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TC Council Packet 06-23-2015 TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JUNE 23, 2015 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:45 P.M. AVON URBAN RENEWAL AUTHORITY BEGINS AT 5:50 P.M. REGULAR MEETING BEGINS AT 6:00 P.M. AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICERS MAYOR JENNIE FANCHER MAYOR PRO TEM JAKE WOLF COUNCILORS MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES OPTIONAL TOUR OF AVON TRANSIT FACILITY 4:30 P.M. AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:45 PM (SEE SEPARATE AGENDA PAGE 3 ) AVON URBAN RENEWAL AUTHORITY MEETING BEGINS AT 5:50 PM (SEE SEPARATE AGENDA PAGE 4) REGULAR MEETING BEGINS AT 6:00 P.M. 1. CALL TO ORDER & ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT –COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA 4. CONSENT AGENDA 4.1. APPROVAL OF TOWN OF AVON AND BRAZOS E-CITATIONS AGREEMENT (CHIEF BOB TICER) 4.2. APPROVAL OF PURCHASE A GREEMENT FOR TRANSIT BUS (TRANSIT SUPERINTENDENT JANE BURDEN) 4.3. APPROVAL OF TOWN COUNCIL MINUTES FOR THE MEETINGS OF JUNE 3RD & 9TH, 2015 (TOWN CLERK DEBBIE HOPPE) 5. WORK SESSION 5.1 AVON TRANSIT SERVICES – OBJECTIVES, ROUTES & R IDERSHIP (TRANSIT SUPERINTENDENT JANE BURDEN) 6. ACTION ITEMS 6.1. ACTION ON REQUEST FOR F UNDING OF A SUMMER DINNER BUS SERVICE JULY 1ST - AUGUST 31ST (TRANSIT SUPERINTENDENT JANE BURDEN) 6.2. PUBLIC HEARING AMPLIFIED SOUND PERMIT APPLICATION FOR XTERRA TRIATHLON (TOWN CLERK DEBBIE HOPPE) 6.3. PUBLIC HEARING AMPLIFIED SOUND PERMIT APPLICATION FOR BEC TRI SPRINT TRIATHLON (TOWN CLERK DEBBIE HOPPE) 6.4. CONTINUED FIRST READING OF ORDINANCE NO. 15-05, SERIES OF 2015, AN ORDINANCE AMENDING THE TOWN CODE OF ETHICS (TOWN ATTORNEY ERIC HEIL) 7. WORK SESSION 7.1 UPDATE ON DISC GOLF, LAKE WATER QUALITY MEASUREMENT, SUMMER ACTIVITY PASSPORT & PICKLE BALL COURT (DIRECTOR OF RECREATION JOHN CURUTCHET) 7.2 2016-2017 BUDGET CALENDAR (BUDGET ANALYST KELLY HUITT) 7.3 REVIEW AND DIRECTION REGARDING HISTORIC STRUCTURES (PLANNING MANAGER MATT PIELSTICKER) 7.3.1 NOTTINGHAM BLACKSMITH SHOP AT 2000 HURD LANE 7.3.2 HAHNEWALD BUILDING STATUS AT 950 WEST BEAVER CREEK BOULEVARD 8. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 9. MAYOR & COUNCIL COMMENTS 10. WRITTEN REPORTS 10.1. MONTHLY FINANCIALS (BUDGET ANALYST KELLY HUITT) 11. EXECUTIVE SESSION (THIS SESSION IS NOT OPEN TO THE PUBLIC) 11.1. MEET WITH THE TOWN ATTORNEY FOR THE PURPOSE OF RECEIVING LEGAL ADVICE CONCERNING A WATER STORAGE TANK FOR THE MOUNTAIN STAR PUD DEVELOPMENT PURSUANT TO C.R.S. §24-6 -402(B). 11. ADJOURNMENT TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JUNE 23, 2015 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:45 P.M. AVON URBAN RENEWAL AUTHORITY BEGINS AT 5:50 P.M. REGULAR MEETING BEGINS AT 6:00 P.M. AVON TOWN HALL, ONE LAKE STREET _____________________________________________________________________________________ MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY. Page 2 PRESIDING OFFICERS CHAIRMAN JENNIE FANCHER VICE CHAIRMAN JAKE WOLF BOARD MEMBERS MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. APPLICANT NAME: BRIGHT FUTURE FOUNDATION EVENT NAME: FLAVORS OF COLORADO EVENT DATES: JULY 24 TO 26, 2015; 7:00 AM UNTIL 11:59 PM LOCATION: NOTTINGHAM PARK CONCERT PAVILION & TOA TOWN HALL WEST PARKING LOT (LIQUOR STORAGE ONLY) EVENT MANAGER: KATIE TILLIE PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR 4.2. APPLICANT NAME: EAGLE VALLEY HUMANE SOCIETY EVENT NAME: DANCING IN THE PARK EVENT DATE: JULY 29, 2015; 3:00 PM UNTIL 9:00 PM LOCATION: NOTTINGHAM PARK CONCERT PAVILION EVENT MANAGER: CHAR GONSENICA PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR 4.3. APPLICANT NAME: EDUCATION FOUNDATION OF EAGLE COUNTY EVENT NAME: TASTE OF NATURE GALA EVENT DATES: JULY 7, 2015 LOCATION: WALKING MOUNTAINS SCIENCE CENTER EVENT MANAGER: MARKIAN FEDUSCHAK PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR 5. RENEWAL OF LIQUOR LICENSES 5.1. APPLICANT: Y&Z, INC. D/B/A NOZAWA SUSHI & KITCHEN LOCATION: 240 CHAPEL PLACE TYPE: HOTEL & RESTAURANT MANAGER: JENNIFER BROSCH 6. MINUTES FROM JUNE 9, 2015 7. ADJOURNMENT TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JUNE 23, 2015 AVON LIQUOR AUTHORITY MEETING BEGINS AT 5:45 P.M. AVON TOWN HALL, ONE LAKE STREET _____________________________________________________________________________________ MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY. Page 3 TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JUNE 9, 2015 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER AND ROLL CALL Chairman Fancher called the meeting to order at 5:04 p.m. A roll call was taken and Board members present were Sarah Smith Hymes, Jake Wolf, Buz Reynolds, and Megan Burch. Board member Prince and Board member Gennett are absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager Scott Wright, Executive Assistant Preston Neill and Town Clerk Debbie Hoppe. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA No public comments made. 4. PUBLIC HEARING SPECIAL EVENTS PERMIT 4.1. APPLICANT NAME: BRAVO! VAIL EVENT NAME: BRAVO! VAIL SOIREE EVENT DATE: JULY 27, 2015; 11:00 AM UNTIL 11:00 PM LOCATION: 108 PRIMROSE EVENT MANAGER: DARCY GILES PERMIT TYPE: MALT, VINOUS & SPIRITUOUS LIQUOR The application was presented by Kaitlen Murry and Darcy Giles. Vice Chairman Wolf moved to approve the Bravo! Vail Soiree Special Event Permit; Board member Reynolds seconded the motion and it passed unanimously with those present. Board member Prince and Board memberGennett are absent. 5. RENEWAL OF LIQUOR LICENSES 5.1. APPLICANT: YERF, LLC D/B/A TICINO ITALIAN RESTAURANT LOCATION: 100 W. BEAVER CREEK BLVD. #127 TYPE: HOTEL & RESTAURANT MANAGER: CHARLES FREY Vice Chairman Wolf moved to approve the Hotel & Restaurant License for YERF, LLC d/b/a Ticino Italian Restaurant; Board member Burch seconded the motion and it passes unanimously by those present. Board member Prince and Board member Gennett are absent. 6. MINUTES FROM MAY 26, 2015 Board member Reynolds moved to approve the Minutes from May 26, 2015; Vice Chairman Wolf seconded the motion and it passed unanimously with those present. Board member Prince and Board member Gennett are absent. LA 06-09-2015 Minutes Page 1 TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES FOR TUESDAY, JUNE 9, 2015 AVON TOWN HALL, ONE LAKE STREET 7. Adjournment There being no further business to come before the Board, the meeting adjourned at 5:10 p.m. RESPECTFULLY SUBMITTED: ____________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ______________________________________ Jake Wolf ______________________________________ Matt Gennett ______________________________________ Megan Burch ______________________________________ Albert “Buz” Reynolds ______________________________________ Scott Prince ______________________________________ Sarah Smith Hymes ______________________________________ LA 06-09-2015 Minutes Page 2 PRESIDING OFFICERS CHAIRMAN JENNIE FANCHER VICE CHAIRMAN JAKE WOLF BOARD MEMBERS MEGAN BURCH, MATT GENNETT, SCOTT PRINCE, ALBERT “BUZ” REYNOLDS, SARAH SMITH HYMES STAFF EXECUTIVE DIRECTOR / SECRETARY: VIRGINIA EGGER ATTORNEY: ERIC HEIL TREASURER: SCOTT WRIGHT AUTHORITY CLERK: DEBBIE HOPPE ALL URBAN RENEWAL AUTHORITY MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON’S WEBSITE, HTTP://WWW.AVON.ORG FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER AND AVON LIBRARY 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. PUBLIC COMMENT 4. ACTION ITEM 4.1. PUBLIC HEARING URA RESOLUTION NO. 15-02, RESOLUTION TO AMEND THE 2015 AVON URBAN RENEWAL AUTHORITY BUDGET (BUDGET ANALYST KELLY HUITT, TOWN ENGINEER JUSTIN HILDRETH) 4.2. APPROVAL OF MINUTES FROM JANUARY 13, 2015 5. ADJOURNMENT TOWN OF AVON, COLORADO TOWN OF AVON MEETINGS FOR TUESDAY, JUNE 23, 2015 AVON URBAN RENEWAL AUTHORITY BEGINS AT 5:50 P.M. AVON TOWN HALL, ONE LAKE STREET _____________________________________________________________________________________ MEETING AGENDAS & PACKETS: HTTP://WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, RECREATION CENTER, & LIBRARY. Page 4 AVON URBAN RENEWAL AUTHORITY REPORT To: Honorable Chairperson Mayor Jennie Fancher and Avon URA Commissioners From: Justin Hildreth, Town Engineer and Kelly Huitt, Budget Analysist Date: June 17, 2015 Agenda Topic: Resolution No. 15-02 Resolution to Amend the 2015 Avon Urban Renewall Authority Budget Recently during the review of the Medical Office Building (MOB) permit plans, Staff realized that streetlights are necessary along the frontage of the building to light the Nottingham Road sidewalk to provide for a safe and inviting pedestrian environment. A significant increase in pedestrian traffic on the sidewalk is expected as a result of the new MOB and bus stop that will be located in front of Northside Café. The Town typically installs streetlights when demand is generated as development occurs along streets. Four 16 FT tall streetlights matching the pedestrian lights in the Town Core are recommended at an estimated cost of $30,00 to $40,000. The URA Community Revitalization Public-Private Partnership guidelines state that the URA may elect to participate on a case-by-case basis in cost of infrastructure that will benefit multiple projects and properties. These streetlights meet the guideline requirements and Staff is recommending to pay for the streetlights through the program. This budget amendment will appropriate the funds for 2015. Staff Recommendation Staff recommends approving the resolution. Recommended Motion “Move to approve Resolution No. 15-02 to Amend the 2015 Avon Urban Renewall Authority Budget Exhibits and Attachments: Exhibit A – Resolution No. 15-02 AVON URBAN RENEWAL AUTHORITY TOWN OF AVON, COLORADO RESOLUTION NO. 15-02 SERIES OF 2015 A RESOLUTION AMENDING THE 2015 AVON URBAN RENEWAL AUTHORITY BUDGET WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority has previously adopted the 2015 budget; WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority reviewed the revised estimated revenues and expenditures for all funds for 2015; WHEREAS, the Board of Commissioners of the Avon Urban Renewal Authority finds it necessary to amend the 2015 budget to more accurately reflect the revenues and expenditures for 2015; WHEREAS, upon due and proper notice, published or posted in accordance with the law, the proposed budget amendment to the 2015 budget was open for inspection by the public at a designated place, a public hearing was held on November 11, 2014 and interested taxpayers were given the opportunity to file or register any objections to the proposed budget amendment; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE AVON URBAN RENEWAL AUTHORITY: Section 1. That estimated revenues and expenditures for the Avon Urban Renewal Authority are revised as follows for 2015: Original or Previously Amended 2015 Budget Current Proposed Amended 2015 Budget Avon Urban Renewal Authority Beginning Fund Balance Revenues and Other Sources Expenditures and Other Uses Ending Fund Balance $ 776,835 701,303 680,454 $ 797,684 $ 826,178 701,303 720,454 $ 807,027 Section 2. That the budget, as submitted and amended hereby is approved and adopted as the budget of the Avon Urban Renewal Authority for the year stated above. Section 3. That the budget hereby approved and adopted shall be signed by the Chairman and made part of the public record of the Authority. ADOPTED this 23rd day of June, 2015. AVON URBAN RENEWAL AUTHORITY ______________________________ Jennie Fancher, Chairman ATTEST: _____________________________ Scott Wright, Treasurer CERTIFIED: _____________________________ Debbie Hoppe Authority Clerk Page 1 Adopted Amended Difference Actual Budget Budget Increase 2014 2015 2015 (Decrease) REVENUES Taxes 784,986$ 698,162$ 698,162$ -$ Investment Earnings 4,492 3,141 3,141 - Total Operating Revenues 789,478 701,303 701,303 - Other Sources Loan Proceeds - - - - TOTAL REVENUES 789,478 701,303 701,303 - EXPENDITURES Current: General Government - 950 950 - Capital Improvements - - 40,000 40,000 Debt Service: Principal 305,000 320,000 320,000 - Interest 239,573 229,504 229,504 - Debt Issuance Costs - - - - Treasurer Fees 29,757 29,000 29,000 - Fiscal Charges - 1,000 1,000 - Total Operating Expenditures 574,330 580,454 620,454 40,000 Other Uses Transfers Out - Capital Projects Fund 700,000 - - - Transfers Out - Town Center West Mtc. Fund 200,000 100,000 100,000 - Total Other Uses 900,000 100,000 100,000 - TOTAL EXPENDITURES 1,474,330 680,454 720,454 40,000 NET SOURCE (USE) OF FUNDS (684,852) 20,849 (19,151) (40,000) FUND BALANCES, Beginning of Year 1,511,030 776,835 826,178 49,343 FUND BALANCES, End of Year 826,178$ 797,684$ 807,027$ 9,343$ FUND BALANCES: Restricted For: Debt Service 628,240$ 628,240$ 628,240$ -$ Capital Improvements - - - - Urban Renewal 197,938 169,444 178,787 9,343 TOTAL FUND BALANCES 826,178$ 797,684$ 807,027$ 9,343$ Fund Summary AVON URBAN RENEWAL AUTHORITY Summary Page 2 Adopted Amended Difference Account Actual Budget Budget Increase Number Description 2014 2015 2015 (Decrease) CAPITAL IMPROVEMENT PROJECTS Roads and Streets: Street Improvements: 32012 Lake Street Realignment Design -$ -$ -$ -$ 32013 Lake Street Construction - - - - 32014 Main Street Design - - - - 32015 Main Street Easements - - - - 32016 Main Street Construction - - - - 32017 Benchmark Road Design - 32018 Nottingham Road Streetlights - - 40,000 40,000 Total Capital Improvement Projects -$ -$ 40,000$ 40,000$ CIP Projects Inventory AVON URBAN RENEWAL AUTHORITY Capital Projects TOWN OF AVON, COLORADO MINUTES FOR THE URBAN RENEWAL AUTHORITY MEETING FOR JANUARY 13, 2015 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER AND ROLL CALL Chairman Jennie Fancher called the meeting to order at 5:58 PM. A roll call was taken and Authority members present were Sarah Smith Hymes, Albert “Buz” Reynolds, Scott Prince, Jake Wolf, Megan Burch, and Matt Gennett. Also present were Executive Director/Secretary Virginia Egger, Town Attorney Eric Heil, Deputy Authority Clerk Richelle Elyse Curran, Treasurer Scott Wright, and Executive Assistant to Town Manager Preston Neill, as well as members of the public. 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT No comments were made. 4. CONSENT AGENDA 4.1. Resolution No. 15-01 Designating Locations for Posting the Notices of Public Meetings. 4.2. Approval of Minutes from November 18, 2014. Board member Jake Wolf moved to approve the Consent Agenda items 4.1 and 4.2; and Board member Albert “Buz” Reynolds seconded the motion and it passed unanimously by those present. 5. ADJOURNMENT There being no further business to come before the Authority, the meeting adjourned at 6:01 PM. RESPECTFULLY SUBMITTED: ______________________________ Richelle Elyse Curran, Deputy Authority Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ______________________________ URA 01-13-2015 Minutes Page 1 TOWN COUNCIL REPORT To: Honorable Jennie Fancher and Town Council From: Robert L. Ticer, Chief of Police Date: June 9, 2015 Agenda Topic: LICENSE AGREEMENT AND AGREEMENT FOR SERVICES BETWEEN THE TOWN OF AVON, COLORADO AND BRAZOS TECHNOLOGY CORPORATION Summary: The Avon Police Department is recommending approval of the attached license agreement and agreement for services between the Town of Avon, Colorado and Brazos Technology Corporation for use of an electronic citation system. Background: In 2013, the Avon Police Department submitted a capital request to purchase an electronic citation system. The request was approved in 2014, but was rolled into 2015. The purpose of the request was to purchase an electronic citation system for the Avon Police Department and to upgrade or replace the Avon Municipal Court management system. The rationale for the electronic citation system was to improve officer safety, decrease errors in input, interface with the report management system, interface with municipal and state court management systems, interface with the court management system, and ultimately to interface directly with the Colorado Department of Revenue. The human capital efficiencies are to reduce the manual input of citations by the police department administrative service officers, and the duplicate manual input by the court clerk into the court management system. The Avon Police Department electronic citation project was estimated at $34,000, the upgrade from the current Sleuth court management system or a potential replacement to an alternate court management system was estimated at $26,000 equating to the $60,000 budget item. However, the Avon Police Department partnered with the Vail Police Department, Eagle Police Department, and Eagle County Sheriff to apply for a Colorado Department of Transportation federally sourced grant to implement a county wide e-citation project, along with interfacing with the variety of municipal and state courts. The Vail Police Department is the fiscal agent for the grant application. The application was completed and approved through the grant process. The Eagle County law enforcement agencies were granted a sum of $151,840 with a cash match of $37,960 totaling $189,000. The Avon Police Department is the beneficiary of 6 out of the 32 e-Citation handsets. Nine are going to Vail PD, 15 to the Eagle County Sheriff, and 2 to the Eagle Police Department. As the Avon Police Department acquired approximately 20% of the handsets, it has been collectively agreed that Avon’s cash match would total $7,500 (Approximately 20% of the $37,960 cash match). The current project status after evaluation of three different vendors was the selection of Brazos Technology. Eagle County IT staff and the Eagle County Attorney’s Office engaged in prolonged contract negotiations regarding an appropriately worded and fair contract for all parties with Brazos. Recently the contract wording was finalized by both parties. The Eagle County Sheriff had submitted a $25,000 capital request to the Eagle County Commissioners. The Commissioners approved the request and recently signed their contract with Brazos Technology Corporation. The Vail Police Department has contributed a capital amount of $34,972 towards the project. The initial kickoff of the project occurred on Friday May 22, 2015 during a conference call between the Eagle County agencies and Brazos. The implementation will take approximately two to three months. After the implementation has taken place, the Town of Avon will evaluate upgrading the current Sleuth court management system against replacing it with the Full Court management system. Full Court is currently being used by the Town of Vail and the Town of Eagle. Additionally, Full Court allows for credit card payments that are automatically credited to a defendant’s fines or ongoing payment plan in the court management system. The current focus is the electronic citation system implementation project and then the focus will move to the court management system. Recommendation: It is recommended that the attached license agreement and agreement for services between the Town of Avon, Colorado and Brazos Technology Corporation for the electronic citation system be approved. Alternatives: If the IGA is not approved, the Avon Police Department will continue to utilize the pen and paper traffic citation for enforcement. Proposed Motion: “I move to approve the license agreement and agreement for services between the Town of Avon, Colorado and Brazos Technology Corporation for the electronic citation system. Town Manager Comments: Attachments: LICENSE AGREEMENT AND AGREEMENT FOR SERVICES BETWEEN THE TOWN OF AVON, COLORADO AND BRAZOS TECHNOLOGY CORPORATION Respectfully Submitted, Robert L. Ticer Chief of Police Avon Police Department Colorado Electronic Citation System Statement of Work May 1, 2015 Submitted by: Brazos Technology 526 University Drive East, Suite 201A College Station, TX 77842 979.690.2811 www.brazostech.com COPYRIGHT NOTICE Copyright  2015 by Brazos Technology Corporation. All rights reserved. This document is protected by the copyright laws of the United States of America. The information contained herein is confidential and includes trade secrets of Brazos Technology Corporation. It shall not be disclosed outside Eagle County. It shall not be duplicated, used, or disclosed, whole or in part without the express written consent of an authorized representative of Brazos Technology Corporation. Use of this information for any purpose other than that for which it has been provided without the prior written consent of an authorized representative of Brazos Technology Corporation is prohibited. 3 TABLE OF CONTENTS COPYRIGHT NOTICE ................................................................................................................ 3 CHANGE HISTORY..................................................................................................................... 5 DEFINITIONS/ACRONYMS ......................................................................................................... 6 ACRONYMS ............................................................................................................................. 6 DEFINITIONS ........................................................................................................................... 6 OVERVIEW ................................................................................................................................. 7 PURPOSE ................................................................................................................................ 7 OBJECTIVES ........................................................................................................................... 7 KEY ASSUMPTIONS................................................................................................................ 8 PROJECT SCOPE ...................................................................................................................... 9 DELIVERABLES AND SCHEDULE .......................................................................................... 12 EXISTING CITATION PROCESS ........................................................................................... 12 PROPOSED SYSTEM ............................................................................................................ 12 ACCEPTANCE TESTING PLAN (ATP) .................................................................................. 12 SYSTEM INSTALLATION ....................................................................................................... 12 TRAINING .............................................................................................................................. 12 ACCEPTANCE ....................................................................................................................... 13 FULL ROLLOUT ..................................................................................................................... 13 SCHEDULE ............................................................................................................................ 14 CHANGE MANAGEMENT......................................................................................................... 16 PROJECT MANAGEMENT ....................................................................................................... 17 BRAZOS TEAM ...................................................................................................................... 17 EAGLE COUNTY SHERIFF’S OFFICE TEAM ........................................................................ 18 PROGRESS MEETINGS ........................................................................................................ 19 SIGNATURES ........................................................................................................................... 20 APPENDIX I – CHANGE ORDER FORM .................................................................................. 21 4 CHANGE HISTORY Change History Version Action Author Date V 1.0 Created Samuel Williams (Brazos) 5/1/2015 5 DEFINITIONS/ACRONYMS Acronyms The following acronyms are used throughout the SOW. • WP – Work Plan • RMS – Records Management System • CMS – Court Management System • CAD – Computer Aided Dispatch • ECS – Electronic Citation System • SLA - Software License Agreement • SMA – Software Maintenance Agreement • PDA – Portable Data Assistant (any handheld or other mobile platform running a standard operating system) • Sync – A process through which citation data is transmitted from the Device to the Brazos Server, and through which new software updates are transmitted from the Brazos Server to the device. Definitions The following definitions are used throughout the SOW. • Acceptance of Deliverable - Written notification from Avon Police Department to Brazos, signed by the responsible Eagle County Program Manager, indicating that the Deliverable has been evaluated and satisfies the Acceptance Criteria of each Deliverable • Deliverables - Any materials procured or prepared by Brazos or services provided by Brazos to Avon Police Department 6 OVERVIEW Purpose This Statement of Work (“SOW ”) is between Brazos Technology Corporation (hereinafter referred to as “BRAZOS”) and AVON POLICE DEPARTMENT covers the engagement of BRAZOS to provide Electronic Citation System (ECS) software and solution implementation services. This Statement of Work provides the understanding of the objectives, approach, schedule, deliverables, and costs for this engagement. This document supersedes any previous version of this SOW and is valid for thirty (30) days from the date on the title page, unless executed by BRAZOS and AVON POLICE DEPARTMENT. . Objectives The purpose of this project is the implementation of a turnkey Electronic Citation System for the Avon Police Department. This project will install a critical countywide application for Avon Police Department. One of the goals of the electronic dictation effort is to have a common platform that could be used by all citation issuing departments within the County (Vail Police Department, Avon Police Department, Basalt Police Department, Town of Gypsum and Minturn (ECSO Contracted Law Enforcement), Eagle Police Department, and potential others). The summary scope of this project includes the following: 1. Once the citation information is captured, it must be sent to the correct systems with no manual data entry, except for specific approvals to be defined later. 2. The ECS must provide intuitive, easy-to-use software that requires minimal training. 3. The ECS must provide the ability to fully customize each of the screens on the MDC to meet the exact process-flow desired by the Avon Police Department. 