATION REQUEST.
RESPECTFULLY,
EMILY BLOCK
TO: Honorable Mayor Underwood and Council members
FROM: Charlotte Lin, Sustainability Manager RE: Bi-Monthly Sustainability Updates
DATE: February 18, 2025
SUMMARY: This report provides an update for all Sustainability and Climate Action initiatives in the Town of
Avon within the timeframe of January and February 2025. No action is required by Council.
BACKGROUND: Following the highly productive implementation of Town of Avon’s Climate Action &
Sustainability programs in 2023 and 2024, the Town continues into 2025 with 5 Sustainability Goals and 1 7
Sustainability Projects and regular Duties. The progress of these programs is reported in the table below as
appropriate in the January and February 2025 timeframe. It is important to acknowledge that the progress we
have made is the result of the collaborative efforts of many TOA staff.
SUSTAINABILITY UPDATES:
Official Sustainability Department Goals
2025 Official Goals What this goal accomplishes Progress January to February 2025
1. Avon
Composting
Program
Develop options with
identified costs for a
community wide
composting program, or
initial pilot project, to be
implemented in 2025.
• Staff plans to bring the research, community survey results
and a proposed pilot program to Council in March.
• The pilot program would also generate necessary data for
Staff to pursue further funding to support a larger
implementation of composting in Avon.
2. Climate Action Investment Matrix
Refinement
Continue progress from
2024 and apply the Net
Zero analysis results to
finalize the Matrix, with
the goal of understanding
the ROI and investment
priorities.
• In 2024, Avon completed our own Wedge Analysis and
collaborated with other Towns and the CAC to create a Net
Zero Modeling for Eagle County. The results solidified priority
strategies to achieve Net Zero, which would form the
foundation of the Climate Action Investment Matrix.
• Research on Climate Action Investment identified helpful work
from the City of Ann Arbor and the City of Aspen, which Staff
plans to follow to create our own Investment Matrix. The finalized Net Zero strategies will be applied to the Matrix for
future projections. Avon’s existing and past investments will be
recorded as well.
3. Biochar Pilot Program Concept Design
Design a biochar pilot
program in Avon based
on NREL’s report.
• In 2024, the Town was awarded 40-hour consulting by NREL
through the Department of Energy Waste-to-Energy Technical
Assistance program. The report will:
• include the cost and feasibility of pyrolysis
infrastructure in Eagle County for woody biomass and
biosolids.
• provide several technology and siting options, such as
a singular operation versus modular.
• analyze the impact of this infrastructure from cost,
GHG emissions, and material volume perspectives.
• Staff expect to receive this report in Q2 of 2025 and will use
the information to propose a conceptual design of a biochar
pilot program in Avon.
4. Single Use Plastic Ban
Design and Present a
Single-Use Plastic Ban
Ordinance
• Staff is conducting initial research and communicating with
peer communities on this topic.
5. PV & Battery
Design for Swift Gulch Campus
Design and construct a
PV & Battery system for the 3 buildings in the
Swift Gulch Campus
• The construction of the Public Works Garage continues with a
plan to install an electric boiler and retrofit air heat pumps
later. Meanwhile, Staff is waiting on the DOLA Climate Resilience Grant to support the PV & battery systems. We
have received good initial feedback, and a presentation is
scheduled in March, before the release of the final decision.
Other Sustainability Projects and Regular Duties
Sustainability
Projects &
Ongoing Duties
What this
program
accomplishes
Progress January – February 2025
Waste Reduction
1. Monitoring
Restaurant
Polystyrene Ban
Assist restaurants to
transition out of
polystyrene food
containers per the
requirement of
Ordinance 21-05.
• Monitoring and necessary outreach to help Avon restaurants
transition out of Styrofoam food ware was completed in 2024.
However, Staff will conduct quarterly monitoring in 2025 to
ensure continuous compliance.
2. Recycling Ordinance: Ongoing
Support
Continue supporting
the Avon community to implement
Ordinance 22-13
since it went into
effect in November
2023.
• Staff designed a new outdoor sign (Attachment A) to educate
multifamily residents to not put plastic bags around their
recycling, and instead to follow the correct practice of putting
recycling loosely in the large collection dumpster. A small pilot
batch of 43 signs was produced and the signs are being
distributed and installed.
3. Recycling Ordinance: Waste
Diversion Data Collection
Collect waste
diversion data from all of our haulers per
the requirement of
Ordinance 22-13.
• Staff are still waiting to receive the full set of 2024 data from all
haulers. One hauler requires some assistance in data formatting
– Avon and Vail are working together with them to resolve this
challenge. Staff expect to be able to report on the full 2024 data
by the end of Q1, 2025.
