Loading...
TC Packet 02-23-2021_______________________________________________________________________________ MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING, CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS. AVON TOWN COUNCIL MEETING AGENDA TUESDAY, FEBRUARY 23, 2021 MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE) !! SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:00 PM 1.CALL TO ORDER AND ROLL CALL 5:00 2.APPROVAL OF AGENDA 3.DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS 4.PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA Public comments are limited to three (3) minutes. The speaker may request an additional one (1) minute, which may be approved by a majority of Council. 5.BUSINESS ITEMS 5.1. Presentation: Eagle Valley Land Trust Partnership and update on last summer's programs on the West Avon Preserve (Oliver Skelly, Community Conservation Coordinator at the Eagle Valley Land Trust) (15 Minutes) 5:15 5.2. Proclamation: One Book One Valley (OBOV) 2021 (Lori A. Barnes, Director of Library Services for Town of Vail) (5 Minutes) 5:30 5.3. Notice of Award Recreation Center Locker Room Remodel Project (Town Engineer Justin Hildreth) (15 Minutes) 5:35 5.4. Discussion Walmart Reusable Plastic Bags (Intern Emily Myler) (20 Minutes) 5:50 6.MINUTES 6.1. Approval of February 9, 2021 Regular Council Meeting Minutes (Town Clerk Brenda Torres) (5 Minutes) 6:10 7.WRITTEN REPORTS 7.1. February 16th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams) 7.2. Updated Avon Brand Guidelines (Communications Manager Elizabeth Wood) 7.3. Capital Improvement Plan Projects 2018-2019-2020 (Town Engineer Justin Hildreth) 7.4. Upper Eagle Regional Water Authority Jan 28, 2021 Meeting Summary (Mayor Smith Hymes) 7.5. Update on Temporary & Permanent Art Installations (CASE Manager Danita Dempsey) 8.MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 6:15 9.EXECUTIVE SESSION 9.1. For personnel matters pursuant to Sec. 24-6-402(4)(f) regarding the annual Town Manager performance evaluation process. (30 Minutes) 6:30 10.ADJOURN 7:00 Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05. Eagle Valley Land Trust protects forever the lands we love, building a permanent legacy for future generations MISSION •Land Conservation •Conservation Easements •EVLT holds 37 CEs •over 13,000 acres •Private and Public •Towns and Eagle County •Stewardship •Annual monitoring obligation for compliance •Community Conservation •Education & Advocacy PROGRAM AREAS 80% of Eagle County is publicly owned, other 20% is… …our river valleys …where we live …accessible …critical for wildlife WHY CONSERVE? Eagle Valley Circa 1960 (White= Ranches) Eagle Valley Today (Gray= Subdivisions) Community Conservation recap from summer 2020 West Avon Preserve –478 acres with 12 miles of public trails PUBLIC ACCESS Drew Isaacson during the 2020 monitoring visit Permanent protection of 478 acres of wildlife habitat in Avon, including wildflowers and pollinators (REPLACE WITH PENSTEMON PICS!) HABITAT Permanent protection of beautiful aspen groves, sagebrush habitat and other scenic views along I-70 SCENIC BEAUTY •Landowners promise to limit development •Land Trusts are the other party to the contract •Tax Benefits and Cash •Landowner can keep doing what they’ve always done •Future owners are bound CONSERVATION EASEMENTS •Land and Rivers Program •Conservation Easements LAND AND RIVERS PARTNERSHIP Oliver Skelly Community Conservation Coordinator oliver@evlt.org Thank you for your support. Together, we are conserving more of the places we love FOREVER. TO: Honorable Mayor Smith Hymes and Council Members FROM: Ineke de Jong, General Government Manager RE: Proclamation One Book One Valley 2021 DATE: February 18, 2021 SUMMARY: Lori Ann Barnes with Vail Public Library will attend Tuesday’s meeting to present information about One Book One Valley 2021. Mayor Smith Hymes will read aloud the attached proclamation promoting the 2021 One Book One Valley initiative. ATTACHMENTS: Attachment A: One Book One Valley 2021 Proclamation Attachment B: 2021 Book Poster OFFICIAL PROCLAMATION ONE BOOK ONE VALLEY 2021 A valley-wide Community Read sponsored by the Towns of Avon, Eagle, Gypsum, Minturn, Red Cliff and Vail WHEREAS, Community Read programs have united and uplifted hundreds of cities and principalities throughout the United States of America; and WHEREAS, the book “Lab Girl” by Hope Jahren (acclaimed scientist who has built three laboratories in which she’s studied trees, flowers, seeds, and soil) was published in 2016 and is now available in paperback, large print, eBook & eAudiobook formats. This book is a Winner of the National Book Critics Circle Award and a New York Times Notable Book; and, WHEREAS, this Eagle Valley Community Read is the 10th Anniversary year of the One Book One Valley initiative and, as such, we applied for and were awarded an NEA Big Read grant to host the National Endowment for the Arts Big Read in Eagle County. The NEA Big Read, an arts endowment initiative in partnership with Arts Midwest, broadens how the community understands the world, different communities and fellow humans through the joy of sharing a good book; and, WHEREAS, this Eagle Valley Community Read will feature book discussions by a number of groups and organizations throughout the county; a variety of special related programs hosted by the partnering organizations including, new this year, Betty Ford Alpine Gardens, Walking Mountains Science Center and the Town of Vail’s Department of Environmental Sustainability; and, a special Guest Appearance by the author; and, WHEREAS, the Vail Public Library, in collaboration with the Bookworm of Edwards, Colorado Mountain College, Battle Mountain High School, Eagle Valley High School and Vail Mountain School have resolved to bring this valley-wide Community Read program to the citizens of Eagle County; and, WHEREAS, the One Book One Valley initiative will encourage literacy and shared enjoyment of reading throughout Eagle County, NOW, THEREFORE, we, the Town Council of the Town of Avon, Colorado, do hereby promote the One Book One Valley initiative and officially announce and promote the book “Lab Girl” to all Eagle County residents for their enjoyment and the enjoyment of all. ATTACHMENT A Join us in sharing a common topic and conversation throughout Eagle County. A COLLABORATIVE PROGRAM BROUGHT TO YOU BY Hosted virtually by Betty Ford Alpine Gardens WEDNESDAY, JANUARY 20 | 6 p.m. Dr. Steve Ruskin - Amazing Alice Eastwood, Canadian American botanist Hosted by & at Walking Mountains Science Center SATURDAY, FEBRUARY 6 | 2 - 4 p.m. STEM Family Event Hosted virtually by Betty Ford Alpine Gardens WEDNESDAY, FEBRUARY 17 | 6 p.m. Emily Griffoul - Saving the Alpine One Seed at a Time Hosted virtually by Betty Ford Alpine Gardens WEDNESDAY, MARCH 17 | 6 p.m. Dr. Chris Ray - Adventures in the Life of a Field Ecologist Hosted virtually by Vail Public Library THURSDAY, APRIL 1 | 5:30 p.m. Ethnobotany Program Ute Culturally Modified Trees For more information, visit onebookonevalley.com NEA Big Read is a program of the National Endowment for the Arts in partnership with Arts Midwest Co-Hosted virtually SATURDAY, APRIL 17 10 a.m. Virtual Author Event with Hope Jahren Meet Hope Jahren and discuss her book Hosted by Town of Vail Department of Environmental Sustainability APRIL 19 - 23 Earth Day Seed Exchange Hosted by Town of Vail Department of Environmental Sustainability LATE MAY Restore the Gore Volunteer Tree Planting EAGLE COUNTY BOOK DISCUSSIONS Book discussions will be held throughout Eagle County For more information, visit onebookonevalley.com 1 0 t h A N N IVERSARY THIS YEAR’S BOOK ® ATTACHMENT B 970-748-4045 jhildreth@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Justin Hildreth, Town Engineer John Curutchet, Recreation Director RE: Notice of Award – Recreation Center Locker Room Remodel Project DATE: February 19, 2021 SUMMARY: Staff requests Council authorization to issue Notice of Award for construction of the Recreation Center Locker Room Remodel Project as approved in the Town of Avon 2021 Capital Projects Fund to Catalyst Construction, LLC. DISCUSSION: The Recreation Center Locker Room Remodel Project generally consists of the replacement of lockers, shower and restroom partitions, new tile and painting. The existing lockers are recommended to be replaced because they are at the end of their useful life, parts are no longer readily available and are difficult to maintain. The partitions will be replaced to match the lockers and tile is being installed because it will have more slip resistance than the existing flooring, reducing falls. This project will enhance and improve the existing facility and keep it current with modern trends and standards. Staff advertised the Project for (3) weeks on the Town website, local newspapers, and on Bidnetdirect.com beginning on July 31st, 2020. The Bid Opening was held on September 10th and 5 bids were received: Catalyst Construction, LLC $198,893.00 Ford Construction, CO $243,097.00 Hess Contracting, Inc. $362,887.00 Rapid Restoration $341,634.00 GE Johnson $536,652.10 Staff recommends issuance of the Notice of Award to the low bidder, Catalyst Construction, LLC (“Catalyst”). Catalyst is based in Denver and this project will be managed from the Grand Junction office. The project manager has worked successfully for the Town with a previous employer on the Avon Regional Transit Facility project. Catalyst learned that the original specified lockers used a particle board material that was not moisture resistance and recommended a phenolic core (heavy duty plastic) locker that can withstand moisture lockers and is expected to be much more durable. We are recommending that the locker material be changed from particle board to a heavy-duty plastic material that will increase the warranty from 3-years to 10-years for an additional $49,370. Staff also requested a change of tile to modernize the aesthetic, from a 2-inch square tile to a 36-inch by 6-inch wood grain style for an additional $9,352. The upgrades to the lockers and tile increase the construction cost from $198,893 to $257,615. CONSTRUCTION SCHEDULE: The current schedule is to complete the project by the end July. The lead time for the lockers is approximately 8-weeks and construction will start once they are delivered. Once delivered, the project is expected to take 4 to 6 weeks. The Recreation Center will remain open during the locker room remodel. The locker rooms are currently closed due to COVID-19 public health orders. FINANCIAL CONSIDERATIONS: The current Capital Projects Fund (“CPF”) budget includes $220,435 for Page 2 of 2 the project. Adding a 10% contingency increases the budget to $283,377. The project budget will require an additional $62,942 and be amended in the next Capital Projects Fund budget amendment. The Project cost estimate is shown in Table 1 below and includes 10% construction contingency. Table 1: Recreation Center Locker Room Remodel Project Available Funds in 2020 Budget: $ 220,435 Additional Requested Funds $ 62,942 Construction Cost $ 257,615 Contingency (10%) $ 25,762 Total $ 283,377 RECOMMENDATION: I recommend Council authorization to award the Recreation Center Locker Room Remodel Project contract to the low bidder, Catalyst, in the amount of $257,615 and adjust the project budget to $283,377. PROPOSED MOTION: “I move to authorize issuance of the Notice of Award for the Recreation Center Locker Room Remodel Project contract to the low bidder, Catalyst, in the amount of $257,615 and in the next CPF budget amendment transfer $20,435 from the Recreation Center Weight Room Expansion Project and add $62,942 from the Capital Projects Fund to this project.” Thank you, Justin 970-748-4061 emyler@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Emily Myler, General Government Intern RE: Walmart Reusable Plastic Bags DATE: 2 February 2021 SUMMARY: In January of 2021, Staff learned that Walmart Supercenter #1199, located at 171 Yoder Ave in Avon, CO, is planning to introduce a new type of reusable plastic bag which will be provided to patrons at no cost to carry purchased items. The bags are made of 2.25 mil thick plastic, and Walmart states that they can be reused up to 125 times, can carry 18 pounds and can be cleaned and disinfected regularly. As described, the proposed plastic bags meet the standards of a reusable bag outlined in Avon’s Municipal Code, Chapter 8.38 [Attachment 1]. Staff is bringing this matter to Council’s attention because there may be concerns that the proposed reusable bags are similar enough to the previous disposable bags that they are likely to not be reused. This report presents relevant information and options for Council consideration. BACKGROUND: In October 2017, Avon Town Council passed Ordinance 17-08 Adopting a New Chapter 8.38 of Title 8 of the Avon Municipal Code Establishing Disposable Bag Requirements, Including a Paper Bag Fee and Providing for the Collection and Designation of Such Fee. The Chapter outlawed the distribution of disposable plastic bags by retailers and established a $0.10 fee for each disposable paper bag distributed by retailers beginning May 2018. Chapter 8.38 describes its purpose as “to protect the public health, safety and welfare, to address the environmental problems associated with disposable bags, and to relieve the Town taxpayers of the costs imposed upon the Town associated with disposable bags. The intent of the Chapter is to encourage the use of reusable bags” [Section 8.38.010]. On March 27, 2020, the Town Manager issued an order to suspend the $0.10 fee for paper bags in response to the COVID-19 pandemic. The suspension is still in place as of the writing of this report. The current intention is to keep the suspension in place until either the Eagle County COVID-19 Public Health Orders or Avon’s emergency declaration is repealed. ANALYSIS: Peer Community Review: Nine peer communities with ordinances regulating the distribution of disposable bags were examined for this report [see Attachment 2]. Of the nine, six had a definition of “reusable bag” almost the same as Avon’s. These definitions included the requirements that a reusable bag “Is designed and manufactured to withstand repeated uses over a period of time; Is made from a material that can be cleaned and disinfected regularly; Is at least two and one-fourth (2.25) mils thick if made from plastic; and Has the capability of carrying a minimum of eighteen (18) pounds” [Avon Municipal Code, Chapter 8.38,section 8.38.020]. Many other communities added a requirement that the bags must have a lifetime of at least 75 uses. The three remaining communities focus on the material of the bag: Frisco and Breckinridge both require that bags be “made of canvas, woven polypropylene, or similar types of durable materials.” Breckinridge recently excluded all bags made of plastic from this definition, regardless