4. The ECS must provide the ability to add additional customized forms (at additional cost) such as field interview, code enforcement, traffic collision, etc. that also meet the flow process as desired by the Avon Police Department. 5. The ECS must enable officers to enter notes via text (voice recording will also be available. 6. The ECS must support the Court’s current citation numbering system. 7. The ECS must allow the Avon Police Department to fully customize the layout of the citation printout. 8. The ECS must create an electronic data file when a citation is completed and approved and provide the ability to transfer that data file which will then be made available for import into the State Court System (when available). A PDF image of the approved citation record will also be exported to the Court. 9. The ECS must provide a means of “information sharing” between the participating Eagle County agencies. This will be accomplished utilizing the Brazos Information Sharing Portal. Agencies within Eagle County that choose to participate will be able to view (view ONLY) all records from other participating agencies. 10. Brazos is in the process of incorporating IBM Cognos analytics into the reporting capabilities that already exist within the Brazos ECS. Once fully available, Brazos will provide the IBM Cognos dashboard to Avon Police Department as a part of their ECS at no additional charge. 7 11. The ECS will include the Citation Entry Screen (CES) that will allow authorized users with the ability to enter data from manual (paper) citations into the ECS through the secure web portal. Key Assumptions 1. All deliverables and timelines assigned to Avon Police Department will be held to the same standards of delivery as those assigned to BRAZOS. 2. The version of the citation/information received by the violator shall not be considered to be the official charging document, but merely a copy of the citation/information in the form it will be submitted to Prosecutor’s office for approval and the Court for filing except as noted below. 3. Installation of Hardware required in Avon Police Department Vehicles shall be completed by Avon Police Department Personnel and facilities. 4. Avon Police Department will deploy initially on six (6) PDA’s. 5. Deployment of the Brazos ECS for Avon Police Department will utilize the Brazos hosted environment. 6. All Avon Police Department personnel involved in the Pilot Project will participate fully in the training provided by BRAZOS. 7. The officers will be authorized to VOID a citation on the PDA, after save but before sync. Notations as to the reason for VOID are required. 8. The violator’s signature is not required to appear on the violator’s copy of the citation/information provided to the violator by the issuing officer at the time of issuance. 9. The citation number sequence shall follow a unique numbering system. 10. Ticket types will consist of Criminal and Traffic for Municipal eCitation, County/State eCitation, and Warning Tickets. 11. While the standard Parking eCitation will be provided as part of this project, a customized eParking Task is NOT in-scope for the project. 12. Charges identified will be specific to each Ticket type, as further defined during the design phase. 13. Interface to current production version of Intergraph ILEADS Records Management System (RMS) is NOT in-scope for the initial project. 14. Ability for System Administrator to add/modify/delete statues, codes, etc. as further defined during the design phase. 15. Allow for pre-set fines and fees per offense so as to eliminate the need for Officers to enter and/or calculate fees due. Exceptions to be allowed as further identified during the design phase. 16. Ability to exclude fees for charges that require a court appearance or summons. 17. Interface to the Municipal Court System(s) is included in this Phase of the project (To Be Identified during Kick-Off). 18. Interface to the County/State Court System is included in this Phase of the project (pending State Judicial authorization and assistance for the interface) 8 PROJECT SCOPE As previously stated, BRAZOS will work with AVON POLICE DEPARTMENT to deliver the Electronic Citation System (ECS) upon contract award to BRAZOS. The system will be installed on AVON POLICE DEPARTMENT PDA’s and allow officers to capture all information for citations/warnings, print a copy of the citation for the violator, and electronically transfer all information into the respective Court system(s). 1. Project Administration BRAZOS will provide all project management associated with the system and will identify the project manager at the beginning of the project. This single point of contact will not change during the project without written authorization by Avon Police Department. BRAZOS is committed to delivering a successful Electronic Citation System (ECS) project to our customers. Our implementation approach has been highly successful, and we feel that this process provides the best method to minimize risks and ensure a successful project. The key is to involve the customer in all phases of developing and implementing software specifically for them, to meet their specific needs. This process is comprised of the following: • Kick-off Meeting. An on-site meeting or conference call style meeting with the project owners to define roles, responsibilities, and outline the schedule. This meeting will also include review of all initial requirements of the SOW document. • Completion and acceptance of the final SOW document. Brazos will update the Statement of Work and provide it to AVON POLICE DEPARTMENT for review. The SOW will include all significant work tasks, steps, timeframes and deliverables required to complete Phase I, including software installation, interface customization, implementation, testing, and training. • Setup and Configuration. Brazos Technology works with the Police Department to install and configure the ECS client software, import offenses, layout the defendant’s receipt, configure reports, and any other configuration required by the Department. AVON POLICE DEPARTMENT will perform any tasks related to enabling the Sheriff’s Office to install any vehicle mounted hardware prior to BRAZOS arriving onsite for the initial training. • Begin Pilot. The pilot program should involve a handful of key officers designated by AVON POLICE DEPARTMENT, who will adapt to this technology quickly. They will be given full software training in order to understand and become familiar with the technology. The training process includes going out on the street and writing warning-citations with a BRAZOS trainer to ensure comfort with the technology. • Operational Pilot. The operational phase of the pilot begins once the officers are familiar with the technology and we have verified successful data transfer to the Court System(s). At this point the pilot officers will begin writing actual citations. This process serves two purposes: 1) validation of the entire process prior to engaging the entire police force and, 2) providing positive feedback to circulate within the department prior to full rollout. The duration of this phase is different for every department but needs to encompass the complete court cycle (life-cycle) of a citation, which is defined as a person receiving a citation and resolving/disposing that citation at the Court. • Full Rollout. The rollout process is primarily the training of all additional officers specified as participants in Phase I in use of the new system. The preferred process for training is to provide a class room style of instruction, followed by a “hands on” session that may include DL checks, ride-alongs, etc., to ensure every officer has used the system in the field. It is the intent of this project that certain officers identified as train-the-trainers from the Pilot Project will be utilized at this stage to assist with the training of the additional officers. 9 • Post Action. Finally, after the full rollout, we will convene with the project owners to determine what went well and what improvements are required of the system, process, or any other aspect of the project. A full project review will be documented by Brazos and provided to the Eagle County Project Manager. Steps to transition to Phase II of the project may be incorporated at this time. The delivery and training processes are the most significant keys to the success of this project. We will jointly determine the Operational Pilot duration, depending upon officer success and satisfaction and their recommendations for deployment. W hen all parties agree, Full Rollout training and deployment will begin. 2. Training BRAZOS will provide all training associated with the Electronic Citation System (ECS) and will identify the Training Lead at the beginning of the project. In order for this project to be successful, the officers need to know not only the basics of the software, but first-level troubleshooting tips for the hardware and operating system as well. It is our experience that the officers must be proficient in the mobile hardware for this project to have the long term success that AVON POLICE DEPARTMENT and BRAZOS are looking for. The delivery and training processes are the most significant key to the success of this project. The Brazos Training Lead will ensure that all levels of AVON POLICE DEPARTMENT personnel who utilize the Brazos Solution will receive adequate training. Brazos will incorporate measurement tools to assist in monitoring the end-users competence in using the system. Classroom Training. The Train-the-Trainer course shall involve all officers specified to participate in the Operational Pilot (limit = 14 Officers). They will be given full software training in order to understand and become familiar with the technology. The training process includes producing several test citations with a trainer to ensure comfort with the application. Practical Application. The practical application phase begins once the officers are familiar with the technology. At this point the pilot officers will begin writing real citations. Administrator Training. The Brazos ECS provides powerful management tools with great ease of use for agency administrators and management. BRAZOS will provide sufficient training to designated management personnel for them to be able to utilize those tools as well as have a solid understanding of the capabilities of the system. 3. eCitation Client Software The BRAZOS ECS client software will be installed on (6) PDA’s allowing the officers to write, print, and push citations electronically to the Court software system(s). All ECS software is embedded on the PDA and is completely functional with or without a network connection. The software will be configured for AVON POLICE DEPARTMENT and the County will have the ability to define, approve and modify the layout of all screens and print jobs under the scope of this agreement. The software will have the ability to: • Allow officers to quickly and easily capture citation information. • Print the citation in the field for the violator using a Bluetooth connection to a mobile printer. • Capture pictures of the violator and associate the pictures with the citation. • Capture voice, diagrams, and general text notes fields on each citation. • Push citations via a network connection. (Brazos will work with AVON POLICE DEPARTMENT to identify the best methods for connectivity (docking cradles, cellular (If established by AVON POLICE DEPARTMENT), 802.11, Bluetooth, etc.) 10 4. ECS Server Software AVON POLICE DEPARTMENT will utilize the hosted Brazos ECS server for all reporting, interface and administrative functions. There are no limitations to the number of users of the hosted system and any future hardware/software requirements or upgrades are the responsibility of BRAZOS. The ECS server provides the following benefits: • Access to add/change/delete any dropdown on the PDA (i.e. offenses, streets, officers, etc.). • Access to all reports (i.e. STEP reports, Citation Detail, and over 35 other standard reports). • Configuration and management of all users of the ECS for both the server and the clients. • View and query images of citations captured via the mobile devices via internet browser. • Creation/modification of interfaces to new/existing systems. • Citation Entry Screen (CES) for entry of either paper tickets or modification to previously captured information by an authorized court assigned user (Program should also have some type of tracking capabilities for changes made in the CES). The Citation Entry Screen (CES) will also be configured for AVON POLICE DEPARTMENT and available through the hosted ECS server. CES is configured with the same business rules as the ECS client software, providing AVON POLICE DEPARTMENT with a complete solution for all citations 5. Interface with Court System The ability to export citation information from the Brazos ECS to the various Court Management software system(s) is included in this phase of the project. Brazos will assist the AVON POLICE DEPARTMENT with developing a solution that will provide the citations to the Court in the most efficient manner. It is expected that the exact Court System(s) to be interfaced will be determined at the Kick-Off Meeting, but will likely include the Court Systems for the Town of Avon, and the Eagle County Combined Courts. Brazos has the ability to export any/all of the data contained within a record in the format required by the recipient system. It is expected that the identification of the data fields and the parameters (business rules) of those fields will dictated by the recipient system to which BRAZOS will interface. 6. Synconization (Device to ECS Server) The Brazos Solution allows officers to create, save, and print citations or other record types with or without network connectivity. When an officer creates a citation, it is saved to non- volatile memory on the device. The citation record can then be uploaded to the ECS server via one of the following methods: • Real-time via cellular connection (aircard required) • 802.x wireless connection to hotspots • Via placement in sync cradle The frequency and method of upload is defined and controlled by the AVON POLICE DEPARTMENTvia the Brazos web-based configuration tool, BuildIT. Once uploaded, the data are processed through the system according to the agency-specific workflow, which is also defined and controlled by the County via BuildIT. All new updates and changes are also passed from the ECS Server to the device through this same process. 11 DELIVERABLES AND SCHEDULE Existing Citation Process The existing process flow will be identified and documented in partnership with AVON POLICE DEPARTMENT and BRAZOS as a separate Appendix during the Design phase of the project. Proposed System The proposed process flow will be identified and documented in partnership with AVON POLICE DEPARTMENT and BRAZOS as a separate Appendix during the Design phase of the project Acceptance Testing Plan (ATP) The ATP will provide AVON POLICE DEPARTMENT with the testing plan for verification of the installed system, including interfaces, which will allow AVON POLICE DEPARTMENT to certify the ECS performs in according with the requirements. The testing plan will include strategies and test cases to assist with the verification. AVON POLICE DEPARTMENT will have the ability to certify the ATP prior to both the certification from BRAZOS as well as the beginning of the acceptance test. System Installation One of the significant strengths of Brazos Technology is our implementation process. We are dedicated to the success of this project and our track record of successful projects ensures the success of this project at AVON POLICE DEPARTMENT. BRAZOS ECS SERVER: BRAZOS will host the ECS server, database server and verify operation of the system. BRAZOS CLIENT SOFTWARE: The BRAZOS Client Software will be installed on the devices purchased through BRAZOS. The initial installation will be completed by BRAZOS. If AVON POLICE DEPARTMENT elects to purchase new hardware through another vendor, the hardware will be sent to BRAZOS for off-site installation and verification at an additional cost. BRAZOS INTERFACES: During the installation process, connectivity for the interfaces will also be verified. AVON POLICE DEPARTMENT will provide BRAZOS installation personnel with the proper access to complete these tasks. Any installation requirements with regards to security or setup must be provided to BRAZOS one-week prior to the scheduled interface testing. HARDWARE IN VEHICLES: BRAZOS will not install any hardware in the vehicles. BRAZOS will support AVON POLICE DEPARTMENT with the setup, configuration and testing of the installations performed by AVON POLICE DEPARTMENT or another vendor for AVON POLICE DEPARTMENT. Training Operational Pilot – BRAZOS will provide full Train-the-Trainer training to the officers specified by AVON POLICE DEPARTMENT to participate in the pilot (limit = 14 Officers). The training will consist of two formal days of training. Day 1 should occur in a classroom setting where the officers will be thoroughly exposed to training that covers the hardware, operating systems, application, troubleshooting, and proper care/maintenance. Day 2 is focused on field training and includes BRAZOS personnel at the side of AVON POLICE DEPARTMENT officers, as the officers complete citations in “real world” environments. This training may incorporate such tactics as DL checks, 12 standard traffic stops, etc. to ensure that all the officers involved are exposed to several different types of scenarios and receive the maximum effective training. Upon completion of the field training portion, BRAZOS will train the officers on how to review their citations via the web based tool and any workflow processes specified by AVON POLICE DEPARTMENT. BRAZOS will also train any specified supervisors in procedures for reviewing citations and voids, as well as statistical reports. Brazos will provide additional training to the Pilot Officers as needed to be determined by the Brazos and Eagle County Project Managers. Full Rollout – AVON POLICE DEPARTMENT will provide full training to the officers specified to participate in Phase I rollout. The format of this training shall be the same as that of the Operational Pilot training. Select officers from the Operational Pilot group who have been identified as “ECS Trainers” will be utilized to assist in this training. System Administrator – Instructor led, hands-on training will be provided for up to three (3) AVON POLICE DEPARTMENT Staff members who will ultimate be actively involved in administering the ECS. Acceptance The purpose and the net result of the acceptance test is to determine that the ECS proposed and installed meets the technical and functional requirements outlined in these specifications. The ECS will be considered “acceptance test ready” once it has completed a full system test, including interfaces and data conversion, with no know outstanding material defects. BRAZOS will provide AVON POLICE DEPARTMENT with a proposed “Acceptance Test Plan” (ATP). The County of Eagle will provide written approval that the proposed ATP is complete and acceptable. During the Pilot Project, BRAZOS will work closely with AVON POLICE DEPARTMENT personnel to ensure that each requirement specified in this Statement of Work is fully satisfied. Acceptance of the ECS shall be by conformity to the written Acceptance Testing Plan. Any functionality processes, or other aspects not specified in the approved Acceptance Testing Plan are considered out-of-scope and would require a written and approved Change Order. In accordance with the SOW, “Final Acceptance” shall mean written notice from the AVON POLICE DEPARTMENT that it has accepted the ECS following the 30 day Final Acceptance Period, during which time the ECS has conformed in all material respects to the applicable specifications, including any approved change orders for the ECS, with all defects discovered during the acceptance period fixed by Brazos and tested and accepted by the AVON POLICE DEPARTMENT. Full Rollout Upon completion of the Pilot Project and written approval of the FINAL ACCEPTANCE, AVON POLICE DEPARTMENT will initiate the full rollout of the ECS. BRAZOS will assist AVON POLICE DEPARTMENT by providing training materials, support and consultation to the AVON POLICE DEPARTMENTtraining officers. This shall complete Phase I of the overall project. 13 Schedule [draft only – to be modified post Kick-Off Meeting] B – Brazos, EC – Eagle County Project Team, J – Joint (both are responsible) Phase Task Activity Description Task Duration Total Duration (Weeks) Owner Deliverables 1 First Phase 1 Contract Award TBD J 2 Contract Signature TBD EC 3 Kick-Off Project 2w 2w J Official Work Plan 1 On-Site Meeting/Conference Call J 2 Gather requirements from all project owners J 3 Build official Work Plan J 4 Verify Work Plan with hardware vendors J Work Plan to be signed off by County 4 Sign-off of Work Plan by County 3 Days 2.5w EC 5 Order hardware TBD B 6 Setup Configuration of ECS (off-site) 3 weeks 5.5w 1 Setup and Configure mobile software B 2 Receive all incoming interface samples to load into mobile device from County EC 3 Setup and Configure all interfaces B Interface Documentation 4 Layout the citation printouts B Sample Layouts for Approval 6 Install mobile software onto County hardware (off-site) B 7 Test solution using County hardware B 8 Create sample interface files for County system(s) J 9 Test sample interface files J 10 Approve sample interface files EC 7 Create ATP Plan 1w 1 Build ATP Plan B 2 Approve ATP Plan EC 8 On-Site testing TBD 6.5w 1 Test PDAs and connectivity to server B 2 Test all interfaces for server B 3 Test web-citation entry screen B 4 Test web based reporting B 5 Certify ECS based upon ATP B 14 9 Training of ‘Pilot Users’ 3d 7w 1 Train officers on Classroom Train-the-Trainer and Field Training J 2 System Administrator Training J 3 Court Training 10 Acceptance Testing by County 32d TBD 1 Evaluate Hardware 2 Compile and Evaluate hardware observations 3 Finalize hardware selection 4 Initial Acceptance Test for “go live” 5 Initiation of Final Acceptance Period 30d 11 Final Acceptance 1d B Eagle county sheriff’s office signs off on project 12 Full Rollout of First Phase TBD Task are TBD 13 End of Phase I Debrief of all project principals 15 CHANGE MANAGEMENT Effective communications are essential to the success of this project. Once the SOW has been approved, any changes to the SOW must follow the change process below. The change will only be considered part of the SOW and in-scope when the change document (Appendix III) is executed by both BRAZOS and AVON POLICE DEPARTMENT. Problem Identification Any problems identified will be reported to Eagle County Project Manager. Change Initiation All changes must be requested using the approved Change Request document (copy attached). Change Validation Change requests must be authorized by the Eagle County Project Manager and validated by the Brazos Technology Project Manager. Impact Estimation A thorough review of the potential impact of any change must be conducted by Brazos Technology Staff and presented to the Eagle County Project Manager before any change is initiated. Implementation The implementation of any changes shall follow the order and method described on the appropriate Change Request document. Approvals and Acceptance All Changes shall be authorized by the Eagle County Project Manager prior to initiation. The Eagle County Project Manager must also sign-off on the acceptance after testing of the prescribed change and prior to actual implementation. 16 PROJECT MANAGEMENT Brazos Team Project Manager – Janet Huff As Project Manager, Janet Huff will be responsible for establishing and administering controls to ensure the quality of deliverables are acceptable to AVON POLICE DEPARTMENT, monitoring project activities to ensure project schedules are met, and providing monthly Full Status Meetings. Project Manager will be able to authorize changes and will be expected to refer any problems or issued that cannot be resolved by on-site implementation staff to company management. Technical Lead – Ray Evans The Technical Lead, will be responsible for design and architecture of the Brazos software Training Lead – Matt Mentemeier The Training Lead, will be responsible for ensuring that all AVON POLICE DEPARTMENT Personnel specified in this SOW are appropriately trained according to the requirements of their participation in the project. 17 Eagle County Project Team Project Manager – Jacob Best The Project Manager for the Eagle County Project Team will be responsible for establishing and administering controls to ensure the quality of deliverables are acceptable to AVON POLICE DEPARTMENT. The Project Manager will also make decisions about any changes to the implementation plan or technical aspects of the system. Resource – Innovation Technical Manager (Eagle County) – Kevin Kromer Resource - Innovation Technical Manager (Eagle County) – Amanda Bay Resource - Innovation Technical Manager (Vail PD) – Ron Braden Resource – Innovation Technical Manager (Vail PD) – Troy Brown Resource – Innovation Technical Manager (Avon PD) – Robert McKenner Resource – Department Lead (Eagle County) – Jacob Best Resource – Department Lead (Eagle County) – Kevin Kromer Resource – Department Lead (Vail PD) – Irina Litviakou Resource – Department Lead (Vail PD) – Shannon Heinz Resource – Department Lead (Avon PD) – Ken Danmen Resource – Department Lead (Avon PD) – Lacy Chon 18 Progress Meetings Communication is crucial to the success of the project. Regular communication between BRAZOS and AVON POLICE DEPARTMENT staff are required. Full Status Meetings Monthly Reports to AVON POLICE DEPARTMENT Staff • Presented by BRAZOS project manager • The full status meeting schedule will begin upon acceptance of the SOW • Status of major activities • Target dates for completion of remaining tasks • Potential delays in reaching target dates and the basis for those delays • Proposed revisions to the overall work schedule – if any Progress Meetings Bi-weekly In Writing – prepared by Brazos’ Project Manager • Recap of previous period’s work • Preview of next period’s tasks • Status of major activities • Target dates for completion of remaining tasks • Potential delays in reaching target dates and the basis for those delays • Proposed revisions to the overall work schedule – if any Communication Plan • The purpose of the Communication Plan is to define and document on-going communication commitments between BRAZOS and EAGLE COUNTY PROJECT TEAM. The Project Manager will provide a contact list to BRAZOS for each agency representative for direct communications with that respective agency. These individuals will be responsible for department policy, budget and overall strategic direction of the project. • Janet Huff as BRAZOS Manager, will create, maintain and distribute a contact list for all Project Team members. This list will be distributed to all Team members as required or requested via email and will include phone extension, cell number, email addresses, etc. of all BRAZOS Project Team members, AVON POLICE DEPARTMENT Project Team members as applicable. 