2025-09-26 - Avon CO - Speed Enforcer Agreement FINAL - signed
SE 11.18.4 1
DACRA TECH LLC SPEED ENFORCER SYSTEM LICENSING AGREEMENT
This Licensing Agreement (the “Agreement”) is made by and between Dacra Adjudication Systems,
LLC, doing business as Dacra Tech, LLC, a Delaware limited liability company (“DacraTech”) and the
Town of Avon (“Municipality”). The Effective Date of this Agreement is the date of execution by
Municipality.
WHEREAS, DacraTech has developed an automated speed enforcement system, which includes
proprietary citation issuance and adjudication software applications which, when integrated with third-party
speed camera systems procured by DacraTech, enhance the capability to monitor and enforce speed limit
regulations (the “Speed Enforcer System”); and
WHEREAS, the Municipality desires to license the Speed Enforcer System from DacraTech under the
terms and conditions set forth herein.
NOW THEREFORE, in consideration of the covenants and conditions set forth in this Agreement, the
parties agree as follows;
1. Speed Enforcer System-License, Services and Fees. Subject to the Terms and Conditions
attached as Exhibit A, and Addendum 1, in return for the Fees set forth in Exhibit B, DacraTech agrees to
provide the hardware, software licenses, and services to implement its Speed Enforcer System in
accordance with the specifications in Exhibit C.
2. Term. The initial term of this Agreement (the “Initial Term”) shall be one (1) year and
shall commence on the Effective Date. This Term of this Agreement shall automatically renew for
successive periods of one year each at the then current pricing absent written notice by one party to the
other party not less than 90 days prior to the expiration of the Term then in effect. Municipality will be
notified of the then current pricing no less than 90 days prior to the expiration of the term. Notwithstanding
anything to the contrary herein, (12) months after Go-Live, either Party may terminate this Agreement at
any time by providing the other Party a minimum of 90 days advance written notice.
3. Notices. Any notices or communications required or permitted to be given by this
Agreement must be given in writing and personally delivered; or mailed by prepaid, certified mail, or
courier; or transmitted by electronic mail transmission (including PDF) to whom such notice or
communication is directed, to the mailing address or regularly monitored electronic mail address of such
party as follows:
If to the Municipality: If to DacraTech:
Town of Avon Dacra Tech, LLC
Attention: Eric Heil, Town Manager Attention: Dave Braner, CEO
100 Mikaela Way 450 Devon Avenue, Suite 100
Avon, CO 81620 Itasca, IL. 60143
Email: eheil@avon.org Email: dave.braner@dacratech.com
4. Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each
of which are deemed to be original, but both of which together constitute one and the same instrument.
Electronic signatures sent by DocuSign, Adobe Acrobat Sign, or by other electronic transmissions are
deemed to be the original signature of the transmitting party for all legal purposes
5. Entire Agreement. This Agreement and the Exhibits referenced hereto constitute the entire
SE 11.18.4 2
and final agreement and understanding between the parties with respect to the Services to be provided by
DacraTech and supersedes any prior agreements, whether oral or written, related thereto.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
Dacra Tech, LLC
By:
Date: _______________________
Its authorized representative
Town of Avon
a Colorado municipal corporation
By:
Date: _______________________
Its authorized representative
[Signature page to Speed Enforcer System Licensing Agreement]
Eric Heil (Sep 26, 2025 15:39:48 MDT)
Eric Heil
09/26/2025
09/27/2025
SE 11.18.4 3
EXHIBIT A
MASTER TERMS AND CONDITIONS
A. Limited License Granted
During the Term of this Agreement, Municipality is hereby granted, a nonexclusive, non-assignable, royalty
free, limited license (the “License”) to use the services set forth in Exhibit C (the “Services”) solely for the
Municipality’s ordinance and code compliance purposes.