4. Zero Waste at
all Town Events
Implement the high
standards of waste
management at all
Town events across
departments.
• Staff have fully updated and published the Town’s Internal
Events Purchasing Policy (Attachment B). This was
presented to the Leadership Team in January.
• Staff will continue to assist Town Departments with both their
internal and community-facing events to ensure the Town serves as a zero-waste example to the larger community.
5. Styrofoam
Recycling
program Launch
Launch the
Styrofoam
Recycling Program
to provide a unique
service to divert
hard-to-recycle
material and
contribute to our waste diversion
goals.
• Avon was awarded the RREO (Recycling Resources Economic
Opportunity) Program to start a Styrofoam Recycling Program
with the densifier from Foam Cycle.
• The densifier was successfully delivered and installed on
February 3 and we received the final field inspection report on
February 13, 2025.
• Two staff trainings were conducted on February 3 and 4.
Everything went smoothly, and the program was announced to
Staff via the Internal HR newsletter along with some images
from the trainings (Attachment C).
• The full program will be open to the public in late February,
along with other Recycling Center upgrades.
Energy Efficiency & Electrification
6. Building Net Zero Action Plan Cohort
2024
Achieve the Climate
Action Plan priority
action “adopting net
zero or all-electric
construction code
for new buildings” through a regional
collaboration.
• The final Roadmap has been scheduled for Council on February
25, 2025. The lead Project Managers for this work, Lotus
Sustainability and the Climate Action Collaborative, will present
the Roadmap.
7. Promote Energy Rebates to the Avon community
Promote the updated suite of
energy rebates in
collaborate with
Energy Smart
Colorado.
• Avon’s 2025 energy rebates, administered by Energy Smart
Colorado, builds upon previous incentives and introduces new
rebates based on Official Goal #18 in 2024, which adds EVs,
EV chargers, and Batteries to the list of rebates.
• The new updates were presented to Council on February 11,
2025. Avon continues to fund the program with $40,000 to
support Avon’s energy efficiency and electrification-related
climate goals.
8. Building Analyst Certification Staff
Training
Increase Avon’s
capacity to conduct home energy
assessments to
fully maximize our
potential for
residential
electrification.
• The final Roadmap has been scheduled for Council on
February 25, 2025. The lead Project Managers for this work,
Lotus Sustainability and the Climate Action Collaborative, will
present the Roadmap.
Transportation
9. Vehicle
Idling Prevention Education
Promote awareness
and support to
minimize vehicle
idling
• New outdoor signage (Attachment D) was designed and
produced. A small pilot batch of 42 signs will be installed across
Avon commercial properties over the next few weeks.
12. Employee
Carpool Program
Incentivize and
encourage
sustainable
transportation
options for Town
employees
• Within 2024, a total of six carpooling teams avoided 26,599.4
miles altogether and applied for a reimbursement of
$10,449.68 dollars. The avoided mileage is equivalent to the
greenhouse gas emissions savings of 10.37 metric tons of
CO2e.
• The 2025 increased mileage reimbursement rates ($0.35/mile for teams of two and $0.70/mile for teams of 3) have been provided to Staff and the usage of the program continues.
13. Employee EV
Charging Benefit
Incentive Staff to
switch to
hybrid/electric
vehicles to contribute to the Town’s climate
goals.
• An update of the Sustainable Transportation Policy to reflect
this new benefit is in progress. It will be brought to Council
when ready.
14. DC Fast
Charging Plaza
Construct 4 DCFC
Chargers in Avon
Town Core as
awarded through
the CEO DCFC
Plazas Grant.
• This project remains active but is experiencing delays from both the grant disbursement and the site designs perspectives. More updates will be provided as the project progresses.
Water Conservation
15. Monitoring Water Projects in
other Departments and Region
Stay informed about
water projects and
where Sustainability can assist
• The Water and the Natural Climate Solutions working groups at the Climate Action Collaborative (CAC) have merged as one
working group to leverage the overlap between the two groups
and increase efficiency of all nature-related climate projects.
• Eagle River Water & Sanitation District reports through the CAC
that from 2023, homes in Eagle County use 5 kilogallons of
water a month, including emissions from water produced and treated, wastewater produced and treated, and fleet vehicle use
for water operations. This roughly equates to emitting
13.05lbs/CO2 (equivalent to burning 6.6lbs of coal) a month.
The caveat here is that ERWSD does pay for 100% renewable
energy through HCE’s PuRE Program, so the emissions are
partly offset in that way.
970-748-4083 clin@avon.org
Climate Action Planning
16. County-wide Net Zero Modeling & Climate Action Plan Update
Update the Eagle
County Climate
Action Plan’s
strategies to reflect
the goal of net zero
by 2050.