19 SIGNATURES IN WITNESS WHEREOF, the parties have hereunder executed this Agreement effective as of the date last signed. AVON POLICE DEPARTMENT BRAZOS TECHNOLOGY Signed: _____________________ Signed: _________________________ Print Name: __________________ Print Name: Samuel D. Williams______ Title: ________________________ Title: Vice President___________ Date: ________________________ Date: ___________________________ 20 Appendix I – Change Order Form This form will be used to communicate any requested changes to this document and will be executed by both AVON POLICE DEPARTMENT and BRAZOS. Once executed, the change will be considered part of the SOW. Change Request ID: Date: Change Description: Change Goals:  Upgrade  Bug Fix  Maintenance  Problem Fix  Performance Improvement  Other Systems Involved: Business Units Impacted: Office Locations Impacted: Priority:  High  Medium  Low Risk:  High  Medium  Low Outage Window: Start Time: ___________ End Time: ____________ Target Install Date: Estimated Costs: Steps: Select all required planning steps and track by status:  Change Specifications  Pending  In Progress  Completed  Technical Design  Pending  In Progress  Completed  Change Testing  Pending  In Progress  Completed  End-User Communication  Pending  In Progress  Completed  Approvals  Pending  In Progress  Completed 21 PURCHASE and LICENSE AGREEMENT THIS AGREEMENT is entered into and effective as of the date this Agreement is signed by both parties below, (hereinafter referred to as the "Effective Date") by and between Brazos Technology Corporation, a Texas corporation, with its principal offices located at 526 University Drive East, Suite 201-A, College Station, Texas 77840 (hereinafter referred to as "Brazos Technology"), and Town of Avon, a Colorado Municipality, with its principal offices located at 1 Lake Street, Avon, CO 81620 (hereinafter referred to as "Licensee"). This Agreement is made with respect to the following facts and objectives: RECITALS: A. Brazos Technology has developed a proprietary software product, which is designed to extend data and processes across multiple platforms and technologies (hereinafter referred to as the "Software"). B. Licensee desires to obtain a non-exclusive license to use the Software and Brazos Technology desires to grant Licensee such a license. INCORPORATION OF DOCUMENTS: The following documents are attached hereto and, by this reference, incorporated in this Agreement: Exhibit A Maintenance Agreement Exhibit B Covered Sites, Software & Configuration Exhibit C Hardware AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals, the mutual promises and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. License. Brazos Technology hereby grants to Licensee a non-exclusive, non- transferable license to use the Software and the documentation, if any, provided in connection therewith (hereinafter referred to as the "Documentation"), subject to the terms V1.0 Brazos Technology Purchase and License Agreement Page 2 of 16 CONFIDENTIAL INFORMATION of this agreement. Licensee may make one copy of the Software and Documentation for back-up and/or archival purposes. 2. Licensee Fee. Licensee agrees to pay Brazos Technology the license fee identified in Exhibit B of this Agreement. Such fee shall be due immediately upon execution of this Agreement by the parties. Fees for Configuration/Installation will be due on the following schedule: ½ upon contract execution and ½ upon delivery. Fees for training will be due upon delivery. Exhibit C identifies the recommended hardware required for delivery of the solution and will be due on the following schedule: ½ upon contract execution and ½ upon delivery. 3. Limitations of Use. Licensee acknowledges and agrees that Licensee will not timeshare, modify, sublicense, transfer, assign, copy, reverse engineer or decompile the Software, Documentation or any portion thereof except as expressly set forth herein. Licensee further acknowledges and agrees that Licensee will limit its use of the Software and Documentation to the number of users and/or the site location identified in Exhibit B to this Agreement. 4. Non-disclosure. Licensee acknowledges and agrees that the Software and Documentation contain trade secrets and/or confidential information (hereinafter collectively referred to as "Confidential Information") and that Licensee will take reasonable efforts to prevent the disclosure of such Confidential Information to any third party. 5. Ownership. Licensee acknowledges and agrees that Brazos Technology is the sole owner of all right, title and interest in and to the Software and Documentation and that nothing contained herein shall grant Licensee any ownership interest in the Software or Documentation. 6. Upgrades. In the event that Brazos Technology, in its sole discretion, should provide Licensee with any upgrades, corrections or modifications to the Software or Documentation, such upgrades, corrections or modifications shall be considered, as applicable, "Software" or "Documentation" for the purposes of this Agreement. Notwithstanding the foregoing, nothing contained in this Agreement shall be construed as obligating Brazos Technology to provide Licensee with any upgrades, corrections, modifications, maintenance services or support services hereunder. 7. Warranty. 7a. Brazos Technology warrants and represents that it is the owner of all right, title and interest in and to the Software and Documentation and that use of the Software and Documentation as contemplated herein shall not infringe upon any third party patent or copyright. This warranty and representation does not apply to any infringement arising out of any unauthorized modification of the Software or Documentation or any V1.0 Brazos Technology Purchase and License Agreement Page 3 of 16 CONFIDENTIAL INFORMATION infringement arising out of the use of the Software or Documentation in combination with any third party product. 7b. Brazos Technology warrants, for Customer’s benefit alone, that the Software conforms in all material respects to the specifications for the current version of the Software provided by Brazos Technology, beginning upon the earlier of (i) the date of Customer’s cutover to live operation of the Software (Go-live); or (ii) twelve (12) months after the Effective Date, and ending twelve (12) months thereafter (the “Warranty Period”). This warranty is expressly conditioned on Customer’s observance of the operation, security, and data-control procedures set forth in the Documentation included with the Software. 7c. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 7, THE SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS" AND BRAZOS TECHNOLOGY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WRITTEN OR VERBAL, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRAZOS TECHNOLOGY DOES NOT WARRANT OR REPRESENT THAT ANY USE OF THE SOFTWARE OR DOCUMENTATION WILL BE UNINTERRUPTED OR ERROR FREE. LICENSEE EXPRESSLY ASSUMES ALL RISKS AND LIABILITIES RESULTING FROM THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, INCLUDING WITHOUT LIMITATION ANY ECONOMIC LOSS, PROPERTY DAMAGE, PHYSICAL INJURY, LOST PROFITS, LOST SAVINGS, LOSS OF RECORDS OR LOSS OF DATA. 8. Indemnification. Brazos Technology agrees to indemnify and defend Licensee from and against any third party claim arising out of a breach of the Warranty provisions set forth in this Agreement, provided that Brazos Technology is provided with prompt notice of any such third party claim and Brazos Technology is allowed full control over the defense of such claim. Licensee acknowledges and agrees that Brazos Technology may fulfill its obligations hereunder by (i) obtaining from the third party claimant a license pursuant to which Licensee may continue its use of the Software and Documentation or (ii) providing Licensee with substitute software and/or documentation that does not infringe upon the rights of the third party claimant. Licensee further acknowledges and agrees that in the event that Brazos Technology, in its sole discretion, determines that neither of the options set forth above are reasonable, Brazos Technology may fulfill its obligations hereunder by terminating this Agreement and refunding to Licensee the license fees paid by Licensee to Brazos Technology hereunder, prorated over a period of five (5) years. 9. Limitation of Liability. V1.0 Brazos Technology Purchase and License Agreement Page 4 of 16 CONFIDENTIAL INFORMATION 9a. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT BRAZOS TECHNOLOGY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES OR ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY ECONOMIC LOSS, PROPERTY DAMAGE, PHYSICAL INJURY, LOST PROFITS, LOST SAVINGS, LOSS OF RECORDS OR LOSS OF DATA, ARISING OUT OF THE USE OF THE SOFTWARE OR DOCUMENTATION, REGARDLESS OF WHETHER ARISING UNDER BREACH OF CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY OR CLAIM, EVEN IF BRAZOS TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE COULD HAVE BEEN REASONABLY FORESEEN. 9b. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES SHALL THE ENTIRE LIABILITY OF BRAZOS TECHNOLOGY FOR ANY LOSS OR CLAIM ARISING OUT OF THIS AGREEMENT, ANY USE OF THE SOFTWARE OR DOCUMENTATION, OR ANY INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EXCEED THE SUM OF THE LICENSE FEE PAID BY LICENSEE TO BRAZOS TECHNOLOGY HEREUNDER. 10. Allocation or Risks. LICENSEE ACKNOWLEDGES AND AGREES THAT THE LICENSEE FEE PAID BY LICENSEE TO BRAZOS TECHNOLOGY FAIRLY AND ACCURATELY REFLECTS THE ALLOCATION OF RISKS BETWEEN LICENSEE AND BRAZOS TECHNOLOGY, INCLUDING WITHOUT LIMITATION, THE TERMS AND CONDITIONS SET FORTH IN THE WARRANTY AND LIMITATION OF LIABILITY SECTIONS OF THE AGREEMENT. LICENSEE FURTHER ACKNOWLEDGES AND AGREES THAT ANY MODIFICATIONS TO THE ALLOCATIONS OF RISK WOULD REQUIRE BRAZOS TECHNOLOGY TO CHARGE A HIGHER LICENSEE FEE FOR THE SOFTWARE AND DOCUMENTATION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LICENSEE ACKNOWLEDGES AND AGREES THAT EACH OF THE TERMS AND CONDITIONS SET FORTH IN THE WARRANTY AND LIMITATION OF LIABILITY SECTIONS OF THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT, EVEN IF ANY REMEDY CONTAINED HEREIN IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 11. Term and Termination. 11a. This Agreement shall commence as of the Effective Date and shall continue unless and until terminated as set forth herein. 11b. Either party may terminate this Agreement in the event that the other party commits a material breach of this Agreement and fails to cure such V1.0 Brazos Technology Purchase and License Agreement Page 5 of 16 CONFIDENTIAL INFORMATION material breach within twenty (20) days after receiving written notice of the same. 11c. Brazos Technology may terminate this Agreement, immediately upon written notice to Licensee, in the event that Licensee fails to use the Software and Documentation for the purpose contemplated herein. 11d. Immediately upon any termination of this Agreement, Licensee shall return to Brazos Technology any and all copies of any Software or Documentation in its possession. 11e. The terms and conditions of this Agreement relating to Non-disclosure, Warranty, Limitation of Liability and Allocation of Risks shall survive any termination or expiration of this Agreement. 12. Assignment. Licensee acknowledges and agrees that it may not assign any right or obligation arising under this Agreement to any third party without the express written consent of Brazos Technology which may be withheld for any or no reason. 13. Governing Law. This Agreement, including its interpretation, performance and enforcement shall be governed by and construed in accordance with the laws of the State of Texas applicable to contracts entered into and performed in Brazos County, and exclusive jurisdiction over any dispute arising out of or relating to this Agreement shall be held by the appropriate state and/or federal courts located in Brazos County, Texas. 14. Binding Effect. This Agreement shall inure to the benefit of and binding upon the parties hereto and to their respective successors and legal representatives. 15. Nonwaiver. No provisions of this Agreement will be waived by any party except in writing. The parties hereto agree that the waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision by the same party, or any other provision or condition of this Agreement. 16. No Joint Venture. Nothing herein contained shall be construed to place the parties in the relationship of partners, joint venturers, or principal and agent and neither party shall have any power to obligate or bind the other party in any manner whatsoever. 17. Severability. If any provision or application of this Agreement shall be held invalid or unenforceable the remaining provisions and applications of this Agreement shall not be affected, but rather shall remain valid and enforceable. 18. Entire Agreement. This Agreement constitutes the entire agreement and supersedes any and all other understandings and agreements between the parties with respect to the subject matter hereof and no representation, statement or promise not V1.0 Brazos Technology Purchase and License Agreement Page 6 of 16 CONFIDENTIAL INFORMATION contained herein shall be binding on either party. This Agreement may be modified only by a written amendment duly signed by persons authorized to sign agreements on behalf of the parties and shall not be supplemented or modified by any course of dealing or trade usage. V1.0 Brazos Technology Purchase and License Agreement Page 7 of 16 CONFIDENTIAL INFORMATION IN WITNESS WHEREOF, the parties have hereunder executed this Agreement effective as of the date last signed. TOWN OF AVON, COLORADO BRAZOS TECHNOLOGY Signed: ________________________ Signed: _________________________ Print Name: ____________________ Print Name: Michael S. McAleer________ Title: __________________________ Title: President_____________________ Date: __________________________ Date: ___________________________ V1.0 Brazos Technology Purchase and License Agreement Page 8 of 16 CONFIDENTIAL INFORMATION EXHIBIT A -- Maintenance and Support Agreement I. COVERAGE During the term of this Agreement, BRAZOS TECHNOLOGY agrees to provide maintenance and support services for the Covered Software operating at the site(s) and on the purchased hardware configurations ("Maintenance Services"). Unless specifically listed, Covered Software does not include hardware, vendor operating systems and other system software, Licensee-developed software, and third-party software (except any third party software embedded in the Covered Software). II. DESCRIPTION OF MAINTENANCE SERVICES A. Support Services. During the term of this Agreement, BRAZOS TECHNOLOGY will provide the services described herein so as to maintain the Covered Software in good working order, keeping it free from material defects so that the Covered Software shall function properly and in accordance with the accepted level of performance as set forth in the License Agreement. (1) Service Response. BRAZOS TECHNOLOGY will make available to Licensee a telephone number (the "Support Center HOTLINE") for Licensee to call requesting service of the Covered Software. The Support Center HOTLINE operates 24 x 7 x 365. The HOTLINE can also be used to notify BRAZOS TECHNOLOGY of problems associated with the Covered Software and related documentation. B. Remedial Support. Upon receipt by BRAZOS TECHNOLOGY of notice from Licensee through the Support Center HOTLINE of an error, defect, malfunction or nonconformity in the Covered Software, BRAZOS TECHNOLOGY shall respond as provided below: Severity 1: Produces an emergency situation in which the Covered Software is inoperable, produces incorrect results, or fails catastrophically. RESPONSE: BRAZOS TECHNOLOGY will provide a response by a qualified member of its staff to begin to diagnose and to correct a Severity 1 problem as soon as reasonably possible, but in any event a response via telephone will be provided within one (1) hour. BRAZOS TECHNOLOGY will continue to provide best efforts to resolve Severity 1 problems in less than forty-eight (48) hours. The resolution will be delivered to Licensee as a work-around or as an emergency software fix. If BRAZOS TECHNOLOGY delivers an acceptable work-around, the severity classification will drop to a Severity 2. Severity 2: Produces a detrimental situation in which performance (throughput Brazos Technology Purchase and License Agreement Page 9 of 16 CONFIDENTIAL INFORMATION V1.0 or response) of the Covered Software degrades substantially under reasonable loads, such that there is a severe impact on use; the Covered Software is usable, but materially incomplete; one or more mainline functions or commands is inoperable; or the use is otherwise significantly impacted. RESPONSE: BRAZOS TECHNOLOGY will provide a response by a qualified member of its staff to begin to diagnose and to correct a Severity 2 problem as soon as reasonable possible, but in any event a response via telephone will be provided within four (4) hours. BRAZOS TECHNOLOGY will exercise best efforts to resolve Severity 2 problems within five (5) days. The resolution will be delivered to Licensee in the same format as Severity 1 problems. If BRAZOS TECHNOLOGY delivers an acceptable work-around for a Severity 2 problem, the severity classification will drop to a Severity 3. Severity 3: Produces an inconvenient situation in which the Covered Software is usable, but does not provide a function in the most convenient or expeditious manner, and the user suffers little or no significant impact. RESPONSE: BRAZOS TECHNOLOGY will exercise best efforts to resolve Severity 3 problems in the next maintenance release. Severity 4: Produces a noticeable situation in which the use is affected in some way which is reasonably correctable by a documentation change or by a future, regular release from BRAZOS TECHNOLOGY. RESPONSE: BRAZOS TECHNOLOGY will provide, as agreed by the parties, a fix or fixes for Severity 4 problems in future maintenance releases. C. Maintenance Services. During the term of this Agreement, BRAZOS TECHNOLOGY will maintain the Covered Software by providing software updates and enhancements to Licensee as the same are offered by BRAZOS TECHNOLOGY to its licensees of the Covered Software under maintenance generally ("Updates"). All software updates and enhancements provided to Licensee by BRAZOS TECHNOLOGY pursuant to the terms of this Agreement shall be subject to the terms and conditions of the License Agreement between the parties. Updates will be provided on an as-available basis and include the items listed below: (1) Bug fixes; (2) Enhancements to market data service software provided by BRAZOS TECHNOLOGY to keep current with changes in market data services or as BRAZOS TECHNOLOGY makes enhancements; (3) Enhancements to keep current with the current hardware vendor's Brazos Technology Purchase and License Agreement Page 10 of 16 CONFIDENTIAL INFORMATION V1.0 OS releases, as available from BRAZOS TECHNOLOGY, provided that the current hardware vendor's OS release is both binary and source-compatible with the OS release currently supported by BRAZOS TECHNOLOGY; and (4) Performance enhancements to Covered Software. (5) Updates do not include: (a) Platform extensions including product extensions to (i) different hardware platforms; (ii) different windowing system platforms; (iii) different operating system platforms; and (b) New operating system updates or hardware bios updates. Updates will be provided in machine-readable format and updates to related documentation will be provided in hard copy form. All such deliveries shall be made electronically to the installed computers automatically during a sync process. Licensee agrees to sync each device no less than once per month to obtain any software or configuration changes. Duplication, distribution and installation of documentation updates are the responsibility of Licensee. If requested, BRAZOS TECHNOLOGY will provide on-site assistance in the installation of Updates on a time and materials basis, plus expenses. BRAZOS TECHNOLOGY will provide support services for previous releases for a minimum period of six (6) months following the general availability of a new release or software update. After this time, BRAZOS TECHNOLOGY shall have no further responsibility for supporting and maintaining the prior releases. BRAZOS TECHNOLOGY assumes no responsibility for the correctness of, performance of, or any resulting incompatibilities with, current or future releases of the Covered Software if the Licensee has made changes to the system hardware/software configuration or modifications to any supplied source code which changes effect the performance of the Covered Software and were made without prior notification and written approval by BRAZOS TECHNOLOGY. BRAZOS TECHNOLOGY assumes no responsibility for the operation or performance of any Licensee-written or third-party application. D. Services Not Included. Maintenance Services do not include any of the following: (1) custom programming services; (2) on-site support, including installation of hardware or software; (3) support of any software not Covered Software; (4) training; or (5) out-of-pocket and reasonable expenses, including hardware and related supplies. Brazos Technology Purchase and License Agreement Page 11 of 16 CONFIDENTIAL INFORMATION V1.0 III. TIME AND MATERIALS SERVICES A. For Non-BRAZOS TECHNOLOGY Problems. In the event that Licensee notifies BRAZOS TECHNOLOGY of a problem experienced by Licensee in connection with the operation of the Covered Software, BRAZOS TECHNOLOGY shall respond as provided in Section III.B., above. If the cause of such problem is not an error, defect or nonconformity in the Covered Software, Licensee shall compensate BRAZOS TECHNOLOGY for all work performed by BRAZOS TECHNOLOGY in connection therewith, on a time and materials basis at Brazos Technology's then current standard rates, unless otherwise agreed by the parties in writing at the time, plus expenses. Expenses for travel and travel-related expenses and individual expenses in excess of US$500 require the prior approval of Licensee. B. For Non-BRAZOS TECHNOLOGY Software. Upon request and reasonable notice from Licensee, BRAZOS TECHNOLOGY will provide assistance in the installation of non-BRAZOS TECHNOLOGY software on a time and materials basis, plus expenses. Non-BRAZOS TECHNOLOGY software consists of any software not specifically listed in Exhibit B, Section II, including the following: 1. New releases and updates to hardware vendor operating systems and other system software not listed in Exhibit B; 2. Licensee-developed software; and 3. Third-party software (except third party software embedded in the Covered Software). IV. ACCESS Software Maintenance is conditioned upon provision by Licensee to BRAZOS TECHNOLOGY of reasonable appropriate access to the system(s) running the Covered Software, including, but not limited to, passwords, system data, file transfer capabilities, and remote log-in-capabilities. BRAZOS TECHNOLOGY will maintain security of the system and use such access only for the purposes of this Agreement and will comply with Licensee standard security procedures. Information accessed by BRAZOS TECHNOLOGY agents or employees as a result of accessing Licensee system shall be deemed confidential information pursuant to the terms of the Software License Agreement executed concurrently between the parties hereto. Licensee shall also use commercially reasonable efforts to provide an active voice telephone line at each site which is available continuously when required for support access. Brazos Technology Purchase and License Agreement Page 12 of 16 CONFIDENTIAL INFORMATION V1.0 V. PROBLEM REPORTING AND TRACKING PROCEDURES Licensee may use the services described herein only by making reference to the authorized support Agreement number. All such reports and requests will be made through the authorized individuals (up to two [2] per site), who may be changed by Licensee from time to time by written notice to BRAZOS TECHNOLOGY. A twenty- four (24) hour Support Center HOTLINE is provided for problem reporting outside of normal business hours. VI. FEES A. Maintenance Fees. Fees for Maintenance Services provided under this Agreement are based upon Covered Software in Exhibit B and due to Brazos. Any time a site or software package is added or deleted from Exhibit B, BRAZOS TECHNOLOGY will automatically adjust and/or amend Exhibit B accordingly. BRAZOS TECHNOLOGY will also perform a bi-annual audit of all sections in Exhibit B. If changes have occurred, BRAZOS TECHNOLOGY will adjust and/or amend Exhibit B, and maintenance fees will be adjusted accordingly. Rates will be reviewed and adjusted accordingly when another site is added and/or the workstation/server base increases (i.e., added equipment and/or installed software) and/or software to be supported exceeds the Covered Software. B. Payment. Maintenance fees and fees for on-site support, if applicable, will be invoiced annually, thirty (30) days in advance of the year by Brazos. VII. EXCLUSION OF LIABILITY BRAZOS TECHNOLOGY MAKES AND LICENSEE RECEIVES NO WARRANTY EXPRESS OR IMPLIED AND THERE IS EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSEE ACKNOWLEDGES AND AGREES THAT THE MAINTENANCE FEES AND OTHER CHARGES WHICH BRAZOS TECHNOLOGY IS CHARGING UNDER THIS AGREEMENT DO NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY BRAZOS TECHNOLOGY OF THE RISK OF LICENSEE CONSEQUENTIAL OR INCIDENTAL DAMAGES OR OF UNLIMITED DIRECT DAMAGES. ACCORDINGLY, BRAZOS TECHNOLOGY SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT, IN NO EVENT SHALL BRAZOS TECHNOLOGY BE LIABLE Brazos Technology Purchase and License Agreement Page 13 of 16 CONFIDENTIAL INFORMATION V1.0 HEREUNDER TO LICENSEE FOR CUMULATIVE DIRECT DAMAGES IN ANY AMOUNT GREATER THAN THAT PAID BYfex LICENSEE TO BRAZOS TECHNOLOGY UNDER THIS AGREEMENT AS A MAINTENANCE FEE FOR THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE ACCRUAL OF THE CAUSE OF ACTION. Brazos Technology Purchase and License Agreement Page 14 of 16 CONFIDENTIAL INFORMATION V1.0 EXHIBIT B I. Covered Sites This Agreement covers the following Licensee sites: Avon Police Department II. Software and Configuration Six (6) RunIT software license for PDA $3,900USD Software Includes: Unlimited number of logins to the PDA eCitation eCrash eTow One-Year of Software Maintenance One-Year of Software Support Configuration/Installation Fee $8,584 USD Configuration Includes: Customized PDA/Web screen layouts Customized citation receipt for defendant Customized citation report for court and PD Integration with Full Court CMS System Setup and Configuration of Colorado State Crash Setup and Configuration of Tow Task (county-wide) Extended Training $2,500 USD Six (6) eCrash licenses for PDA $1,200USD Software Includes: One-Year of Software Maintenance One-Year of Software Support * Brazos will deliver the equipment to eliminate shipping to customer. Brazos Technology Purchase and License Agreement Page 15 of 16 CONFIDENTIAL INFORMATION V1.0 III. Maintenance Fees Maintenance Services for the applications and configuration listed in Section II of this Exhibit, will be included in the software cost for the first year of this Agreement. This fee will be adjusted at each anniversary date of this Agreement to the then current pricing. Should additional software be licensed and installed at the Covered Site(s), the fee will be adjusted to reflect the additional software. • eCitation, hosting, maintenance and support $250 per year/each PDA • eCrash, hosting, maintenance and support (no diagramming) $100 per year (if diagramming included – add $50 per year / each PDA) • Interface, Full Court CMS $1,000 per year • Interface, CopLink $1,000 per year IV. Authorized Licensee Contacts For purposes of this Agreement, the following individuals shall be designated per site as the authorized Licensee support contacts: Name Title Phone# Brazos Technology Purchase and License Agreement Page 16 of 16 CONFIDENTIAL INFORMATION V1.0 EXHIBIT C – Hardware Attached Proposal: Avon CO - Initial 6 Units - MC67_v2.pdf TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and the Avon Town Council From: Jane Burden, Transit Superintendent Date: June 16, 2015 Agenda Topic: Transit Bus Purchase Agreement ____________________________________________________________________________________ INTRODUCTION: The Transit Department would like to purchase a low floor, ADA compliant cut-a- way (26 ft.) vehicle for use on the current Red Line and Blue Line servicing Avon’s residents and guests. Total price for this vehicle through National Bus Sales is $134,994.00. BACKGROUND: The Town of Avon Transit Department has historically used grant funding for the purchase of Capital Rolling Stock (Bus) purchases successfully. Avon was awarded this FASTER grant (your state vehicle registration fees) for FY 2014-2015. The state will be paying $100,000 and the Town of Avon will contribute $34,994. This bus will replace bus #817 a 2004 cut-a-away bus. The FASTER grant and Avon’s contribution are included in the FY 2015 transit budget. Procurement for this vehicle was completed through the Colorado Mountain Purchasing Consortium and CDOT with the overarching vendor contract executed in September of 2014 for cutaway vehicle purchases for five (5) years. COUNCIL DIRECTION: Staff recommends approval of the purchasing agreement between the Town of Avon and National Bus Sales for the purchase of one (1) cutaway bus for $139,994.00. Colorado Mountain Purchasing Consortium PURCHASE AGREEMENT Between TOWN OF AVON AVON TRANSIT PO BOX 975 AVON, CO 81620 AND NATIONAL BUS SALES AND LEASING, INC. ONE (1) CLASS C GLAVAL CHEVY/GMC 26’TITAN LOW FLOOR CUTAWAY WITH FRONT RICON MOBILITY LIFT PROPOSAL # CMPC-14-BOC-RFP Awarded: September 23, 2014 By Eagle County Government P.O. Box 850 Eagle, Colorado 81631 PURCHASING AGREEMENT Eagle County Award #CO-2014-350. Issued By: Eagle County P.O. Box 850 Eagle, CO 81631 Administered By: Kelley Collier Director of Transportation Contractor: National Bus Sales Mailing Address: P.O. Box 6549 Marietta, GA 30065 Street Address: 800 Pickens Drive Ext. Marietta, GA 30062 WHEREAS, the Colorado Mountain Purchasing Consortium (CMPC) is a group of local agencies providing mass transportation services, who are aligned for the purpose of the coordinated purchase of cutaway vehicles; and WHEREAS, Eagle County led a solicitation on behalf of the CMPC and issued the Colorado Mountain Purchasing Consortium Request for Proposal for Project No. CMPC- 14-BOC-RFP dated March 5, 2014 (the “RFP,” a copy of which is incorporated herein by this reference and available for inspection in the offices of the ECO Transit Department), which complied with federal guidelines for the purchase of cutaway vehicles using state and/or federal grant dollars (the “Solicitation”); and WHEREAS, Vendor submitted a proposal on May 5, 2014 (the “Proposal,” a copy of which is incorporated herein by this reference and available for inspection at the offices of the ECO Transit Department) and was chosen as the successful respondent to the Solicitation; and WHEREAS, The Town of Avon (“Agency”) is a participant in the CMPC and desires to purchase the below described make and model vehicle(s) from Vendor in accordance with said Solicitation; and WHEREAS, Vendor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the vehicles as set forth below in paragraph 1 hereof; and WHEREAS, this Purchase Agreement shall govern the relationship between Vendor and Agency in connection with the procurement of said vehicles. NOW, THEREFORE, in consideration of the foreclosing and following promises, Vendor and Agency agree as follows: 1. Equipment: a. Vendor agrees to provide the following vehicles and associated components (hereinafter referred to as the “Equipment”) as more specifically identified in the CMPC Purchase Order Form which is attached hereto as Exhibit A, and incorporated herein by this reference: Base Vehicle Class: C Fuel Type: Unleaded Quantity: One (1) b. Vendor shall comply with all general requirements, conditions and terms as set forth in the RFP. c. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A, the RFP, or the Proposal, and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. d. Agency shall have the right to inspect all Equipment. Inspection and acceptance shall not be unreasonably delayed or refused. Agency may conduct acceptance tests on each delivered vehicle. These tests shall be completed within ten (10) business days after vehicle delivery and Vendor will be notified by the 10th day if the vehicle has been accepted or needs additional work. The post-delivery tests shall include visual inspection and vehicle operations. Vehicles that fail to pass the post-delivery tests are subject to non-acceptance. Agency shall record details of all defects notify Vendor of non- acceptance of each vehicle. The defects detected during these tests shall be repaired according to the procedures defined on page 19 and 20 in Part 1 of the RFP. In the event Agency does not accept the Equipment for any reason in its sole discretion, then Vendor shall upon Agency’s request and at no charge to Agency: i. take the Equipment back; ii. exchange the Equipment; or iii. repair the Equipment. 2. Compensation: a. Agency shall compensate Vendor for the Equipment in accordance with the rates shown in Exhibit A and calculated as follows: Unit Cost Total Cost One (1) Glaval Chevy/GMC Titan 26’ Cutaway $134,994 $134,994 b. Payment will be made for Equipment satisfactorily delivered and accepted within thirty (30) days of receipt of a proper and accurate invoice from Vendor and when CMPC members receive required FTA/CDOT post-delivery paperwork. All invoices shall include detail regarding the Equipment and such other detail as Agency may request. c. If, at any time during the term or after termination or expiration of this Agreement, Agency reasonably determines that any payment made by Agency to Vendor was improper because the Equipment for which payment was made were not provided as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from Agency, Vendor shall forthwith return such payment(s) to Agency. Upon termination or expiration of this Agreement, unexpended funds advanced by Agency, if any, shall forthwith be returned to Agency. d. Agency will not withhold any taxes from monies paid to the Vendor hereunder and Vendor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. e. Notwithstanding anything to the contrary contained in this Agreement, Agency shall have no obligations under this Agreement after, nor shall any payments be made to Vendor in respect of any period after December 31 of any year, without an appropriation therefor by Agency in accordance with a budget adopted by its governing body in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 3. Schedule: a. The Equipment shall be delivered at a rate not to exceed five (5) vehicles per day Monday through Friday. No deliveries shall be made on weekends or holidays. Delivery of the Equipment shall be completed on or before 90-120 days, as stated in the Proposal, except when certain purchase options increase delivery time. Delivery time exceptions are noted in Exhibit B-2 based on individual options. As noted in Exhibit B-2, the maximum additional time required for delivery of fuel type or body modification options is 14 weeks. Therefore, 218 days is the maximum delivery period allowable after Agency’s execution of a Purchasing Agreement and CMPC Purchase Order Form, but true delivery times are based on the lead times identified in Exhibit B-2. b. Vendor and Agency agree that if delivery is not made within the time specified on the order form in excess of 120 days as noted in Exhibit B-2 for chosen options, as liquidated damages (but not as a penalty) Vendor shall pay Agency one hundred dollars ($100.00) per calendar day, per vehicle. 4. Federal Grant Contract: The Parties acknowledge that Agency is a sub- recipient of a grant awarded by either/or the Federal Transit Administration (FTA) or the Colorado Department of Transportation (CDOT), which will be used to fund, in part, the procurement of this equipment. The CMPC estimates that approximately 60% of all CMPC contract amounts will be funded by the FTA and/or CDOT. 5. Documents: Vendor shall execute any bill of sale or other documents required by Agency to transfer title of the Equipment to Agency. Vendor shall provide copies of any instruction or operations manuals and shall further provide copies of any manufacturers warranties associated with the Equipment as specified in the RFP, Part 1 page 19 and page 73. 6. Other Contract Requirements and Vendor Representations: a. Vendor has familiarized itself with the intended purpose and use of the Equipment to be provided hereunder, the intended use of such Equipment by Agency, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or Equipment. b. Vendor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of this Agreement. c. The fact that the Agency has accepted or approved the Equipment shall not relieve Vendor of any of its responsibilities. Vendor represents and warrants that it has the expertise and personnel necessary to properly perform the terms of this Agreement. Vendor shall provide appropriate supervision to its employees to ensure the performance in accordance with this Agreement. Vendor will provide the Equipment and any associated services in a skillful, professional and competent manner and in accordance with the standard of care applicable to vendors supplying similar equipment and services. d. Vendor warrants merchantability and fitness of the Equipment for its intended use and purpose. e. Vendor agrees to provide the following warranties for each vehicle purchased under this Purchase Agreement: Item Years Mileage OEM Chassis (incl. tires) 3 100,000 Manufacturer’s Warranty 2 Unlimited Air Conditioning System 2 Unlimited Alternator 3 36,000 Mobility/Wheelchair Lift 3 (parts); 1 (labor) Unlimited Cycles Powertrain (gas and diesel) 5 year gas and diesel 60K Gas/100K Diesel Body Structural 5 years 60,000 miles Intermotive Interlock 2 years Unlimited Auxiliary Heater 3 years 36,000 miles Electric Door System 1 year Unlimited LED Lighting 2 years Unlimited f. Vendor warrants that title to all Equipment shall pass to Agency either by incorporation into the Agency facility or upon receipt by Vendor of payment from Agency (whichever occurs first) free and clear of all liens, claims, security interests or encumbrances. Vendor further warrants that Vendor (or any other person performing Work) purchased all Equipment free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the foregoing, Vendor assumes all risk of loss with respect to the Equipment until Agency has inspected and approved the same. g. Within a reasonable time after receipt of written notice, Vendor shall correct at its own expense, without cost to Agency, and without interruption to Agency: i. Any defects in Equipment which existed prior to or during the period of any guarantee or warranty provided in this Agreement; and ii. Any damage to any property caused by such defects or the repairing of such defects. h. Guarantees and warranties shall not be construed to modify or limit any rights or actions Agency may otherwise have against Vendor in law or in equity. i. Vendor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement as outlined in the RFP, Part 3. Time is of the essence with respect to this Agreement. j. This Agreement constitutes an agreement for performance by Contractor as an independent Contractor and not as an employee of Agency. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master- servant, partnership, joint venture or any other relationship between Agency and Vendor except that of independent Vendor. Vendor shall have no authority to bind Agency. k. Vendor represents and warrants that at all times in the performance of the Agreement, Vendor shall comply with any and all applicable laws, codes, rules and regulations. l. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. m. Vendor shall not assign any portion of this Agreement without the prior written consent of the Agency. Any attempt to assign this Agreement without such consent shall be void. n. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. o. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. p. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. q. The signatories to this Agreement aver to their knowledge no employee of the Agency has any personal or beneficial interest whatsoever in the Equipment described in this Agreement. The Vendor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Agreement and Vendor shall not employ any person having such known interests. r. The Vendor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. s. Any and all claims, disputes or controversies related to this Purchase Agreement, or breach thereof, shall be litigated in the Colorado District Court for the county in which Agency is located, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 7. Contract Documents: 1) Purchase Agreement 2) Exhibit A, CMPC Purchase Order Form 3) The RFP 4) The Proposal which are agreed to by Vendor, incorporated herein by this reference, and collectively referred to as "Contract Documents." The Contract Documents may only be altered, amended, or repealed by written amendment. The intent of the Contract Documents is to include all items, components and services necessary for the proper sale and delivery of the Equipment. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. The Contract Documents are listed in order of priority. If a conflict exists in the terms of any of the Contract Documents, the document with a higher priority shall control. 8. Vendor's Agreement: National Bus Sales and Leasing, Inc. agrees to provide the equipment identified above and in the Purchasing Agreement for the consideration stated herein. The offer to provide the equipment identified above is hereby accepted as offered in the proposal in response to # CMPC-14-BOC-RFP, in accordance with the Contract Documents. National Bus Sales and Leasing, Inc. Town of Avon By: ___________________ By:_____________________ Representative Agency Representative _______________________ _______________________ Title Town Manager Date: __________________ Date: ___________________ TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, JUNE 3, 2015 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 6:08 p.m. A roll call was taken and Council members present were Megan Burch, Buz Reynolds, Matt Gennett, Jake Wolf, Scott Prince and Sarah Smith Hymes. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Planning Manager Matt Pielsticker, and Town Clerk Debbie Hoppe 2. APPROVAL OF AGENDA There were no changes to the agenda. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA No comments were made. 4. JOINT STUDY SESSION REGARDING THE WILDRIDGE PUD 4.1. COVENANT/DESIGN GUIDELINES – STAFF WILL PRESENT THE O RIGINAL REGULATORY DOCUMENTS TO THE COUNCIL INCLUDING COVENANTS AND DESIGN GUIDELINES. THE POSSIBILITY OF REINSTATING THESE REGULATIONS WILL BE DISCUSSED (PLANNING MANAGER MATT PIELSTICKER) 4.2. LOCK-OFFS – DISCUSSION AND DIRECTION ON THE POTENTIAL PERMITTING AND REGULATING OF “ACCESSORY DWELLING U NITS” IN THE WILDRIDGE PUD. STAFF WILL PRESENT THE REGULATORY PROCESSES AND RAMIFICATIONS INVOLVED (PLANNING MANAGER M ATT PIELSTICKER) 5. ADJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 8:55 p.m. _________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ________________________________ Avon Council Special Meeting 6-3-2015 Minutes Page 1 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, JUNE 9, 2015 AVON TOWN HALL, ONE LAKE STREET 1. CALL TO ORDER & ROLL CALL Mayor Fancher called the meeting to order at 5:11 p.m. A roll call was taken and Council members present were Jake Wolf, Buz Reynolds, Megan Burch, Scott Prince and Sarah Smith Hymes. Matt Gennett was absent. Also present were Town Manager Virginia Egger, Town Attorney Eric Heil, Assistant Town Manager Scott Wright, Town Engineer Justin Hildreth, Executive Assistant to the Town Manager Preston Neill and Town Clerk Debbie Hoppe 2. APPROVAL OF AGENDA Mayor Fancher asked to add item 4 Update on Bond and Land Closings for Lots 1A and 1B, Buck Creek PUD for a Medical Office Building and Public Safety Building. Council agreed to the changes. 3. PUBLIC COMMENT – COMMENTS ARE WELCOME ON TOPICS NOT ON THE AGENDA Kathy Ryan, Mike Brumbaugh and Sarah Straw commented. Councilor Gennett entered the meeting at 5:17 p.m. 4. UPDATE ON BOND AND LAND CLOSINGS FOR LOTS 1A AND 1B, BUCK CREEK PUD FOR A MEDICAL OFFICE BUILDING AND PUBLIC SAFETY BUILDING (ASSISTANT TOWN MANAGER SCOTT WRIGHT) Todd Goulding commented. 5. ACTION ITEMS 5.1. ACTION ON MEMORANDUM OF AGREEMENT REGARDING COST SHARING FOR PROGRAMMING, DESIGN AND PRE- CONSTRUCTION MANAGEMENT OF A JOINT FIRE-POLICE STATION FACILITY BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION DISTRICT (TOWN ATTORNEY ERIC HEIL) Todd Goulding commented. Councilor Prince left meeting at 6:10 p.m. Councilor Reynolds moved to approve Memorandum of Agreement Regarding Cost Sharing for Programming, Design and Pre-Construction Management of a Joint Fire-Police Station Facility between the Town of Avon and the Eagle River Fire Protection District; Mayor Pro Tem Wolf seconded the motion and it passed unanimously by those present. Councilor Prince was absent. 5.2. ACTION ON AN AGREEMENT TO RETAIN DAVIS PARTNERSHIP GROUP FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR A JOINT POLICE AND FIRE PUBLIC SAFETY BUILDING (TOWN ATTORNEY ERIC HEIL) Councilor Reynolds moved to approve the Agreement to Retain Davis Partnership Group for Architectural and Engineering Services for a Joint Police and Fire Public Safety Building; Councilor Gennett seconded the motion and it passed unanimously by those present. Councilor Prince was absent. Councilor Prince returned to meeting at 6:23 p.m. 5.3. PUBLIC HEARING SECOND READING OF ORDINANCE NO. 15-07, AMENDING CHAPTER 5.24, SECTION 9.12.080 AND CHAPTER 9.40 OF THE AVON MUNICIPAL CODE AND REPEALING RESOLUTION NO. 88-20 CONCERNING AMPLIFIED SOUND PERMITS, PERMITTING OF PRIVATE EVENTS ON TOWN PROPERTY AND PROHIBITING SMOKING IN PARKS, Avon Council Meeting 6-9-2015 Minutes Page 1 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, JUNE 9, 2015 AVON TOWN HALL, ONE LAKE STREET OPEN SPACE AND THE MAIN STREET MALL (TOWN ATTORNEY ERIC HEIL) Mayor Fancher opened the Public Hearing, Kathy Ryan and Dave Dancheck commented. Councilor Gennett moved to approve the Second Reading of Ordinance No. 15-07, Amending Chapter 5.24, Section 9.12.080 and Chapter 9.40 of the Avon Municipal Code and Repealing Resolution No. 88-20 Concerning Amplified Sound Permits, Permitting of Private Events on Town Property and Modifying Section 8 Amendment to Section 9.40.050 subsection (20) Smoking is not Permitted in the West Avon Preserve. Mayor Pro Tem Wolf seconded the motion and it passed unanimously by those present. 5.4. MINUTES FROM MAY 26, 2015 MEETING (TOWN CLERK DEBBIE HOPPE) Councilor Reynolds moved to approve the Minutes from May 26, 2015; Councilor Gennett seconded the motion and it passed unanimously by those present. 6. COMMITTEE MEETING UPDATES: COUNCILORS AND MAYOR 6.1. UERWA UPDATE (COUNCILOR SARAH SMITH-HYMES) 6.2. EAGLE COUNTY CLIMATE CHANGE PRESENTATION (COUNCILOR SARAH SMITH-HYMES) 7. MAYOR & COUNCIL COMMENTS 8. WRITTEN REPORTS 9. EXECUTIVE SESSION, IF NEEDED (THIS SESSION IS NOT OPEN TO THE PUBLIC) 9.1. FOR THE PURPOSE OF A CONFERENCE WITH THE TOWN ATTORNEY FOR RECEIVING LEGAL ADVICE UNDER C.R.S. §24-6-402(2)(B) CONCERNING THE TOWN MANAGER INQUIRY. Mayor Fancher moved to meet in Executive Session for the purpose of a conference with the Town Attorney for receiving legal advice under C.R.S. §24-6-402(2)(b) concerning the Town Manager inquiry. Councilor Gennett seconded the motion and it passed unanimously by those present. The time was 6:58 p.m. Council reconvened into regular session at 10:27 p.m. Avon Council Meeting 6-9-2015 Minutes Page 2 TOWN OF AVON, COLORADO AVON MEETING MINUTES FOR TUESDAY, JUNE 9, 2015 AVON TOWN HALL, ONE LAKE STREET 10. ADJOURNMENT There being no further business to come before the Council, the regular meeting adjourned at 10:27 p.m. RESPECTFULLY SUBMITTED: _________________________________ Debbie Hoppe, Town Clerk APPROVED: Jennie Fancher ________________________________ Jake Wolf ________________________________ Matt Gennett ________________________________ Megan Burch ________________________________ Albert “Buz” Reynolds ________________________________ Scott Prince ________________________________ Sarah Smith Hymes ________________________________ Avon Council Meeting 6-9-2015 Minutes Page 3 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and the Avon Town Council From: Jane Burden, Transit Superintendent Date: June 16, 2015 Agenda Topic: Town of Avon Transit Objectives & Services and 2014 Ridership Re-Cap/2015 Winter Season Report ____________________________________________________________________________________ INTRODUCTION: The Avon Transit Department is an enterprise fund within the Town of Avon responsible for all transportation related activities for the Town. Our core responsibility is to provide public transportation services that support the economic, social, transportation and environmental needs of the community. Our objectives are safe, reliable, accessible and cost effective public transportation services. Avon transit is a “fare free” fixed route public transit agency providing public bus service 365 days/year along with complimentary paratransit services available upon eligibility certification. We are overseen by the Federal Transit Administration/Colorado Department of Transportation and the Public Utilities Commission with yearly auditing requirements. DEPARTMENT OVERVIEW: Our transit department personnel consists of the superintendent and two (2) full time bus operators. Programs within the Transportation Department are; • Administration Program: where responsibilities of the superintendent consist of personnel hiring, operator training, drug/alcohol program and ADA certification and compliance, strategic planning, route development and implementation, grant administration. o Current Grant Funding Secured: o $100,000 – Faster Grant (80/20) for the purchase of a 26 ft. cut-a-way bus coming in August. o $410,000 – 5339 FTA Grant (80/20) for a bus purchase by December, 2015 o $125,000- 5311 FTA Grant (70/30) for bus stop improvements available FY 2015-2016. Grant Submittal - pending o $274,104 – 5311 FTA Grant (50/50) for Administration & Operating Funding for FY 2016 • Operations Program: Transit route/service design/implementation, bus schedules, safety, security, fleet management, guest service measurements, day to day field supervision. • Wash Bay Program: Vehicle servicing both external (ECO vehicles) and internal with monthly invoicing. In February 2014, Transit added a full time CDL position which roves between transit, road and bridge, and parks. Anticipating the need for bus operators for the 2015 World Alpine Ski Championships in February, the transit department in the fall of 2014 trained three (3) parks employees for bus operations and scheduled these three employees in for winter season transit operations. Currently these employees are scheduled in transit operating a bus one day per week for the summer season. These employees reduce the need for additional transit-only drivers and allow the Town to fully employ Public Works staff when there is not a need to snowplow. The transit department augments our need for bus operators and bus washers/fuelers throughout the year but specifically during the winter months with up to ten (10) seasonal staff members. These seasonal employees (some of which have been with us for over eight years) are an integral part of our team ensuring successful route coverage. RE-CAP OF 2014 TRANSPORTATION SERVICES: In FY2014, Avon Transit provided public transportation with the three existing routes; the Black Line on a 30 minute frequency providing year round in-town service from 6:30 a.m. to 6:30 p.m., and, in the winter season, by the Skier Express Shuttle and the Restaurant Shuttle. Service levels for public transportation in Avon remained the same throughout the majority of 2014 with one exception. The much anticipated new bus service to the Buffalo Ridge Housing Complex and Walmart began on Thanksgiving weekend! Augmented Service: Capacity demand (passenger counts above 500 for upload) and passenger comfort during download on the Skier Express Shuttle route required an additional bus starting in January, which continued sporadically through the end of March. Augmented service hours were budgeted for holiday time periods throughout the season. Non holiday augmented service hours, due to over capacity during the months of January, February and March, were provided by supervisory staff. Peak capacity occurred in March, which is traditionally our busiest month for ridership with 44,273 riders on our Skier Express Shuttles and 15,437 riders on the in-town Black Line. Total Ridership 2012 2013 2014 Service Hrs.8,463 8,622 9,268 Budget $1,384,404 $1,072,257 $1,383,584 Total Ridership 279,603 282,314 323,275 0 500,000 1,000,000 1,500,000 Avon Transit Service Hour/Budget/Ridership 0 50,000 100,000 150,000 200,000 250,000 300,000 350,000 2012 2013 2014 2015 Avon Transit 2014 Operational Performance Metrics • Total passenger boarding count for 2014 was 323,275, up 40,961 passengers (12.5%) from 2013. • Service hours totaled 9,268 and were budgeted @ 8,978 before the addition of the Buffalo Ridge/Walmart service added in late November. Financial Status: Cost per passenger was calculated using $81.43 per service hour for the FY 2014 amended budget provided by the Finance Department, with Fixed Costs = $5.59, Variable Costs = $62.50 and Fleet Maintenance Costs = $13.34. This is down from $88.71 per service hour for FY 2013. A cost per passenger below $4.12 is considered excellent by national standards. 