B. DacraTech’s Intellectual Property
DacraTech or its licensors retain all ownership and Intellectual Property Rights in and to the Services, including
any software, algorithms, programs, tools, code or instrumentalities encompassed therein in any manner and/or
relating to the Services as utilized by the Municipality. Additionally, DacraTech retains all ownership and Intellectual
Property Rights to anything (including without limitation software and written product) delivered under the
Agreement, including any future developments thereof, regardless of whether any Municipal employees or agents had
any input or in any way assisted in any such new development. Municipality hereby acknowledges that it may not:
(i) Allow access to the Services available in any manner to any third-party or for any purpose not authorized
by this Agreement unless such access is expressly permitted in writing by DacraTech;
(ii) Copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means,
any materials provide by DacraTech; and
(iii) Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the
Services (the foregoing prohibition includes but is not limited to review of data structures or similar
materials produced by programs).
As utilized herein, the phrase “Intellectual Property Rights” shall include, without limitation, all patent, trademark,
trade secret and copyrights relating in whole or in part to the Services and whether such right arises by registration
with the United States Patent & Trademark Office (the “USPTO”), through the United States Library of Congress,
with any state or municipal body and/or arising by common law or statute.
C. Data
Municipality at all times will retain sole ownership of its Municipal Data. The term “Municipal Data” refers to all
data collected on behalf of the Municipality with respect to the Services. DacraTech at all times retains the right and
license during the Term to access the Municipal Data and to grant approved third party access to the Municipal Data
in order to use and/or maximize certain features of the software provided by DacraTech (for example, Municipality’s
ERP system or the Municipality’s collection agency).
D. Legal Authority
Municipality represents and warrants to DacraTech that it has all requisite legal power and authority to operate an
automated speed enforcement system and that Municipality’s placement of the speed enforcement cameras and use of
the Services shall be in compliance with all applicable federal, state, and local laws.
E. Pricing and Billing
The pricing Fee set forth in Exhibit B to the Agreement will remain fixed during the Initial Term absent a written
amendment signed by the parties. After the Initial Term, pricing adjustments may be made by DacraTech, provided
however, that no increase of pricing may go in effect prior to 90 days advance written notice to Municipality.
For violation payments collected by DacraTech via Dacra’s WebPay Services. DacraTech shall then deduct the
monthly Fees due DacraTech from such collections and pay the net amount remaining to the Municipality 15 business
days after the end of the month via the wiring or electronic payment instructions provided by Municipality. For
violation payments collected by Municipality, payments of the monthly Fees due DacraTech shall be made via the
wiring or electronic payment instructions 15 business days after receipt of DacraTech’s invoice.
F. Termination
SE 11.18.4 4
Notwithstanding anything to the contrary herein, (12) months after Go-Live, either Party may terminate this
Agreement at any time by providing the other Party a minimum of 90 days advance written notice. In the event of such
termination, Municipality agrees to pay all Fees due DacraTech which accrue prior to the effective date of Termination.
DacraTech may immediately suspend the Services to Municipality in the event: (i) Municipality fails to pay any sums
due DacraTech under the Agreement within ten (10) days after written notice from DacraTech of the payment default,
or (ii) in the event of a non-monetary breach of this Agreement by Municipality which is not cured within thirty (30)
days of written notice thereof. In the event of such termination, Municipality agrees to pay all Fees due DacraTech
which accrue or are incurred prior to the termination of the Agreement.
Effect of Termination or Expiration. Except as otherwise provided in this Agreement, if this Agreement is
terminated or expires:
(i) Within 30 days after the termination date, Dacra shall invoice Municipality on a pro rata basis, all fees and
expenses, for any services provided by DacraTech under this Agreement, for which Municipality has not paid
DacraTech as of the termination or expiration date.
(ii) Within 60 days after the termination date, Dacra shall take all steps required, or reasonably requested by
Municipality, to make an orderly transition of Municipality’s Data to Municipality or Municipality’s designee.
After completion of the transition, DacraTech shall delete Municipality’s Data.