• This project refers to the collaborative work done between Avon, the CAC, Vail and Eagle County, mentioned in Official Goal #2 above. The County-wide work was presented at the CAC Stakeholder meeting on January 13, 2025.
• Eagle County’s Annual Energy Inventory for the year 2023 was available at the end of December, 2024. The inventory shows
that the County as a whole has maintained a 6% increase since
2024; however, for the first time since 2024, emissions remained flat instead of increasing. This is a good starting point. As we continue to grow, smart land use planning will be of critical importance.
• As this project is completed, it will be removed in future bi-monthly reports.
Education & Communication
17. Sustainability
Education &
Marketing
Increase awareness,
support and
implementation of
Sustainability
programs and policies
• A visitor-friendly sustainability campaign has been planned with
the aims to promote all of our sustainability and climate efforts to
Avon visitors.
• The marketing plan also includes national, State, and regional
sustainability and environmental events such as Earth Day.
• Staff has been working with a professional designer to create
design templates for the posts. More consistent output should
begin in March.
Sustainability Grants
18. Continue Managing a Grants Program for Sustainability and
Climate Programs
Establish a
consistent and
comprehensive
grants program to
advance climate
action across
departments.
• Staff continued to report Styrofoam Recycling Program
progress to the RREO grant and communicated with NREL
on the progress of the biochar report.
• Staff is awaiting the results of the DOLA Climate Resilience
Grant to support our PV and battery system for the Swift Gulch campus.
Thank you, Charlotte
ATTACHMENT A: “No Bags in Recycling” Outdoor Sign
ATTACHMENT B: Avon Internal Events Purchasing Policy 2025
ATTACHMENT C: Styrofoam Program Internal Announcement (including images)
ATTACHMENT D: “No Idling” Outdoor Signs (including both long and wide designs)
No Bags
No Embolsa
r
Reciclables
Don't bag your recycling
KEEP IT LOOSE!
Don't bag your recycling
No usar bolsas de plástico en los contenedores de reciclaje
ATTACHMENT A
2025 Town of Avon Page 1
Internal Events Requirements & Guidelines
Avon values sustainability and is committed to leading by example. As role models for our community, we are implementing an internal
zero-waste policy to guide planning celebrations and events. These guidelines help reduce waste, conserve resources, and support
Avon’s Recycling Ordinance and community waste diversion goal of 30% waste diversion by 2030.
Please contact Sustainability Manager Charlotte Lin at clin@avon.org with any questions.
STAFF RESPONSIBILITIES
Please review the following expectations of staff for all internal events, including both staff-only and community-facing events.
1. Eliminate Single-Use Plastics
•Refrain from using single-use plastic products, including bottles, utensils, and straws.
•Use reusable items (real plates, utensils and cups) wherever possible. If not feasible,
choose compostable alternatives.
•Use items with a BPI Certified Compostable label. This certification indicates that the
product has been independently tested and has been verified to break down
completely in a commercial compost facility after use.
•The Compostables Labeling Act prohibits greenwashing terms such as: natural, biodegradable, degradable,
decomposable, oxo-degradable, bioassimilable, ominidegrable. Products using these terms should not be purchased.
2. Plan Waste Disposal Effectively
•Provide three distinct waste bins at your event with clear labels: compost, recycle & trash.
•Ensure food & compostable items end up in compost bins to maximize waste diversion.
•Print signs, labels and other collateral on the Town’s 30% recycled paper; avoid lamination
unless it’s intended for multiple outdoor usage.
3. Sustainable Purchasing & Donations
•Look for items that are made of paper, bamboo or sugarcane and are labeled BPI Certified Compostable.
•Acceptable items include aluminum cans, paper napkins, and uncoated cardboard.
•Refrain from buying non-compostable plastics, Styrofoam, and coated paper products.
•Avoid items like balloons or ribbons as they are not recyclable. Opt for reusable alternatives if available.
•Inform donors about Avon’s commitment to zero-waste and request that any donations align with these policies to avoid
single-use plastics or non-compliant items.
Please reach out to Sustainability if you would like
help planning your events!
If you need additional zero-waste assistance from Walking Mountains, please contact Quinn Brewer, Zero Waste Lead,
at quinnb@walkingmountains.org to set up a zero-waste event plan.
If you are working with outside vendors or donors, please share the Avon Sustainability Vendor Guidelines with them so they can
prepare accordingly.