2012 2013 2014 In-Town Black Line 33 32 35 Skier Shuttle 43 46 54 Restaurant Shuttle 31 32 31 0102030405060 Passengers per Hour • Average daily ridership Skier—1,040 Black line—468 Restaurant—195 • On Time Performance—99% • Guest Approval rating of good or excellent service –98% • Avon buses traveled 97,021 miles in 2014 • One non-preventable accident for 2014 2014 Avon Transit Budget The Transit Department finished FY 2014 within budget. Salaries and Wages Fuel Vehicle Maintenance Debit Service/Lease Pymt. Financial Contribution-Gondola Other Operating Costs Contract Services 2014 Expenses by Type Type $ amount % of total Salaries and Wages 457,122.00$ 33% Fuel 98,885.00$ 7% Vehicle Maintenance 117,508.00$ 8% Debit Service/Lease Pymt.60,220.00$ 4% Financial Contribution-Gondola 213,456.00$ 15% Other Operating Costs 136,561.00$ 10% Contract Services 237,991.00$ 17% Capital Outlay/Bus Purchase -$ 0% Depreciation 61,841.00$ 4% 0% Total 1,383,584.00$ 100% Admin Operations Washbay $- $500,000 $1,000,000 $1,500,000 Re-Cap of the 2015 WINTER SEASON: With council approval for transit services to the Buffalo Ridge Housing Complex and the Village of Avon box stores, Avon Transit bus service changed to the Red and Blue Lines servicing east and west Avon, Buffalo Ridge, Wal-Mart and the town core from 6:30 a.m.-10:30 a.m. and from 1:30 p.m. – 6:30 p.m. with the Black Line providing mid-day service from 10:30 a.m.-1:30 p.m. The Skier Express Shuttle service remained on a 15 minute frequency from 8:00 a.m. to 11:30 a.m. and from 2:30 p.m. to 5:30 p.m. Mid-day service (11:30 a.m. to 2:30 p.m.) was at a 30 minute frequency. All buses provided seven day a week service beginning on November 26th, continuing until April 12th,when Beaver Creek Mountain closed for the season. The evening Restaurant Shuttle operated from 6:00 p.m. to 10:00 p.m. with a 30 minute frequency starting December 15th and continued through Easter weekend. 2015 WASC Bus Wraps New Floor Scrubber for our Facility Après Avon Bus Stop Improvements Scheduled for 2015 2015 Avon Transit Operational Performance Metrics Ridership to date on the new Red and Blue Lines continues to build as the above and below ridership charts of passenger boarding to date for 2015 indicate. Some early conclusions are as follows: • Red Line daily averages of 22 passengers/hour between the hours of 6:30 a.m. to 8:00 a.m. and 24 passengers/hour between the hours of 3:00 p.m. to 5:00 p.m. indicate that we are fulfilling the need for work access through public transportation for the residents of Buffalo Ridge. Avon Total Ridership By Stop Code Winter 2014-2015 ( December 2014 - May 2015 ) Bus Stop Ridership Percentage Westgate 5,187 8 Aspens Mobile Home Park 11,973 17 Avon Station 7,990 11 Wal-Mart 8,410 12 City Market 6,567 10 Stonebridge/Eaglebend 12,279 18 Beaver Creek Elk Lot 3,310 5 Buffalo Ridge 4,330 7 Other 8,015 12 68,061 100 Westgate 8% Aspens Mobile Home Park 17%Avon Station 11% Wal -Mart 12% City Market 10% Stonebridge/Eaglebend 18% Beaver Creek Elk Lot 5% Buffalo Ridge 7%Other 12% Total Percentage of Ridership by Bus Stop Westgate Aspens Mobile Home Park Avon Station Wal-Mart City Market Stonebridge/Eaglebend Beaver Creek Elk Lot Buffalo Ridge Other • Ridership for the Buffalo Ridge residents is 7% of total ridership for the Red and Blue Lines with Buffalo Ridge resident making up 14% of total ridership for the Red Line. • Buffalo Ridge ridership is comparable to the other housing complexes in Avon. • Passenger boarding at the Wal-Mart stop show significant need for access to this Village of Avon amenity. 2015 Skier Express Shuttle Ridership Avon Blue Route Ridership By Stop Code Winter 2014-2015 (December-May) Bus Stop Ridership Percentage Westgate 5,187 14 Aspens Mobile Home Park 11,973 31 Avon Station 3,919 10 Wal-Mart 5,426 15 City Market 4,081 11 BC Elk Lot 1,572 3 Other 5,871 16 38,029 100 Westgate 14% Aspens Mobile Home Park 31% Avon Station 10% Wal-Mart 15% City Market 11% BC Elk Lot 3% Other 16% Blue Route Percentage of Ridership by Bus Stop Westgate Aspens Mobile Home Park Avon Station Wal-Mart City Market BC Elk Lot 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 45,000 January February March April AVON TRANSIT 2015 WASC RIDERSHIP SKIER EXPRESS SHUTTLE 22,124 RESTAURANT SHUTTLE 1,164 RED LINE 3,178 BLUE LINE 3,604 BLACK LINE 1,654 TOTAL 31,724 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and the Avon Town Council From: Jane Burden, Transit Superintendent Date: June 16, 2015 Agenda Topic: Summer Restaurant Shuttle Service ____________________________________________________________________________________ INTRODUCTION: Town Manager Virginia Egger and I were approached in May by Jim Pavelich, owner of the Northside Café Restaurant, about initiating a Restaurant Shuttle throughout the summer. We attended one meeting to discuss the possibility of such transit service, and Virginia had a subsequent meeting with Jim to review potential dates and times of service and costs for the Town to implement the route. BACKGROUND: An evening Restaurant Shuttle has been provided daily for many years from mid- December through closing day of Beaver Creek Mountain (April). This shuttle operates from 6:00 p.m. – 10:00 p.m. providing a connection between Avon and Beaver Creek for locals and visiting guests wishing to dine at any of the fine restaurants within the Town of Avon and Beaver Creek Resort. Avon lodges are serviced by this shuttle along with the covered bridge bus stop in Beaver Creek Village. Currently Beaver Creek Resorts contributes monetarily to this winter season evening Restaurant Shuttle service. DISCUSSION TO DATE: Exhibit A provides the estimated costs for running a summer Restaurant Shuttle service for Avon restaurants with a connection to Beaver Creek Village beginning on July 1st of this year. Two scenarios are provided: The first listing shows service running July 1st through September 30, 2015 at a cost of $29,966.00, and the second estimate totaling $20,195.00 is for service July 1st through August 31, 2015. For both scenarios provided, service is from 6:00 p.m. – 10:00 p.m. A key ingredient to a successful Restaurant Shuttle launch is a marketing program. Jim has recommended the Town outreach to restaurants and gain their interest in including in their restaurant ads a message to ride the bus, ideally with an incentive, such as a discount on an aspect of their dining experience. If Council wishes to move forward this summer with the service, staff will need to quickly prepare a marketing program, including restaurant outreach and some advertising. Developing a new route takes a longer term commitment to develop ridership knowledge and practice. Starting a service this summer will have the risk of low ridership. One consideration might be to begin the service, but if ridership is unreasonably low after 30 – 45 days to end the route this season and look to build a stronger marketing program for a launch in 2016. COUNCIL DIRECTION: Staff is looking for Council direction as to whether to commence a summer Restaurant Shuttle bus service for the residents and guests of Avon and Beaver Creek Resort. ATTACHMENTS: Exhibit “A, draft summer dinner bus service costs. EXHIBIT "A" PROPOSED SUMMER RESTAURANT SHUTTLE Winter Winter Winter Loop Winter Summer Summer Summer Loop Summer Annual Route Op Hrs Frequence # Buses Time Serv. Hr.Op Hrs Frequence # Buses Time Serv. Hr.Cost Restaurant Shuttle 6:00-10:00 30 Min.1 30 Min 368 $29,966 $29,966 **Service starts 7/1/2015 - 9/30/2015 Winter Winter Winter Loop Winter Summer Summer Summer Loop Summer Annual Route Op Hrs Frequence # Buses Time Serv. Hr.Op Hrs Frequence # Buses Time Serv. Hr.Cost Restaurant Shuttle 6:00-10:00 30 Min.1 30 Min 248 $20,195 $20,195 **Service starts 7/1/2015 - 8/31/2015 Heil Law & Planning, LLC Office: 303.975.6120 3445 S. Clermont St. Fax: 720.836.3337 Denver, CO 80222 E-Mail: eric@heillaw.com e-mail: ericheillaw@yahoo.com H EIL L AW TO: Honorable Mayor Fancher and Town Council members FROM: Eric J. Heil, Town Attorney RE: Ord. No. 15-05 Amending the Town Code of Ethics DATE: June 17, 2015 SUMMARY: The Town Council discussed the Avon Town Code of Ethics (“Ethics Code”) at its December 11, 2014 work session. The Town Council expressed a desire to re-visit the Ethics Code and provided some preliminary direction on revisions for consideration. Draft amendments to the Town Code of Ethics were presented to the Town Council at a work session on March 24, 2015 for discussion and direction. Based on the direction provided by the Town Council at that work session, Ordinance No. 15-05 was presented for first reading on April 21, 2015. At that meeting, Town Council expressed interest in considering additional standards to prohibit contemporaneous terms of Council members who have a marital relationship and to prohibit Council members who have an employer/employee relationship. These additional areas of consideration for the Town Code of Ethics are addressed in this memorandum. BACKGROUND: The Avon Home Rule Charter requires the Avon Town Council to adopt an Ethics Code. The current Town Code of Ethics was adopted by Ord. No. 92-15. Revisions were adopted in early 2012 by Ord. No. 2012-01. As a home rule community, Avon has the authority to adopt its own Ethics Code as a matter of local concern. However, awareness of the State Standards of Conduct is informative and the revisions in 2012 incorporated language from the State Standards of Conduct where appropriate for convenience and efficiency. PROPOSED AMENDMENTS TO TOWN CODE OF ETHICS ------------------------------------------------------------ OBTAINING PRIVATE WORK RELATED TO OFFICIAL ACTS: A new sub-section (11) under 2.30.060 Conflict of Interest is presented which would prohibit any elected official from accepting compensation or work related to any Official Act on a specific project, application or contract within 12 months of the Official Act. NOTE: This restriction is worded to apply both during and after the term of employment or office, the operative rule being within 12 months. Based on direction from the work session a second alternative is presented which would adopt a more restrictive requirement that such private work or compensation could not be obtained until 6 months after the term in office expires. This restriction was presented to the Department Directors, who requested more time to evaluate and understand the restriction. Many communities adopt such a restriction as part of the employee handbook. Based on past practices this issue is referred to the Avon Human Resources to allow employees to review this matter. As a result, the proposed Town Code of Ethics amendments are limited to elected officials in order to allow the Town employees to review this issue through the Human Resources process and adopt conduct standards in the Employee Handbook. Relevant language from the State Standards of Conduct and the City of Boulder are reprinted for convenience: The State Standards of Conduct set forth an “ethical principle” as a guide in CRS §24-18-105 which states, M EMORANDUM & PLANNING, LLC Avon Town Council Town Code of Ethics June 17, 2015 Page 2 of 6 Town Code of Ethics June 17, 2015 Page 2 of 6 “A public officer, a local government official, or an employee should not, within six months following the termination of his office or employment, obtain employment in which he will take direct advantage, unavailable to others, of matters with which he was directly involved during his term of employment. These matters include rules, other than rules of general application, which he actively helped to formulate and applications, claims, or contested cases in the consideration of which he was an active participant.” The City of Boulder’s Code of Conduct establishes a 6 month restriction after termination of employment or office, as follows: Activities That Occur After Termination of Employment or Office: No former public official or public employee shall seek or obtain employment concerning matters upon which he or she took any action during his or her service with the city for six months following termination of office or employment if such action, occurred less than four years prior to seeking or obtaining employment, involved an exercise of discretion by the public official or public employee and provided direct benefit to the employer, including but not limited to a contract, lease, employment or regulatory approval. This provision may be waived by the city council or the city manager. PRESENCE OF TOWN COUNCIL OR PLANNING COMMISSION MEMBER WITH CONFLICT OF INTEREST: The revisions in 2012 added language whereby a Town Council member or Planning Commission member could remain in the room and participate in discussions when there was a conflict of interest if the majority of the remaining Council members provided consent. My recollection is that no Town Council member or Planning Commission member ever requested to remain in the meeting room and participate in the discussion on a business item once a conflict of interest was declared. The attached DRAFT revisions would delete this language and revert back to the prior strict rule that a Town Council member or Planning Commission member with a conflict of interest must leave the room during discussion and consideration of that business item. PUBLIC CONTRACTS: The Ethics Code adopts a general rule that no Town Officer shall have an interest in any contract made by the Town, but then contains several exceptions to allow the lowest bidder (or highest bidder for auctions) or when the Town Officer discloses the conflict and does not vote on the contract. The existing Ethics Code language in Section 2.30.120 Public Contracts tracks CRS §24-18- 201 et. seq. and contains similar exceptions. The DRAFT revised language presents a very strict restriction and prohibition to disallow any contract for compensation or approval of vender permit to any Town Official. NOTE: Town Official includes spouses and minor children. The DRAFT revised language attempts to distinguish contracts with organizations where a Town Official is an employee of an organization but is not an owner or controlling officer. The two exceptions that are retained which are: (1) investments or deposits in financial institutions which are in the business of loaning or receiving money [meaning that the mere deposit at a local bank that enters into a contract with the Town does not create a conflict]; and, Avon Town Council Town Code of Ethics June 17, 2015 Page 3 of 6 Town Code of Ethics June 17, 2015 Page 3 of 6 (2) matters for which the Town Officer has voted in accordance with Section 2.30.100 [meaning such participation is necessary for quorum and action and such Town Officer has made disclosure to the Colorado Secretary of State in accordance with Section 2.30.110]. Section 2.30.100 was revised slightly to incorporate a finding that participation by a Council member or Planning Commission member with a conflict of interest will not be contrary to the public interest. This language parallels language in the Urban Renewal Authority statutes regarding participation by an Urban Renewal Authority director that has a property interest within an Urban Renewal Authority plan. RESTRICTION ON MARITAL RELATIONSHIP: Council expressed an interest in considering provisions in the Town Code of Ethics to prohibit contemporaneous terms of Council members who have a marital relationship. Generally, the Town Code of Ethics of defines circumstances that constitute a conflict of interest and is applied on a case by case basis. Enacting a prohibition on contemporaneous terms of Council members with a marital relationship affects qualification and eligibility of persons to serve as Council members. A prohibition of contemporaneous terms of Council members with a marital relationship is a form of an anti-nepotism regulation. Courts review anti-nepotism regulations to determine if the policy denies the fundamental right to marriage protected by the Due Process Clause of the 14th Amendment as well as the right to intimate association implicit in the 1st Amendment. Anti-nepotism laws have been upheld where they prohibit marital and family relationships between a superior and subordinate within an organizational structural. I have found no guidance or examples in Colorado of anti-nepotism regulations as applied to contemporaneous terms of elected officials. There are examples in other states which are discussed as follows: Arkansas: The Arkansas Municipal League publication entitled Municipal Law in Arkansas (May, 2007) states there is no prohibition of a marital relationship between elected officials. California: The California Court of Appeal upheld removal of a planning commission member (wife) when the husband of the planning commission member was elected to the City Council on the basis that husband would not be able to consider the recommendation of his wife/planning commission member with impartiality and that the appearance of a conflict existed, Kimura v. Roberts, 89 Cal.App.3d 872 (1979). PLEASE NOTE that this case is factually different than simultaneous married Council members and is more analogous to a supervisor relationship. The Court in Kimura also noted that a marital relationship between a planning commission member and city council person did not violate any law; rather, the Court only ruled to uphold the local determination of actual conflict and appearance of conflict in this situation. Florida: A Florida Attorney General Advisory Legal Opinion (AGO 89-06, 1989) states that the Florida Antinepotism Law does not prohibit a husband and wife from simultaneously serving on the same town council. This opinion further holds that such relationship would not violate state Sunshine Laws. Ohio: Ohio Ethics Law does not prohibit a husband and wife from serving as elected office holders in the same township. Ohio Ethics Commission Advisory Opinion No. 92-010, 1992. Avon Town Council Town Code of Ethics June 17, 2015 Page 4 of 6 Town Code of Ethics June 17, 2015 Page 4 of 6 Rhode Island: A wife/elected official who served on a municipal School Committee which prepared and presented a budget to a Budget Committee, on which her husband/elected official served, did not present an ethics violation where (1) both spouses are acting in their public capacities, (2) neither individual has supervisory direction over the other, and (3) neither individual has a personal financial interest at stake. Advisory Opinion No. 2010-4. Attached to this memorandum are two articles, one from New York City stating that marital and familial relationships between elected official are not uncommon, and one from Burbank, CA discussing the political debate over the appropriateness of elected married couples. Authority to Prohibit Married Council Members: The Avon Home Rule Charter sets forth the qualifications of a Town Council member. Section 4.6 - Qualifications. (a) No person shall be eligible to hold office as an elected official, unless, at the time of his nomination and election he be a qualified elector as defined by the laws of the State of Colorado, a resident and qualified elector of the Town as defined by ordinance. (b) No elected official shall be a salaried employee of the Town during his term of office, other than as provided in this Charter. (c) The Town Council shall be the judge of election and qualifications of its own members. (d) Commencing with the election for Councilmembers to be held in May, 1980, and for all subsequent elections for Councilmembers when nominated and elected shall have resided in the Town or any territory thereafter annexed for a minimum period of one (1) year immediately proceeding said election. Section 4.6(c) states that the Town Council shall be the judge of qualifications of its own members. The Town Code of Ethics primarily addresses determination of a conflict of interest for specific official acts. A prohibition on married Town Council members affects the eligibility and qualification of the Town Council member. My recommendation if Council desires to implement this prohibition is to enact a new Chapter 2.34 in the Avon Municipal Code that expressly addresses the qualification of married Town Council members. Regulatory Considerations: If Council chooses to prohibit contemporaneous terms of Council members who are married then I raise the following additional considerations for your direction: • Should this prohibition also apply to “civil unions” as defined in the Colorado Civil Union Act, CRS §14-15-101 et.seq.? CRS §14-15-103(1) states, “ "Civil union" means a relationship established by two eligible persons pursuant to this article that entitles them to receive the benefits and protections and be subject to the responsibilities of spouses.” • Should this prohibition apply to “common law marriage” with the Town Council to determine based on review of fact of circumstances whether such a relationship exists? • Should this prohibition extend to other familial and blood relationships (e.g. parent – child, siblings, in-laws)? Avon Town Council Town Code of Ethics June 17, 2015 Page 5 of 6 Town Code of Ethics June 17, 2015 Page 5 of 6 • The prohibition would need some rules to determine which of two married Council members is qualified and which is disqualified from serving on Council. Examples would include if married Council members both ran for office at the same time and both were elected, then the Council member/spouse with the highest number of votes would be deemed elected and the other Council member/spouse would be deemed not qualified due to the marital relationship. If two existing Council members married during their terms, then one such Council member/spouse would need to be deemed disqualified, which could be the Council member/spouse who received less votes in an election. • Should these rules extend to the Planning Commission and other boards and commissions of the Town? Conclusion: It is my opinion that Avon likely has the legal authority to prohibit contemporaneous terms of married Council members based upon its home rule authority and existing Charter language. I say “likely” because I could find no precedence in Colorado or any jurisdiction for such a prohibition. For other jurisdictions, determining the appropriateness of simultaneous married elected officials on a governing body appears to be a political matter decided by the electorate or the existing governing body when filling a vacancy by appointment. Recommendation: Due to the considerations raised which need direction and the preference of enacting a new Chapter in the Avon Municipal Code to define this qualification for Town Council members I have not prepared language for Ordinance No. 15-05. Rather, I am requesting direction on whether Council desires a separate ordinance to be prepared to enact a prohibition on contemporaneous terms for married Council members. RESTRICTION ON EMPLOYER-EMPLOYEE RELATIONSHIP: Council expressed an interest in prohibiting two or more Council members with an employer – employee relationship. The concern raised is that a Council member who has a subordinate relationship to another Council member through an employer-employee relationship may not perform official acts based purely on an independent representation of the public interest and may be subject to inappropriate influence from the superior. The Town Code of Ethics defines Conflicts of Interest in Sec. 2.30.060. The existing provisions which are applicable to concerns raised by an employer-employee relationship are Sec. 2.30.060(7) prohibition on soliciting or accepting something of value (i.e. continued employment or promotion) made primarily for influencing an officer, and Sec. 2.30.060(8) Perform any official act under circumstances which give rise to an appearance of impropriety on the part of the officer. Another consideration of employer-employee relationships is that when a traditional conflict of interest arises that affects the business of the employer-employee, both Council members must abstain from voting in accordance with the Town Code of Ethics. A double abstention can leave the remaining Council members short of votes necessary to take action, especially if any other Council members are absent from a meeting. The challenge in implementing a prohibition on employer-employee relationships on Council is that such a prohibition is really a Council member qualification matter rather than conflict of interest consideration that is determined for specific actions on a case by case basis. Adding a definition to Sec. 2.30.060 to state that it is a conflict of interest for both the employer and employee in an employer- Avon Town Council Town Code of Ethics June 17, 2015 Page 6 of 6 Town Code of Ethics June 17, 2015 Page 6 of 6 employee relationship to take official actions would effectively disqualify both Council members from taking any actions. It would be more appropriate to enact a prohibition on employer-employee relationships by adoption of a separate ordinance that creates a new chapter in the Avon Municipal Code on Council member qualifications. Also, if Council pursues such adoption, then it may wish to consider defining prohibited relationships more broadly to include an independent contractor who has a substantial portion of business with a business owner/Council member. In considering the adoption of additional rules governing Council member qualifications, Council may wish to consider the frequency that this situation may arise and the political process of elections and appointments where such relationships can be considered. The situation where an employment relationship arises between Council members after the Council members are elected and/or appointed falls outside of the traditional political review process. In such case, the Council members can be advised of the existing Conflict of Interest rules that impose penalties and sanctions for any instances of soliciting or accepting value for voting influence. REQUESTED ACTION: Direction from Council on whether to prepare a separate ordinance to enact a new Chapter in the Avon Municipal Code that further defines qualifications of Council members, including prohibitions on marital relationships and prohibitions on employer-employee relationships. PROPOSED MOTION: I move to adopt Ordinance No. 15-05 Amending the Town Code of Ethics on First Reading with [OPTION 1 LANGUAGE or OPTION 2 LANGUAGE] for amendments to Section 2.30.060(11). ATTACHMENTS: A – Ordinance No. 15-05 Amending the Town Code of Ethics B – News Article from New York City C – News Article from Burbank, CA Thank you, Eric Ord 15-05 Amending Town Code of Ethics June 23, 2015 – FIRST READING Page 1 of 3 TOWN OF AVON, COLORADO ORDINANCE NO. 15-05 SERIES OF 2015 AN ORDINANCE AMENDING CHAPTER 2.30 TOWN CODE OF ETHICS OF THE AVON MUNICIPAL CODE WHEREAS, the Town of Avon (“Town”) is a home rule authority 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, pursuant to Section 5.5(d) of the Avon Home Rule Charter states that, “Council shall adopt a Town Code of Ethics which shall set forth ethical standards and standards of conduct for elected and appointed officials of the Town;” and WHEREAS, Town Council believes that amendments to the Town Code of Ethics which are more stringent than the State Code of Ethics will promote the highest level of governmental integrity and public confidence in the proper conduct of governmental affairs of the Town of Avon and therefore will promote the general welfare of the Avon community; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with state law, the Avon Municipal Code and the Avon Home Rule Charter by setting a public hearing in order 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 the proposed amendment to the Avon Municipal Code. 