G. Service Performance Guarantee.
DacraTech shall make the Services Available as measured over the course of each calendar month (each month
being a “Service Period”) at least 99.9% of the time ("Performance Guarantee"), excluding from the calculation
only the times the Services are not made Available as a result of one or more of the Exceptions set forth in Section
G(i) below. "Available" means the Services are available and operable for access and use by Municipality and its
Authorized Users over the internet in full conformity with the provisions of this Agreement. "Availability" has a
correlative meaning. The Services are not considered Available in the event of the material degradation or
inoperability of the software which prevents Municipality from issuing citations or warning notices.
(i) Exceptions. No period of Services degradation or inoperability is included in calculating Availability to the
extent that the degradation or inoperability arises due to any of the following:
a. Municipality's or any of its Authorized Users' misuse of the Services;
b. Failure of Municipality's or its Authorized Users' internet connectivity;
c. Internet or other network traffic problems other than problems arising in or from networks required to be
provided or controlled by DacraTech;
d. Municipality's or any of its Authorized Users' failure to meet any minimum hardware or software
requirements stated in the Specifications;
e. Camera inoperability that is repaired within the Camera Response Times in Exhibit C; or,
f. Scheduled Downtime. DacraTech shall notify Municipality at least twenty-four (24) hours in advance of
all scheduled outages of the Services ("Scheduled Downtime"). All scheduled outages shall: (i) last no
longer than 30 minutes; and (ii) be scheduled by agreement of the parties; provided that DacraTech may
request Municipality's approval for extensions of Scheduled Downtime, which approval may not be
unreasonably withheld or delayed.
(ii) Penalty for failure to meet Service Performance Guarantee. For any Service Period in which Dacra fails to meet
its Performance Guarantee, the Monthly Service Fee for such Service Period shall be reduced as follows:
a. 5% reduction, if the Services Availability is less than 99.9%, but at least 90%;
b. 10% reduction, if the Services Availability is less than 90%, but at least 80%;
c. 20% reduction, if the Services Availability is less than 80%, but at least 70%;
d. 30% reduction, if the Services Availability is less than 70%, but at least 60%;
e. 40% reduction, if the Services Availability is less than 60%.
H. Limitation of Liability
SE 11.18.4 5
Notwithstanding anything to the contrary in this Agreement, except for DacraTech’s limited liability under its Service
Performance Guarantee, neither Party shall be liable to the other, for any indirect, incidental, special, lost profits or
consequential damages arising out of or relating to this Agreement.
I. Maintenance and Support
DacraTech shall provide the following maintenance and support as a component of the Services using guidelines,
structures, and materials meeting the following criteria:
(i) Training. As part of the start-up and implementation phase of the delivered Services, all users will be trained
on the use of the Services through a combination of in-person and/or webinars and recorded training video
sessions for all users not able to participate in the initial training sessions. Additional training provided beyond
the start-up phase will be quoted and agreed to in writing.
(ii) Support. DacraTech shall provide access to live support to a designated user of Municipality available via e-
mail or phone during DacraTech’s normal business hours. The DacraTech support team will be fluent in the
functionality of the system.
(iii) Software updates. DacraTech updates its software on an as needed basis from time to time to implement bug
fixes, if any, and enhanced functionality such as additional reporting and enhanced user interface.
(iv) Exclusions. Municipality is solely responsible for the maintenance of its own software and hardware systems
that interface with DacraTech’s systems, including but not limited to laptop computers, desktop computers,
printers, modems and routers.
J. Integration with Municipality’s Systems
In the event that Municipality requests that DacraTech provide integration with any third-party vendor (for example
Municipality’s finance system or collection agency), the coding for such integrations and any expenses incurred by
DacraTech as a result of such integrations will be quoted in writing by DacraTech prior to the start of any work and
shall be at the sole cost of Municipality at DacraTech’s then current custom development rates.
K. Insurance Requirements
DacraTech shall maintain during the entire term of the Contract, the following insurance coverages:
(i) Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal
injury, and property damage. The general aggregate shall be $2,000,000 per project.
(ii) Professional Liability: $1,000,000 single limit errors and omissions, professional/malpractice liability.