INTERNAL EVENTS PURCHASING POLICY
Avon Employees
ATTACHMENT B
2025 Town of Avon Page 2
Internal Events Requirements & Guidelines
PRODUCT GUIDELINE
It is required that serviceware be compostable (or recyclable if necessary) to decrease the amount of waste entering our local landfill. If
you are in doubt about your product or would like purchasing recommendations please contact Charlotte Lin at clin@avon.org.
Always look for these BPI labels to make sure your compostable products are BPI Certified Compostable.
Food Containers such as plates, bowls, trays, & clamshells must be made of paper, bamboo, or sugarcane and must be BPI Certified Compostable
to ensure they break down at our local facility. Note that non-compostable versions are often plastic-lined and are NOT recyclable or compostable.
Utensils MUST be labeled BPI Certified Compostable or made from wooden or other natural material. Our local recycling and compost facilities
cannot accept utensils made from recycled material/content or simply labeled “biodegradable.”
Beverage Containers such as aluminum cans are accepted for recycling. BPI Certified Compostable “plastic” and coffee cups are accepted in the
compost and preferred.
The Town of Avon thanks you for your help!
You play a key role in fostering a culture of environmentalism in our community.
Prohibited Items
Plastic cups (#1 to #6)
StyrofoamTM products
Non-compostable plastic utensils (including
products made from recycled content)
Plastic straws
Plastic-coated paper products and to-go
containers
Plastic wrap/wrappers
Plastic lids
Plastic bags and/or plastic film
Aseptic cartons
Non-compostable hot-drink cups
Plastic condiment containers (even if they
say recyclable, they are not!)
Acceptable Items
All un-coated paper containers
including plates, bowls, cups
BPI Certified compostable products
Paper napkins and paper towels
Wax paper or parchment paper
Aluminum cans/cups/trays
Aluminum foil (must be clean, dry,
free of food residue, and balled up)
Corrugated cardboard/boxes
Glass
Discouraged Items
Single-use condiment pouches
Single-use plastic bottles
Plastic clamshells or food
containers
Snack-size chips or similar
products
ATTACHMENT C
ENGINES OFF!
NO IDLING
¡APAGA EL MOTOR!
NO ESTAMOS COMO PARA CALENTARLO
ATTACHMENT D
¡APAGA EL MOTOR! ENGINES OFF!
NO IDLING NO ESTAMOS PARA CALENTARLO
970-748-4044 dstockdale@avon.org
TO: Honorable Mayor Tamra N. Underwood and Council Members FROM: Dean Stockdale, Senior Accountant
RE: Financial Report – December 2024 & January 2025 data
DATE: February 14th, 2025
SUMMARY: This report presents the revenues for sales, accommodations, tobacco and cigarette, and
short-term rental tax for December 2024 and the recreation fees and real estate transfer tax revenues for
January 2025.
BACKGROUND: The percentage variance, or comparative change is reflected in the analysis portion of
this report in respect to each individual section for December revenues in 2024 and January 2025. Tax
revenues are not budgeted on a monthly basis; however, for purposes of analysis, monthly budget
variances are based on a 3-year average of actual revenues.
REVENUE ANALYSIS:
Sales Tax: Revenues – December 2024: December sales tax revenues totaled $1,834,675. This is an
increase of $30,115 or 1.67% compared to December 2023 sales tax revenue of $1,804,560.
DECEMBER 2023 v DECEMBER 2024 SALES TAX COMPARISON BY INDUSTRY
December 2023 December 2024 Increase/Decrease
Home/Garden $131,462.55 $111,934.65 ($19,527.90)
Grocery/Specialty/Health $401,223.86 $408,807.51 $7,583.65
Sporting Goods Retail/Rental $187,937.14 $183,955.70 ($3,981.44)
Miscellaneous Retail $72,550.45 $75,289.77 $2,739.32
Accommodations $247,048.43 $308,516.93 $61,498.50
Restaurants/Bars $162,724.55 $205,217.66 $42,493.11
Other $36,786.76 $52,050.96 $15,264.20
Service Related $112,427.24 $89,062.20 ($23,365.04)
Liquor Stores $47,465.56 $34,557.92 ($12,907.64)
E-Commerce Retail $105,894.62 $114,945.84 $9,051.23
Manufacturing/Wholesale $88,654.87 $59,914.92 ($28,739.95)
Construction Related Services $154,645.61 $139,589.56 ($15,056.05)
Digital Media Suppliers/Sellers $25,400.38 $22,062.97 ($3,337.41)
Commercial/Industrial Equipment $30,332.37 $28,768.98 ($1,563.39)
Special Events $35.85 $0.00 ($35.85)
TOTAL $1,804,560.24 $1,834,675.58 $30,115.34
Page 2 of 11
Sales Tax: December 2024 Budget v Actual Collections: December 2024 sales tax revenues totaled
$1,834,675. This is a decrease of $234,853 over the December 2024 estimate of $2,069,528. This is
11.35% below the adopted 2024 budget (based on a 3-year average).
