26.02.10 ICA Walking Mountains Science Center2026: ICA – Walking Mountains Science Center, February 10, 2026 Approved by Town Attorney as to form (2026)
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2026 Independent Contractor
Service Agreement
2026 Community Energy Efficiency Program
This Independent Contractor Service Agreement (“Agreement”) dated as of February 10, 2026, is
between the Town of Avon, a Colorado home rule community (“Town”), and Walking Mountains Science
Center, a community-based nonprofit 501c3 organization of the State of Colorado whose business address
is 318 Walking Mountains Lane | PO Box 9469 | Avon, CO 81620 (“Contractor” and, together with the Town,
“Parties”).
1. Services: Contractor agrees to provide services (“Services”) as described in the proposal
(“Proposal”) attached hereto and incorporated herein as Exhibit A. To the extent the provisions of this
Agreement conflict with the Proposal, the terms of this Agreement shall control. Contractor shall provide and
complete the Services in a manner consistent with that degree of care and skill ordinarily exercised by
members of the same profession currently practicing under similar circumstances in Colorado. Contractor
hereby warrants that it has the workforce, training, experience, and ability necessary to properly complete
the Services in a safe and timely fashion. Contractor will comply and cause all of its employees, agents, and
subcontractors to comply, with applicable safety rules and security requirements while performing the
Services.
2.Independent Contractor: The Contractor shall perform the Services as an independent contractor
and shall not be deemed by virtue of this Agreement, or any other document attached or referenced herein,
to have entered into any partnership, joint venture, employer/employee, or other relationship with the Town
other than as a contracting party and independent contractor. The Town shall not be obligated to secure,
and shall not provide, any insurance coverage or employment benefits of any kind or type to or for the
Contractor or the Contractor’s employees, sub-consultants, contractors, agents, or representatives, including
coverage or benefits related but not limited to: local, state, or federal income or other tax contributions;
insurance contributions (e.g., FICA); workers’ compensation; disability, injury, or health; professional liability
insurance, errors, and omissions insurance; or retirement account contributions.
3.Insurance:
3.1. Minimum Amounts. The Contractor shall obtain and shall continuously maintain during the Term
(as defined herein) of this Agreement insurance of the kind and in the minimum amounts specified in this
Section 3.1. The Required Insurance (defined below) shall be procured and maintained with insurers with
an A- or better rating as determined by Best’s Key Rating Guide. All Required Insurance shall be continuously
maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor.
The Contractor shall secure and maintain the following (“Required Insurance”):
2026: ICA – Walking Mountains Science Center, February 10, 2026 Approved by Town Attorney as to form (2026)
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A. Worker’s Compensation Insurance in the minimum amount required by applicable law for all
employees and other persons as may be required by law. Such policy of insurance, if any, shall be
endorsed to include the Town as a Certificate Holder.
B. Comprehensive General Liability insurance with minimum combined single limits of One Million
Dollars ($1,000,000.00) for each occurrence and of One Million Dollars ($1,000,000.00) aggregate.
The policy shall be applicable to all premises and all operations of the Contractor. The policy shall
include coverage for bodily injury, broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall contain a severability
of interests provision. Coverage shall be provided on an “occurrence” basis as opposed to a “claims
made” basis. Such insurance shall be endorsed to name the Town as Certificate Holder and name
the Town, and its elected officials, officers, employees, and agents as additional insured parties.
3.2. Additional Requirements for All Policies. In addition to specific requirements imposed on
insurance by this Section 3. INSURANCE and its subsections, insurance shall conform to all of the following:
A. For Required Insurance and other insurance carried by Contractor (“Contractor Insurance”), all
policies of insurance shall be primary insurance, and any insurance carried by the Town, its officers,
or its employees shall be excess and not contributory insurance to that provided by the Contractor;
provided, however, that the Town shall not be obligated to obtain or maintain any insurance
whatsoever for any claim, damage, or purpose arising from or related to this Agreement and the
Services. The Contractor shall not be an insured party for any Town-obtained insurance policy or
coverage.
B. For Contractor Insurance and Required Insurance, the Contractor shall be solely responsible for any
deductible losses.
C. For Required Insurance, no policy of insurance shall contain any exclusion for bodily injury or
property damage arising from completed operations.