of thickness and durability and Frisco implemented a requirement that plastic bags be made of at least 40 percent recycled material. Telluride requires a reusable bag “that is specifically intended for multiple reuse and is made of cloth, fiber, or other machine washable fabric that is at least 2.25 millimeters thick. Both Steamboat Springs and Frisco have a Walmart store within their boundaries. Frisco is not planning to allow the bags as they are outside the definition of “reusable bag” in their Municipal Code and are not made Page 2 of 9 of any recycled material, as is required of disposable bags. Like Avon, Steamboat Springs’ Code does allow the new bags, but the City was able to reach an agreement with their Walmart location to not use them. FINANCIAL CONSIDERATIONS: The proposed bags would replace the need to provide paper bags at Walmart Superstore #1199 and remit $0.10 per bag to the Town of Avon, impacting the Town’s budget. According to the budget [Attachment 3], The Town collected $73,601 in paper bag fees in 2019. Walmart alone contributed to $28,819 or approximately 39 percent of the total [Attachment 4]. The funds from the paper bag fees are used for various waste-management and sustainability programs including the production and distribution of Town of Avon reusable bags, education on recycling and waste management and infrastructure to reduce waste and increase recycling [Avon Municipal Code, Chapter 8.38, Section 8.38.50]. (Note: As of the writing of this report, the Town has suspended the paper bag fee due to COVID-19. The effects described above will not occur until the time when the Town reinstates the bag fee, which is at this point unknown.) OPTIONS: 1) Amend Chapter 8.38 of the Avon Municipal Code to include a definition of “reusable bag” that either does not allow plastic bags regardless of thickness, or to requires plastic bags include an amount of recycled material, as exemplified by Breckinridge and Frisco respectively [see Attachment 2]. a) Pros: This option would prevent any increase in waste caused by the introduction of the new Walmart bags. This option would also maintain the paper bag fees collected by the Town from Walmart Superstore #1199. b) Cons: Since the bags are not yet available, Staff can only predict how the public will use them and may not be correct. If the public does reuse the bags as designed, they would be a sustainable and cost-effective alternative to paper bags. 2) Require Walmart Superstore #1199 to change the bags in a way that invites reuse (i.e. including the artwork that will go on the Town’s reusable bags, changing the texture and shape etc.) a) Pro: The option gives the Town an opportunity to help design the bags to be an effective tool for sustainability in Avon. b) Con: Walmart Inc. may not be amenable to changing the bags and the Town would still lose the paper bag fees from Walmart Superstore #1199. The public may still not reuse the bags. 3) Request that Walmart Superstore #1199 not use the bags as Steamboat Springs has done. a) Pro: No changes to the Municipal Code need to be made and the Town will continue to receive paper bag fees from Walmart once the fee resumes. b) Con: Success depends on Walmart Superstore #1199’s willingness to work with the Town and there would be no decrease in paper bag waste. 4) Allow Walmart Superstore #1199 to use the bags as they are. a) Pro: If used as intended, the bags could decrease the use of paper bags and lift the financial burden of buying bags from the consumer. b) Con: If not used as intended, this option would likely increase the plastic waste going to landfill. The Town would also lose the paper bag fees from Walmart Superstore #1199. Page 3 of 9 ATTACHMENTS: Attachment 1. Town of Avon, Colorado Ordinance 17-08 Attachment 2. Comparison of Peer Communities’ Reusable Bag Definitions Attachment 3. Town of Avon 2021 Adopted Budget, Section IV, Page 19 Attachment 4: Paper Bag Fees from Walmart in 2019 Attachment 5: Image of Proposed Walmart Reusable Bags Attachment 6: Spec Sheet of Proposed Walmart Reusable Bags Thank you, Emily Page 4 of 9 Attachment 1: Town of Avon, Colorado Ordinance 17-08 Page 5 of 9 Attachment 2: Comparison of Peer Communities’ Reusable Bag Definitions Peer Community Reusable Bag Definition Avon Plastic disposable bags not allowed $0.10 fee for disposable paper bags Reusable bag: a bag that: 1. Is designed and manufactured to withstand repeated uses over a period of time; 2. Is made from a material that can be cleaned and disinfected regularly 3. Is at least two and one-fourth (2.25) mils thick if made from plastic; and 4. Has the capability of carrying a minimum of eighteen (18) pounds. Frisco $0.25 fee for paper and plastic disposable bags. Reusable bag: means a bag made of canvas, woven polypropylene, or similar types of durable materials Updated in 2020 to require disposable paper and plastic disposable bags be made of at least 40 percent recycled material Carbondale Disposable plastic bags not allowed $0.20 fee for disposable paper bags Reusable bag means a bag that: (1) Is designed and manufactured to withstand repeated uses over a period of time; (2) Is made from a material that can be cleaned and disinfected regularly; (3) Is at least 2.25 millimeters thick if made from plastic; (4) Has a minimum lifetime of 75 uses; and (5) Has the capability of carrying at least 18 pounds. Vail Disposable plastic bags not allowed $0.10 fee for disposable paper bags REUSABLE BAG: A bag that: A. Is designed and manufactured to withstand repeated uses over a period of time; B. Is made from a material that can be cleaned and disinfected regularly; C. Is at least two and one-fourth (2.25) mils thick if made from plastic; and D. Has the capability of carrying a minimum of eighteen (18) pounds. (Ord. 2(2015) § 1) Telluride Disposable plastic bags not allowed $0.10 fee for disposable paper bags Reusable Carryout Bag means a bag that is specifically intended for multiple reuse and is made of cloth, fiber, or other machine washable fabric that is at least 2.25 millimeters thick. . Boulder $0.10 fee for paper and plastic disposable bags “Reusable Bag” means a bag that is: (a) Designed and manufactured to withstand repeated uses over a period of time; (b) Is made from a material that can be cleaned and disinfected regularly; (c) That is at least 2.25 mil thick if made from plastic; (d) Has a minimum lifetime of 75 uses; and (e) Has the capability of carrying a minimum of 18 pounds. Paper disposable bags must be made of recycled material Aspen Reusable Bag. The term Reusable Bag means a bag that is: Page 6 of 9 Disposable plastic bags not allowed $0.20 fee for disposable paper bags. (a) Designed and manufactured to withstand repeated uses over a period of time; and (b) Is made from a material that can be cleaned and disinfected regularly; and (c) That is at least two and one-quarter (2.25) mil thick if made from plastic; and (d) Has a minimum lifetime of seventy-five (75) uses; and (e) Has the capability of carrying a minimum of eighteen (18) pounds. Breckinridge Plastic bags not allowed $0.10 fee for disposable paper bags REUSABLE BAG: A plastic bag that is at least 2.25 mils thick or a bag made of canvas, woven polypropylene, or similar types of durable materials. Updated in 2021 to not allow plastic bags regardless of thickness and required paper bags be made of at least 40 percent recycled material. Steamboat Springs Disposable plastic bags not allowed $0.20 fee for disposable paper bags The term Reusable Bag means a bag that is: (a) Designed and manufactured to withstand repeated uses over a period of time; and (b) Is made from a material that can be cleaned and disinfected regularly; and (c) That is at least 2.25 mil thick if made from plastic; and (d) Has a minimum lifetime of seventy five uses; and (e) Has the capability of carrying a minimum of eighteen pounds. Dillon (to be implemented) Disposable plastic bags not allowed Fee for disposable paper bags Reusable bag means a bag that is: A. Designed and manufactured to withstand repeated uses over a period of time; B. Is made from a material that can be cleaned and disinfected regularly; C. That is at least two and one-quarter (2.25) mil thick if made from plastic; D. Has a minimum lifetime of at least seventy five (75) uses; and E. Has the capability of carrying a minimum of eighteen (18) pounds. Page 7 of 9 Attachment 3: Town of Avon 2021 Adopted Budget, Section IV, Page 19 Page 8 of 9 Attachment 4: Paper Bag Fees from Walmart in 2019 Account Business Item Total Paid Period Due 2065 Walmart Stores Inc Disposable Paper Bag Fee 2,836.40 1/1/2019 2/20/2019 2065 Walmart Stores Inc Disposable Paper Bag Fee 2,689.70 2/1/2019 3/20/2019 2065 Walmart Stores Inc Disposable Paper Bag Fee 2,827.80 3/1/2019 4/22/2019 2065 Walmart Stores Inc Disposable Paper Bag Fee 1,648.80 4/1/2019 5/20/2019 2065 Walmart Stores Inc Disposable Paper Bag Fee 2,427.80 5/1/2019 6/20/2019 2065 Walmart Stores Inc Disposable Paper Bag Fee 2,562.20 6/1/2019 7/22/2019 2065 Walmart Stores Inc Disposable Paper Bag Fee 2,950.30 7/1/2019 8/20/2019 2065 Walmart Stores Inc Disposable Paper Bag Fee 2,287.20 8/1/2019 9/20/2019 2065 Walmart Stores Inc Disposable Paper Bag Fee 1,703.60 9/1/2019 10/21/2019 2065 Walmart Stores Inc Disposable Paper Bag Fee 1,901.60 10/1/2019 11/20/2019 2065 Walmart Stores Inc Disposable Paper Bag Fee 1,877.80 11/1/2019 12/20/2019 2065 Walmart Stores Inc Disposable Paper Bag Fee 3,105.80 12/1/2019 1/21/2020 Total for 2019: 28,819.00 Page 9 of 9 Attachment 5: Image of Proposed Walmart Reusable Bags Test Report No. PR100697 Rev. 1 Page 1 of 17 This report and the information contained herein represents the results of testing of only those articles/products identified in this document and selected by the client. The tests were performed to specifications and/or procedures approved by the client. National Technical Systems (“NTS”) makes no representations expressed or implied that such testing fully demonstrates efficiency, performance, reliability, or any other characteristic of the articles being tested, or similar products. This report should not be relied upon as an endorsement or certification by NTS of the equipment tested, nor does it present any statement whatsoever as to the merchantability or fitness of the test article or similar products for a particular purpose. This document shall not be reproduced except in full without written approval from NTS. www.nts.com National Technical Systems Main: 714-999-1616 1435 Allec Street Fax: 714-999-1636 Anaheim, CA 92805 Date: SEPTEMBER 17, 2019 Customer: Superbag Operating 9291 Baythorne Drive Houston, TX 777041 Purchase Order Number: 01467800 REUSABLE GROCERY BAG TESTING SPECIFICATION: Senate Bill 270 Reusable Grocery Bags TESTS: Capacity Test, Walking Test, ASTM D6988-Determination of Thickness, Washability, Visual Inspection, XRF for Heavy Metals TEST ITEMS: Date Received: 6/3/2019 Sample Identification: Reusable Small 3 Bag Dimensions: 11.5”x6.5”x20.0” This is to certify that the test samples were subjected to the reusable bag testing according the specification above. See Page 2 for Summary of Test Results. Test data, photographs and equipment list are attached. Kevin Belisario Preparer and Technical Reviewer Department Manager Daniel Robertson Quality Representative Attachment 6: Spec Sheet of Proposed Walmart Reusable Bags Test Report No. PR100697 Rev. 1 Page 2 of 17 REVISIONS Revision Reason for Revision Date NR Initial Release 6/14/2019 1 Updated visual inspection photo on page 6. Added XRF for heavy metals results on page 12-13.9/17/2019 SUMMARY OF TEST RESULTS Test Sample Identification Results Visual Inspection Reusable Small 3 Met requirement Thickness Reusable Small 3 Met requirement Capacity Reusable Small 3 Met requirement Walking Reusable Small 3 Met requirement Washability Reusable Small 3 Met requirement XRF for Heavy Metals Reusable Small 3 Met requirement Test Report No. PR100697 Rev. 1 Page 3 of 17 Washability REQUIREMENT There shall be no physical change or deterioration to product after being washed by hand or cleaned with a household cleaner. METHOD Each bag was cleaned with liquid dish soap and water per the bag instructions. The bag was then visually inspected for material degradation. RESULTS No major defects or physical change was observed after being hand washed with a liquid soap and water. SAMPLE IDENTIFICATION Significant defects or physical change observed?RESULT Reusable Small 3 none Met requirement TEST SAMPLE IDENTIFICATION:Reusable Small 3 TEST PROCEDURES:SB270 TEST METHOD VARIATION(S):None SAMPLE PREP PERFORMED BY:N/A TEST(S) PERFORMED BY:K. Belisario TEST PERFORMED AT:1435 S. Allec St., Anaheim CA 92805 TEST DATE:6/3/2019 Test Report No. PR100697 Rev. 1 Page 4 of 17 Visual Inspection VISUAL INSPECTION Sample Identification:Reusable Small 3 REQUIREMENTS Physical Characteristics: A. Product shall have handles Labeling: B. The name of the manufacturer C. The country where the bag was manufactured D. A statement that the bag is reusable and designed for at least 125 uses. E. If the bag is eligible for recycling in the state, instructions to return the bag to the store for recycling or to another appropriate recycling location. If recyclable in the state, the bag shall include the chasing arrows recycling symbol or the term “recyclable,” consistent with the Federal Trade Commission guidelines use of that term, as updated. F. Label shall be permanently attached and be visible to the consumer. RESULTS Met requirement Did not meet requirement Not Applicable Comment Physical Characteristics Results: A.Yes N/A Labeling Results: B.Yes N/A C.Yes N/A D.Yes N/A E.Yes N/A F.Yes N/A TEST SAMPLE IDENTIFICATION:Reusable Small 3 TEST PROCEDURES:SB270 TEST METHOD VARIATION(S):None EQUIPMENT USED:See Equipment Page SAMPLE PREP PERFORMED BY:N/A TEST(S) PERFORMED BY:K. Belisario TEST PERFORMED AT:1435 S. Allec St., Anaheim CA 92805 TEST DATE:5/28/2019 Test Report No. PR100697 Rev. 1 Page 5 of 17 Visual Inspection - Photos Figure 1 Figure 2 Test Report No. PR100697 Rev. 1 Page 6 of 17 Visual Inspection - Photos Figure 3 Test Report No. PR100697 Rev. 1 Page 7 of 17 Capacity Test REQUIREMENT A capacity of less than 15 liters (15,000cm3) is cause for rejection. METHOD Fill reusable bag with granular material. Using a graduated container measure the volume of material in the plastic bag in liters. RESULTS SAMPLE IDENTIFICATION Bag was able to hold and withstand 15 liters of material?RESULT Reusable Small 3 Yes Met requirement TEST SAMPLE IDENTIFICATION:Reusable Small 3 TEST PROCEDURES:SB 270 TEST METHOD VARIATION(S):None EQUIPMENT USED:See Equipment Page TEST(S) PERFORMED BY:J. Juarez TEST PERFORMED AT:1435 S. Allec St., Anaheim CA 92805 TEST DATE:5/28/2019 Test Report No. PR100697 Rev. 1 Page 8 of 17 Capacity Test – Photos Figure 4 Test Report No. PR100697 Rev. 1 Page 9 of 17 Thickness REQUIREMENT Film thickness shall