DECEMBER 2024 BUDGET v ACTUAL COLLECTIONS - SALES TAX
2024 Budget 2024 Actual Dollar Variance Percentage Variance
December $2,069,528.65 $1,834,675.58 ($234,853.07) (11.35%)
1,496,576.53 1,734,151.62 1,999,495.89 1,804,560.24 $1,834,675.58
15.87%
15.30%
-9.75%
1.67%
$300,000
$500,000
$700,000
$900,000
$1,100,000
$1,300,000
$1,500,000
$1,700,000
$1,900,000
$2,100,000
2020 2021 2022 2023 2024
2020-2024 December Sales Tax Revenue Trend
Page 3 of 11
Accommodation Tax: Revenues – December 2024: Accommodation tax revenues totaled $323,583 for
the month of December. This is an increase of $69,544 or 27.38% compared to December 2023
accommodation tax revenues, which totaled $254,038. Accommodation tax collections by industry type for
December 2024 compared to December 2023 reported an increase for Timeshares, Hotels and Vacation
Rentals.
DECEMBER 2023 v DECEMBER 2024 ACCOMMODATION TAX COMPARISON BY INDUSTRY
December 2023 December 2024 Increase/(Decrease)
Timeshares $31,778.32 $48,085.89 $16,307.57
Hotels $101,587.24 $121,453.15 $19,865.91
Vacation Rentals $120,673.37 $154,044.76 $33,371.39
TOTAL $254,038.93 $323,583.80 $69,544.87
December 2024 Budget v Actual Collections: December 2024 accommodation tax revenues totaled
$323,583. This is a decrease of $31,782 over the December 2024 estimates of $355,366. This is 8.94%
below the adopted 2024 budget (based on a 3-year average).
DECEMBER 2024 BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX
2024 Budget 2024 Actual Dollar Variance Percentage Variance
December $355,366.67 $323,583.80 ($31,782.87) (8.94%)
192,249 381,635 340,130 254,039 323,584
98.51%
-10.88%
-25.31%
27.38%
$0
$100,000
$200,000
$300,000
$400,000
2020 2021 2022 2023 2024
2020-2024 December Accommodation Tax
Revenue Trend
Page 4 of 11
Short Term Rental Tax for CH: Revenues – December 2024: STR Tax for Community Housing totaled
$152,121 for the month of December. This is an increase of $36,761 or 31.87% compared to December
2023. The Westin Hotel is classified as a hotel in our MuniRevs system, although they are zoned as
residential.
DECEMBER 2023 v DECEMBER 2024 STR TAX FOR CH COMPARISON BY INDUSTRY
December 2023 December 2024 Increase/(Decrease)
Timeshares $15,889.15 $24,042.95 $8,153.80
Hotels $41,768.90 $53,417.90 $11,649.00
Vacation Rentals $57,701.64 $74,660.62 $16,958.98
TOTAL $115,359.69 $152,121.47 $36,761.78
Tobacco & Cigarette Tax: Revenues – December 2024: Tobacco tax revenues totaled $29,637 and
cigarette tax revenues totaled $20,346 for December 2024. Compared to December 2023 revenues, this is
a decrease of $4,922 for tobacco tax revenues, which totaled $34,560 and a decrease of $2,003 for
cigarette tax revenues, which totaled $22,349.
27,733 31,159 35,848 34,560 29,638
12.35%
15.05%
-3.59%
-14.24%
-
5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
2020 2021 2022 2023 2024
2020-2024 December Tobacco Tax Revenue
Trend
Page 5 of 11
December 2024 Adopted Budget v Actual Collections: December 2024 tobacco and cigarette tax
revenues totaled $29,637 and $20,346, respectively. This is a decrease of $6,045 over the December
2024 budget for tobacco tax, which is $35,683 and a decrease of $2,045 over the December 2024 budget
for cigarette tax estimates, which is $22,391 which is based on a 3-year average.
DECEMBER 2024 BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES
2024 Budget 2024 Actual Dollar Variance Percentage
Variance
Tobacco $35,683.15 $29,637.63 ($6,045.52) (16.94%)
Cigarettes $22,391.99 $20,346.00 ($2,045.99) (9.14%)
Total ($8,091.51)
23,613 22,848 24,417 22,349 20,346
-3.24%
6.87%
-8.47%-8.96%
-
5,000
10,000
15,000
20,000
25,000
30,000
2020 2021 2022 2023 2024
2020-2024 December Cigarette Excise Tax
Revenue Trend
Page 6 of 11
Real Estate Transfer Tax: Revenues – January 2025: January 2025 real estate transfer tax totaled
$376,859.11. Compared to January 2024, which totaled $376,122, this is an increase of $737. This is an
increase of $207,340 over the January 2025 budget which was based on a 3-year average.