D. For Required Insurance, every policy of insurance shall provide that the Town will receive notice no
less than thirty (30) days prior to any cancellation, termination, or a material change in such policy.
3.3. Failure to Obtain or Maintain Insurance. The Contractor’s failure to obtain and continuously
maintain policies of insurance in accordance with this Section 3. INSURANCE and its subsections shall not
limit, prevent, preclude, excuse, or modify any liability, claims, demands, or other obligations of the Contractor
arising from performance or non-performance of this Agreement. Failure on the part of the Contractor to
obtain and to continuously maintain policies providing the required coverage, conditions, restrictions, notices,
and minimum limits shall constitute a material breach of this Agreement upon which the Town may
immediately terminate this Agreement, or, at its discretion, the Town may procure or renew any such policy
or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all
monies so paid by the Town shall be repaid by Contractor to the Town immediately upon demand by the
Town, or at the Town’s sole discretion, the Town may offset the cost of the premiums against any monies
due to the Contractor from the Town pursuant to this Agreement.
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3.4. Insurance Certificates. Prior to commencement of the Services, the Contractor shall submit to the
Town applicable certificates of insurance for all Required Insurance. Insurance limits, terms of insurance,
insured parties, and other information sufficient to demonstrate conformance with this Section 3.
INSURANCE and its subsections shall be indicated on each certificate of insurance. Certificates of insurance
shall reference the Project Name as identified on the first page of this Agreement. The Town may request
and the Contractor shall provide within three (3) business days of such request a current certified copy of any
policy of Required Insurance and any endorsement of such policy. The Town may, at its election, withhold
payment for Services until the requested insurance policies are received and found to be in accordance with
the Agreement.
4. Payment: Payment for Services shall be due only after the Services are completed to the Town’s
satisfaction, which satisfaction shall be determined by the Town in its sole and reasonable discretion, and
after Contractor has submitted an invoice for the amount due complete with the Contractor’s taxpayer
identification number or social security number. Town shall pay Contractor within thirty (30) days after an
invoice in proper form is submitted to Town.
5. Town Unilateral Termination: Town may terminate this Agreement without cause upon delivery of
written notice to the Contractor at least ten (10) days prior to the effective date of termination or may terminate
this Agreement immediately upon delivery of written notice if Contractor fails to provide the Services in
accordance with the terms of this Agreement.
6. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive,
limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials,
employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular,
governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24,
Article 10, Part 1 of the Colorado Revised Statutes.
7. Affirmative Action: Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. Contractor will take affirmative action to
ensure applicants are employed, and employees are treated during employment without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
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.
9. Limitation of Damages: The Parties agree that Contractor’s remedies for any claims asserted
against the Town shall be limited to proven direct damages in an amount not to exceed payment amounts
for Services due under the Agreement and that the Town shall not be liable for indirect, incidental, special,
consequential or punitive damages, including but not limited to lost profits.
10. Indemnity: To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless Town, its members, affiliates, officers, directors, partners, employees, and agents from and against
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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.
11. 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 the rule providing ambiguities in a contract are to be construed against the drafting party shall not apply
to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and
any exhibit or attachment, the language of this Agreement shall govern.
12. Term. The provision of Services under this Agreement shall commence on February 10, 2026 (the
“Effective Date”) and will terminate twelve consecutive calendar months later (cumulatively, the “Term”).
The Contractor understands and agrees that the Town has no obligation to extend this Agreement’s Term or
contract for the provision of any future services, and makes no warranties or representations otherwise.
Notwithstanding the foregoing, the Parties may mutually agree in writing to the monthly extension of this
Agreement for up to twelve (12) consecutive calendar months if such extension is approved by the Town
Council and the Contractor and such extension does not alter or amend any of the terms or provisions of this
Agreement.
13. 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 laws. Upon the failure to appropriate such funds, this Agreement shall be
terminated.
14. Background Check. A background check of Contractor and any Contractor’s employees or
subcontractors may be required by the Town. Contractor can provide proof of a CBI check within the past
six (6) months and shall provide a copy prior to the commencement of any Services (this can be acquired
online by going to www.colorado.gov) or the Town will conduct the background check and provide a
submission form to be completed by the Contractor.
15. Assignability. The Contractor shall not assign this Agreement without the Town’s prior written
consent.
16. Survival Clause. The “Indemnification” provision set forth in this Agreement shall survive the
completion of the Services and the satisfaction, expiration, or termination of this Agreement.