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. Amendment. Chapter 2.30 of the Avon Municipal Code is hereby amended by repealing and deleting language shown in strike-out and adopting language depicted by underline as depicted in EXHIBIT A: AVON TOWN CODE OF ETHICS AMENDMENTS attached to and made a part of this Ordinance. 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. ATTACHMENT A Ord 15-05 Amending Town Code of Ethics June 23, 2015 – FIRST READING Page 2 of 3 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 days after the date of final passage 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, 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 June 23, 2015 and setting such public hearing for July 28, 2015 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk ATTACHMENT A Ord 15-05 Amending Town Code of Ethics June 23, 2015 – FIRST READING Page 3 of 3 ADOPTED ON SECOND AND FINAL READING on July 28, 2015. BY: ATTEST: ____________________________ ____________________________ Jennie Fancher, Mayor Debbie Hoppe, Town Clerk APPROVED AS TO FORM: ____________________________ Eric J. Heil, Town Attorney ATTACHMENT A EXHIBIT A: AMENDMENTS TO AVON TOWN CODE OF ETHICS Page 1 of 7 April 1, 2015 Town Code of Ethics 2.30.010 Citation. This Chapter shall be known and may be cited as the "Avon Town Code of Ethics." 2.30.020 Declaration of policy. The proper operation of democratic government requires that public officers be independent, impartial and responsible to the people; that government decisions and policy be made within the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, a code of ethics for all Town oOfficers is adopted. The purpose of this code is to establish guidelines for ethical standards of conduct for all such oOfficers by setting forth those acts or actions that are incompatible with the best interest of the Town, and by directing disclosure by such oOfficers of private financial or other interests in matters affecting the Town. 2.30.030 Finding of local concern. The Town Council finds and determines that the matter of ethical municipal government is a matter of local concern upon which home rule municipalities in Colorado are fully empowered to legislate and to supersede conflicting state statutes. 2.30.040 Effect of common law. This Chapter shall supersede and override the common law as to the subject matter of this Chapter. 2.30.050 Definitions. As used in this Chapter, unless the context requires otherwise: Business means any corporation, limited liability corporation, partnership, sole proprietorship, trust or foundation, or other individual or organization carrying on a business operated for private profit. Confidential information means all information, whether transmitted orally, electronically or in writing, , which is intended to be confidential and which does not constitute a public record under the Colorado Open Records Act set forth in C.R.S. §24-72- 200.1 et. seq. including but not limited to attorney-client confidential and privileged communications and information received in an executive session. Council or Town Council means the Town Council of the Town of Avon. Council Member means any member of the Town Council. Officer means any person holding a position by election or appointment in the service of the municipality, whether paid or unpaid, including the members of the Town Council, any other Town board, committee or commission, any employee and any independent contractor. Official act or official action means any vote, decision, recommendation, approval, disapproval or other action, including inaction, which involves the use of discretionary authority. Substantial financial interest means an interest owned or held by an oOfficer which is: a. An ownership interest in a business; b. A creditor interest in a business; c. An ownership interest in real or personal property; d. A loan or any other debtor interest; e. A directorship or officership in a business. An officer shall be presumed to have a substantial financial interest in any of the EXHIBIT A: AMENDMENTS TO AVON TOWN CODE OF ETHICS Page 2 of 7 April 1, 2015 abovementioned interests owned, held or controlled by such oOfficer's spouse or dependent children. 2.30.060 Conflict of interest. A Town Officer shall not: (1) Disclose or use confidential information acquired in the course of such Officer's duties (a) in order to further a business or other undertaking in which such Officer has a substantial financial interest or (b) for any use which would be detrimental to the Town; (2) Engage in a substantial financial transaction for his or her private business purposes with a person whom such oOfficer inspects or supervises in the course of his or her official duties; (3) Perform an official act which directly and substantially affects to its economic benefit a business or other undertaking in which such Officer has a substantial financial interest; (4) Perform an official act which directly and substantially affects a business or other undertaking by whom the oOfficer is employed, or by whom such Officer is engaged as counsel, consultant, representative or agent; (5) Acquire or hold an interest in any business or undertaking which such Officer has reason to believe may be directly and substantially affected to its economic benefit by official action to be taken by the agency over which he or she has substantive authority; (6) Perform an official act directly and substantially affecting to its economic detriment any business or other undertaking when such Officer has a substantial financial interest in a competing business or undertaking; (7) Solicit or accept a present or future gift, favor, loan, service or thing of value from a person under circumstances which would lead a reasonably prudent person to believe that such gift, favor, service or thing of value was made or given primarily for the purpose of influencing or attempting to influence such oOfficer in connection with an official act, or as a reward for official action he or she has previously taken. The provisions of this Subsection shall not apply to those circumstances described in Subsection 2.30.070(3);. (8) Perform any official act under circumstances which give rise to appearance of impropriety on the part of the Officer; (9) Make or accept any ex parte communication or contact concerning a matter which is to be determined after a public hearing without making the contents of such communication or contact a part of the record of such public hearing; (10) Appear on behalf of any private person, business or entity, other than himself or herself, his or her spouse, or minor children, before the Town Council, any Town Commission or the Municipal Court.; or, OPTION 1 LANGUAGE: (11) For members of Town Council, accept compensation or employment related to any Official Act on a specific project, application, or contract within twelve (12) months of taking such Official Act, provided that this provision may be waived six (6) months after the Official Act by a majority of the disinterested Town Council members. OPTION 2 LANGUAGE: (11) For members of Town Council, seek or obtain employment or compensation concerning matters upon which he or she took an Official Act during his or her term of office for six (6) months following expiration or termination of office, if such Official Act EXHIBIT A: AMENDMENTS TO AVON TOWN CODE OF ETHICS Page 3 of 7 April 1, 2015 occurred less than four years prior to such employment or compensation, provided that this provision may be waived by a majority of the disinterested Town Council members. 2.30.070 Exemptions. The provisions of Section 2.30.060 shall not prohibit an Officer from: (1) Accepting or receiving a benefit as an indirect consequence of the performance of an official act; (2) Taking official action when such Officer is similarly situated to other Town residents, such as adopting general land use regulations, owning property within a special or local improvement district, voting for taxes or bonds, adopting ordinances of general applicability or otherwise acting upon matters involving the common public interest, except that this exemption shall not apply to interests of Officers of the Avon Urban Renewal Authority in any project or in any property included or planned to be included in any project and the provisions of C.R.S. §31-25- 104(3) shall control; (3) Soliciting or accepting gifts or loans which are: a. Campaign contributions reported as required by law; b. An occasional nonpecuniary gift, insignificant in value; c. A nonpecuniary award publicly presented by a nonprofit organization in recognition of public service; d. Payment of or reimbursement for actual and necessary expenditures for travel and subsistence or attendance at a convention or other meeting at which such Officer is scheduled to participate; e. Reimbursement for or acceptance of an opportunity to participate in a social function or meeting which is not extraordinary when viewed in light of the position held by such Officer; f. Items of perishable or nonpermanent value, including, but not limited to, meals, lodging, travel expenses or tickets to sporting, recreational, educational, or cultural events; g. Payment for speeches, debates, or other public events, reported as honorariums to the Town Manager; h. A loan at a rate of interest which is not substantially lower than the commercial rate then currently prevalent for similar loans within the Town. (4) Receiving such compensation for his or her services to the Town as may be fixed by ordinance, pay plan, budget or other similar official action. 2.30.080 Disclosure of conflict of interest in Town Council action. Any member of the Town Council who believes he or she has a conflict of interest as defined in Section 2.30.060 on any matter proposed or pending before the Town Council shall disclose such potential interest to the Town Council. Any member of the Council who believes that another member of the Council has a conflict of interest shall bring the matter to the attention of the Council prior to Council consideration of the issue involving the alleged conflict. The Council shall determine whether a conflict of interest exists. The Council member who has an alleged conflict of interest shall not vote on the determination of whether a conflict of interest exists; however, such Council member may participate in the discussion and may remain in the room with the consent of the majority of the remaining Council members. If the EXHIBIT A: AMENDMENTS TO AVON TOWN CODE OF ETHICS Page 4 of 7 April 1, 2015 Council determines that an actual conflict of interest exists, the Council Member shall not attempt to influence other members of the Town Council in connection with such matter, and, except as provided in Section 2.30.100, the Council Member shall not vote upon such matter. The Council Member shall leave the room during Council's discussion and action on the subject, and shall return only when the council has taken up the next agenda item. 2.30.090 Disclosure of conflict of interest in Planning Commission action. Any member of the Planning Commission who believes he or she has a conflict of interest as defined in Section 2.30.060 on any matter proposed or pending before the Planning Commission shall disclose such potential interest to the Planning Commission. Any member of the Planning Commission who believes that another member of the Planning Commission has a conflict of interest shall bring the matter to the attention of the Planning Commission prior to Planning Commission consideration of the issue involving the alleged conflict. The Planning Commission shall determine whether a conflict of interest exists. The Planning Commission member who has an alleged conflict of interest shall not vote on the determination of whether a conflict of interest exists; however, such Planning Commission member may participate in the discussion and may remain in the room with the consent of the majority of the remaining Planning Commission members. If the Planning Commission determines that an actual conflict of interest exists, the member of the Planning Commission shall not attempt to influence other members of the Planning Commission in connection with such matter, and, except as provided in Section 2.30.100, the member of the Planning Commission shall not vote upon such matter. The member of the Planning Commission shall leave the room during the Planning Commission's discussion and action on the subject, and shall return only when the Planning Commission has taken up the next agenda item. 2.30.100 When Council Member or member of the Planning Commission with conflict of interest may vote. Notwithstanding the provisions of Sections 2.30.080 and 2.30.090, a Council member or member of the Planning Commission may vote upon a matter as to which he or she has a conflict of interest if: (1) His or her participation is necessary to obtain a quorum or to otherwise enable the Council or Planning Commission to act, and (2) he or she complies with the disclosure provisions of Section 2.30.110, and (3) a majority of the Council members or Planning Commission members present at a meeting who do not have a conflict of interest find that the participation of such Council member or Planning Commission member will not be contrary to the public interest and vote to permit such Council member or Planning Commission member to vote despite the conflict of interest. 2.30.110 Voluntary Disclosure to Secretary of State. A Town oOfficer may, prior to acting in a manner which may impinge on his or her fiduciary duty and the public trust, disclose the nature of his or her private interest to the Colorado Secretary of State. Such Town oOfficer shall make the disclosure in writing to the Colorado Secretary of State, listing the amount of his or her financial interest, if any, the purpose and duration of his or her services rendered, if any, and the compensation EXHIBIT A: AMENDMENTS TO AVON TOWN CODE OF ETHICS Page 5 of 7 April 1, 2015 received for the services or such other information as is necessary to describe his or her interest. If he or she then performs the official act involved, he or she shall state for the record the fact and summary nature of the interest disclosed at the time of performing the act. Such disclosure shall constitute an affirmative defense to any civil or criminal action or any other sanction under this Town Code of Ethics or any other local, state or other code of ethics or standards of conduct. 2.30.120 Public contracts. (a) The Town shall not enter into any contract with a Town Officer (including spouse or minor children of the Town Officer) to provide any compensation from the Town for the provision of goods or services and shall not approve any vendor permit or privilege to conduct commercial business on Town property during such Officer’s term, appointment or employment with the Town; provided that this restriction shall not apply to compensation provided to any Town Officer for performance of official duties for the Town. This section shall not operate to restrict the Town from entering into contracts or approving vendor permits and privileges to an organization which employees a Town Officer if such Town Officer is not an owner or controlling officer of such organization that receives such compensation, permits or privileges and such Town Officer declares a conflict of interest in accordance with Section 2.30.060(3) and does not participate in any Town decision related to such public contract. For the purposes of this section, ownership in an organization shall include any ownership interest that is greater than 1%. (b) The provisions of Subsection (a) of this Section shall not apply to: (1) Investments or deposits in financial institutions which are in the business of loaning or receiving money; or, (2) with respect to which the Town Officer has voted therein in accordance with Section 2.30.100. (c) It shall be a violation of this Code of Ethics for any Town Officer to enter into a contract with the Town or receive compensation or receive vendor permits or privileges from the Town in violation of this section. (d) Any contract approved by the Town or vendor permit or privilege granted by the Town in violation of this section shall be unenforceable against the Town. (a) Except as provided in Subsection (b) of this Section, no Officer shall have an interest in any contract made by the Town. (b) The provisions of Subsection (a) of this Section shall not apply to: (1) Contracts awarded to the lowest responsible bidder based on competitive bidding procedures; (2) Merchandise sold to the highest bidder at public auctions; (3) Investments or deposits in financial institutions which are in the business of loaning or receiving moneys; (4) A contract between the Town and an officer if, because of geographic restrictions, the Town could not otherwise reasonably afford itself of the subject of contract. It shall be presumed that the Town could not otherwise reasonably afford itself of the subject of a contract if the additional cost to the Town is greater than ten percent (10%) of a contract with an officer or if the contract is for services that must be performed within a EXHIBIT A: AMENDMENTS TO AVON TOWN CODE OF ETHICS Page 6 of 7 April 1, 2015 limited time period and no other contractor can provide those services within that time period; (5) A contract with respect to which the officer has disclosed his or her personal or financial interest to the Town Council and has not voted thereon, or with respect to which the officer has voted therein in accordance with Section 2.30.100. (c) No Town officer shall be a purchaser or vendor in connection with any sale or purchase made by him or her in his or her official capacity. The provisions of this Subsection shall not apply to those contracts described in Subsection (b) of this Section. 2.30.130 Limitation on subsequent employment. A former Town oOfficer may not, within six (6) months following the termination of his or her office with the Town, contract with or become employed by an employer who contracts with the Town involving matters with which such oOfficer was directly involved during such Officer’s the term of office or with the Town. 2.30.140 Enforcement. (a) The Town Council shall have the primary responsibility for the enforcement of this Chapter. It shall have the power to investigate any complaint, to initiate any suit and to prosecute any criminal or civil action on behalf of the Town wherein it believes such action is appropriate. (b) The Town Council may direct the Town Attorney to investigate or prosecute any apparent violation of this Chapter or the Council may employ or appoint any qualified attorney to investigate or prosecute any violation or series of violations by one (1) or more persons of this Chapter. In the event the alleged conflict of interest involves a Council member (or multiple Council members), the Council member(s) who has an alleged conflict of interest shall not vote upon whether to investigate or prosecute the alleged conflict of interest. (c) Any person who believes that a violation of any portion of this Chapter has occurred may file a complaint with the Town Council, which shall promptly investigate such complaint and take such action thereon as the Council shall deem to be appropriate. (d) The district attorney of the district where the trust is violated may bring appropriate judicial proceedings on behalf of the people. Any moneys collected in such actions shall be paid to the general fund of the Avon Town government. Judicial proceedings pursuant to this section shall be in addition to any criminal action which may be brought against such Town oOfficer. 2.30.150 Penalties and remedies. (a) It is unlawful for any person to violate any provision of, or to fail to comply with any of the requirements of this Chapter. Any person who violates any provisions of this Chapter shall be punished in accordance with the provisions of Section 1.08.010 of this Code. Additionally, upon conviction such person shall be liable to the Town for such damages as may have been suffered or incurred as a result of such violation. (b) Upon conviction for any violation of this Chapter such oOfficer shall immediately forfeit his or her office or position. Nothing in this Chapter shall be construed to prohibit such public oOfficer from being reelected, reappointed or otherwise rehired to any position forfeited under the provisions of this Chapter. (c) Any court of competent jurisdiction called upon to enforce the provisions of this Chapter may, with the consent of the Town Council, EXHIBIT A: AMENDMENTS TO AVON TOWN CODE OF ETHICS Page 7 of 7 April 1, 2015 exempt from the provisions of this Chapter any conduct of a Town Officer upon the finding that the enforcement of this Chapter with respect to such Officer's conduct would not be in the public interest. 2.30.160 Distribution of code of ethics. The Town Clerk shall cause a copy of this code of ethicsthe Avon Town Code of Ethics to be distributed to every Officer of the Town within thirty (30) days after enactment of the ordinance adopting this Chapter. Each Town Officer elected, appointed, or engaged thereafter shall be furnished a copy before entering upon the duties of his or her office. 2.30.170 Gift Reporting. (a) In accordance with §7, Article XXIX of the Colorado Constitution, the requirements of Article XXIX of the Colorado Constitution shall not apply to the Town of Avon. It is the intention and purpose that this section 2.30.170, Chapter 2.30 Avon Town Code of Ethics of the Avon Municipal Code, and any other applicable Avon Home Rule Charter provision, ordinance or resolution adopted by the Town of Avon shall completely address all matters set forth in Article XXIX of the Colorado Constitution. (b) Any Town Officer who receives any present, or offer of future, individual gift, favor, loan, service or thing of value in excess of $50.00 and such gift is offered due to such person’s status as a Town Officer then such Officer shall report such gift and the estimated value to the Town Clerk. The Town Clerk shall promptly disclose gifts received, or offer of future gifts, to the Town Council. The failure of a Town Officer to report a gift to the Town Clerk shall constitute a violation of the Avon Town Code of Ethics. (c) Council shall determine if gifts received or offered in the future constitute a conflict of interest in accordance with the Avon Town Code of Ethics. Council members who are the recipient or intended recipient of a gift shall not vote on whether such gift constitutes a conflict of interest unless such gift is offered to Council as a whole or offered to Town generally. (d) Gifts which are given by an individual who is a relative or personal friend of the recipient on special occasions shall not be deemed a conflict of interest. Gifts which are given without the purpose or intent to influence a Town Officer in connection with an official act or as a reward for an official act performed and gifts which do not create the appearance of impropriety shall not be a conflict of interest. (e) Gifts which are received which are determined by Council to be a conflict of interest shall be returned. The receipt of a gift or the failure to return a gift or reimburse the equivalent value when Council determines such gift is a conflict of interest shall constitute a violation of the Avon Town Code of Ethics. 6/16/15, 7:35 PMIn City Politics, Husband-Wife Elected Officials Are Rare - NYTimes.com Page 1 of 3http://cityroom.blogs.nytimes.com/2008/09/04/in-city-politics-husband-wife-elected-officials-are-rare/?