(iii) Worker’s Compensation and Employers’ Liability as required.
(iv) Umbrella Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and
property damage.
L. Other
(i) Nothing contained in this Agreement shall be construed as creating a joint venture, partnership, or employment
relationship between the parties, nor shall either party have the right, power, or authority to create any obligation
or duty, express or implied, on behalf of the other.
(ii) This Agreement embodies the entire agreement between the parties and supersedes all prior representations,
warranties, agreements and understandings relating to the Services to be provided by DacraTech. This
Agreement may be amended or supplemented only by an instrument in writing executed by the parties hereto.
All exhibits and schedules attached hereto are incorporated herein by this reference for all purposes.
(iii) If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible, the
remainder of this Agreement shall be deemed valid and operative, and, to the greatest extent legally possible,
effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either
SE 11.18.4 6
party to enforce against the other any term or provision of this Agreement shall not be deemed to be a waiver
of such party’s right to enforce against the other party the same or any other such term or provision in the future.
(iv) DacraTech may assign this Agreement by providing written notice of the assignee who will assume
DacraTech’s obligations under this Agreement.
(v) Municipality shall obtain at its sole expense any rights and consents from third-parties necessary for DacraTech
and its subcontractors to perform the Services under the Agreement.
(vi) Any dispute between the parties shall be governed by the laws of the state where Municipality is located.
(vii) As a precondition of bringing an action in court, the parties shall first attempt to resolve the matter via
negotiation, but if such negotiation is unsuccessful, then either party may give written notice of an impasse. If
notice of an impasse is given, then a mediator shall be chosen by Municipality from the American Arbitration
Association or JAMS. If the dispute is not resolved within 45 days after notice of an impasse is provided, then
either party may bring suit in the federal district court having jurisdiction over the controversy. The cost of
mediation shall be borne equally between the parties.
(viii) Except for actions involving the protection of DacraTech’s intellectual property rights or Municipality’s
protection of its data rights, no action, regardless of form, arising out of or relating to the Agreement may be
brought by either party more than two years after the cause of action accrued.
(ix) Neither party to this Agreement shall be responsible for failure or delay of performance if caused by: an act of
war, hostility, pandemic, or sabotage; act of God; electrical, internet, or telecommunication outage that is not
caused by the obligated party; government restrictions (including the denial or cancellation of any export or
other license); other event outside the reasonable control of the obligated party.
(x) This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original,
and each of which together shall constitute a single instrument. Copies of this Agreement (as well as any
documents related to this Agreement) signed and transmitted by a party by electronic transmission shall be
deemed for all purposes as containing the original signature of the transmitting party and legally binding upon
such transmitting party.
SE 11.18.4 7
EXHIBIT B
SPEED ENFORCER SYSTEM FEES
The following Fees apply to the Speed Enforcer System Services (the “Services”):
A. Monthly Service Fee: For each speed enforcement camera in use, the Municipality will be billed
a Monthly Service Fee, which shall equal (a) Monthly Camera Lease Fees; and (b) the Monthly
Automated Speed Enforcement Services Fees as set forth in the following schedule. To ease
municipal startup efforts, after system Go-Live, Month 1 and Month 2 billing will be deferred until
Month 3.
For Each Speed Enforcement Camera in Use, Monthly Service Fee Equals:
(a) Monthly Camera Lease Fees: $2,000.00 per Camera
(b) Monthly Automated Speed Enforcement Services Fees:
Camera Integration and Event Image Import/Processing: $1.00 per Service
Double OCR Service/Vehicle Owner Lookup Service: $2.00 per Service
Standard Printing and Mailing Service: $3.00 per Service
Violation Contest, Appeal, & Hearing Support w/Online Portal Service: $6.00 per Service
B. Extraordinary Mailing Fees. The Standard Printing and Mailing Service includes up to two
first-class mailings per automated speed citation issued and one per automated speed
warning notice issued. The following extraordinary mailing fees shall be charged to a
Municipality should they be incurred:
Additional First-Class Mail: $1.75 plus USPS postal charge for each item
Certified Mail: $1.75 plus USPS postal charge for each item
International Mail: $1.75 plus postal charge for each item
C. WebPay Service. This convenience feature allows violators the option to pay fines directly
via the city website, linked to the DacraTech online portal. When used, the violator pays
with credit card company’s bank fees (currently 1.95%) plus a convenience fee to Dacra
of $3.95 per transaction.