be at least 2.25 mils for plastic bags. METHOD Determination of the thickness of (1) plastic bag was accomplished using a Mitutoyo dial micrometer. Anvil and spindle surfaces were checked and cleaned for contaminating substances and adjusted to the zero point. The plastic bag was carefully placed between the spindle and the anvil. The thickness reading was recorded and another measurement was taken at different location for a total of three measurements per sample. The zero point was verified after each measurement. RESULTS The average of 3 measurements was reported for each bag. See results below. SAMPLE IDENTIFICATION AVERAGE THICKNESS (mils)RESULT Reusable Small 3 2.28 Met requirement TEST SAMPLE IDENTIFICATION:Reusable Small 3 TEST PROCEDURES:SB 270, ASTM D6988-13 Method A TEST METHOD VARIATION(S):None EQUIPMENT USED:See Equipment Page TEST(S) PERFORMED BY:K. Belisario TEST PERFORMED AT:1435 S. Allec St., Anaheim CA 92805 TEST DATE:5/28/2019 Test Report No. PR100697 Rev. 1 Page 10 of 17 Walking Test REQUIREMENT There shall be no tearing of the bag after 125 uses over a distance of 175 feet. METHOD Measure and record thickness of the specimen at the center. Place 22lbs mass (river rocks) in the bottom of the reusable bag. Set bag on test machine used to simulate walking motion over 175 feet for 125 trips. Record any deterioration of the bag after each trip. RESULTS Testing discontinued after 125 trips. No evidence of the handles tearing or significant damage to the reusable bags was observed. All reusable grocery bags met the requirement for the walking test. SAMPLE IDENTIFICATION Damage Observed RESULT Reusable Small 3 none Met requirement TEST SAMPLE IDENTIFICATION: Reusable Small 3 TEST PROCEDURES: SB 270 TEST METHOD VARIATION(S): None EQUIPMENT USED: See Equipment Page TEST(S) PERFORMED BY: K. Belisario TEST PERFORMED AT: 1435 S. Allec St., Anaheim CA 92805 TEST DATE: 5/31/2019 Test Report No. PR100697 Rev. 1 Page 11 of 17 Walking Test - Photos Figure 5 Figure 6 Test Report No. PR100697 Rev. 1 Page 12 of 17 X-RAY FLUORESCENCE (XRF) REFERENCE N/A TEST SPECIMENS Three (3) bag samples REQUIREMENT N/A SUMMARY See full results below SAMPLE PREPARATION DETAILS N/A SAMPLE PREPARATION PERFORMED BY N/A PREPARATION DATE N/A TEST MODIFICATIONS N/A TEST CONDITIONS N/A TEST PERFORMED BY DDP, 5 North Park Drive Hunt Valley, MD 21030 TEST DATE September 16, 2019 EQUIPMENT USED WC051512 RESULTS: Each sample was scanned using a Niton 3XLt XRF gun. The sample was scanned in plastics mode, with each individual scan being performed for sixty (60) seconds. A total of three (3) scans was taken as follows:  Scan 1 – The entirety of one (1) “side” of the bag was scanned, with the gun being moved slowly across the surface of the bag throughout the scan in an effort to encompass as much of the bag surface as possible.  Scan 2 – A spot scan was taken focused at one (1) “random” location of the sample containing no printed material.  Scan 3 – A spot scan was taken of the green print material. The table below summarizes the results obtained as a result of the XRF analysis. The analysis below shows only results of the heavy metals detected. Test Report No. PR100697 Rev. 1 Page 13 of 17 Results of XRF Analysis (ppm) Sample Scan Sn Pb Zn Fe Ti 1 1 134 < LOD* 27.0 52.7 9,280 2 121 < LOD 23.0 74.6 9,730 3 132 6.32 28.2 93.5 10,500 2 1 133 < LOD 34.6 77.2 7,210 2 122 < LOD 24.0 57.9 10,200 3 123 < LOD 28.4 67.4 9,810 3 1 105 < LOD 38.6 51.2 9,480 2 133 < LOD 20.0 55.0 9,440 3 127 < LOD 21.6 57.4 9,820 * - LOD signifies Limit of Detection Test Report No. PR100697 Rev. 1 Page 14 of 17 EQUIPMENT LIST Test Equipment List Calibration Abbreviations CAL calibrated NCR no calibration required ASTM D6988 Thickness Asset Number Manufacturer Description M/N S/N Range Cal Interval (Months) Cal Due WC058860 Rotronic HygroPalm 22 HygroPalm 22 60222853 Indication Only - Use with Calibrated Sensor/Probe NCR NCR WC058866 Rotronic HygroClip2 Probe HC2-S 60264464 0 to 100°C ±0.1 C, 0-100%RH ±0.8 %RH Cal Points- Temperature:25°C and 50°C Humidity: 20% and 80% 12 09/30/2019 WC058886 Thermoelectric Cooling (TECA) Conditioning Cabinet TC-3300 33001-000 Use with Calibrated Probe 23±2C, 50±5%RH NCR NCR WC058887 Rotronic HygroFlex HF5 HF5 0060443724 See Rotronic HC2-S Probe ID WC058866 NCR NCR WC058962 Mitutoyo Digimatic Indicator ID- C112EX 11012914 0-0.5inch span +/-0.0001 12 12/31/2019 WC059034 Rotronic HygroClip2 Probe HC2-S 20032361 0 to 100°C ±0.1 C, 0-100%RH ±0.8 %RH 12 10/31/2019 SB270 / Prop 67 - Capacity Test Asset Number Manufacturer Description M/N S/N Range Cal Interval (Months) Cal Due WC058860 Rotronic HygroPalm 22 HygroPalm 22 60222853 Indication Only - Use with Calibrated Sensor/Probe NCR NCR WC058866 Rotronic HygroClip2 Probe HC2-S 60264464 0 to 100°C ±0.1 C, 0-100%RH ±0.8 %RH Cal Points- Temperature:25°C and 50°C Humidity: 20% and 80% 12 09/30/2019 WC058886 Thermoelectric Cooling (TECA) Conditioning Cabinet TC-3300 33001-000 Use with Calibrated Probe 23±2C, 50±5%RH NCR NCR WC058887 Rotronic HygroFlex HF5 HF5 0060443724 See Rotronic HC2-S Probe ID WC058866 NCR NCR WC059034 Rotronic HygroClip2 Probe HC2-S 20032361 0 to 100°C ±0.1 C, 0-100%RH ±0.8 %RH 12 10/31/2019 Test Report No. PR100697 Rev. 1 Page 15 of 17 EQUIPMENT LIST SB270 / Prop 67 - Simulated Walking Test Asset Number Manufacturer Description M/N S/N Range Cal Interval (Months) Cal Due WC058860 Rotronic HygroPalm 22 HygroPalm 22 60222853 Indication Only - Use with Calibrated Sensor/Probe NCR NCR WC058866 Rotronic HygroClip2 Probe HC2-S 60264464 0 to 100°C ±0.1 C, 0-100%RH ±0.8 %RH Cal Points- Temperature:25°C and 50°C Humidity: 20% and 80% 12 09/30/2019 WC058886 Thermoelectric Cooling (TECA) Conditioning Cabinet TC-3300 33001-000 Use with Calibrated Probe 23±2C, 50±5%RH NCR NCR WC058887 Rotronic HygroFlex HF5 HF5 0060443724 See Rotronic HC2-S Probe ID WC058866 NCR NCR WC058974 Futek 25 lb Load Cell LRF400 553132 0-25lb ±0.05% 12 10/12/2019 WC058986 Mitutoyo Digital Caliper CD-6"" CSX 06233912 0-150mm (0-6 inch) +/-0.001"" 12 12/31/2019 WC059034 Rotronic HygroClip2 Probe HC2-S 20032361 0 to 100°C ±0.1 C, 0-100%RH ±0.8 %RH 12 10/31/2019 Visual Inspection Asset Number Manufacturer Description M/N S/N Range Cal Interval (Months) Cal Due WC058860 Rotronic HygroPalm 22 HygroPalm 22 60222853 Indication Only - Use with Calibrated Sensor/Probe NCR NCR WC058866 Rotronic HygroClip2 Probe HC2-S 60264464 0 to 100°C ±0.1 C, 0-100%RH ±0.8 %RH Cal Points- Temperature:25°C and 50°C Humidity: 20% and 80% 12 09/30/2019 WC058886 Thermoelectric Cooling (TECA) Conditioning Cabinet TC-3300 33001-000 Use with Calibrated Probe 23±2C, 50±5%RH NCR NCR WC058887 Rotronic HygroFlex HF5 HF5 0060443724 See Rotronic HC2-S Probe ID WC058866 NCR NCR WC059034 Rotronic HygroClip2 Probe HC2-S 20032361 0 to 100°C ±0.1 C, 0-100%RH ±0.8 %RH 12 10/31/2019 Test Report No. PR100697 Rev. 1 Page 16 of 17 EQUIPMENT LIST Material Asset Number Manufacturer Description M/N S/N Range Cal Interval (Months) Cal Due WC058866 Rotronic HygroClip2 Probe HC2- S 60264464 0 to 100°C ±0.1 C, 0-100%RH ±0.8 %RH Cal Points- Temperature:25°C and 50°C Humidity: 20% and 80% 12 09/30/2019 WC058886 Thermoelectric Cooling (TECA) Conditioning Cabinet TC- 3300 33001-000 Use with Calibrated Probe 23±2C, 50±5%RH NCR NCR WC058887 Rotronic HygroFlex HF5 HF5 0060443724 See Rotronic HC2-S Probe ID WC058866 NCR NCR WC059034 Rotronic HygroClip2 Probe HC2- S 20032361 0 to 100°C ±0.1 C, 0-100%RH ±0.8 %RH 12 10/31/2019 XRF Asset Number Manufacturer Description M/N S/N Range Cal Interval (Months) Cal Due WC051512 Thermo Fisher Scientific X-ray Gun, Printer and STand XI3T700 30859 n/a calibrate before use calibrate before use Test Report No. PR100697 Rev. 1 Page 17 of 17 ***END OF REPORT*** AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 9, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 1. CALL TO ORDER AND ROLL CALL The meeting was hosted in a virtual format, using Zoom.us. Mayor Smith Hymes called the meeting to order at 5:00 p.m. A roll call was taken, and Council members present by video/audio were Lindsay Hardy, Scott Prince, Tamra Underwood, RJ Andrade, and Amy Phillips. Councilor Thuon was absent. Also present were Town Manager Eric Heil, Town Attorney Paul Wisor, Chief of Police Greg Daily, Planning Director Matt Pielsticker, Human Resources Director Lance Richards, Town Engineer Justin Hildreth, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres. 2. APPROVAL OF AGENDA Video Start Time: 00:00:41 Mayor Smith Hymes mentioned Council meeting is Live on Channel Five and Facebook and explained how to participate and provide public comments through Zoom, phone or email. She reiterated that Councilors cannot check their digital devices during the meeting and asked the public to provide public comments by Zoom, phone, or email. She also mentioned the very difficult week for our County as we lost some very important people. She said they were a tremendous asset and they will be missed. Mayor Pro Tem Phillips took over the meeting for a few minutes. Town Manager Eric Heil asked to remove agenda item 9.3, Review of Annual Performance Process, and asked to reschedule this topic to the next meeting. Mayor Smith Hymes took charge of the meeting again. Councilor Underwood moved to approve the agenda removing item 9.3. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor Thuon was absent. 3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS Video Start Time: 00:04:33 Councilor Hardy explained she is recommending Caroline Shoeller on item 5.3. She said she is not biased but wanted to disclose this. She recused herself from agenda item 5.4 as it is a discussion about her work with her firm and Council. Council discussed that Councilor Hardy has no monetary stake in recommending anyone to apply for PZC. Councilor Underwood moved to find that Councilor Hardy has no conflict of interest for item 5.3. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 5 to 0. Councilor Hardy abstained from the vote and Councilor Thuon was absent. Councilor Underwood moved to recuse Councilor Hardy from agenda item 5.4 due to a clear conflict of interest. Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 5 to 0. Councilor Hardy abstained from the vote and Councilor Thuon was absent. Mayor Smith Hymes asked Town Attorney Paul Wisor to address if Councilors living in Eaglebend Drive, would have a conflict of interest with agenda item 5.2 which he explained is not the case this evening as no Council members live within the neighboring definition. AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 9, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Mayor Smith Hymes introduced and welcomed Emily Myler, our General Government Intern, who joined the Town at the start of the year and thanked her for the excellent Citizen Committee meeting minutes included in tonight's packet. 4. PUBLIC COMMENT Video Start Time: 00:11:25 Mayor Smith Hymes explained to the public how to participate via video/audio, via telephone, or via email for public comments. No public comments were made. 5. BUSINESS ITEMS 5.1. NOTICE OF AWARD OF FORMER TOWN HALL DEMOLITION (TOWN ENGINEER JUSTIN HILDRETH) Video Start Time: 00:11:59 Town Manager Eric Heil clarified a small typo in the packet on page 3 which was supposed to read "not unusual" but read "not usual". Town Engineer Justin Hildreth joined the meeting and explained this item was continued from the January 26th meeting. Michael Lindstrom joined the meeting with 2 colleagues and introduced his team, Ish Robles and Jon Morgan. He spoke about his company's experience with asbestos removal and their awareness of the scheduling constraints and expressed he is confident his company will meet all the milestones. Council asked questions about the milestones and expressed concern to not block any parking until the work actually starts and not a day earlier. Council thanked Michael Lindstrom for recognizing the liquidated damages and importance of meeting deadlines. Councilor Thuon joined the meeting at 5:22 p.m. Michael Lindstrom spoke about weather conditions and mentioned the asbestos will be disposed of safely in Denver, the non-toxic construction debris will go to the local landfill and the recyclable materials will go to Frisco. He said that the biggest concern in terms of weather is transportation, not the abatement itself. Jon Morgan explained timelines on the abatement side, starting March 1 or a week before, if agreed in the contract. Approximately 5 weeks for abatement, including a float week which includes erection of the scaffolding and excavating soils to expose asbestos-containing membrane. Then 3 weeks for the demo. He explained there are 2 weeks of "float" and the project timeline will be anywhere from 9 weeks to 12 weeks. Michael Lindstrom explained a big job they are working in is nearly finished, so they will have all the resources available to apply to Avon's project. He expressed no concern about capacity to start and execute. He confirmed that the final surface reclamation is part of the scope of work. Mayor Smith Hymes asked for public comments and no public comments were made. AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 9, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Mayor Pro Tem Phillips moved to authorize issuance of Notice of Award for the Former Town Hall Demolition Project contract to the low bidder, Tasman Geosciences Inc. in the amount of $571,235 as approved in the Town of Avon 2021 Capital Projects Fund and direct Staff to increase the project budget to $643,359. Councilor Hardy seconded the motion and the motion passed with a vote of 6 to 1. Councilor Thuon voted no. 5.2. PUBLIC HEARING: RESOLUTION 21-02 A RESOLUTION APPROVING FILE #PUD20002, A MINOR PUD AMENDMENT TO LOT 1 AND TRACT A, BLOCK 1, FILING 2 EAGLEBEND SUBDIVISION (TOWN PLANNER DAVID MCWILLIAMS) Video Start Time: 00 :40:32 Town Planner David McWilliams joined the virtual meeting, presented Resolution 21-02 and explained the modification will allow for more land in Lot 1 therefore allowing a bigger building. The applicant’s representative Jena Skinner joined the meeting with Angelo Veraldi, owner of the property. He explained this minor PUD request is not for monetary gain, he is not a developer but a 31-year long local family who wants to make the most use of their property. Jena Skinner showed a brief PowerPoint with maps & photos. Councilor Underwood clarified the setback measurements of the future addition, from 4.4’ to 4.0’. Councilor Hardy expressed concern on the setback measurements of 4.4’ on the proposal diagram as well and asked about the PZC approval. Jena Skinner clarified 4.0 is recorded in the minutes and this plat is not finalized and it will be corrected. Councilor Thuon expressed 4” is not a big difference and that Council should help people in our community and get this approved tonight. Councilor Andrade agreed. Mayor Pro Tem Phillips said she has no concern whether the setback is 4.4’ or 4.0’ and she is in full support of this addition. Mayor Smith Hymes asked for public comments and no public comments were made. Councilor Underwood moved to approve Resolution 21-02 for Case #PUD20002, an application for a Minor PUD Amendment for Lot 1 and Tract A, Block 1, Filing 2 Eaglebend Subdivision, with the change that the rear setback in the minor PUD amendment is not 4.4’ but 4.0’. Councilor Hardy seconded the motion and the motion passed unanimously. 