_r=0 In City Politics, Husband-Wife Elected Officials Are Rare By Jonathan P. Hicks September 4, 2008 2:59 pm New York City’s political landscape has long been filled with officials who are related: parents in elective office alongside their children; siblings serving simultaneously in political office. Some suggest that it is now for more married couples to serve in office at the same time. Charles and Inez Barron are chief proponents of that idea. If she wins next week’s election for a vacant Assembly seat, Ms. Barron will be one-half of one of the few husband-and-wife teams of elected officials in New York’s political history. She is married to Mr. Barron, a Democrat who represents the East New York section of Brooklyn in the City Council. Of course, there are already many officials in office in New York City who are related. In the Bronx, State Senator Rubén Díaz Sr. serves in the Legislature with his son, Assemblyman Rubén Díaz Jr. And Jose Rivera, the Bronx Democratic chairman, serves in the Assembly with his daughter, Naomi Rivera, while his son Joel is on the City Council. And Queens voters have elected to office City Councilman David I. Weprin and his brother, Assemblyman Mark S. Weprin. (They are sons of the former State Assembly speaker Saul Weprin, who died in 1994.) However, it is uncommon for spouses to serve in office at the same time. (It is more common for a wife to succeed her husband in office. For example, State Senator Toby Ann Stavisky succeeded her husband, Leonard Stavisky, after his ATTACHMENT B 6/16/15, 7:35 PMIn City Politics, Husband-Wife Elected Officials Are Rare - NYTimes.com Page 2 of 3http://cityroom.blogs.nytimes.com/2008/09/04/in-city-politics-husband-wife-elected-officials-are-rare/?_r=0 death.) But married politicians are not exactly unheard of. At the moment, there is City Councilman Michael E. McMahon, whose wife, Judith Novellino McMahon, was elected as a Civil Court judge several years ago. In fact, Ms. McMahon is running for a position as a justice in State Supreme Court justice while her husband is running for the Congressional seat representing Staten Island and Brooklyn. For a time in the 1990s, there was a Republican power couple in Congress at the same time: Representative Susan Molinari of Staten Island and her husband, Bill Paxon. (But Mr. Paxon was not from New York City, having represented a district in western New York, including parts of Buffalo.) A victory by Ms. Barron would represent a rare instance of a husband and wife in a political office in New York City at the same time. But first, she must prevail in a contest with four other candidates: Nathan Bradley, Kenneth Evans, Winchester Key and Earl L. Williams. The election is to fill the vacancy caused by the resignation of Assemblywoman Diane M. Gordon. Ms. Gordon, a four-term Democrat, was convicted earlier this year of receiving a bribe for offering to help a developer acquire a parcel of city-owned land in her district if he would build her a free house in a gated community in Queens. She was sentenced to two to six years in prison. Kenneth Waluyn is running on the Republican and Conservative line in the Assembly race. But the winner of the Tuesday’s primary is virtually assured of election in November in this highly Democratic district. Mr. Barron has been his wife’s most prominent supporter, appearing with her at campaign events. He will be campaigning next year in an effort to win the Democratic nomination for Brooklyn borough president. “It’s an awesome experience,” Mr. Barron said. “She’s been my greatest supporter. And now I get to do the same thing for her. I try to do everything I can to ATTACHMENT B 6/16/15, 7:35 PMIn City Politics, Husband-Wife Elected Officials Are Rare - NYTimes.com Page 3 of 3http://cityroom.blogs.nytimes.com/2008/09/04/in-city-politics-husband-wife-elected-officials-are-rare/?_r=0 support her in this campaign. I even hold her handbag when she’s campaigning.” Ms. Barron said that she had learned a great deal about politics by watching her husband campaign over the years. “I’ve been at my husband’s side in all his campaigns,” she said. “And it’s been exciting for me to be the one to go through all the rituals of campaigning myself.” Comments are no longer being accepted. © 2015 The New York Times Company ATTACHMENT B 6/16/15, 8:43 PMWedded to the idea of 2 City Council seats - latimes Page 1 of 2http://articles.latimes.com/print/2007/feb/24/local/me-couple24 ← Back to Original Article Wedded to the idea of 2 City Council seats Politics can make for familiar bedfellows as a husband and wife seek office in Burbank. February 24, 2007 |Bob Pool | Times Staff Writer At kitchen tables all over Burbank, the debate between husbands and wives is whether the City Council is a place for a husband and wife. There's no fight at Carolyn and Phil Berlin's home on Niagara Street. Both say the answer is yes. That's because the pair are among seven candidates seeking the two open council seats Tuesday in a municipal primary election. The top four finishers in the mail-in balloting will face off in an April 10 general election. They would make a great team on the five-member council, the two Berlins agree. And that's the problem, their detractors say: Husband-and-wife council members are likely to agree on everything, stifling honest debate over issues that affect all of Burbank's 104,108 residents. The couple's candidacies have been accompanied by acrimony. There have been angry letters to the local newspaper. Placards condemning marriedcouple council members have popped up in some frontyards. One of them stands in front of City Councilman David Golonski's Avon Street home. "I can tell you a lot of people have been asking where they can get these signs," said Golonski, a 14-year council veteran. "If they're both elected, they are going to be tightly aligned with another council member. The city would be handing over complete control to a tightly aligned majority." What's wrong with that? the Berlins ask. "We'd form a voting bloc? That's a good thing. We've had a bloc the other way for a long time," Carolyn Berlin said. Phil Berlin agreed. "People want a change. They're tired of the same 4-1 voting bloc that's on the council now." The Berlins acknowledge that they are in close agreement with a current council member, David Gordon. They said Gordon, who has endorsed both of their candidacies, is always on the losing side of those 4-1 votes. Gordon has placed a 16-foot banner promoting the Berlins on the roof of his optometry shop. He takes it down nightly to keep it from being vandalized, Carolyn Berlin said. "Probably a couple of hundred of our yard signs have been stolen," she said. "The reason we put our picture on our sign is because we were being attacked as a married couple. We want people to know we don't have horns. Being married is supposed to be a good thing." Carolyn Berlin, 60, and her husband have been married 28 years. Phil Berlin, 63, is an attorney who specializes in employment cases. She works in his law office with him. Like the other five candidates -- Gary Bric, Vahe Hovanessian, Anja Reinke, Margaret Sorthun and Whit Prouty -- the Berlins cite protection of Burbank's neighborhoods as a top priority. As with most Los Angeles-area communities, the 17-square-mile city is eyed by builders eager to construct high-density redevelopment projects. The two say they weren't surprised when their marital status emerged as a campaign issue. "One candidate said we'll get angry and get in a fight and get a divorce," Carolyn Berlin said. "It's scary what some have said. It's inappropriate," Phil Berlin said. While they agree on most issues and sometimes even complete each other's sentences, Phil Berlin said he and his wife are independent thinkers. "Because of our relationship, we respect other people's positions," he said. ATTACHMENT C 6/16/15, 8:43 PMWedded to the idea of 2 City Council seats - latimes Page 2 of 2http://articles.latimes.com/print/2007/feb/24/local/me-couple24 Copyright 2015 Los Angeles Times Terms of Service|Privacy Policy|Index by Date|Index by Keyword "Because of our relationship, we're not intimidated by each other," she said. They do disagree on some things. "Like whether we should sell our '87 Corvette and whether we should get a big dog," she said. "I drive it on weekends. And walking a Chihuahua isn't very macho," he said, patting the pair's tiny dog, Bonnie, as she sat between them on their living room couch. Phil Berlin said he researched the legality of a husband and wife serving on the same City Council before the duo took out their candidate papers. He found that it would be "perfectly legal" for him and his wife to discuss city business together at home as long as they didn't do it in front of a third council member. Although it is common to see spouses succeed each other in elected office, it is rare to find a husband and wife serving together. A Jean Lafitte, La., couple are running for two Town Council seats in a March 31 election. Last November, a Laramie, Wyo., man unsuccessfully sought election to the City Council on which his wife sits. In Manhattan Beach, a husband-and-wife City Council campaign was averted when one candidate withdrew from the March 6 race, which will fill two council seats. Bev Morse, a writer, dropped out after learning that a friend, incumbent Mitch Ward, had filed to be a candidate. Her husband, businessman Stephen Morse, remains in the race. "Steve and I originally began our campaign ... because we weren't sure if Mitch Ward was going to run for a second term," she wrote in a letter to a local newspaper announcing her withdrawal and her support for her husband and Ward. "I believe my husband is the better man for the job than I, better suited to and for working with the current council, and relighting the torch of morality and reason." As for the Berlins, they feel they're both equally qualified. Carolyn Berlin said she served nine years on Burbank's planning board. Phil Berlin said he served six years on the commission that oversees Burbank's Bob Hope Airport. As if on cue, a jetliner coming in for a landing made a low pass over the pair's home. They were asked if such flyovers are common. They answered simultaneously. "No," he said. "Yes," she said. They turned to each other with startled grins. "They typically approach the airport from the west," he said. "I hear them more than he does because I'm home more," she said. "He's entitled to his opinion," said Carolyn Berlin. "Just like I am." bob.pool@latimes.com ATTACHMENT C TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Town Council From: John Curutchet, Director of Parks and Recreation Date: June 8, 2015 Re: Update Pickle ball, Disc Golf, Lake Water Testing and the Summer Activity Passport BACKGROUND A 2015 summer programs and capital improvements presentation was delivered to Town Council on May 15, 2015. Following the presentation, Council requested that staff conduct further research and follow up on: pickle ball court expansion, disc golf configuration and lake water testing. Council asked for alternatives to the proposed expansion of existing pickle ball courts. The Nottingham Park Disc Golf course was also discussed, and Council asked for options to re-configure the course so it might better suit residents and other park visitors. The presentation of the swim beach and other swimming events and activities prompted a discussion of water quality testing. Council requested a review of that program. Also included in this memo, but not yet discussed at Council is the new “Summer Activity Passport.” SUMMARY As staff began to look at options for a possible expansion of pickle ball courts, we learned that Tract P is owned by the Town and could be a viable option. Upon further research, and discussion by staff, our conclusion is that a reconfiguration of existing court space will be the best approach. The plan would include the addition of a fence between the far-east tennis court and existing pickle ball court. The current placement of pickle ball nets will move west towards the fence, while a small expansion of court space is added to the east. The result of this plan will increase the number of courts from two to four. Total cost for this project: $20,000.00 Staff walked the existing disc golf course with the objective of seeking alternative placements for hole #1. Attachment “A” illustrates a possible new location for Hole #1 of the disc golf course. The yardage of the hole would be shorter to promote less errant throws thereby eliminating discs that may land on residential properties. The integrity of course will remain intact with six holes, allowing for a three round tour of the course to equate to a game acceptable, 18 hole round of golf. Staff is working with the Eagle River Water and Sanitation District to manage our water quality testing program at Nottingham Lake. Guidelines indicate the need for weekly samples and testing for Escherichia coli. Staff will gather lake samples from the swimming beach area at a water depth of three feet and deliver the sealed sample to the Water and Sanitation District. The district will analyze our water and return the results within two days. For a current orientation, the maximum acceptable E-coli contaminant level is 235 ppm in a 100 ml sample. Our latest test revealed our water at 27.5 ppm in a 100 ml sample, 207.5 ppm within the acceptable level. At the request of Mayor Jennie Fancher, staff began a collaborative effort with the Eagle-Vail Metropolitan District this spring to explore the possibility of a joint use recreation pass. The effort produced the opportunity to purchase the “Summer Activity Passport.” The program is a 10 punch use card that enables users to enjoy the Avon Recreation Center, Eagle-Vail swimming pool, a ½ hour paddleboat rental or admission to the Eagle-Vail par three golf course. The 10 use card will sell for $90.00 and can be purchased at the Avon Recreation Center. Volume of use will be tracked at each activity center and revenue divided according to the areas of use. ATTACHMENTS A. Disc golf alternative placement for Hole #1 B. Option for pickle ball court expansion A tt a c h m e n t A Di s c G o l f H o l e # 1 Tu e J u n 1 6 2 0 1 5 0 8 : 2 2 : 1 8 A M . A tt a c h m e n t B Pi c k l e B a l l I m p r o v e m e n t s T u e J u n 1 6 2 0 1 5 0 8 : 1 7 : 1 1 A M . Subject: Pickleball Date: Thu, 18 Jun 2015 16:39:35 -0600 From: Joe Rink <joerinkjr@gmail.com> To: Avon City Council <avoncouncilwb@avon.org> Dear Members........ We members of Vail Valley Pickleball want you to know that we enthusiastically support this wonderful game and the hope that you seriously consider adding two more courts. We re almost 100 strong so we can assure you that the courts would be consistently occupied. Joe Rink........Founder TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Kelly Huitt, Budget Analyst Date: June 16, 2015 Re: 2016-17 Budget Development and Approval Process Summary A calendar outlining the 2016 budget development and approval process, including Town Council work sessions, is attached for approval. Continuing the trajectory from last year’s inaugural attempt at creating a budget that plans for two years in the future, staff will soon begin work on the 2016-2017 biennial budget. The strategic plan is set for adoption in September along with presentations from staff regarding revenues, personnel, and community grant funding. The draft budget will be submitted to Council at the beginning of October in time for budget work sessions on October 13th and 27th. The public hearing, final budget adoption and certification of mill levies are scheduled to take place on December 8th. Dates for presentations and drafts of the Capital Projects Fund will largely follow the operating budget calendar. Attachments: 2016 Budget Calendar Town of Avon 2016 Budget Calendar Date Description Attendees 7/3/15 Deadline for 2016-2017 Personnel Changes Dept Heads, Virginia 8/3-8/30/15 Budget Entry by Department Heads and Budget Managers Dept Heads, Budget Mgrs 9/1-9/25/15 Budget Review with Town Manager and Department Heads Dept Heads, Virginia 9/8/15 Strategic Plan Adoption, Revenues and Personnel Presentation to Council Scott and Kelly 9/22/15 Community Grant Requests 10/7/15 Completion of Draft Budget for Town Council Budget Work Sessions Kelly 10/13/15 Town Council Budget Work Session Department Heads, Kelly 10/27/15 Town Council Budget Work Session Department Heads, Kelly 11/23/15 Notice of Public Hearing Published in Newspaper Debbie 12/8/15 Public Hearing and Adoption of 2016 Operating, URA, CIP Budgets, Scott and Kelly Certification of Mill Levies Items TBD:CIP Drafts/Presentations TOWN COUNCIL REPORT To: Honorable Mayor and Avon Town Council From: Matt Pielsticker, AICP, Planning Manager Date: June 17, 2015 Agenda Topic: Work Session | Review and Direction Regarding Historic Structures Summary The purpose of this work session is to obtain direction from the Council regarding two aged structures in Town. The buildings include the Nottingham Blacksmith Shop located at 2000 Hurd Lane, and the Hahnewald Barn located at 950 West Beaver Creek Boulevard. This report and attachments summarize their condition, age, historic significance, and potential for loss. Staff will begin the work session on June 23rd with an overview of Avon’s historic preservation efforts over the years, before introducing these two specific structures. Nottingham Blacksmith Shop The property upon which the Nottingham Blacksmith shop is located was recently sold from the Mederios family to Cory Phillips, who has no plans to keep the building. As part of the sale agreement, the structure will remain on the property for a period of time and is being offered (see attached e-mail from Louis Medeiros) to the Town of Avon for $20,000, plus moving expenses. If the Town does not acquire the building it will be moved elsewhere. Staff is seeking direction from the Town Council whether or not this project should be budgeted and/or pursued further. For a complete analysis of the Blacksmith Shop please refer to the attached Historical Background and Field Analysis, provided by Tatanka Historical Associates – dated November 10, 2008. The Analysis estimates that the building to be over 100 years old, and acknowledges it has been modified and moved at least twice over the years which inhibits some of its historical integrity. With that being said, the Analysis and letter from Jeanette Hix (attached) recommend preservation based on its “restorable condition,” rare nature being one of only a few remaining structures from Avon’s past, Nottingham family history, and interpretive opportunities if a new location can be identified. Hahnewald Barn The Hahnewald Barn (“Barn”) will likely be taken down by the owner, Eagle River Sanitation District (“District”), in the next year to accommodate plant improvements. The condition of the structure and foundation continue to deteriorate, adding safety concerns. If the District’s long range plans are implemented, the equipment that is currently being stored in the Barn will be moved to a new storage area elsewhere on the property. After exploring several options for relocation and funding opportunities, Jeanette Hix with the Avon Historic Committee has determined that there are no available options. Since the building is not eligible for National or State Register designation, there is no funding available from the HISTORIC PROPERTIES WORK SESSION PAGE 1 OF 2 Colorado State Register of Historic Properties. In a memorandum from Linn Brooks two years ago, the District indicated that they would be willing to contribute $36,000 to the Barn’s relocation project as that is the estimated cost to tear the Barn down and have the materials hauled to a disposal area. After further investigation last summer, the Historic Committee concluded that there is not enough space available in Eagle County to move the Barn except to 4 Eagle Ranch. However, with no funding available to pay for the dismantling, labeling and moving of the barn, the feasibility of moving the Barn to a new location in Town or elsewhere does not look viable. Attachments -Nottingham Blacksmith Shop Email from Louis Medeiros -Nottingham Blacksmith Shop Survey -Letter from Jeanette Hix regarding Nottingham Blacksmith Shop -Hahnewald Barn Survey -Vail Daily article on Hahnewald Barn HISTORIC PROPERTIES WORK SESSION PAGE 2 OF 2 1 Matt Pielsticker From:Louis Medeiros <lmedeiros55@gmail.com> Sent:Thursday, March 05, 2015 1:48 PM To:Matt Pielsticker Cc:coryp22@gmail.com Subject:Nottingham Blacksmith historic building. Dear sir, In reference to the Nottingham family blacksmith Historic log structure located at 2000 Hurd lane. A sale agreement has seen reached between the Doll family trust, and Cory Phillips, and is scheduled to close March 15,2015. It is the desire of both above parties to make available to the town of Avon for historical preservation, the sale of the "Blacksmith shop" the sale price is $20,000.00 Which is in addition to all moving expenses for the structure to also be at the town of Avon's expense. If an agreement is not able to be made with the town the structure will be otherwise relocated. Thank you for your consideration. Louis Medeiros, trustee. 970‐471‐2258 April 7, 2015 Avon Town Council: I was the president of the Avon Historic Committee when it was active from 2005 to 2010. The Avon Historic Committee was again codified in Town Code in 2013; however, no new appointments were made. While the Committee is not technically active, I continue to have a strong interest in historic preservation efforts in Avon given the few remaining tangible items that exist. I continue to consult with Matt Pielsticker and Avon Town residents contact me with questions they have about historic items. The Town of Avon has the same history and beginnings as the area that creates Beaver Creek, but it is not apparent. Guests and residents comment about all the old structures that line the golf course heading to Beaver Creek and skiing/snowboarding areas. These historic buildings create an ambiance that encompasses the entire picture of the area. There is no evidence of Avon’s Historic beginning unless you do research. Did you know that there are historic Indian sites within the Town of Avon? Shortly after the Town of Avon passed a resolution in 2005(and subsequent Ordinance in 2008) to create the Avon Historic Committee, the committee members did a historic survey and analysis report of historic structures and sites in the Town of Avon. The Hahnewald Barn, which I addressed to Town Council in the fall, and the Nottingham Blacksmith shop are two of the few remaining structures. Both are in imminent danger of being destroyed in the next 1‐2 years. Today, I address the Nottingham Blacksmith shop on Hurd lane. I was recently contacted by the owner who was selling the property. Just as the Hahnewald Barn, the owner does not want the historic structure on their property. I have contacted several nonprofits and there is the possibility that the Town of Avon could receive grants for the moving and restoration. Just as the Hahnewald barn, the State Historic Society will not contribute funds since the Blacksmith Shop has not been designated a State Historic site. The funds for the moving and restoration of the Blacksmith shop are smaller, and the structure is significantly smaller so finding funds is easier. I hope that the Town Council can give me guidance on these two projects and whether they are worth pursuing given the eminent future and their potential loss. An Update: The Town of Avon with the State Historic Society paid for the restoration of the Nottingham Power Plant. Once the ECO bike path is completed, and signs about the Nottingham Power Plant are erected on the bike path, the Nottingham Power Plant will be more visible to those walking and biking on the path and to those driving along Highway 6. The Avon Historic Committee does not have funds to create or erect these historic signs and I respectfully request that funding be made available for this effort. Regards, Jeanette Hix President, Avon Historic Committee Tatanka Historical Associates Inc. Bringing the Past to Life Historical Background and Field Analysis HAHNEWALD BARN Eagle River Water & Sanitation District 950 W. Beaver Creek Blvd. Avon, Colorado Completed by Tatanka Historical Associates, Inc. 612 S. College Ave., Suite 21 Fort Collins, CO 80524 tatanka@verinet.com 970.221.1095 22 December 2010 1 Tatanka Historical Associates Inc. Bringing the Past to Life Hahnewald Barn Eagle River Water & Sanitation District 950 W. Beaver Creek Blvd. Avon, Colorado Location, Setting, Use & Ownership The Hahnewald Barn is located on the north bank of the Eagle River, within a complex of buildings owned and operated by the Eagle River Water & Sanitation District. It is reached by way of an east-west access road known as Millie’s Lane that extends toward the east from W. Beaver Creek Blvd. and ends at the fenced, restricted access Water & Sanitation District property. The barn is located close to the river, in the southwest corner of the complex. It is surrounded by the Water & Sanitation District yard and buildings to the north and east; the Eagle River to the south; and a residential complex to the west. The building is currently used for storage. The yard area to the south of the barn is filled with piles of sand and gravel. Despite several requests, the Water & Sanitation District denied access to the barn. Consequently, the description and analysis found in this report had to be completed by viewing the building from Nottingham Park to the north and from across the Eagle River to the south. Despite these limitations, a reasonably adequate amount of information was obtained about the building. Future up- close inspection of the barn is likely to reveal additional information about its construction. Description of the Barn The Hahnewald Barn is a large wood frame building with a rectangular footprint. Measurements could not be obtained. It rests upon a raised concrete foundation that rises at least five feet above grade. The barn faces toward the west, although it appears to have a lower level entry on the north that is currently in use. The size and configuration of the barn suggests that it consists of either two or three levels on the interior. The lower level(s) would have historically housed livestock and farm equipment, and the upper level would have been used as a hayloft. On the exterior, the building’s walls are constructed of old, if not original, board and batten siding. The west elevation of the barn contains an entry into the lower level of the building. This entrance pierces the concrete foundation, and holds a pair of horizontal wood-plank doors with wood surrounds. A large handicap access 2 Tatanka Historical Associates Inc. Bringing the Past to Life symbol is painted on one of these doors. The concrete foundation along this elevation is angled along the top. Flanking the entry are two small windows, also set into the concrete foundation. One of these is boarded closed, and the other (near the southwest