SE 11.18.4 8
EXHIBIT C
SPEED ENFORCER SYSTEM FEATURES
Speed Camera Specifications, Maintenance, and Support
Hardware and ordinary maintenance services shall be provided by third-party vendor Traffic Logix (“Contractor”) at
no additional cost to Municipality. Additional cameras may be added by amendment to the Agreement.
Definitions
• "Equipment" refers to all current and future speed camera systems, including but not limited to fixed and
portable cameras, associated software, and supporting technology.
• "Services" means all standard site construction, hardware installation, equipment maintenance, repair, and
support activities, including both remote and onsite assistance described herein.
Camera Services Scope of Work
• Contractor agrees to provide the required Equipment and Services to support automated speed enforcement
activities at the mutually agreed upon locations for the term of this agreement as described in a mutually
executed and attached "Equipment Authorization Addendum”. Future equipment may be added through
additional “Equipment Authorization Addendums”.
• Contractor agrees to provide the Client with ongoing comprehensive maintenance services for the Equipment,
including routine maintenance, emergency repairs, calibration, software updates, and one equipment
replacement per location per year in the case of vandalism.
• Contractor agrees to provide one equipment site relocation per year to correspond with the annual calibration
cycle. Additional camera relocations can be provided at an hourly rate, based on site survey.
Camera Services Performance Standards
• Contractor shall ensure the Equipment is operational and consistently meets performance standards.
• Contractor shall provide quarterly reports detailing compliance with performance standards and annual
certification reporting requirements.
Camera Services Performance Metrics/Response Times
• Response time for diagnosis:
o 3 business days for emergencies defined as Equipment failure impacting operational effectiveness
o 5 business days for non-emergency defined as issues not affecting operational effectiveness
• Response time for repairs post-diagnosis
o 7 business days emergency
o 10 days for non-emergency
Camera Services Training/Support/Calibration
• Contractor shall provide initial and ongoing training for Client personnel on the proper use of the Equipment.
• Technical support shall be available 8:30am – 5:30PM EST MON-FRI. Emergency technical support is available
outside of these hours as needed.
• Contractor shall conduct annual onsite calibration of the entire fleet of cameras at no additional cost to the
Client.
SE 11.18.4 9
Software System Architecture, Security, Configuration, and Training
Architecture
• .NET stack with SQL back end separated from the front end via entity framework services
• Web-based platform that works with modern hardware, with Chromium engine
• Browsers supported include Goole Chrome, Microsoft Edge, and Safari
• JSON APIs available for government and public safety software system integrations
Security
• DacraTech is hosted on Azure Government Cloud
• SOC 2 Compliant
• Criminal Justice Information Services (CJIS) compliant software
• The use of two factor authentication (2FA) and Single Sign On (SSO) authentication is required
• Department/personnel roles isolate secure data to authorized users
• Extensive citation auditing features track changes to citations
Configuration and Training
• Dacra assists with project management expertise to guide communities through what might otherwise be a
complicated ASE permitting and approval process
• Dacra system user training is provided through virtual training and comprehensive online learning tools
• “Sandbox” Training Site License
o Dacra provides a free 4-month training “sandbox” to give ample time to bring staff up to speed on the
operational capacity of the Dacra System. This sandbox will be a duplicate of your actual system, with sample
data populated for use. Extended Sandbox licensing available for an additional fee
Speed Enforcer - Automated Speed Enforcement & Prevention Module
Automated Speed Enforcement System Tools