5.3. PLANNING AND ZONING COMMISSION APPOINTMENTS (PLANNING DIRECTOR MATT PIELSTICKER) Video Start Time: 01:15:52 Mayor Smith Hymes said there are four applicants to fill out 3 seats tonight. She mentioned there will be another opening in a couple of months and encouraged applicants to re-apply if not appointed tonight. Planning Director Matt Pielsticker joined the meeting and explained the process for Council to vote in this virtual format. He said each applicant will get a few minutes, then Council will have the opportunity to ask questions. At the conclusion, each Councilor will email Town Clerk Brenda Torres and Town Attorney Paul Wisor their votes, then the results will be read aloud into the record. AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 9, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Frist to be interviewed was Marty Golembiewski, who currently works in construction and previously served on PZC. Council thanked him for reapplying. He said he would prefer the shorter term and can easily jump in quickly as he has served before. Next was Caroline Shoeller. She is a landscape designer at Zehren & Associates who recently relocated to Avon from Crested Butte. She mentioned she has previously worked in some projects around the Town. She would prefer the shorter term as she applied for grad school and would potentially start next fall. Next was Trevor MacAllister, who is a Wildridge resident and a superintendent for R.A. Nelson. He expressed he prefers the longer term. Last up was Anthony Sekinger who is an Avon Resident. He expressed he has a variety of experience and is delighted to serve the Town he loves. He likes working in teams and listening to different opinions. He expressed he is interested in the longer term. Council voted via email to Town Clerk Brenda Torres and Town Attorney Paul Wisor. In the meantime, Council discussed items 6.1 and 8.0. Then resumed to item 5.3. Council returned to this item at video start time: 02:30:28 Town Clerk Brenda Torres read the votes out loud. The Final votes are: Marty Golembiewski, short term with 7 votes Anthony Sekinger, short term with 3 votes Trevor MacAllister, long term with 4 votes. Mayor Smith Hymes congratulated the new commissioners and welcomed them to PZC, and hopes Caroline Shoeller will reapply in the future. 5.4. RESOLUTION 21-03 CONFIRMING THE ELIGIBILITY OF ZEHREN & ASSOCIATES TO CONTINUE TO PROVIDE DESIGN SERVICES TO THE TOWN OF AVON (TOWN ATTORNEY PAUL WISOR) Video Start Time: 02:32:56 Councilor Hardy had a conflict of interest with this item and shut off her audio/video at 7:33 p.m. Town Attorney Paul Wisor explained the intention of this Resolution. He said this is a good practice for the Town and for Zehren & Associates and he explained that any conflicts of interest for Councilor Hardy with certain agenda items will still have to be assessed on a case by case basis. Town Attorney Paul Wisor explained it was his choice to proactively put this Resolution on the agenda for discussion. Mayor Smith Hymes asked for public comments and no public comments were made. Mayor Pro Tem Phillips moved to approve Resolution 21-03 Confirming Zehren & Associates eligibility to provide architectural, planning, interior design, landscape architecture and related services to the Town of Avon. Councilor Prince seconded th e motion and the motion passed with a vote of 6 to 0. Councilor Hardy was recused and away . Councilor Hardy returned to the meeting after the voting at 7:40 p.m. AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 9, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 6.MINUTES 6.1. APPROVAL OF JANUARY 26, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES) Video Start Time: 02:20:00 This item was discussed while waiting for final votes of item 5.3. Mayor Pro Tem Phillips moved to approve the January 26, 2021 Regular Meeting Minutes as presented. Councilor Hardy seconded the motion and the motion passed unanimously. 7.WRITTEN REPORTS 7.1. January 19th Planning and Zoning Commission Meeting Abstract (Town Planner David McWilliams) 7.2. Draft January 19th Health & Recreation Committee Meeting Minutes (General Government Intern Emily Myler) 7.3. Draft January 21st CASE Committee Meeting Minutes (General Government Intern Emily Myler) 7.4. Draft January 28th Finance Committee Meeting Minutes (General Government Intern Emily Myler) 7.5. Report on Individually Assigned Take-Home Vehicles in Avon Police Department (Police Chief Greg Daly) 8.MAYOR AND COUNCIL MOMENTS & MEETING UPDATES Video Start Time: 02:21:39 This item was discussed while waiting for final votes of item 5.3. Councilor Underwood reported that she attended her first Northwest Colorado Council of Governments meeting since she was appointed as Avon's representative in January. She informed Council that the mountain migration report is and will be an enhanced report from the last copy in 2008. A collaboration between NWCCOG and CAST will produce this report and an upcoming survey will be a huge data source. She informed Council that Avon will have a hand in the survey, which is being developed now and is scheduled to be published in early March. If Councilors have any requests for survey questions, please email her that question or just the data point / topic to be addressed, please email her this week so she can relay the information as Avon's representative. She suggested when the survey gets published, perhaps Avon can use the Engage Avon platform to do so. Secondly, she said that they have also published a very full childcare report and she is happy to provide Councilors a copy upon request. Lastly, she received an Eagle County Comprehensive plan update and the Vista Project is a part of this. She requested that Mayor Pro Tem Phillips, as Avon's Vista liaison, be cognizant of involving our LatinX neighbors in this project. Mayor Smith Hymes spoke about the interest and concern about what is happening with the rail line. She said we will put documents, updates, and communications on www.engage.avon.org. There will be a section for the Tennessee Pass Rail Line. AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 9, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 Councilor Thuon wanted to clarify for the record that we as the Town are not supporting or opposing the rail line, but we are gathering information and exploring what the impacts would be. Mayor Smith Hymes said we will explain the process on engage.avon.org. We have an obligation and need to gather info, not have an opinion. Our current step is to understand the issue and communicate that to the community. 9. EXECUTIVE SESSION Video Start Time: 01:53:09 Part Two 9.1.For the purpose of receiving legal advice pursuant to Sec. 24-6-402(4)(b) and for the purpose of determining negotiating positions pursuant to Sec. 24-6-402(4)(e)(I) regarding a potential water storage agreement of the Upper Eagle River Water Authority. 9.2.For the purpose of receiving legal advice pursuant to Sec. 24-6-402(4)(b) and for the purpose of determining negotiating positions pursuant to Sec. 24-6-402(4)(e)(I) regarding a potential affordable housing project. (10 Minutes) 7:50 9.3.For personnel matters pursuant to Sec. 24-6-402(4)(f) regarding the annual Town Manager performance evaluation process Mayor Smith Hymes explained that the Executive Session is up next, this will be informational updates from Town Attorney Paul Wisor and no decisions will be made. He requested a motion to move into Executive Session for the purposes outlined in agenda items 9.1 and 9.2. Mayor Pro Tem Phillips moved that motion. Councilor Underwood seconded the motion and the motion passed with a vote of 7 to 0. The time was 7:42 p.m. The Executive Session started at 7:44 p.m. The Executive Session ended at 9:03 p.m. 10. ADJOURN There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular meeting. The time was 9:03 p.m. AVON REGULAR MEETING MINUTES TUESDAY FEBRUARY 9, 2021 SETUP AS A VIRTUAL MEETING VIA ZOOM DUE TO COVID-19 These minutes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org. RESPECTFULLY SUBMITTED: Brenda Torres, Town Clerk APPROVED: Sarah Smith Hymes ___________________________________ Amy Phillips Chico Thuon Scott Prince Tamra Underwood Lindsay Hardy RJ Andrade PLANNING AND ZONING COMMISSION MEETING ABSTRACT TUESDAY, FEBRUARY 16, 2021 VIRTUAL MEETING 1. CALL TO ORDER AND ROLL CALL Chairperson Jared Barnes called the meeting to order at 5:06 p.m. A roll call was taken, and Planning Commission members present were Donna Lang, Sara Lanious, Marty Golembiewski, Anthony Sekinger, Trevor MacAllister, and Steve Nusbaum. Also present were Town Planner David McWilliams, Planning Director Matt Pielsticker, and Town Attorney Paul Wisor. Mayor Sarah Smith-Hymes attended as a member of the public. 2. SWEARING IN OF NEW COMMISSIONERS: MARTY GOLEMBIEWSKI/TERM ENDING MAY 2021, ANTHONY SEKINGER/TERM ENDING MAY 2021, TREVOR MACALLISTER/TERM ENDING MAY 2022 (TOWN CLERK BRENDA TORRES) Action: Brenda Torres swore the new Commissioners in. 3. APPROVAL OF AGENDA Action: Commissioner Sekinger motioned to approve the agenda. Commissioner Lanious seconded the motion and it carried unanimously 7-0. 4. DISCLOSURE OF ANY CONFLICTS OF INTEREST OR EX-PARTE COMMUNICATION RELATED TO AGENDA ITEMS Action: No conflicts or communication were disclosed. 5. BUSINESS ITEMS 5.1. 5150 LONGSUN L ANE- LOT 61 BLOCK 4 WILDRIDGE S UBDIVISION – CONTINUED PUBLIC HEARING – PUD LOT SPLIT TO CHANGE THE LOT FROM DUPLEX RIGHTS TO RIGHTS FOR TWO SINGLE FAMILY HOUSES (TOWN PLANNER DAVID MCWILLIAMS & JEFF MANLEY). Public Comment: None. Action: Commissioner Nusbaum motioned to approve Case #PUD21001 with the following findings and conditions: Findings: 1. The Application meets the eligibility requirements for a Minor PUD Amendment by not increasing density, increasing the amount of nonresidential land use, or significantly altering any approved building scale and mass of the development; 2. The Application is complete; 3. The Application provides sufficient information to allow the PZC to determine that the Application complies with the relevant review criteria; 4. The Application is in conformance with §7.16.060(e)(4), Review Criteria, ADC, and compared to the underlying zoning, the Minor PUD Amendment is not likely to result in significant adverse impacts upon the natural environment or neighboring properties; 5. The application complies with the goals and policies of the Avon Comprehensive Plan; 6. The Application does not change the character of the development and maintains the intent and integrity of the PUD with two residential dwelling units on the Property; and 7. The Application promotes the public health, safety and welfare over that of the existing development rights for a duplex because the Applicant is imposing stricter standards than the existing development standards. Conditions: 1. Storm water drainage easements between property lines shall be demonstrated with a subdivision application; and 2. Plat Note 9 will be amended to state that roof overhangs, decks and terraces are not allowed to extend beyond the building envelope. Commissioner MacAllister seconded the motion and it carried unanimously 7-0. 5.2. 5150 LONGSUN LANE- LOT 61 BLOCK 4 W ILDRIDGE SUBDIVISION – WORK SESSION – PRELIMINARY DESIGN (TOWN PLANNER DAVID MCWILLIAMS & JEFF MANLEY). Action: Commissioners asked questions and made design comments relating to the two structures presented in the PUD Amendment application. Commissioners Nusbaum and Lang left the meeting. 6. ART IN A VON – WORK SESSION - UPDATE ON (1) ART AROUND AVON PROGRAM; AND, (2) AVON RECREATION MURAL P ROJECT (CULTURAL, ARTS & SPECIAL EVENTS MANAGER DANITA DEMPSEY). Action: The art programs were presented. 7. CONSENT AGENDA 7.1. FEBRUARY 2, 2021 MEETING MINUTES 7.2. RECORD OF DECISION – 7.2.1. 5380 EAGLEBEND D RIVE – #MJR20005 – MAJOR DEVELOPMENT PLAN Action: Commissioner Lanious motioned to move the consent agenda items to the next meeting due to lack of quorum for PZC members attending the February 2 meeting. 8. STAFF UPDATES Action: Staff presented various updates including projects on engage.avon.org. 9. ADJOURN There being no further business before the Commission adjourned the meeting at 6:43 p.m. These meeting notes are only a summary of the proceedings of the meeting. They are not intended to be comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office. RESPECTFULLY SUBMITTED: David McWilliams (970) 748-4087 ewood@avon.org TO: Honorable Mayor Smith Hymes and Council members FROM: Elizabeth Wood, Communications & Marketing Manager RE: 2021 Brand Guidelines Update DATE: February 15, 2021 SUMMARY: In 2016, Avon enlisted the services of Slate Communications to create and launch brand guidelines used to develop the current Avon.org website and several other branding elements throughout Town. This includes informational signage, report templates, logo standards and other design elements that create brand consistency throughout all Town departments. The 2021 Brand Guidelines are a refreshed version of these guidelines including new secondary colors in the color palette, updated fonts, logos that include the ‘Heart of the Valley’ tagline and parameters to make it easier for Staff to consistently implement Avon brand elements. The purpose of these guidelines is to keep Avon’s brand identity uniform, professional and recognizable. In addition to use by Staff, these guidelines can be used by designers, event producers, vendors and anyone else using Avon brand elements in marketing or promotional materials. Thank you, Liz ATTACHMENT A: 2021 Brand Guidelines FEBRUARY 2021 BRAND GUIDELINES Town of Avon Brand Guidelines Table of Contents Logos 1 Department Logos 3 Logo Standards 5 Logo Standards: Do Not 6 Contrast 7 Colors 8 Typefaces 9 Email Signature 10 Informational Signage 11 Design Elements 14 Monthly Newsletter 16 Compelling Photography 17 Branding in Motion 19 TABLE OF CONTENTS Town of Avon Brand Guidelines 1 TYPES OF LOGOS All Town logos can be found in the T: Drive in the Logos folder. Never use the Town logo inside a white rectangle—the logo should have no background. The word “Colorado” can be removed from the tag line only when the audience is local. Standard Three-Color Logo Avon Logo without Colorado Two-Color Logo One-Color Logo Black Logo White Logo on dark background Town of Avon Brand Guidelines 2 TYPES OF LOGOS Use of the “Heart of the Valley” logo is limited to strictly Eagle County audiences. The text for the A, O and N can be black or white with red v’s and tag line. Black Heart of the Valley Logo White Heart of the Valley Logo Town of Avon Brand Guidelines 3 DEPARTMENT LOGOS Avon Police Department Avon Police Department Patch Town of Avon Brand Guidelines 4 DEPARTMENT LOGOS Other Departmental Logos Department Logos should be used for internal memos and other internal communication and at the top of Council Reports. Town of Avon Brand Guidelines 5 LOGO STANDARDS Standard Logo Minimum Size The logo must be printed or reproduced at least 1” or 72 pixels in width to maintain legibility. 