JANUARY 2025 BUDGET v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES
2025 Budget 2024 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $169,518.32 $376,859.11 ($207,340.79) (122.31%)
$219,256 $153,012 $131,647 $376,122 $376,859
-30.21%
-13.96%
185.70%
0.20%
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
2021 2022 2023 2024 2025
Real Estate Transfer Tax January Revenue Trends
Page 7 of 11
Recreation Center Fees: Revenues – January 2025 Admissions & Program Fees: Recreation
admission revenues for January 2025 totaled $120,156 is a decrease of $611 compared to January 2024
which totaled $120,768. This is $22,697 above the adopted 2025 budget estimates of $97,459. Recreation
program fee revenues for January 2025 totaled $34,801. This is an increase of $8,953 compared to 2024,
which totaled $25,847. This is $5,088 above the adopted 2025 budget estimates of $29,713, which is
calculated based on a 3-year average.
28,279 76,597 103,331 120,769 120,157
170.86%
34.90%
16.88%
-0.51%
-
20,000
40,000
60,000
80,000
100,000
120,000
140,000
2021 2022 2023 2024 2025
Recreation Admissions January Revenue Trends
$20,005 $20,808 $36,303 $25,848 $34,802
4.01%
74.47%
-28.80%
34.64%
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
2021 2022 2023 2024 2025
Recreation Program Fees January Revenue
Trends
Page 8 of 11
Tax Revenue Comparison – 2023 v 2024: All taxes are down for 2024 compared to 2023. Rec Center
revenue is favorable compared to the prior year. Below is a table which reflects the dollar change and
percentage variance. Total revenue for 2024 is reflecting an unfavorable variance to 2023.
Adopted Budget 2024 v Actual 2024: All taxes reflect an unfavorable variance over the 2024 budget.
Rec Center revenue is favorable compared to the 2024 budget. Total revenue for 2024 is reflecting an
unfavorable variance to the 2024 budget. Below is a table which reflects the dollar change and percentage
variance.
2023 v 2024 YTD Revenue Comparison
2023 2024 Dollar Variance Percentage
Variance
Sales Tax $13,237,958.31 $13,122,177.55 ($115,780.76) (0.87%)
Acc. Tax $2,317,647.70 $2,205,128.17 ($112,519.53) (4.85%)
STR Tax for CH $1,038,192.89 $1,000,117.25 ($38,075.64) (3.67%)
Tobacco Tax $374,119.86 $314,640.31 ($59,479.55) (15.90%)
Cigarette Tax $254,013.96 $239,784.54 ($14,229.42) (5.60%)
Rec Admissions $1,309,084.88 $1,429,689.30 $120,604.42 9.21%
Rec Program Fees $427,900.37 $457,613.22 $29,712.85 6.94%
TOTAL $18,958,917.97 $18,769,150.34 ($189,767.63) (1.00%)
2024 Revenue Comparison – Budget v Actual
Budget Actual Dollar Variance Percentage
Variance
Sales Tax $14,079,150.00 $13,122,177.55 ($956,972.45) (6.80%)
Acc. Tax $2,558,503.00 $2,205,128.17 ($353,374.83) (13.81%)
STR Tax for CH $1,060,900.00 $1,000,117.25 ($60,782.75) (5.73%)
Tobacco Tax $360,000.00 $314,640.31 ($45,359.69) (12.60%)
Cigarette Tax $245,000.00 $239,784.54 ($5,215.46) (2.13%)
Rec Admissions $1,140,000.00 $1,429,689.30 $289,689.30 25.41%
Rec Program Fees $375,540.00 $457,613.22 $82,073.22 21.85%
TOTAL $19,819,093.00 $18,769,150.34 ($1,049,942.66) (5.30%)
Page 9 of 11
Real Estate Transfer Tax: Revenues 2024
2024 BUDGET/PRIOR YEAR v ACTUAL COLLECTIONS – REAL ESTATE TRANSFER TAX REVENUES
2024 Budget 2024 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $8,500,000.00 $7,819,612.95 ($680,387.05) (8.00%)
2023 Actual 2024 Actual Dollar Variance Percentage
Variance
Real Estate Transfer Tax $5,904,298.93 $7,819,612.95 $1,915,314.02 32.44%
New and Renewed Business and STR Licenses – 2023 v 2024: The total number of 2024 business
licenses issued through December was 1,257. This was down 36 licenses or 2.8% for the year to date. The
total number of STR licenses issued through December was 135. Compared to 2023 the STR licenses
were down 6 licenses or 4.3% for the year to date.