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17. Severability. In the event a court of competent jurisdiction holds any provision of this Agreement
invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
AGREEMENT READ, UNDERSTOOD, AND APPROVED:
Eric Heil (Feb 12, 2026 08:15:41 MST)
Eric Heil
Eric Heil Nikki Maline
2026 Town of Avon Community Energy Efficiency Program Exhibit A – page 1 updated 2/7/26
2026 SCOPE OF SERVICES for the TOWN OF AVON
Community Energy Efficiency Program
2/10/2026 through 12/31/2026
CONTACT INFORMATION
Walking Mountains Contact: Nikki Maline, Energy Programs Director
P.O. Box 9469, Avon, CO 81620 Email: nikkim@walkingmountains.org
Office Phone: 970-328-8777 Website: www.walkingmountains.org/energy
ORGANIZATION PROFILE
The mission of Walking Mountains is to “awaken a sense of wonder and inspire environmental stewardship and
sustainability through natural science education”. Walking Mountains is a community-based nonprofit 501c3
organization in Avon, Colorado that educates residents and visitors while helping businesses, individuals and local
governments become more environmentally sustainable. Walking Mountains Sustainability Department’s objective is
to act as an agent of change to achieve local climate action goals and improve the social, economic, and
environmental resilience of the Eagle County community. We serve as a resource and education hub to inspire
action from local to global. Through this objective our staff implement multiple strategies to educate, outreach, and
provide opportunities for action. Sustainability staff work across various sectors including energy & buildings, climate
action, sustainable business, and waste diversion and reduction while using a lens of equity.
The Energy Smart Colorado (ESC) program at Walking Mountains provides energy coaching, comprehensive
home energy assessments (highly discounted), and rebates to businesses and homes. Through
ReEnergize Eagle County a free assessment and free home improvements are available to local
working households (and retirees), homeowners and renters, with a max 150% Area Median Income (AMI).
PURPOSE OF PROGRAM / PARTNERSHIP
Through participation in the Energy Smart Colorado & ReEnergize Eagle County programs, homes & business are
provided education and recommendations, and incentives for making recommended upgrades. In additional to a
reduced energy burden and a healthier living environment, homes and buildings that invest in improvements related
to Energy Efficiency, Renewable Energy, and Building Electrification significantly help our community reach our local
climate action plan goal of an overall 50% reduction of greenhouse gas emissions by 2030 (from a 2014 baseline).
The Town of Avon has implemented an action-based, town specific, Climate Action Plan schedule based on local
climate action plan goals. In 2016 the Town of Avon approved the adoption of the Exterior Energy Offset Program
(EEOP), which brings funds in from those implementing outdoor energy use without on-site offsets. The intended use
of these funds is for energy improvements within Avon. These funds can be used to partner with the Energy Smart
Colorado program locally.
The purpose of this location specific program is to create a system of incentives that are specific and targeted for the
Town of Avon community in order to help locals decrease their energy burden and make living environments safer
and healthier. By partnering with Walking Mountains, the Town of Avon will be able to implement a program that is
accessible, available, and affordable to all homes & business within the Town, as well as full-time Town employees.
Exhibit A
2026 Town of Avon Community Energy Efficiency Program Exhibit A – page 2 updated 2/7/26
Community Energy Efficiency Program:
Within the Community of the Town of Avon, we would like to increase the participation and engagement in the
already developed Energy Smart Colorado & ReEnergize Eagle County programs. Many of the assets for these
programs are already in place and will be leveraged for your community, including:
Qualified contractor network for Energy Assessments and Improvements
Comprehensive Customer Relationship Management tool (Salesforce) for tracking program results/financials
Stocked Inventory of Quick Fix materials (free direct installs during a home energy assessment)
Sustainable Economic and Social Development:
Over the past 15 years throughout Eagle County, the Energy Smart Colorado program has created a “green
workforce” including sustainability experts, highly-trained contractors, and Building Analysts which have all
contributed to the economic growth of the community.