1” Required Space around Logo Leave ¼” open space on all sides of logo. There should be uniform spacing around the logo and it should be aligned with text. Respect the Safe Area Town of Avon Brand Guidelines 6 LOGO STANDARDS: DO NOT Don’t apply a drop shadow Never rotate Don’t stretch Never use the color-version on a dark background Don’t change colors Town of Avon Brand Guidelines 7 CONTRAST Appropriate Contrast: use a dark logo on light backgrounds and a white logo on dark backgrounds. Logos should be placed on a legible area of the image, so they stand out and are clearly visible. Only use a solid color logo over an image unless the image has a large white space. Never put a white box around the logo in an image. Incorrect Examples Correct Examples Town of Avon Brand Guidelines 8 COLORS 1495 C c0 m38 y85 k3 R247 G148 B29 F7941D 383 CP c29 m1 y100 k18 R168 G173 B0 8AD00 485 C c7 m98 y100 k1 R220 G39 B38 DC2726 447 CP c50 m30 y40 k90 R55 G58 B54 373A36 7506 C c8 m10 y22 k0 R233 G222 B198 9DDC6 Primary Colors Pantone CMYK RGB Web Color Formula Formula/PPT Hex Support Colors OR* *The red and orange are never used together Pantone CMYK RGB Web Color Formula Formula/PPT Hex How to use the Avon colors Avon primary colors are used in most communication. The secondary support colors are used sparingly. For example, Avon red is used in the Heart of the Valley logo. Avon orange is used in the newsletter header. The red and orange are never used together. 3155 CP c100 m9 y29 k47 R0 G98 B114 006272 Town of Avon Brand Guidelines 9 TYPEFACES Are fonts and their typical uses cab be found below. Exceptions to use of these 4 fonts, are event posters and rec center publications. Please contact the Avon Communications Manager for guidance. Arial Narrow (For formal audiences, internal documents, and Council reports) This is sample language for viewing different typefaces. It is an example of sentence case. THIS IS SAMPLE LANGUAGE IN ALL CAPITALS. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Sample language in bold. Sample language in italics. Sample language in bold italics. ___________________________________________________________________________________ Avenir Next LT Pro (For public signs in Avon. This includes town-produced special events.) This is sample language for viewing different typefaces. It is an example of sentence case. THIS IS SAMPLE LANGUAGE IN ALL CAPITALS. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Sample language in bold. Sample language in italics. Sample language in bold italics. ___________________________________________________________________________________ Century Gothic (For informational documents meant for the public) This is sample language for viewing different typefaces. It is an example of sentence case. THIS IS SAMPLE LANGUAGE IN ALL CAPITALS. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Sample language in bold. Sample language in italics. Sample language in bold italics. ___________________________________________________________________________________ Cavolini (For informal or children audience) This is sample language for viewing different typefaces. It is an example of sentence case. THIS IS SAMPLE LANGUAGE IN ALL CAPITALS. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Sample language in bold. Sample language in italics. Sample language in bold italics. Town of Avon Brand Guidelines 10 EMAIL SIGNATURE When emailing on behalf of the Town, all Staff, Committee, and Council members should use the email signature template below. First Line: Name in bold 10-point Arial Narrow font Second Line: Title in bold 8-point Arial Narrow Font Third Line: Work phone number in bold 8-point Arial Narrow Font Fourth Line: Hyperlinked email in bold 8-point Arial Narrow Font Fifth Line: Avon Logo that links to Town website. TIP: Always use the Town logo without a background. John Doe Branding Specialist 970.748.4000 jdoe@avon.org Town of Avon Brand Guidelines 11 INFORMATIONAL SIGNAGE Point of Interest Direction Sign Example 3155 CP arrows with from logo Recreation Center Informational Sign Examples Town of Avon Brand Guidelines 12 INFORMATIONAL SIGNAGE Nottingham Park Sign Examples Town of Avon Brand Guidelines 13 INFORMATIONAL SIGNAGE Town of Avon Brand Guidelines 14 DESIGN ELEMENTS All Town documents, signs, and marketing material can feature the following design elements using the Town color palette. Various design elements are addressed in different Town documents and informational signage. Mountains & Trees Silhouette Footer Town of Avon Brand Guidelines 15 DESIGN ELEMENTS Mountain Silhouette 2020 Reusable Bags Town of Avon Brand Guidelines 16 MONTHLY NEWSLETTER Month Year Arial 37 Bold Segment Heading Helvetica 19.5 Bold Subheading Helvetica 16.5 Bold Content Helvetica 11 point. Separate Sections with heartbeat graphic Town of Avon Brand Guidelines 17 COMPELLING PHOTOGRAPHY Compelling photographs represent a meaningful connection with the Town and evoke a desire to step into the image. All photos can be found at T:/PHOTOS. Beginning in 2016, photos are organized by date in the ALL TOWN PHOTOS folder. Current photography contracts do not require a credit. Any required credit is listed in the folder title with the word ‘Required.’ Examples of compelling seasonal photographs are listed below. The Town also subscribes to Shutterstock for more general images Please reach out to Liz Wood if you are looking for a specific photograph or type of photograph. EXAMPLES OF WINTER EXAMPLES OF SPRING Town of Avon Brand Guidelines 18 COMPELLING PHOTOGRAPHY EXAMPLES OF SUMMER EXAMPLES OF FALL Town of Avon Brand Guidelines 19 BRANDING IN MOTION When the Town of Avon purchases new vehicles, branding elements are added to vehicles to help distinguish them as uniquely Avon. Public Town Buses Rec Center Vans 970-748-4413 mpielsticker@avon.org TO: Honorable Mayor Smith Hymes and Councilmembers FROM: Justin Hildreth, Town Engineer RE: 2018, 2019 and 2020 Capital Improvement Program DATE: February 19, 2021 SUMMARY: Town Council requested an update on the budget status of the 2018, 2019 and 2020 Capital Improvement Program (CIP). The projects typically take several years to complete and for clarity, individual project budgets are included in the year most of the work was completed. A project summary of each year is attached to the memo. SUMMARY OF 2018, 2019 AND 2020 CIP BUDGETS YEAR TOTAL BUDGET EXPENDITURE DIFFERENCE 2018 $ 7,421,273 $ 7,278,203 $ 143,070 2019 $ 5,877,365 $ 5,861,615 $ 15,751 2020 $ 3,685,573 $ 2,994,575 $ 690,998 The CIP budget for each year was within total expenditures approved by Council. Staff develops proposed project budgets based on the available information during budget season. Budgets listed in the 5-year CIP are preliminary and conceptual in nature. The project budgets are refined incrementally when the scope is finalized, and project is designed. ATTACHMENTS 2018 - Capital Project Final Financial Summary Report 2019 - Capital Project Final Financial Summary Report 2020 - Capital Project Final Financial Summary Report 2018 Capital Projects - Final Financial Report Amount Under Budget Project Budget Actual Expense (Over Budget) Town Hall Tenant Finish (Construction) Amended Budget Approved 6/26/18 by Council 4,231,653$ 4,355,141$ (123,488.00)$ Town Hall Tenant Finish (Design)240,000$ 201,412$ 38,588$ Fiber - Police to Town Hall 135,275$ 102,357$ 32,918$ Mobility Garage Door Repairs 55,000$ 22,421$ 32,579$ Mobility Solar Panels 325,000$ 258,258$ 66,742$ Lot 5 Recycling Center (funded by Eagle County)15,000$ 22,839$ (7,839)$ H.A. Nottingham Park Playground 872,266$ 872,266$ -$ H.A. Nottingham Park Fitness Court 140,000$ 210,221$ (70,221)$ East Beaver Creek Blvd Repair (Village Section)59,579$ 59,579$ -$ 2018 Microsurfacing Project 250,000$ 205,229$ 44,771$ Nottingham Road Paving and Sidewalk 1,097,500$ 968,481$ 129,019$ 7,421,273$ 7,278,203$ 143,070$ 2019 Capital Projects - Final Financial Report Amount Under Budget Project Budget Actual Expense (Over Budget) Avon ECO Transit Shelter (Funded by ECO Transit)120,000$ 97,395$ 22,605.00$ Recreation Center Weight Room Expansion 500,000.00$ 460,548$ 39,452.00$ Hahnewald Barn Feasibility Study 135,000.00$ 135,000$ -$ Eagle River Whitewater Park Repair 221,390$ 245,758$ (24,368.00)$ Post Blvd Irrigation Wet Well 45,000$ 43,403$ 1,597.00$ Wayfinding Signage 84,145$ 84,145$ -$ Guardrail Repair 40,000$ 36,560$ 3,440.00$ West Beaver Creek Blvd UPRR Crossing Improvements 200,000$ 234,121$ (34,121.00)$ Beaver Creek Blvd Streetscape Improvements 4,025,943$ 3,990,384$ 35,559.00$ Riverfront Trail Connector 210,000$ 238,414$ (28,414.00)$ Town Hall End of Project Scope Changes 295,887.00$ 295,887$ -$ 5,877,365.00$ 5,861,615.00$ 15,750.00$ 2020 Capital Projects - Final Financial Report Project Budget Actual Expense Amount Under Budget (Over Budget) Town Hall Control System 10,715$ 10,715$ -$ Fiber Pavilion to Town Hall 70,000$ 70,000$ -$ Level 2 Charging Station at NTH 35,000$ 5,000$ 30,000$ Level 3 DC Station 75,000$ 75,000$ NTH Security Improvements 125,000$ 112,700$ 12,300$ Nottingham Park Utility Upgrade 350,000$ 305,685$ 44,315$ Pavilion Retractable Door 322,928$ 322,928$ -$ O'Neil Spur Improvements Design 20,000$ 18,012$ 1,988$ Wildfire Mitigation 40,000$ 22,860$ 17,140$ Nottingham Park Benches 26,640$ 26,640$ -$ Mall Activation Elements 30,000$ 20,088$ 9,912$ Annual Guard Rail Repair 40,000$ 38,669$ 1,331$ Eaglebend Paving 300,000$ 190,229$ 109,771$ Yoder Ave. Resurfacing 550,000$ 206,540$ 343,460$ Benchmark Road On-Street Parking 600,000$ 600,000$ -$ Nottingham Debris Flow Mitigation Improvements 425,000$ 425,000$ -$ Avon Road Water Quality Vault Projects 315,000$ 269,219$ 45,781$ Broadband 125,000$ 125,000$ -$ Finance and Community Dev. Computer System 225,290$ 225,290$ -$ TOTAL 3,685,573$ 2,994,575$ 690,998$ M E M O R A N D U M TO: Board of Directors FROM: Catherine Hayes, Board Secretary DATE: Jan. 31, 2021 RE: Summary of Authority’s Jan. 28, 2021, virtual Board Meeting The following is a summary of items discussed at the Jan. 28, 2021, Authority Board Meeting: Board members present and acting were Chair George Gregory, Secretary Kim Bell Williams, Treasurer Geoff Dreyer, Pam Elsner, Sarah Smith Hymes, Mick Woodworth. IT Security Audit Insurance Policy The board agreed that cybersecurity coverage should be added to the District’s insurance policy to protect against the costs of a security breach. Subcommittees The joint water demand management subcommittee was renamed “Water Supply” and Sarah Smith Hymes was appointed as a second Authority representative, joining Mick Woodworth and District directors Kate Burchenal and Steve Coyer. Board Member Input Linn Brooks reported discussions with Eagle County regarding the water quality at the Eagle River Mobile Home Park. Linn also reported progress was made with the cloud seeding program, to which the Authority and District both contributed for 2021. Drought Mitigation and Excessive Use Strategy Diane Johnson and Len Wright discussed summer planning due to the current drought conditions. Staff is mobilizing a water demand management effort to target excessive users, which is the best opportunity to reduce consumptive use. Current strategies include enforcement mechanisms, rules and regulations, and policy updates. COVID-19 Update Linn Brooks updated the board on COVID-19 operations and noted no new cases among staff since her report of Jan. 20. Staff is working with Eagle County public health to determine where District employees are in the vaccination order. Finance Update David Norris reported on tap fee collection in 2020, which was slightly lower than projected due to many developers paying the fees in late 2019, prior to the annual increase. Monthly customer payments are stable. The board advised David to continue quarterly financial reporting, but to inform the board of any significant variances monthly. CDOT West Vail Pass Project Siri Roman reported on the West Vail Pass Auxiliary Lane project, which will add a third lane to I-70 on the west side of Vail Pass, along with other improvements. The Federal Highway Administration approved the finding of no significant impact for the project, though staff continues to express concerns regarding water quality impacts. CDOT agreed to water quality studies and sediment control efforts. Funding is in place for Phase 1, which is expected to move quickly. Summary of Authority’s Jan. 28, 2021, virtual Board Meeting Page 2 of 2 Engineering and Water Resources Update Jason Cowles reported on the River District’s demand management advisory committee, which is gathering stakeholders’ viewpoints and reactions regarding the proposed voluntary, temporary program. West Slope participants seem unsure as to the efficacy of a voluntary program to make long-term impacts on the current water supply situation. Communications Report Diane Johnson discussed membership in various water-related groups and committees across the state. She also noted articles from her report that focused on water speculation and related information. 970-748-4065 ddempsey@avon.org TO: Honorable Mayor Smith Hymes and Council Members FROM: Danita Dempsey, CASE Manager RE: Art Projects in Avon DATE: February 16, 2021 SUMMARY: This report provides a written update on the temporary and/or permanent art installations planned for this Spring and Summer. There is no action required by Council. BACKGROUND: During the fall and winter months, the CASE Committees work included further development of art programs, temporary and/or permanent installations, inventory tracking and driving awareness to art in Avon. The art programs and installations planned for this spring and summer include the following: 1. Storm Drain Educational Decals 2. Art Around Avon Program 3. Avon Recreation Center Mural Project 4. Painted Benches 5. Musical Instruments I am happy to announce that I have received numerous emails from artists and there are currently eight submissions for the Art Around Avon Program: and, five submissions for the Mural Project. Below is a description of each of the above projects as well as a list of individuals who make up the Jury Panel for each. With that said, I was selective with invitations to be on the Jury Panel and have a high level of confidence in their ability to not let their taste overwhelm their role and knowing that what some may find off-putting others will find interesting. 