2024 v 2023 – Business and STR Licenses – Year to Date
2024 2023 License
Variance
Percentage
Variance
Business License - Vendor 936 970 (34) (3.5%)
Business License – Fixed Location 226 228 (2) (0.9%)
Business License – Home Occupation 64 63 1 1.6%
Business License – Special Event 31 32 (1) (3.1%)
TOTAL BUSINESS LICENSES 1,257 1,293 (36) (2.8%)
STR License 310 333 (23) (6.9%)
Page 10 of 11
-
200.00
400.00
600.00
800.00
1,000.00
1,200.00
Business License - Vendor Business License - Fixed
Location
Business License - Home
Occupation
Business License - Special
Event
Business Licenses Issued 1/1 -12/31
2022 2023 2024
0
100
200
300
400
500
600
STR License
STR Licenses Issued 1/1 -12/31
2022 2023 2024
Page 11 of 11
EXPENDITURES: JANUARY 2025
General Fund YTD Actuals v 2025 Budget: General Fund expenditures through January 2025 total
$2,149,682 which is 8.17% of the total adopted budget. These expenditures include all wages, health
benefits, events, computer services, operating cost, legal services, and utilities.
Mobility Fund YTD Actuals v 2025 Budget: Mobility Fund expenditures through January 2025 total
$201,319 which is 7.21% of the total adopted budget. These expenditures include the cost for wages,
health benefits, consulting services, and utilities.
Fleet Maintenance YTD Actuals v 2025 Budget: Fleet Maintenance expenditures through January 2025
total $122,469 which is 5.43% of the total adopted budget. These expenditures include wages, health
benefit, fuel, vehicle maintenance, utilities, equipment, and operating supplies.
Thank you,
Dean
970-748-4118 gpadilla@avon.org
TO: Honorable Mayor Underwood and Council Members FROM: Gary Padilla, Operations Manager RE: Public Operations Update: January and February
DATE: February 13, 2025
Parks General Maintenance
Snow Removal Operations
Paths:
• Harry A. Nottingham Park
• Eagle Valley Trails
• Nottingham Bike Path
• Swift Gulch Bike Path
• Hurd Lane / Eaglebend Drive
Parking Lots Cleared
• Town Hall
• Recreation Center
• Parks Garage
• Kristi Sports
• Swift Gulch Trail Head
• Beaver Creek Point Trail Head
• Buck Creek Trail Head
• Oneal Spur Park
• Saddleridge Loop Employee Housing (Old Fire Station)
Sidewalks Cleared
• West Beaver Creek Blvd.
• East Beaver Creek Blvd.
• Avon Road
• Benchmark Road
• Possibilities Plaza
• Mall
• Lake Street
• All sidewalks at the Village at Avon
Daily Trash and Dog Waste Station Maintenance
Trash and dog waste stations were checked and emptied at the following locations:
• Harry A. Nottingham Park
• Pocket Parks – Wildridge and Eaglebend
• Mall
• Eagle Valley Trail
• Bus stops
• Wildridge
• Wildwood
• West Avon Preserve parking areas
• Oneal Spur dog park
Page 2 of 4
The snow removal operations ensured safe access to key town facilities, sidewalks, and trailheads. Trash collection
and dog waste station maintenance helped keep public spaces clean and welcoming for residents and visitors.
Maintained Holiday lighting
Lake / Ice Maintenance
• Staff have spent 224 hours as of February 12, 2025
• December 26 – February 12, 2025 – 28 days of operation
Roads and Bridges Maintenance Report
In recent maintenance efforts, the Town of Avon focused on snow removal, right-of-way maintenance, and street
cleaning. A total of 3,057 hours were spent plowing roads and clearing curb lines to ensure proper drainage. Snow
was pushed back from right-of-ways to prevent melting onto roadways. During warmer weather in February, street
Page 3 of 4
sweeping was carried out, and cinders were removed from key areas using blowers. Additionally, new traffic signs
were installed on Avon Road to enhance safety and traffic management.
Snow Removal:
• Total Snow Removal Hours: 1,063 hours of plowing completed, covering all roads within the Town of
Avon.
• Curb Line Snow Removal:
o Snow cleared from curb lines after each storm.
o Maintained all storm sewer inlets to ensure proper drainage during warmer days.
o Removed accumulated snow piles to improve accessibility.
Right-of-Way Maintenance:
• Snow was pushed back from all Town right-of-ways, ensuring space for additional snowfall and preventing
snowmelt from draining onto roadways.