Public Education, Communication, and Equity:
By providing energy efficiency & electrification education to local homeowners & businesses, and developing more
streamlined methods of bi-lingual communication, Walking Mountains Sustainability staff is able to increase the
capacity for energy saving improvements throughout the Town of Avon. 2026 Outreach will be neighborhood
focused with promotion of all programs available locally to households with a maximum household income of 150%
Area Median Income (AMI). The following programs provide free assessments and free home improvements: WAP
(Federal Weatherization Assistance Program), CARE (Colorado’s Affordable Residential Energy program), and
ReEnergize Eagle County. In addition, information will be shared with all Town of Avon residents about access to low-
cost comprehensive home energy assessments and rebates available through Energy Smart Colorado.
DELIVERABLES
During 2026, Walking Mountains will partner with the Town of Avon, other local municipalities, Eagle County, and
local utilities to perform the following work:
Administration of the Energy Smart Colorado program, including project management and reporting
Through Energy Smart Colorado offer low-cost home energy assessments, energy coaching, and incentives
for home & business improvements
Outreach, education, and follow-up for the ReEnergize Eagle County program
Direct bi-lingual outreach & education to local working households that need the most help
Annual energy savings report, with data on number of homes and businesses worked with and greenhouse
gas (GHG) reductions; report will show Town of Avon’s specific impact
The above includes program management, including managing the budget, reporting, data management, energy
modeling, workflow of setting up and completing assessments, rebate processing, energy coaching, and more.
Marketing & Outreach:
Marketing & Outreach will consist of newsletter inclusions and targeted social media posts with files ready to share
with Town of Avon so they can do the same. A poster will be created, specific to the Town of Avon, and distributed
specifically at locations Town of Avon locals frequent. In addition, if there are events that take place within the Town
2026 Town of Avon Community Energy Efficiency Program Exhibit A – page 3 updated 2/7/26
that homeowners and businesses may attend, Walking Mountains would like to have a table to share information
and energy education. Community outreach will focus on connecting with local working households that need
assistance the most, as detailed above. Walking Mountains will meet with the Town of Avon staff and develop a plan
for outreach in 2026 to ensure all residents in the Town know about offerings.
Incentive Details:
Town of Avon – 2026 Community Specific Incentives, for homes and businesses/buildings, and full-time town employees:
Home Energy Assessments –
o $50 Flat Fee for homes up to 3,000 sq. ft. to homeowner at time of assessment. TOA covers 80% of
the charges (capped at $400) for additional square footage above $50 flat fee;
o $25 Flat Fee for Community Priority homes up to 3,000 sq. ft. to homeowner at time of assessment.
TOA covers 80% of the charges (capped at $400) for additional square footage above $25 flat fee
(deed restricted, childcare staff, first responders, local government employees, non-profit employees,
teacher/school employee, ski patrol, veteran/active military, or max 150% AMI);
E-lawn Care Rebate - up to $300 for new battery or corded electric equipment, including: electric mowers
(push or riding), electric snow blowers, electric chainsaws, electric trimmers, electric pruners, electric leaf
blowers, or electric power washers (no energy assessment required for e-lawn care rebate)
Electric Fireplace BONUS Rebate - up to $300 for installing an electric fireplace, must eliminate an existing
gas or wood-burning fireplace, must cap gas line at appliance
Weatherization BONUS Rebate - up to $500 for completing an air sealing and/or insulation upgrade
Induction Range BONUS Rebate - up to $500 for installing an electric induction range/stove, must convert
gas range to electric induction
Heat Pump BONUS Rebate - up to $1,000 for installing a ducted or mini-split heat pump, heat pump water
heater, and/or heat pump dryer
Automation BONUS Rebate - up to $1,000 for networked LED lighting controls, building automation systems,
and smart electrical panels; larger projects must provide energy modeling showing potential savings
Electric Vehicle Purchase Rebate - up to $1,000 for the purchase or lease of a new or used Electric Vehicle or
Plug-in EV
EV Charger Installation for Multifamily Buildings Rebates - up to $1,000 for installing an EV Charger in a common
space for a multifamily building, must be a 2-port charger, level II or III, available to all occupants of the building
Battery Storage (home/building) Rebate - up to $1,000 for installing storage that is connected to the
electricity grid, must enroll in Holy Cross Energy’s Time of Use rate OR Power+ FLEX specifically (Power+ not
eligible for a rebate)
Windows/Doors replacement - up to $1,000 for replacing single-pane windows and/or doors with new;
window U-Factor must be ≤ 0.30, storm window must be ENERGY STAR, door U-Factor must be ≤ 0.17
Community Priority Homes DOUBLE ESC rebate - up to $1,000 any household qualified as community
priority can double the Energy Smart Colorado rebate max
2026 Town of Avon Community Energy Efficiency Program Exhibit A – page 4 updated 2/7/26
If applicable, incentives may be stacked with regular Energy Smart
CO rebates, ReEnergize incentives, utility rebates, and state incentives. The above will not exceed 75% of the project
cost when all incentives are combined (with the exception of ReEnergize Eagle County homes who may have up to
100% of costs covered). Bonus rebates must meet/exceed requirements of the regular Energy Smart CO rebate
program.