1. Storm Drain Educational Art Installation: I was asked to participate alongside the Town Engineer and the Eagle River Water Shed Council to select locations and develop decals which adhere to hard-scape surfaces educating the public about storm drains and promote the health of our valuable natural waterways. The decals along with educational signage will be installed in early spring and removed in late fall; and, hopefully become a yearly program. I released a Call For Artist / Request for Qualification and attached as Exhibit A, on November 30, 2020 which had a deadline of January 15th. The Town of Vail has had tremendous success with their annual Storm Drain Education Program; photos of the decals in Vail are provided and attached as Exhibit B. Jury Panel: The Jury Panel for this process for this installation was simple and straight forward with panelist rating the submissions 1 through 5; 1 representing they did not like the artist’s work and 5 being they really liked the artist’s work. The Jury Panel consisted of the Town Engineer, Eagle River Water Shed Council representative and me. We reviewed six application submittals to determine artist selection; the artist selection deadline is March 1st. 2. Art Around Avon Program: This program is modeled after the Art Around Town program in the Town of Carbondale which has had great success. This program is a mechanism for temporary installations throughout the Town core which will be renewed/rotated out each year with minimal investment from the Town. Additionally, the program delivers community vibrancy, placemaking, 970-748-4065 ddempsey@avon.org supports the art community with awareness, financial compensation, opportunity to sell works which includes a revenue share between the artist and the Town; and, speaks to both residence and destination guests. The Call For Artist / Request for Proposals (RFP) was released through an on-line artist application, selection and jury process earlier this week. A selected group will jury the submissions through the on-line platform (CAFÉ) between March 15th and April 1st. The full timeline is provided in the RFP and attached as Exhibit C. Assuming this program will have the same success as Carbondale’s, it would become annual with artists call out beginning in November, deinstalls in late-May 2022 and re-installs at the beginning of June 2022. Each year the new selections are presented to the community through the Art Around Avon event supported by a walking-map which will available year-round. Through collaboration with Vail Valley Art Guild, Town Manager, Town Engineer and Community Development, nine (9) exhibition locations were identified for installations along Avon Road and E. Benchmark Road in 2021 (Phase 1), four (4) exhibit locations in 2022 (Phase 2) in West Nottingham Park; and, four (4) exhibit locations in 2023 (Phase 3) along the south side of Nottingham Lake and Metcalf Cabin. The total number of phased exhibition locations in the Art Around Avon program by June 2023 is 17. Jury Panel: A list of the individuals on the Jury Panel; and, a short bio on those who are not employed by the Town or on the CASE Committee, is provided below. a. Andrew Pranger – Vail Valley Art Guild: “…over 15 years of arts education and experience including studying at The Centre for the Arts in Richmond, Virginia, Fine Art Painting at the University of Brighton in England (BA Hons), and a Masters of Arts Leadership and Cultural Management at Colorado State University (to be completed Summer 21). I have been the President of the Vail Valley Art Guild since December 2017, currently sit on the ECSD Gifted Arts Student Selection Panel, and regularly show my work at galleries across the US and Europe." b. Melissa Macdonald-Nelson – Vail Valley Art Guild: “…former Executive Director of the Eagle River Watershed Council for seven years in Avon, has a long history in art. Starting with art classes as a child at the Cleveland Art Museum and studying more recently at the Denver Art Museum, Denver Art Students League and privately with numerous nationally known instructors, she is now a working artist. An extensive art collector, Ms. Nelson evaluated, bought, and sold paintings internationally starting in 2000. Today she is the Treasurer of the Vail Valley Art Guild.” c. Lindsay Hardy – CASE Committee and Avon Town Council Member d. Justin Hildreth – Town Engineer e. Matt Pielsticker – Director of Community Development f. Drew Isaacson – Public Works Superintendent g. Danita Dempsey – CASE Manager h. Pedro Campos – CASE Committee 970-748-4065 ddempsey@avon.org 3. Avon Recreation Center Mural Project: As the Town is embarks on the planning and/or building phase for Nottingham Park improvements (cabin remodel, public restrooms, beach restrooms building) and eventually the west Main Street Mall (“MSM”) extension and Lot B hotel development; the Mural location will become a focal point and gateway to Nottingham Park. The recommended approach and not unlike other communities were to solicit an RFP/Call For Artist providing guardrails around design and theme and require potentially multiple design iterations. The application, selection and jury process for the Mural project is more robust than the others listed above and may include an opportunity for citizens to comment outside of the Town Council forum. Critical to the success, community acceptance and appreciation of this project is the Overview, Design & Theme and Project Intent sections in the Call For Artist/RFP. These were discussed/fine- tuned in the January CASE Committee meeting and I have provided them below. The full Call For Artist/RFP is attached as Exhibit D. a. Overview: The Recreation Center Mural Project (“Mural”) will help to establish a creative identity and spirit for the developing hardscape connection between the west end of the Main Street Mall and Harry A. Nottingham Park; the crowned jewel of the Town. The Mural will become a significant landmark, focal point, and gateway to Nottingham Park which inspires community, conversation, and connection. Applicants may apply to design murals for one, two or all three walls although one artist or artist team for all three walls is preferred. The enhancement of public places by integrating the creative work of artists improves the pedestrian experience and promotes vibrancy, creativity, and livelihood in the community. The presence of and access to public art enlivens public areas and their grounds and makes them more welcoming. It creates a deeper interaction with the places where we live, work, and visit. Public art illuminates the diversity and history of a community, and points to its aspirations for the future. a. Project Intent: To create a significant landmark, focal point, and gateway between the east entry to Nottingham Park and the Main Street Mall which inspires community, conversation, connection; and, identifies Avon as an art community. The selected artist is responsible for working with Town representatives on all aspects to include multiple iterations of design. b. Design & Theme: The CASE Committee is seeking a design that will delight people with a unique and cheerful character representative of the mountain lifestyle. The theme could speak to the beauty of the area’s natural resources (Nottingham Park and Lake, Eagle River, native wildlife and/or plant/floral life); cultural legacy (Salute to the USA signature event, AvonLIVE! concert series, bronze sculpture collection), historical preservation (Metcalf Cabin, Nottingham Ranch, water wheel and Bob the Bridge); or the future of our creative and influences of our Latino cultural landscape. The design should not be landscape of mountain scenery nor demonstratively urban. 970-748-4065 ddempsey@avon.org Jury Panel: A list of the individuals on the Jury Panel; and, a short bio on those who are not employed by the Town or on the CASE Committee, is provided below. a. Doe Browning – “I have been a Valley resident since 1999 and have a Bachelor of Fine Arts degree in Ceramics, Metals and Jewelry from Philadelphia College Arts (now University of the Arts) and a studio artist for many years. I served on the Town of Vail Art in Public Places Board for 8 years and was chairman for 5. My favorite valley art participation is as a two-time contestant in Project Funway (2nd place in 2015, 1st place in 2018) and as a judge (2019).” b. Andrew Pranger – Vail Valley Art Guild: “…over 15 years of arts education and experience including studying at The Centre for the Arts in Richmond, Virginia, Fine Art Painting at the University of Brighton in England (BA Hons), and a Masters of Arts Leadership and Cultural Management at Colorado State University (to be completed Summer 21). I have been the President of the Vail Valley Art Guild since December 2017, currently sit on the ECSD Gifted Arts Student Selection Panel, and regularly show my work at galleries across the US and Europe." c. Melissa Macdonald-Nelson – Vail Valley Art Guild: “…former Executive Director of the Eagle River Watershed Council for seven years in Avon, has a long history in art. Starting with art classes as a child at the Cleveland Art Museum and studying more recently at the Denver Art Museum, Denver Art Students League and privately with numerous nationally known instructors, she is now a working artist. An extensive art collector, Ms. Nelson evaluated, bought, and sold paintings internationally starting in 2000. Today she is the Treasurer of the Vail Valley Art Guild.” d. Lindsay Hardy – CASE Committee and Avon Town Council Member e. Amy Phillips – CASE Committee and Avon Town Council f. Eric Heil – Town Manager g. Matt Pielsticker – Director of Community Development h. John Curutchet – Director of Recreation Center i. Danita Dempsey – CASE Manager j. Jason Denhart – Former CASE Committee Member k. Kathy Ryan – CASE Committee l. Ruth Stanley – CASE Committee 4. Painted Benches: In 2020, the Town engaged a local artist to create designs and paint six (6) park benches. This project was completed in September and the benches are located along Avon Road and E. Benchmark Road. I would like to continue this project by adding four (4) new painted benches in summer of 2021, if there is room in the approved budget. 5. Musical Instruments: In 2020, the Town purchased four playable music instruments which will be installed in late spring or early summer. 970-748-4065 ddempsey@avon.org FINANCIAL CONSIDERATIONS: The 2021 approved budget includes $45,000 for temporary and/or permanent art installations. Table 1 below identifies the current cost estimate for each project which I will continue to work towards gathering more accurate costs so that we come in at or under budget. This is a very exciting time! The Jury Panelist, CASE Committee and I are thrilled that Avon is taking the first steps to begin identifying itself as an “art community”. I will be providing updates to Town Council along the way. Thank you, Danita ATTACHMENTS EXHIBIT A – Arts Call Out / RFP Storm Drain Educational Art Installation EXHIBIT B – Town of Vail Storm Drain Educational Decals EXHIBIT C - Call For Artist / RFP Art Around Avon Program EXHIBIT D – Call For Artist / RFP Recreation Center Mural Project Art Installation Cost Estimate Rec. Center Mural 24,010$ Art Around Avon Program 20,990$ Storm Drain Educational Art 1,500$ Painted Benches 4,250$ TOTAL 50,750$ 2021 Temporary / Permanent Art Installations Table 1 Artist Call Out / Request for Qualifications Storm Drain Educational Art Installation Page 1 of 2 CALL FOR ARTIST / REQUEST FOR QUALIFICATIONS TOWN OF AVON STORM DRAIN EDUCATIONAL ART INSTALLATION for 2021 The Town of Avon, Colorado, (“Town”) invites all qualified artists to submit a Statement of Qualifications to provide professional artistic designs for printed decals to educate the public about storm drains and promote the health of our valuable natural waterways . The selected artists will be commissioned to create an original and specific work depicting one of the five Colorado wildlife species that live in or near our natural waterways, such as Cutthroat Trout, Boreal Toad, Bald Eagle, American Dipper, Stoneflies, American Beaver or other species at artists’ suggestion. The images will be digitally transferred to a slip resistant decal which will be adhered in proximity to selected storm drains throughout the Town of Avon. Selected artists will receive a $500 stipend. The enhancement of public places by integrating the creative work of artists improves the pedestrian experience and promotes vibrancy, creativity and livelihood in the community. The presence of and access to public art enlivens the public areas of bui ldings and their grounds and makes them more welcoming. It creates a deeper interaction with the places where we live, work, and visit. Public art illuminates the diversity and history of a community, and points to its aspirations for the future. In the past, motor oil, paint, detergents, paints, fertilizers, pesticides and household products have been dumped down storm drains in our communities. Unlike sanitary sewers, storm drains flow directly into our natural waterways unfiltered. Dumping waste down a storm drain is no different from dumping directly into our rivers, creeks and streams . The purpose of this art installation will be to highlight the direct connection between storm drains and our natural waterways. Site Description: Various storm drain sites in highly trafficked areas in the Town along main roadways, Main Street Mall, Recreation Center and surrounding public parks and playgrou nds. Anticipated Timeline: •Deadline for entry: January 15, 2021. •Proposed selection notification: March 1, 2021. •Commissioned art deadline: May 1, 2021. •Installation completed by June 1, 2021. Please submit Statements of Qualifications by January 15, 2021. Please submit one digital copy in PDF format to: Danita Dempsey, CASE Manager; Via E-Mail: ddempsey@avon.org Statement of Qualification Content: Interested artists should include the following information in the Statement of Qualifications. The Statement of Qualification should be in an 8 ½” x 11” portrait format with at least 12-point font size. EXHIBIT A Artist Call Out / Request for Qualifications Storm Drain Educational Art Installation Page 2 of 2 A. Qualifications: Submit summary statement of artistic work and style, vision and recommended approach for this project. B. Sample Work Product: Describe two (2) relevant past projects which best illustrate experience and expertise including a brief summary of each project and sample imagery. Any sample imagery provided to the Town shall remain the property of the applicant, and the Town shall not use any such imagery without the applicant’s express written consent. Annotated image list to accompany any submitted images (10 images max not