Street Sweeping:
• Roadways were swept during warmer weather in February to remove debris and maintain clean roads.
Cinder Removal:
• Cinders were cleared from brick areas along Avon Road and Post Blvd. using blowers to ensure proper
drainage and safety.
Traffic Sign Installation:
• New traffic signs were installed along Avon Road to improve traffic flow and safety.
Styrofoam program
All Operations staff have been trained in how to operate the Styrofoam melter. We are checking daily for product and
melting Styrofoam as needed. Over the past few weeks, we have spent approximately four hours on this process,
including storing and melting the Styrofoam.
Page 4 of 4
Staff worked at Winter Fireworks
Installed Heart of the Valley Sign for CASE
970-748-4106 csimmons@avon.org
TO: Honorable Mayor Underwood and Council Members
FROM: Chase Simmons, Financial Analyst
RE: 4th Quarter RETT Sales and Exemption Report
DATE: February 25th, 2025
SUMMARY: The 4th quarter of 2024 generated moderately greater RETT revenues compared to prior
years. Seven primary residence exemptions were applied for and approved in the 4 th quarter of 2024.
BACKGROUND: Prior to 2020, section 17 and 18 were the only primary residence exemptions available to
buyers in Avon. On November 12th, 2019, Council adopted Ordinance 19-05 which provides a 3rd primary
residence RETT exemption. In August 2024, the exemption amounts were revisited and increased with the
passing of Ordinance 24-11. The conditions and exemption amounts are shown in Attachment A,
SUMMARY OF PRIMARY RESIDENCE RETT EXEMPTIONS .
ANALYSIS:
RETT Exemptions Granted 2022 – 2024
In 2024, seven primary residence exemptions were granted in the 4th quarter. This is six more exemptions
granted than in the 4th quarter of 2023 as well as two more exemptions granted than in the 4 th quarter of
2022. In the 4th quarter of 2024, $63,200 was granted in RETT Relief. This is $58,400 more than 2023 and
$47,200 more than 2022.
RETT Exemptions Granted 4th Quarter Trend
Type Of Exemption 2022 2023 2024
Section (17) 5 0 7
Section (18) 0 0 0
Section (19) 0 1 0
Total 5 1 7
Page 2 of 4
4th Quarter Primary Residence Exemptions Granted
Month Avon Neighborhood Purchase Price of
Property
Exemption
Section
Amount
Exempt
October Wildridge $1,460,000 17 $10,000
November West Avon $625,000 17 $10,000
November Town Core $1,157,500 17 $10,000
December Town Core $2,350,000 17 $10,000
December Town Core $2,750,000 17 $10,000
December Town Core $1,925,000 17 $3,200
December Town Core $4,139,000 17 $10,000
Total 7 $63,200
16,000
4,800
63,200
-70.0%
1216.7%
-
10,000
20,000
30,000
40,000
50,000
60,000
70,000
2022 2023 2024
4th Quarter RETT Relief Granted
Page 3 of 4
4th Quarter Activity
Actual RETT revenue for the 4th quarter of 2024 totaled $2,479,425. This correlates to a total of $123.97m
in non-exempt property sales.
Total RETT Activity - 4th Quarter 2024
October November December
Total RETT Revenue $806,725 $475,710 $1,196,990
Total Exemptions $10,000 $20,000 $33,200
Total RETT $816,725 $495,710 $1,230,190
Total Sales $40,836,262 $24,785,500 $61,509,498
3-Year Average RETT Activity
Based on a 3-year average, October reflects a 6% positive variance while November and December were
up 39% and 7%, respectively. November’s significant positive variance to average can largely be attributed
to one $10m sale.
3-Year Average RETT Revenue Trend
2022-2024
October November December
Total RETT Revenue $760,662 $342,564 $1,116,477
Total Exemptions $5,467 $7,733 $14,800
Total RETT $766,128 $350,297 $1,131,277
Total Sales $38,306,417 $17,514,867 $56,563,867
% Variance 6.06% 38.87% 7.21%
RECOMMENDATION: This is submitted as a written report; therefore, I have no recommendations for
Council.
Thank you,
Chase Simmons
Page 4 of 4
ATTACHMENT A: SUMMARY OF PRIMARY RESIDENCE RETT EXEMPTIONS
Exemptions Section (17) Section (18) Section (19)
Amount $500,000 $500,000 $750,000
Home Value Cap None None $1,400,000
Eagle County
Employee
N/A Yes Yes
Affidavit of Primary
Residence
Yes Yes Yes
Promissory Note 1 year 1 year 3 years
Lien Yes Yes Yes