• Create automated speed enforcement violations easily with extensive integrations to leading hardware
providers such as the Traffic Logix Camera/Cloud Data Integration and evidence package transmission
• AI supported violation validation tools allow for triple validation prior to citation issuance\
• Speeding incidence data analytics
Automated Vehicle Owner Data Lookups:
• Dacra searches for vehicle owner information through various partnerships such as NLETS, and auto-populates
vehicle owner information for participating states
Speed Warnings/Citations
• Configurable Warning Notice Templates
• Configurable Citation Templates
• Variable Multi-Offense Violation Fines
• Layered Fee Tracking Per Violation
• Violation features include correspondence creation, digital evidence storage, and tracking
Violation Hearing/Adjudication Module
Hearing Management Tools
• Efficiently manage hearings with features such as:
o Internal Violation Contest Processing
o Multiple Hearing Locations and Times
SE 11.18.4 10
o Comprehensive hearing check-in processing
o Case-based Violations and Hearing Officer Tools for Case Review
o Findings, Decisions, and Orders Issued with Custom Language
o Final Determination Letters Issued with Custom Language
o Batch Process for “Default No-Show” rulings
o Batch Process management of notices
Fine Tracking and Payment Tools
• Dacra automatically monitors unpaid citations and escalates fines accordingly, while offering a variety of fine
payment tools such as:
o Complex Fine Structure Management Tools
o Daily Cashier Reporting
Data Reporting and Analysis:
• Robust library of pre-built reports prepared to help manage administrative processes and system analysis
• Extensive search capabilities provide complex, multi-rule data searches for reporting/analysis
Online Citizen Portal
Online Web Portal Citation Management Tools
• Case Status Tracking
• Contest Citations/Requests for Motion to Set
• Evidence Submission
• Violation Contest
Online Web Portal Payment Management Tools
• Online Payments
• Partial Payments
• Payment Plan Tracking
Dacra Mailing Services
Dacra’s Mailing Services
• Dacra will perform all steps necessary to process, batch, conform, and mail the warnings, citations, letters, and
notifications
• Dacra will ensure the successful printing and mailing of notices and letters at an agreed upon schedule. The
batched letters will be processed and mailed the day after preparation and approval, unless that day falls on a
mail holiday in which case it will be processed immediately after the holiday
• The system is automatically updated with the history of each citation record upon mailing
Dacra WebPay Services
Dacra’s WebPay Services
• This convenience feature allows violators the option to pay fines directly via the city website.
• Custom city labeling of a website link to the Dacra WebPay portal
• Citation number and plate search functionality to accurately identify outstanding citations
• Accurate, real-time fine and fee verification and validation
• Batch payment functionality
• Partial payment functionality
• Automated docket/citation fine payment updating
Addendum No. 1: Town of Avon
Page 1 of 4
ADDENDUM NO. 1: MUNICIPAL PROVISIONS
In the event the terms and conditions of this Addendum No. 1 conflict in whole or in part with
the terms and conditions of the [Dacra Tech LLC Speed Enforcer System Licensing Agreement
dated September 26th, 2025] agreement, the terms and conditions of this Addendum No. 1 shall
control.
A.1. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to
waive, limit, or otherwise modify any governmental immunity that may be available by law
to the Town, its officials, employees, contractors, or agents, or any other person acting on
behalf of the Town and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes.
A.2. Affirmative Action: Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. Contractor will take
affirmative action to ensure applicants are employed and employees are treated during
employment without regard to their race, color, religion, sex, or national origin. Such
action shall include, but is not limited to, the following: employment, promotion, demotion,
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship.