to exceed 8MB). C. Artist’s References: Provide at least two (2) references for completed projects of similar size and scope, completed during the past three (3) years. Include the name of the organization, a brief summary of the work performed and the name , telephone number and e-mail address of the responsible contact person. D. Conflict of Interest & Litigation: Provide a statement regarding any conflicts of interest and listing of any litigation involving the artist in the past five (5) years and lawsuit dismissal and/or termination outcomes. The Town is not responsible for any expense for the preparation or submittal of the Statement of Qualifications. The Town has no obligation to select or use the services of any consultant submitting a Statement of Qualifications. The Town retains all rights to solicit and enter into agreements with consultants for services or projects deemed necessary by the Town. Any questions may be directed to Danita Dempsey at ddempsey@avon.org, (970) 748-4065. Exhibit B Town of Vail – Storm Drain Educational Decals Artist Call Out / Request for Proposal Art Around Avon Project Page 1 of 3 CALL FOR SCULPTURE ARTISTS / REQUEST FOR PROPOSAL TOWN OF AVON ART AROUND AVON PROGRAM for 2021 The Town of Avon, Colorado, (“Town”) requests proposals from multiple artists for the Art Around Avon Program to promote the display of visual art throughout the Town of Avon community for the benefit of residents and visitors. This is project of the Avon Town Council and Cultural, Arts & Special Events (“CASE”) Committee. The enhancement of public places by integrating the creative work of artists improves the pedestrian experience and promotes vibrancy, creativity and livelihood in the community. The presence of and access to public art enlivens public areas and their grounds and makes them more we lcoming. It creates a deeper interaction with the places where we live, work, and visit. Public art illuminates the diversity and history of a community, and points to its aspirations for the future. Overview: The Art Around Avon is a new program with the goal of selecting up to nine (9) visual art pieces for installation in pre-determined outdoor spaces in early June 2021. Selected artists will be engaged by the Town and paid a $900 stipend. The selected artist’s work will be on exhibition in an outdoor location for up to twelve (12) months during which time the artist may make the work available for sale. The Town shall produce and distribute materials regarding the work for marketing purposes, including photographs of the work for publicity or study. The Town shall retain 20% of the gross sale price of the selected artist work on exhibition in the Town through the Art Around Avon program. Project Intent: To establish the Art Around Avon Program to become an annual, year-long exhibition showcasing outdoor sculptures in visible places around the Town. Project Budget: Selected artists shall be paid a $900 stipend per piece of work selected. The artist shall perform all services and furnish all supplies, material and equipment as necessary f or the design, execution and fabrication of the work including transportation of the work to the installation site. Site Description: Various visible outdoor locations in highly trafficked areas in the Town along main roadways, Main Street Mall, Nottingham Park and playgrounds. The ground level base or platform, and/or raised pedestal for the work is provided by the Town and will be either brick pavers, sandstone, reinforced concrete or cut stone; and, based off location of the installation. Of high significance and priority is location #1 on Avon Road, round -about #4, at the conjunction of E. Benchmark Road and W. Benchmark Road. This location is considered the “Town Center” and will demand a larger and more prominent work with the ability to be seen by pedestrians from across Avon Road. Attachment A provides the type of material for the base, platform, pedestal, brick pavers, etc., space size, size restrictions for work, and imagery or links to imagery. Eligibility: 1.The Request for Proposals is open to all artists and artist teams residing and working in Colorado. 2.All applicants must be 18 years of age or older and have all necessary documentation and permits to work in the United States at the time of submittal. 3.Applicants must be able to complete and transport work before June 1, 2021. EXHIBIT C Artist Call Out / Request for Proposal Art Around Avon Project Page 2 of 3 4. Applicants must be able to pick up work before June 6, 2022. 5. Applicants must provide a statement regarding any conflicts of interest and listing of any litigation involving the artist in the past five (5) years and lawsuit dismissal and/or termination outcomes. Requirements of Work: 1. Safe for pedestrians 2. Of appropriate scale for street display 3. Able to withstand high winds and/or substantial temperature changes 4. Easy to maintain in an outdoor mountain environment 5. Freestanding but attachable to cut stone pedestal, brick pavers, reinforced concrete pedestal, sandstone, steel base or mounting plate (provided by the Town) for exhibit purposes. Application & Selection Process: The Town uses the web-based service, CallforEntry.orgTM, also known as CaFETM, to manage artist application and selection processes for the Art Around Avon program. Application shall include: 1. Artist and/or Artist Team Contact: Upload complete and accurate contact information. 2. Proposal: a. Include five (5) to eight (8) digital images of your proposed work. b. Project statement describing your approach and intention for the work. c. Special display and installation requirements for each entry. 3. References & Past Work: Three (3) relevant project references to include the following for each project: a. Main contact: Name, Organization, Email and Phone Number. b. Scope and description of project. c. Project budget. d. Project timeline. e. Project location. f. Minimum of three (3) digital images and maximum of eight (8) digital images. 4. All selected artists must execute a copy of the Art Around Avon Agreement – See Attachment B. Anticipated Timeline: • Artist Call for entry: January 20, 2021 • Deadline for entry: March 15, 2021 • Proposed selection notification: April 1, 2021 • Installation of work: June 1 through June 2, 2021 • Exhibition period for work: June 2, 2021 through May 23, 2022 • Art Around Avon Walk: June 4, 2021 Artist Call Out / Request for Proposal Art Around Avon Project Page 3 of 3 • Decommission and removal of work: May 23 through May 24, 2022 • Disposal deadline: June 6, 2022 The Town is not responsible for any expense for the preparation or submittal of the Request for Proposals. The Town has no obligation to select or use the services of any consultant submitting a Request for Proposals. The Town retains all rights to solicit and enter into agreements with consultants for services or projects deemed necessary by the Town. Any questions may be directed to Danita Dempsey at ddempsey@avon.org, (970) 748-4065. Art Around Avon | Site Descriptions January 20, 2021 Art Around Avon Attachment A: Site Descriptions January 20, 2021 Danita Dempsey | Cultural, Arts & Special Events Manager Art Around Avon: Site Descriptions January 20, 2021 #1 Avon Road | Center of RAB #4 #2 Avon Road | RAB #3 SW Corner #3 Avon Road | RAB #3 NW Corner Link to Google Map Image Link to Google Map ImageLink to Google Map Image Location # | Priority Location Description Base / Pedestal Material Approx. Space Size Weight Capacity Height Depth Width 1 Avon Road - Center of Round-About (RAB) #4 Reinforced concrete circular pedestal 13' Diameter Up to 6,500 lbs.N/A 13'13' 2 Avon Road - RAB #3 SW Corner Brick pavers @ 10' D x 17' W Up to 150 lbs.N/A 4'11' 3 Avon Road -RAB #3B NW Corner Reinforced red sandstone 10' D x 11' W Up to 1,400 lbs.N/A 4'5' Art Around Avon Program Size Restrictions of Work Art Around Avon: Site Descriptions January 20, 2021 #4 Avon Road | RAB #4 SE Corner Raised Platform #5 E. Benchmark Road & Beaver Creek Place NE Corner #6 E. Benchmark Road City Market Bus Stop Link to Google Map Image Link to Google Map Image Link to Google Map Image Location # | Priority Location Description Base / Pedestal Material Weight Capacity Height Depth Width 4 Avon Road - RAB #4 SE Corner Raised Platform Reinforced concrete platform 14' D x 14' W Up to 600 lbs.N/A 11'11' 5 E. Benchmark Road & Beaver Creek Place / NE Corner Brick pavers 9.5 D' x 16' W Up to 150 lbs.N/A 6' 5"13' 6 E. Benchmark Road @ City Market Bus Stop Cut stone pedestal 6' D x 6' W TBD N/A 5'5' Art Around Avon Program Size Restrictions Art Around Avon: Site Descriptions January 20, 2021 #8 E. Benchmark Road | Bus Stop Link to Google Map ImageLink to Google Map Image #7 Avon Road | RAB #4 SW Corner Location # | Priority Location Description Base / Pedestal Material Weight Capacity Height Depth Width 7 Avon Road - RAB #4 SW Corner Brick pavers 9' D x 16'.5" W Up to 150 lbs.N/A 6' 5"13' 8 E. Benchmark Road / Bus Stop Brick pavers 14' D x 22' 5" W Up to 150 lbs.N/A 11'19' 5" 9 Avon Road - RAB #4 NE Corner Brick pavers TBD Up to 150 lbs.N/A TBD TBD Art Around Avon Program Size Restrictions #9 Avon Road | RAB #4 NE Corner Link to Google Map Image ATTACHMENT B: ART AROUND AVON AGREEMENT between THE TOWN OF AVON And [_______________________] i Information about the Town’s Art Around Avon Program in the Town of Avon (for informational purposes only) Background. The Town of Avon (“Town”) established the Town of Avon Art Around Avon in 2021 to promote the display of visual art throughout the Avon community for the benefit of residents and visitors. Art Around Avon Application Process. The Town uses the web-based service, CallforEntry.org™, also known as CaFÉ™, to manage Artist application and selection processes for the first annual Art Around Avon street exhibition. Artists must upload contact information, digital images of their work, the weight, height and depth of the work, the price of the work, and all special display and installation requirements for each entry. The deadline for entries is March 15, 2021. Town selects up to ten sculptures for exhibition and will make its selections by approximately April 1, 2021. Town will pay selected artists a $900.00 honorarium at installation. All selected artists must execute a copy of this Art Around Avon Agreement. Requirements of Work. 1. Safe for pedestrians 2. Of appropriate scale for street display 3. Able to withstand high winds and/or substantial temperature changes 4. Easy to maintain in an outdoor mountain environment 5. Freestanding but attachable to cut stone pedestal, brick pavers, reinforced concrete pedestal, sandstone, steel base or mounting plate (provided by the Town) for exhibit purposes. ii TABLE OF CONTENTS 1. Art Around Avon INSTALL, DISPLAY, & REMOVAL ........................................................................ 1 (a) Generally ............................................................................................................................. 1 (b) Consistency of Work with Artist’s Proposal .......................................................................... 2 (c) Delivery and Installation of Work ......................................................................................... 2 (d) Marketing, Sale, & Donation of Work ................................................................................... 3 (e) Decommission & Removal of Work ..................................................................................... 3 (f) Risk of Loss ......................................................................................................................... 3 (g) Waiver of Rights Under Visual Artists Rights Act of 1990 (“VARA”) ..................................... 3 2. COORDINATION AND LIAISON ...................................................................................................... 3 3. WARRANTIES REGARDING THE WORK ....................................................................................... 4 4. SUBJECT TO LOCAL LAWS; VENUE ............................................................................................. 4 5. INSURANCE .................................................................................................................................... 4 6. INDEMNIFICATION .......................................................................................................................... 4 7. NO THIRD-PARTY BENEFICIARY ................................................................................................... 4 8. NOTICES .......................................................................................................................................... 5 9. SEVERABILITY ................................................................................................................................ 5 10. SURVIVAL OF CERTAIN AGREEMENT PROVISIONS................................................................... 5 11. AUTHORITY TO ENTER INTO AGREEMENT ................................................................................. 5 12. COUNTERPARTS OF THIS AGREEMENT ..................................................................................... 