BUDGET & GOALS for 2026
90 MtCO2e reduced/offset annually from all ESC incentives in Town of Avon in 2026, estimated
The top four (4) lines are flow-through funds, and estimated amounts, in order to respond to varying community
interest there can be flexibility between these lines. Assessments & Rebates are limited to the amount of total funds
available at any given time. Walking Mountains will notify the Town of Avon if we get close to running out of funds for
these incentives, at which time the Town of Avon can choose to contribute more funding, or end the special incentives
for the remainder of the year. If annual ESC funds are depleted flow-through funds remaining above may be used to
pay any full ESC rebates still needing fulfilled.
Disbursement of Funds:
Upon execution of this agreement, in the first quarter of 2026, the Town of Avon will advance Walking Mountains
$31,426 for work to be completed in 2026. In additional $8,574 remaining from 2025 will roll-over into work done in
2026. If funds are depleted in full prior to the end of the calendar year Walking Mountains will notify the Town of
Avon so the Council may consider additional funding. If there are leftover funds at the close of 2026, the Town of
Avon would like these funds to be rolled over into the 2027 program. Walking Mountains will provide quarterly
progress reports to the Town of Avon.
Incentive/Hard Cost Details Budget Estimated Annual
MtCO2e reduced
Home Energy Assessments Goal of thirty (30) at $50 homeowner co-pay or $25
community priority co-pay, any sized of home $1,800 2
$300 Rebates –
Electric Fireplace, E-lawn care Goal of nine (9) $300 rebates $2,700 tbd
$500 Rebates –
Weatherization, Induction Goal of ten (10) $500 bonus rebates $5,000 18
$1,000 Rebates – Heat
Pump, Automation, EV,
EV Charger, Storage,
Windows/Doors, Community
Priority Bonus
Goal of nineteen (19) $1,000 rebates $19,000 40
Marketing & Outreach
Hard costs for marketing, outreach and communication in
order to increase participation
(includes marketing staff time and hard costs of ads & print)
$2,500 n/a
Program Administration
Hard costs for program management, staffing, on-going
energy coaching and contractor referrals
includes energy coaching for homeowners and businesses,
program management, contractor referrals, and communications:
2 hours for each assessment
2.5 hours for each rebate
$65/hour
$9,000
(max) n/a
Town of Avon Specific Incentives: $40,000 60 MtCO2e
estimated
ICA WM 2026 Energy Effiency Program V2
Final Audit Report 2026-02-12
Created:2026-02-11
By:Ineke de Jong (idejong@avon.org)
Status:Signed
Transaction ID:CBJCHBCAABAAfWQe6ybuqx6lnpMyjN2Oy1cK3ZGhgSNc
"ICA WM 2026 Energy Effiency Program V2" History
Document created by Ineke de Jong (idejong@avon.org)
2026-02-11 - 11:48:18 PM GMT
Document emailed to Eric Heil (eheil@avon.org) for signature
2026-02-11 - 11:51:15 PM GMT
Email viewed by Eric Heil (eheil@avon.org)
2026-02-12 - 3:15:18 PM GMT
Document e-signed by Eric Heil (eheil@avon.org)
Signature Date: 2026-02-12 - 3:15:41 PM GMT - Time Source: server
Document emailed to Nikki Maline (nikkim@walkingmountains.org) for signature
2026-02-12 - 3:15:43 PM GMT
Email viewed by Nikki Maline (nikkim@walkingmountains.org)
2026-02-12 - 3:36:59 PM GMT
Document e-signed by Nikki Maline (nikkim@walkingmountains.org)
Signature Date: 2026-02-12 - 3:37:29 PM GMT - Time Source: server
Agreement completed.
2026-02-12 - 3:37:29 PM GMT