A.3. Article X, Section 20/TABOR: The Parties understand and acknowledge that the Town is
subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not
intend to violate the terms and requirements of TABOR by the execution of this
Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal
year direct or indirect debt or obligation within the meaning of TABOR and, therefore,
notwithstanding anything in this Agreement to the contrary, all payment obligations of the
Town are expressly dependent and conditioned upon the continuing availability of funds
beyond the term of the Town's current fiscal period ending upon the next succeeding
December 31. Financial obligations of the Town payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available in accordance with the rules, regulations, and resolutions of Town of Avon, and
other applicable law. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
A.4. Employment of or Contracts with Workers Without Authorization: Contractor shall not
knowingly employ or contract with a worker without authorization to perform work under
this Agreement. Contractor shall not contract with a subcontractor that fails to certify that
the subcontractor does not knowingly employ or contract with any workers without
authorization to work within the State of Colorado. By entering into this Agreement,
Contractor certifies as of the date of this Agreement it does not knowingly employ or
contract with anyone not authorized to perform work within the State of Colorado who will
perform work under the public contract for services and that the contractor will participate
in the e-verify program or department program in order to confirm the employment
Addendum No. 1: Town of Avon
Page 2 of 4
eligibility of all employees who are newly hired for employment to perform work under the
public contract for services. The Contractor is prohibited from using either the e-verify
program or the department program procedures to undertake pre-employment screening of
job applicants while this Agreement is being performed. If the Contractor obtains actual
knowledge that a subcontractor performing work under this Agreement knowingly employs
or contracts with an unauthorized worker, the Contractor shall be required to notify the
subcontractor and the Town within three (3) days that the Contractor has actual knowledge
that a subcontractor is employing or contracting with an unauthorized worker. The
Contractor shall terminate the subcontract if the subcontractor does not stop employing or
contracting with the unauthorized worker within three (3) days of receiving the notice
regarding Contractor’s actual knowledge. The Contractor shall not terminate the
subcontract if, during such three days, the subcontractor provides information to establish
that the subcontractor has not knowingly employed or contracted with an unauthorized
worker. The Contractor is required to comply with any reasonable request made by the
Department of Labor and Employment made in the course of an investigation undertaken to
determine compliance with this provision and applicable state law. If the Contractor
violates this provision, the Town may terminate this Agreement, and the Contractor may be
liable for actual and/or consequential damages incurred by the Town, notwithstanding any
limitation on such damages provided by such Agreement.
A.5. Ownership of Documents. Any work product, materials, and documents produced by the
Contractor pursuant to this Agreement shall become property of the Town of Avon upon
delivery and shall not be made subject to any copyright unless authorized by the Town.
Other materials, methodology and proprietary work used or provided by the Contractor to
the Town not specifically created and delivered pursuant to the Services outlined in this
Agreement may be protected by a copyright held by the Contractor and the Contractor
reserves all rights granted to it by any copyright. The Town shall not reproduce, sell, or
otherwise make copies of any copyrighted material, subject to the following exceptions: (1)
for exclusive use internally by Town staff and/or employees; or (2) pursuant to a request
under the Colorado Open Records Act, § 24-72-203, C.R.S., to the extent that such statute
applies; or (3) pursuant to law, regulation, or court order. The Contractor waives any right
to prevent its name from being used in connection with the Services.
A.6. No Waiver of Rights: A waiver by any Party to this Agreement of the breach of any term or
provision of this Agreement shall not operate or be construed as a waiver of any subsequent
breach by either Party. The Town’s approval or acceptance of, or payment for, services
shall not be construed to operate as a waiver of any rights or benefits to be provided under
this Agreement. No covenant or term of this Agreement shall be deemed to be waived by
the Town except in writing signed by the Town Council or by a person expressly
authorized to sign such waiver by resolution of the Town Council of the Town of Avon,
and any written waiver of a right shall not be construed to be a waiver of any other right or
to be a continuing waiver unless specifically stated.
A.7. Binding Effect: The Parties agree that this Agreement, by its terms, shall be binding upon
the successors, heirs, legal representatives, and assigns.
Addendum No. 1: Town of Avon
Page 3 of 4
A.8. No Third Party Beneficiaries: Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for any
third party, including any agent, sub-consultant, or sub-contractor of Contractor.
Absolutely no third party beneficiaries are intended by this Agreement. Any third-party
receiving a benefit from this Agreement is an incidental and unintended beneficiary only.