corner of the barn) is infilled with boards and a modern electric meter. Conduit rises upward from this meter, piercing the wall at a point just below the eave. The upper area of the west elevation holds a large hayloft door constructed of vertical wood planks. Centered above this is the projecting end of the hay rail. Two small windows are present in the upper wall. One of these holds a four-light window, and the other is boarded closed. The north and east elevations could not be documented because views were blocked by vegetation and buildings. View of the Barn from the Southwest. West and South Elevations. The south elevation is dominated by its raised concrete foundation, above which is the building’s board and batten wall. There are no entries on this elevation. A series of windows that are boarded closed are located along the length of the foundation wall. The wood wall above holds what appear to be two small windows that may also be boarded closed. Two broken lines of horizontal boards are found on the wall. One set is located just below the halfway point, and the other is just below the eaves. These may mark the locations of interior floors in the building, suggesting that there could be three levels rather than two. The barn’s roof is gabled with a clipped end on the west, and hipped on the east. It is finished with modern standing seam metal paneling. Standing along the ridgeline are three box-shaped ventilators. These are constructed of wood, with 3 Tatanka Historical Associates Inc. Bringing the Past to Life board and batten siding on the east and west, and louvers on the north and south. They each have a gabled standing seam metal roof. Alterations to the Barn While the historic Barn appears to be in good condition, it has been altered with one evident non-historic change. This involved replacement of what was probably a wood shingle roof with the standing seam metal roof that is found there today. This appears to have been completed during the past two decades. The current roof is bright and highly reflective. While functional, it detracts from the historic appearance of the building. In addition, several of the windows have been boarded closed. While this is an alteration, it does not appear to have damaged the building and can be reversed. Since it was not possible to inspect the building up close, or to see the north and east elevations, other changes that might have taken place there are currently unknown. View of the Barn from the Southeast. South Elevation. Historical Background The history of the Hahnewald Barn was assembled through a combination of archival research and interviews. A bibliography of the sources consulted is found at the end of this document. Constructed sometime between 1900 and 1910, the barn was originally owned by Albert and Frances Hahnewald. The couple arrived in the Avon area around that time and established a ranch along the north bank of the Eagle River. In the early 1980s, the log residence associated with the farmstead was moved a short 4 Tatanka Historical Associates Inc. Bringing the Past to Life distance to the north. This remains standing today along the southeast shore of Nottingham Lake. The fate of other farmstead buildings is unknown. Albert Hahnewald was born in Germany in 1867 and immigrated to the United States in 1881. His wife Frances was from Fredricksburg, Texas, a German immigrant town in the hill country where the couple appears to have met and married. They had three children and by the mid-1890s were living in Leadville, where Albert worked as a saloonkeeper. He had several brothers in the area who were engaged in mining and ranching. The family also owned the Colorado Bakery, which in addition to baked goods sold groceries, produce and confections. Albert and Frances left Leadville sometime between 1900 and 1910 and resettled down the Eagle River in the Avon area, where they acquired 160 acres in the vicinity of today’s Nottingham Lake. It appears that Albert’s father may have purchased the land and left it to his sons following his death. There the Hahnewalds constructed a log home and a large barn that formed the nucleus of a farmstead where they spent the following years raising livestock and growing feed crops such as grains and hay. The ranch operated under the corporate name Hahnewald Land & Livestock Co., and ran cattle from Red Canyon on the west to Gore Creek on the east. The Hahnewalds soon acquired additional acreage closer to Edwards, and it appears that by 1917 they had moved onto that property. In 1920 alone, the ranch operation produced more than 700 tons of hay. The following year, Albert participated in the formation of the Avon Stockgrowers’ Association. With twenty- six initial members, the organization elected Hahnewald secretary-treasurer. Albert died sometime around 1924. Paul Frederick Kroelling acquired the Avon property from the Hahnewalds in 1915 and moved his family there. He was born in Germany in 1864 and immigrated to the United States in 1889, where he settled in Leadville. In 1892, Paul married Anna Winters, who was also a native of Germany. They had two children, one of whom (Frederick) lived to adulthood. By the mid-1890s, the Kroellings were still residing in Leadville, where Paul owned a butcher shop and was a member of the volunteer fire department. They remained in Leadville until 1915, when they moved down the Eagle River to Avon. In October 1917, the Kroellings were busy harvesting ninety acres that they had planted with crops. This included twelve acres of potatoes producing two hundred sacks to an acre, thirty acres of oats, and the remainder in hay to feed their livestock. Much of the hay was likely stored in the large hayloft in their barn. The cattle were pastured on the property as well as along the Piney Divide. In 1921, Paul Kroelling was elected vice-president of the newly formed Avon Stockgrowers’ Association. During the 1920s, the Kroellings added head lettuce to the crops grown on their ranch. Paul died in 1938 on his Avon ranch and was buried in Leadville. Anna moved back to Leadville following her husband’s 5 Tatanka Historical Associates Inc. Bringing the Past to Life death. She passed on there in 1950. Their son Fred became a long-time resident of Carbondale. Around 1949, the former Hahnewald-Kroelling ranch was purchased by Allan Nottingham, a son of Harry A. Nottingham. He moved into the home there with his wife and children, and the family remained on the ranch until around 1972. During that time, Allan continued to operate the ranch. He eventually donated the land for Avon’s water treatment plant. Allan served on Avon’s first town council and was mayor for twelve years. In 1985, the historic ranchstead was dismantled, except for the barn, to make room for the Eagle River Water & Sanitation District’s water treatment plant. The large historic barn was left in place and converted into a storage facility. It remained standing for the next twenty-five years, and at around one hundred years old is still in use today for the same purpose. Conclusions Based upon the findings of this project, the following conclusions are made regarding the building:  The Hahnewald Barn is an important early 20th century remnant of the Avon community and its agricultural heritage. It was an essential part of the farmstead established between 1900 and 1910 by Albert and Frances Hahnewald on the north side of the Eagle River. From 1915 to 1938, the ranch was owned by, and served as the home of, Paul and Anna Kroelling. Both of these pioneer families lived in Leadville from the late 1800s to the early 1900s, and then migrated down the Eagle River into the Avon area to establish themselves as ranchers and farmers. In doing so, they followed a pattern of settlement that was common to the years immediately following the mining era. From around 1949 to 1972, the family of Allan Nottingham owned the farm. The Nottinghams were also prominent pioneers in the Avon area, and have been actively involved in civic affairs there through the present time. Allan was a town council member and served as Avon mayor for twelve years. Due to the barn’s history of ownership and use, it should probably be known as the Hahnewald-Kroelling-Nottingham Barn. This lengthy name could be shortened to just the “Hahnewald Barn” in recognition of the family that originally had it constructed. However, while the varied and important contributions of the Nottingham family to the settlement and development of Avon are well known and recognized, the lengthier name for this barn would allow the community to celebrate two more of Avon’s pioneer families. 6 Tatanka Historical Associates Inc. Bringing the Past to Life  Although the building is presumably in relatively good condition, access to the barn was not provided during the course of this study. Consequently, the building could not be inspected to determine more about its construction, uses, alterations, and condition. Alterations that could be observed were limited to changes to the roof and windows. The bright, reflective metal roof and boarded windows appear to be non-historic alterations, and have moderately diminished the building’s architectural integrity. Because of these changes, combined with a loss of integrity to the setting, the barn is unlikely to be eligible for National or State Register designation. However, it is a good candidate for local listing.  The Eagle River Water & Sanitation District has owned and maintained the barn since acquiring the property around 1985. It views the building as a large utility shed, and does not appear to be interested in any effort to document, landmark, or restore the barn. It would be helpful if the City could eventually convince the District to at least allow access for further inspection and documentation of this important resource, the single largest historic building that survives in Avon. Bibliography Carbonate Chronicle (Leadville) “The officers elected are as follows...” 22 April 1901, p. 2 “Society.” 4 September 1911, p. 6 Eagle Valley Enterprise “Brand Directory.” 18 August 1916, p. 4 “Brand Directory.” 1 March 1918, p. 4 “Albert Hahnewald was down from the ranch…” 28 January 1921, p. 5 “Stockgrowers of Avon District Form Association.” 25 March 1921, p. 4 “Obbie Hahnewald Commits Suicide.” 20 August 1926, p. 1 “Frances Hahnewald Buried in Denver.” 16 March 1950, p. 1 “Eagle County Farmers Are Still Busy.” 19 October 1917, p. 1 “Paul Hahnewald Dies,” 12 November 1937, p. 1 “Paul Kroelling one of the…” 24 February 1922, p. 5 “P. F. Kroelling Dies.” 13 July 1938 “Paul Kroelling.” 22 July 1938, p. 1 “Anna Kroelling.” 27 July 1950, p. 1 Hart, Bobby. Bob-O’s Turn in Avon, Colorado. Bloomington, IN: AuthorHouse, 2005. Leadville Daily Chronicle 7 Tatanka Historical Associates Inc. Bringing the Past to Life “The Colorado Bakery.” (advertisement) 26 May 1894, p. 3 “The Exciting Adventure of Two Young Men Who Went to the Woods.” 23 December 1897, p. 4 Nottingham, Allan. Interview with Ron Sladek. Conducted on 18 December 2009. United States Census Records. Lake County, Colorado, 1900 & 1910. United States Census Records. Eagle County, Colorado, 1910 & 1920. Printable - Dominique Taylor | dtaylor@vaildaily.com - Dominique Taylor | dtaylor@vaildaily.com If you go … What: The “Hahnewald” barn. Where: Avon, near the Eagle River Water and Sanitation District’s wastewater treatment plant. Current use: Storage for district equipment. Age: At least 100 years. Size: More than 100 feet long. Historic barn fading quickly in Avon Time, and lack of money, working against preservation March, 31 2013 Daily staff report newsroom@vaildaily.com Vail, CO Colorado AVON — Historic preservation is a tricky business. Sometimes, an old structure is simply too ravaged by time to save. A century-old barn in town may be in that sad category. The barn, originally built by the Hahnewald family sometime before 1910, is decaying, and quickly. The barn is owned by the Eagle River Water and Sanitation District and is currently used to store equipment. But even that simple use is deteriorating. District manager Linn Brooks said forklifts can no longer retrieve equipment from the upper level. The concrete foundation on the lower level is deteriorating, too. As old concrete does, it's decomposing into its original elements, leaving much of the barn held up by scaffolding. Beyond the steady deterioration of the building, the district also needs the property the barn sits on, and needs it fairly soon. The district will have to expand its Avon wastewater treatment plant to meet new federal water quality standards. That work will start in late 2017. In early 2016, the district will have to start work on a new building for equipment and vehicle storage, as well as maintenance. The barn now sits on the land for the new building. In preparation for that work, the district has budgeted money this year to tear down the old barn. That puts a ticking clock on efforts to preserve the building. In this case, though, preserving the building means moving it. Brooks was clear that there isn't enough room on the district's property for both new facilities and the crumbling barn. So, while the district will be glad to donate the building to any group that wants it, it has to go. That could be an expensive proposition. Town of Avon officials have a current estimate of more than $250,000 to move the barn and rebuild it so it's safe. The town doesn't have the money to do that work right now. http://www.vaildaily.com/apps/pbcs.dll/article?AI.../20130331/NEWS/130339977/-1/RSS&template=printart (1 of 2) [3/31/2013 8:46:15 PM] Printable Even if the money was available, there aren't many places in Avon to put a barn that's more than 100 feet long. “We need to see whether or not we can't come to a solution that works for everyone,” Avon Mayor Rich Carroll said. “We're exploring our options.” Council member Dave Dantas said in a perfect world, the barn would be moved and preserved as it is. But, he said, one practical solution would be to dismantle the structure and use pieces of it to build an event stage at Nottingham Park. “If we used parts for a stage, maybe we could find sponsors” to pay for the project, Dantas said. Jeannette Hicks and her husband live in Houston, but they own a condo near the Eagle River in Avon. A few years ago, Hicks helped lead an effort to restore and replace an old hydroelectric power plant that used to generate electricity for the Nottingham family's home and store. Hicks said she hopes town officials and residents can find a way to preserve the barn, so both residents and visitors can get at least a glimpse into early life in the area. Dantas agreed that it's important to preserve as much of the valley's past as possible. But, he said, any project “also has to be practical.” The next several months may determine if the barn is too far gone to save, in any form. Business Editor Scott N. Miller can be reached at 970-748-2930 or smiller@ vaildaily.com. http://www.vaildaily.com/apps/pbcs.dll/article?AID=/20130331/NEWS/130339977/-1/RSS&template=printart http://www.vaildaily.com/apps/pbcs.dll/article?AI.../20130331/NEWS/130339977/-1/RSS&template=printart (2 of 2) [3/31/2013 8:46:15 PM] FISCAL YEAR 2015 FINANCIAL REPORT June 23, 2015 ______________________________________________________________________________________ 1. Fiscal Year 2015 Financial Report Cover Memo 2. Sales and Accommodations Tax Reports - April 2015 3. Real Estate Transfer Tax Report and Monthly Detail - May 2015 4. General Fund Year-To-Date Expenditures - May 2015 5. Fleet Maintenance Fund Year-To Date Expenditures - May 2015 6. Transit Fund Year-To Date Expenditures - May 2015 TOWN COUNCIL REPORT To: Honorable Mayor Jennie Fancher and Avon Town Council From: Kelly Huitt, Budget Analyst Date: June 17, 2015 Re: Fiscal Year 2015 Financial Report – April / May Revenues: SALES TAX • Sales tax revenue for the month of April is up $21,720.86 or 5.69% compared to April 2014, and up 6.16% compared to the budget. This increase includes $10,195 from new businesses, and after adjusting for new business growth, 3.02% is the gain in revenue from existing business for the month. Year-to-date sales tax from new businesses makes up 47.11% of total year over year growth. April 2015 sales tax revenue is the highest ever for the month of April. • April collections are up compared to 2014 for most industries. Service Related businesses are up 92.95%, Sporting Goods Rental/Retail is up 10.37%, while Home/Garden and Other businesses are down -12.46% and -10.63% respectively. The large year over year increase in Service Related business is due to the wide variance in tax returns submitted by interior and architectural design firms. 2014/2015 Growth Growth Variance Existing Business New Business Home/Garden (4,958.04)-21.46%9.00% Grocery, Specialty, Health 10,860.98 9.62%0.59% Liquor Stores 831.72 4.75%0.00% Sporting Goods Retail/Rental 3,383.10 0.03%10.34% Miscellaneous Retail (596.00)-5.49%2.66% Accommodations 1,943.50 4.12%1.72% Restaurants/Bars 4,751.40 6.64%0.01% Other (5,127.47)-13.64%3.00% Service Related 10,631.67 92.72%0.22% Total $21,720.86 3.02%2.67% Category Sales Tax Monthly Totals ACCOMMODATIONS TAX • Accommodations tax revenue for April is up $3,199.11, or 10.12% compared to April 2014, and up 10.74% compared to the monthly budget. • April accommodations tax collections are up for Vacation rentals by 42.18% and Hotels by 20.24%, while Timeshares are down -12.85% for the month. REAL ESTATE TRANSFER TAX • 2015 real estate transfer tax collections for May equal $237,971.08. This is a 29.51% increase from May 2014, but ($71,873.12) under the estimated monthly budget. Chapel square was purchased in February of last year which added $490,000 to the total. If you remove this atypical transaction, 2015 year to date is actually up 13.07% or $76,977.62 compared to 2014 collections. • Year-to-date real estate transfer tax collections through May total 17.41% of the total 2015 estimated revenue. Expenditures: • General Fund expenditures through May 2015 total 43.46% of the revised budget totals. These expenditures include the annual Cirsa insurance payment as well as payments for several of the community grants. • Fleet expenditures to date are at 47.12% of the total budget. These costs include stock parts and several blanket purchase orders, which encumber funds for the year for ongoing expenditures such as regularly purchased shop supplies and monthly copier charges. • Transit funds are 43.65% expended compared to the annual budget. This includes encumbered funds for the purchase of one of two buses scheduled for acquisition in 2015. TOWN OF AVON SALES TAX 2015 Actual vs. Budget Budget YTD Collections Budget % of change 2010 2011 2012 2013 2014 2015 2015 Variance from 2014 January 515,009.18$ 511,040.76$ 519,784.89$ 677,943.78$ 638,863.27$ 636,040$ 765,195.68$ 129,155.19$ 19.77% February 504,752.59 532,903.25 533,546.48 636,702.27 673,722.03 670,745 788,999.06 118,253.83 17.11% March 620,937.20 665,532.70 643,910.29 720,267.31 793,301.96 789,797 875,499.53 85,702.73 10.36% April 309,937.09 305,269.73 304,220.84 307,407.13 381,839.56 380,152 403,560.42 23,407.99 5.69% May 242,830.16 236,424.93 270,082.79 309,938.72 340,332.28 338,829 June 377,920.42 406,828.27 430,588.57 490,329.18 538,517.31 536,138 July 421,975.98 452,873.44 472,215.40 537,479.66 570,959.86 568,437 August 361,702.25 419,977.29 455,439.86 504,332.25 547,085.80 544,669 September 359,139.22 391,546.49 424,793.75 475,362.88 546,016.59 543,604 October 288,859.84 299,193.35 341,711.43 356,925.96 417,921.46 416,075 November 284,528.70 301,407.41 336,060.63 362,460.94 397,935.36 396,177 December 818,360.74 921,815.61 852,868.64 981,917.79 1,221,263.98 1,215,868 Total 5,105,953.37$ 5,444,813.23$ 5,585,223.57$ 6,361,067.87$ 7,067,759.46$ 7,036,531$ 2,833,254.69$ 356,519.74$ 13.89% Actual Collections $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 2011 2012 2013 2014 2015 Year Sales Tax Collections for April TOWN OF AVON SALES TAX 2015 Actual vs. Budget $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 2011 2012 2013 2014 2015 YTD Sales Tax Collections $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 Sales Tax Monthly Comparison 2013-2015 2013 2014 2015 TOWN OF AVON ACCOMMODATIONS TAX 2015 Actual vs. Budget Actual Collections Budget YTD Collections Budget % of change 2010 2011 2012 2013 2014 2015 2015 Variance 2014 January 87,938.84$ 85,233.73$ 90,118.88$ 108,508.43$ 129,851.78$ 129,125$ 164,361.04$ 35,236.35$ 26.58% February 99,336.34 114,035.90 106,016.32 137,503.61 150,317.06 149,475 175,056.31 25,580.93 16.46% March 105,518.15 122,145.16 115,043.42 153,208.80 168,597.39 167,653 183,650.29 15,996.94 8.93% April 26,496.88 26,214.58 20,786.24 26,494.49 31,626.02 31,449 34,825.13 3,376.20 10.12% May 12,425.51 15,152.82 16,664.44 24,527.17 21,961.97 21,839 June 32,857.68 49,999.66 56,012.17 66,578.91 54,232.23 53,929 July 51,170.82 62,928.07 66,726.73 73,008.92 81,083.01 80,629 August 42,188.56 52,037.55 58,358.93 67,688.07 71,044.33 70,647 September 30,090.34 35,521.81 42,245.24 44,661.37 50,840.16 50,555 October 20,614.06 21,801.56 25,879.51 27,154.53 34,977.59 34,782 November 20,582.47 24,971.33 22,786.42 28,171.04 32,064.02 31,884 December 98,561.90 135,984.00 112,759.02 131,361.43 168,944.85 167,999 Total 627,781.55$ 746,026.17$ 733,397.32$ 888,866.77$ 995,540.41$ 989,966$ 557,892.77$ 80,190.42$ 16.13% - 5,000.00 10,000.00 15,000.00 20,000.00 25,000.00 30,000.00 35,000.00 2011 2012 2013 2014 2015 Accommodations Tax Collections for April Town of Avon Real Estate Transfer Tax 2015 Actual vs. Budget Budget YTD Collections $ change % of change 2010 2011 2012 2013 2014 2015 2015 2014 2014 January 237,133.00$ 57,540.00$ 50,204.00$ 22,535.00$ 85,126.74$ 160,101$ 48,640.40$ (36,486.34)$ -42.86% February 362,719.22 230,705.50 41,750.07 55,872.69 562,219.70 443,386 85,479.08 (476,740.62)-84.80% March 284,243.65 187,099.47 84,760.49 125,927.64 50,375.06 259,114 168,744.22 118,369.16 234.98% April 210,185.30 249,482.30 219,195.80 144,437.80 197,656.36 361,199 125,266.30 (72,390.06)-36.62% May 112,431.30 187,668.62 270,170.12 121,784.12 183,745.60 309,844 237,971.08 54,225.48 29.51% June 66,271.14 49,606.58 169,040.47 90,309.74 220,009.15 210,586 July 63,509.36 46,707.37 71,057.40 386,434.78 141,051.52 250,748 August 88,823.40 106,785.21 232,505.93 97,579.70 154,032.32 240,477 September 159,861.96 140,876.56 96,389.34 157,010.67 267,886.92 290,820 October 222,575.20 64,005.33 176,889.62 169,839.80 178,044.24 287,044 November 115,654.16 98,057.44 150,549.86 112,491.82 122,582.66 212,036 December 236,117.45 198,448.03 145,134.57 83,382.60 1,598,062.92 799,958 Total 2,159,525.14$ 1,616,982.41$ 1,707,647.67$ 1,567,606.36$ 3,760,793.19$ 3,825,312$ 666,101.08$ (413,022.38)$ -38.27% Budget 3,825,312.00 Variance, Favorable (Unfavorable)(3,159,210.92)$ Actual Collections $- $100,000.00 $200,000.00 $300,000.00 $400,000.00 $500,000.00 $600,000.00 $700,000.00 $800,000.00 $900,000.00 $1,000,000.00 $1,100,000.00 2011 2012 2013 2014 2015 YTD Real Estate Transfer Tax Collections Dept./Div.2015 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget General Government: Legislative: 111 Mayor and Town Council 235,171$ 25$ 83,071$ 152,075$ 35.33% 112 Boards and Commissions 15,299 - 4,564 10,735 29.83% 113 Town Attorney 155,000 100,174 56,768 (1,942) 101.25% 115 Town Clerk 124,747 14,089 46,155 64,503 48.29% Total Legislative 530,217 114,288 190,558 225,371 57.49% Judicial: 121 Municipal Court 100,234 11,488 37,131 51,615 48.51% Executive: 131 Town Manager 353,069 - 136,143 216,926 38.56% 133 Community Relations 125,360 - 33,033 92,327 26.35% Total Executive 478,429 - 169,176 309,253 35.36% Finance Department: 132 Human Resources 220,886 3,556 84,693 132,637 39.95% 141 Finance 774,084 23,539 282,937 467,608 39.59% 143 Information Systems 385,028 35,700 160,149 189,179 50.87% 149 Nondepartmental 389,293 22,933 258,802 107,558 72.37% Total Financial Administration 1,769,291 85,728 786,581 896,982 49.30% Total General Government 2,878,171 211,504 1,183,446 1,483,221 48.47% Community Development: 212 Planning 277,000 7,295 107,812 161,893 41.55% 213 Building Inspection 136,410 - 51,637 84,773 37.85% 214 Economic Development 215,144 1,165 61,798 152,181 29.27% 215 Town Produced Events 623,758 12,530 306,436 304,792 51.14% 216 Signature Event Seed Funding 5,000 - - 5,000 0.00% 217 Community Grants 197,850 - 116,440 81,410 58.85% Total Community Development 1,455,162 20,990 644,123 790,049 45.71% Police Department: 311 Administration 595,431 15,784 224,249 355,398 40.31% 312 Patrol 2,162,311 48,101 796,088 1,318,122 39.04% 313 Investigations 243,481 - 95,753 147,728 39.33% Total Police 3,001,223 63,885 1,116,090 1,821,248 39.32% Department Expenditure Summaries General Fund May 2015 Expenditures to Date Dept./Div.2015 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget Department Expenditure Summaries General Fund May 2015 Expenditures to Date Public Works: 412 Engineering 488,935 936 85,778 402,221 17.74% 413 Roads and Bridges 1,515,799 113,283 574,612 827,904 45.38% 415 Parks 1,029,776 60,586 372,645 596,545 42.07% 418 Buildings & Facilities 1,121,795 127,143 421,391 573,261 48.90% Total Public Works 4,156,305 301,948 1,454,426 2,399,931 42.26% Parks and Recreation: 514 Administration 198,528 6,581 89,997 101,950 48.65% 515 Adult Programs 27,671 40 10,916 16,715 39.59% 516 Aquatics 436,309 8,746 173,977 253,586 41.88% 518 Fitness 138,344 227 89,258 48,859 64.68% 519 Guest Services 252,537 3,638 100,513 148,386 41.24% 521 Youth Programs 121,498 2,687 27,850 90,961 25.13% 522 Cabin 28,241 - 5,878 22,363 20.81% Total Parks and Recreation 1,203,128 21,919 498,389 682,820 43.25% TOTAL OPERATING EXPENDITURES 12,693,989$ 620,246$ 4,896,474$ 7,177,269 43.46% Dept./Div.2015 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES Public Works: 434 Fleet Maintenance 1,698,851$ 57,781$ 742,750$ 898,320$ 47.12% Total Operating Expenditures 1,698,851 57,781 742,750 898,320 47.12% TOTAL EXPENDITURES 1,698,851$ 57,781$ 742,750$ 898,320$ 47.12% Expenditure Summary Fleet Maintenance Enterprise Fund May 2015 Expenditures to Date Dept./Div.2015 Encumbrances Year To Date Available Number Description Budget Outstanding Expenditures Balance YTD/Budget EXPENDITURES 431 Transit Administration 244,086$ 8,279$ 100,148$ 135,659$ 44.42% 432 Transit Operations 1,563,787 157,327 563,365 843,095 46.09% 435 Wash Bay 221,246 1,417 55,202 164,627 25.59% Total Operating Expenditures 2,029,119 167,023 718,715 1,143,381 43.65% TOTAL EXPENDITURES 2,029,119$ 167,023$ 718,715$ 1,143,381$ 43.65% Expenditure Summary Transit Enterprise Fund May 2015 Expenditures to Date