A.9. Governing Law, Venue, and Enforcement: This Agreement shall be governed by and
interpreted according to the law of the State of Colorado. Venue for any action arising
under this Agreement shall be in the appropriate court for Eagle County, Colorado. To
reduce the cost of dispute resolution and to expedite the resolution of disputes under this
Agreement, the Parties hereby waive any and all right either may have to request a jury trial
in any civil action relating primarily to the enforcement of this Agreement. The Parties
agree that the rule that ambiguities in a contract are to be construed against the drafting
party shall not apply to the interpretation of this Agreement. If there is any conflict between
the language of this Agreement and any exhibit or attachment, the language of this
Agreement shall govern.
A.10. Survival of Terms and Conditions: The Parties understand and agree that all terms and
conditions of the Agreement that require continued performance, compliance, or effect
beyond the termination date of the Agreement shall survive such termination date and shall
be enforceable in the event of a failure to perform or comply.
A.11. Assignment and Release: All or part of the rights, duties, obligations, responsibilities, or
benefits set forth in this Agreement shall not be assigned by Contractor without the express
written consent of the Town Council for the Town of Avon. Any written assignment shall
expressly refer to this Agreement, specify the particular rights, duties, obligations,
responsibilities, or benefits so assigned, and shall not be effective unless approved by
resolution or motion of the Town Council for the Town of Avon. No assignment shall
release the Applicant from performance of any duty, obligation, or responsibility unless
such release is clearly expressed in such written document of assignment.
A.12. Indemnification: To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless the Town, its members, affiliates, officers, directors, partners,
employees, and agents from against all claims, damages, losses, and expenses, including
but not limited to reasonable attorney’s fees, arising out of the performance of the Services,
provided that any such claim, damage, loss or expense is caused by any negligent act or
omission of Contractor, anyone directly or indirectly employed by Contractor, or anyone
for whose acts Contractor may be liable, except to the extent any portion is caused in part
by a party indemnified hereunder.
A.13. Severability: Invalidation of any of the provisions of this Agreement or any paragraph
sentence, clause, phrase, or word herein or the application thereof in any given
circumstance shall not affect the validity of any other provision of this Agreement.
Addendum No. 1: Town of Avon
Page 4 of 4
Dacra Tech, LLC
By:
Date: ______________________
Its authorized representative
Town of Avon
a Colorado municipal corporation
By:
Date: ____________________
Its authorized representative
Eric Heil (Sep 26, 2025 15:39:48 MDT)
Eric Heil
2025-09-26 - Avon CO - Speed Enforcer
Agreement FINAL
Final Audit Report 2025-09-27
Created:2025-09-26
By:Balmore Herrera (bherrera@avon.org)
Status:Signed
Transaction ID:CBJCHBCAABAAB8b44Jodpc_roLDGiq417imDtw4VYLME
"2025-09-26 - Avon CO - Speed Enforcer Agreement FINAL" His
tory
Document created by Balmore Herrera (bherrera@avon.org)
2025-09-26 - 6:57:30 PM GMT
Document emailed to eheil@avon.org for signature
2025-09-26 - 7:02:00 PM GMT
Email viewed by eheil@avon.org
2025-09-26 - 9:39:19 PM GMT
Signer eheil@avon.org entered name at signing as Eric Heil
2025-09-26 - 9:39:46 PM GMT
Document e-signed by Eric Heil (eheil@avon.org)
Signature Date: 2025-09-26 - 9:39:48 PM GMT - Time Source: server
Document emailed to Dave Braner (dave.braner@dacratech.com) for signature
2025-09-26 - 9:39:50 PM GMT
Email viewed by Dave Braner (dave.braner@dacratech.com)
2025-09-27 - 11:21:14 AM GMT
Document e-signed by Dave Braner (dave.braner@dacratech.com)
Signature Date: 2025-09-27 - 11:22:44 AM GMT - Time Source: server
Agreement completed.
2025-09-27 - 11:22:44 AM GMT