5 1 2021 Art Around Avon Agreement THIS AGREEMENT is made and entered into this ______ day of ___________ 2021, by and between the Town of Avon, a home rule municipality and political subdivision of the State of Colorado (“Town”) and the undersigned artist, ______________, whose address is _________________________________ (“Artist”). RECITALS A. In 2021, the Town established the Art Around Avon art program, which is an annual, year- long street exhibition showcasing outdoor sculptures in visible places around the Town of Avon. B. Artist submitted an application in response to the Town’s “Call for Entry” for this year’s Art Around Avon exhibition, including Artist’s contact information, digital images of the artwork, weight of the artwork, price of the artwork, and all special display and installation requirements for the artwork (collectively, the “Proposal”). C. Artist has been selected by the Town to design, execute, fabricate, deliver and install the artwork, consistent with the Proposal and as ultimately conceived, designed, fabricated, transported, delivered, engineered for installation, and ultimately installed by Artist (the “Work”) in accordance with the Major Dates Schedule, attached to this Agreement as EXHIBIT A and incorporated into this Agreement by this reference; D. A depiction of and title to the Work, so given by the Artist, is attached to this Agreement as EXHIBIT B and incorporated into this Agreement by this reference. E. Artist seeks to install the Work, consistent with the Proposal, at a Town-selected street display site within the Town of Avon (the “Site”) as part of the Art Around Avon exhibit period, and the Town seeks to pay Artist a $900.00 honorarium. AGREEMENT In consideration of the premises and the mutual covenants herein contained, and subject to the terms and conditions hereinafter stated, the Town and Artist agree as follows: 1. INSTALL, DISPLAY, & REMOVAL. (a) Generally. (i) Artist shall perform all services and furnish all supplies, material and equipment as necessary for the design, execution and fabrication of the Work, and shall, either directly or through qualified sub-consultants, undertake the transportation of the Work to the Site. 2 (ii) The Work shall be committed to the Town for the duration of the Art Around Avon, the Town exhibit period, even in the event of a sale. (b) Consistency of Work with Artist’s Proposal. (i) After the Town’s written approval of the Proposal, Artist shall complete the fabrication and transportation of the Work in conformity with the Proposal. (ii) Artist shall present to the Town in writing for further review and approval any significant changes in the scope, design, color, size, material or texture of the Work. If there is a significant change to the Work, as determined in the Town’s sole discretion, or if Artist seeks to substitute the artwork described in the Proposal with different artwork, the Town may elect not to include Artist in the Art Around Avon exhibit and terminate this Agreement. (c) Delivery and Installation of Work. (i) Artist is responsible for ensuring that the Work is made to be installed for public display, including ensuring that the Work is safe for pedestrians, of appropriate scale for street display, able to withstand high winds and/or substantial temperature changes, easy to maintain in an outdoor mountain environment, and freestanding but attachable to concrete pedestal, steel base, or mounting plate (provided by the Town) for exhibit purposes. (ii) Artist shall identify to the Town all special display and installation requirements for welding or bolting the Work to a concrete pedestal, steel base, or mounting plate for exhibit purposes. (iii) Artist shall deliver the Work for installation to the Town designated Site in accordance with the Major Dates Schedule, attached to this Agreement as EXHIBIT A and incorporated into this Agreement by this reference. (iv) The Town shall pay Artist a nine hundred-dollar ($900.00) honorarium. (v) The Town shall install the Work, with all necessary assistance and support from Artist as required by the Town. The Town reserves the right to make all installation and placement decisions and to make emergency repairs to the Work when necessary, as determined by the Town in its sole discretion. (vi) The Town shall install signage for the Work to identify Artist, the Work’s title, if any, and the Work’s price, in accordance with the Proposal. (d) Marketing, Sale, & Donation of Work. (i) Town shall produce and distribute informational materials regarding the Work for marketing purposes, including photographs of the Work for publicity or study. (ii) The purchase price for any sale shall be consistent with the price listed in Artist’s proposal, unless Artist has provided sixty (60) days’ advance written notice to the Town of a price increase or decrease for the Work. 3 (iii) In the event of a sale of the Work during the exhibit period or ninety (90) days following the exhibit period, the Town shall receive the full purchase price from the purchaser, and the Town shall then remit to Artist the purchase price less the Town’s commission of 20% of the purchase price. (iv) In the event either Artist or a third party seeks to donate the Work to the Town, Artist, Town, and any such third-party shall enter into a donation agreement. (e) Decommission & Removal of Work. (i) Upon conclusion of the Art Around Avon exhibit period and by the Decommission & Removal Deadline set forth on EXHIBIT A, Artist shall decommission and remove the Work. (ii) If Artist fails to remove the Work by the Decommission & Removal Deadline, the Town may decommission, remove, and store the Work, without liability whatsoever, in an interim storage area selected by the Town in its sole discretion. If Artist does not remove the Work from the interim storage area on or before the Disposal Deadline set forth on EXHIBIT A, the Work shall automatically become the property of the Town at no cost to the Town, and the Town may donate, sell, or otherwise dispose of the Work. (f) Risk of Loss. The risk of loss or damage to the Work shall be borne by Artist during delivery and installation of the Work, and Artist shall take such measures as are necessary to protect the Work from loss or damage. (g) Waiver of Rights Under Visual Artists Rights Act of 1990 (“VARA”). Artist understands and agrees that, as to his or her rights in the Work, the provisions of this Agreement shall supersede the provisions of the Visual Artists Rights Act of 1990 (“VARA”), 17 U.S.C. §101 et. seq., as amended, including but not limited to §106A(a) and §113, as to the Work, and that execution of this Agreement by Artist shall constitute a waiver by Artist, as permitted in 17 U.S.C. §106A(e), as amended, of any and all rights or protections in the Work, and any uses of the Work whatsoever, set out in or otherwise granted by 17 U.S.C. §101, et seq., as amended, including but not limited to §106A(a) or §113, or otherwise in the nature of "Droit Moral" under which artists claim an interest in the Work. Artist understands that, despite the Town’s commitment not to intentionally damage, alter, or modify the Work without the prior written approval of Artist, installing, exhibiting, removing, or storing the Work may subject the Work to destruction, distortion, mutilation, or other modification. 2. COORDINATION AND LIAISON Town orders and directs all services under this Agreement and, until otherwise notified by the Town Council, is designated as the authorized representative of the Town through whom services performed under this Agreement shall be coordinated. Artist agrees that during the term of this Agreement, Artist shall fully coordinate all work hereunder as directed by the Town and other the Town agencies or departments. 4 3. WARRANTIES REGARDING THE WORK Artist represents and warrants to the Town that: the Work is available for purchase; the Work is solely the result of Artistic effort of Artist; the Work is unique and original and does not infringe upon any copyright; the Work is free and clear of any liens or claims from any source whatsoever; the Work, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of “inherent vice” or qualities which cause or accelerate deterioration of the Work; the Work is professionally constructed of durable materials; the Work does not have easily damaged parts, is suitable for indoor and/or outdoor public display, and is constructed in a manner to avoid potential liability, safety risks to the general public, or maintenance (except cleaning). 4. SUBJECT TO LOCAL LAWS; VENUE The provisions of Colorado law, the Town of Avon Home Rule Charter, the Town of Avon Municipal Code, ordinances, and regulations, as the same may be amended from time to time, are hereby expressly incorporated into this Agreement as if fully set out herein by this reference. Venue for any action arising hereunder shall be in Garfield County, Colorado. 5. INSURANCE In the event of damage, vandalism or theft to the Work during the exhibition period, the Town shall provide up to $500 directly to the artist, towards cost of repairs. Artist shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 6. INDEMNIFICATION Artist shall defend, release, indemnify and save and hold harmless the Town against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the Town, and shall defend, release, indemnify, and save and hold harmless the Town from any and all claims, demands, suits, liabilities, actions, causes of action, or legal or equitable proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of Artist’s activities in connection herewith, including acts or omissions of Artist or his or her officers, employees, representatives, suppliers, invitees, licensees, subconsultants, contractors, and agents; provided, however, that Artist need not indemnify and save harmless the Town, its officers, agents, and employees from damages proximately resulting from the sole negligence of the Town’s officers, agents, and employees. This indemnity clause shall also cover payment of the Town’s defense costs in the event that the Town, in its sole discretion, elects to provide its own defense. 7. NO THIRD PARTY BENEFICIARY It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Town and Artist, and nothing contained in this Agreement shall give or allow any such claim or right of 5 action by any other or third person on such Agreement. It is the express intention of the Town and Artist that any person or entity other than the Town or Artist receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 8. NOTICES All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by certified mail, return receipt requested, postage prepaid, as follows: If to the Town: Town of Avon Town Hall ATTN: Danita Dempsey P.O. Box 975 100 Mikaela Way Avon, Colorado 81620 If to Artist: The address first above written. 9. SEVERABILITY It is understood and agreed by the parties hereto that if any part, term, or provision of this Agreement is held by the Courts to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 10. SURVIVAL OF CERTAIN AGREEMENT PROVISIONS The parties understand and agree that all terms, conditions and covenants of this Agreement, together with the exhibits hereto, any or all of which, by reasonable implication, contemplate continued performance or compliance beyond the expiration or termination of this Agreement (by expiration of the term or otherwise), shall survive such expiration or termination and shall continue to be enforceable as provided herein for a period equal to any and all relevant statutes of limitation, plus the time necessary to fully resolve any claims, matters, or actions begun within that period. 11. AUTHORITY TO ENTER INTO AGREEMENT The person or persons signing and executing this Agreement on behalf of Artist, do hereby warrant and guarantee that he/she or they have been fully authorized by Artist to execute this Agreement on behalf of Artist and to validly and legally bind Artist to all the terms, performances and provisions herein set forth. 12. COUNTERPARTS OF THIS AGREEMENT This Agreement shall be executed in counterparts, each of which shall be deemed to be an original of this Agreement. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. TOWN: By: Name: (please print) ARTIST: By: Name: (please print) 7 EXHIBIT A Major Dates Schedule 1. Artist Call for Entry: January 20, 2021 2. Deadline for entry: March 15, 2021. 3. Proposed selection notification: April 1, 2021. 4. Installation of work: June 1 through June 2, 2021. 5. Exhibition period for work: June 2, 2021 through May 23, 2022. 6. Decommission and removal of work: May 23 through May 24, 2022 7. Art Around Avon Walk / Reception: June 4, 2021 8. Disposal deadline: June 6, 2022 8 EXHIBIT B Depiction & Title of the Work As provided by artist in application Call For Artist / Request for Proposal Avon Recreation Center Mural Project Page 1 of 4 CALL FOR MURAL ARTISTS / REQUEST FOR PROPOSAL TOWN OF AVON RECREATION CENTER MURAL PROJECT for 2021 The Town of Avon, Colorado, (“Town”) requests proposals from multiple mural artists or artist teams to create an original mural or murals for the east facing exterior concrete block wall(s) of the Avon Recreation Center located on Mikaela Way. This is project of the Avon Town Council and Cultural, Arts & Special Events (“CASE”) Committee. Overview: The Recreation Center Mural Project (“Mural”) will help to establish a creative identity and spirit for the developing hardscape connection between the west end of the Main Street Mall and Harry A. Nottingham Park; the crowned jewel of the Town. The Mural will become a significant landmark, focal point, and gateway to Nottingham Park which inspires community, conversation and connection. Applicants may apply to design murals for one, two or all three walls although one artist or artist team for all three walls is preferred. The enhancement of public places by integrating the creative work of artists improves the pedestrian experience and promotes vibrancy, creativity and livelihood in the community. The presence of an d access to public art enlivens public areas and their grounds and makes them more welcoming. It creates a deeper interaction with the places where we live, work, and visit. Public art illuminates the diversity and history of a community, and points to its aspirations for the future. Project Intent: To create a significant landmark, focal point and gateway between the east entry to Nottingham Park and the Main Street Mall which inspires community, conversation, connection; and, identifies Avon as an art community. The selected artist is responsible for working with Town representatives on all aspects to include multiple iterations of design. Design & Theme: The CASE Committee is seeking a design that will delight people with a unique and cheerful character representative of the mountain lifestyle. The theme could speak to the beauty of the area’s natural resources (Nottingham Park and Lake, Eagle River, native wildlife and/or plant/floral life); cultural legacy (Salute to the USA signature event, AvonLIVE! concert series, bronze sculpture collection), historical preservation (Metcalf Cabin, Nottingham Ranch, water wheel and Bob the Bridge); or the future of our creative and influences of our Latino cultural landscape. The design should not be landscape of mountain scenery nor demonstratively urban. Project Budget: Selected artist shall be paid up to a $10,000 stipend - See Table 1. The project budget is all-inclusive and must include all design fees, commercial liability insurance, all costs and materials for installation, including transportation, lodging and meals. The Town will clean and prime the site prior to installation. The Town shall provide a boom lift and/or scissor lift for no more than 15 consecutive days for all three (3) walls. Any additional days required by artist must be communicated in the artist proposal submission. EXHIBIT D Call For Artist / Request for Proposal Avon Recreation Center Mural Project Page 2 of 4 Site Description: East facing exterior concrete block wall(s) of the Avon Recreation Center located on Mikaela Way. The site is high visibility (pedestrians, motorists, cyclists) and has unique characteristics. At the base of Wall A and Wall B, is a ramp at lower than ground level to the loading dock of the Recreation Center with many exterior utility features and doors. Additionally, Wall B has three windows of equal size; and, Wall C has one large window. See Attachment A. • Wall A: 34' Tall x 48' Wide | Sq. Footage = 1,632 • Wall B: 34' Tall x 35’2” Wide | Sq. Footage = 1,197 • Wall C: 26’ 75” Tall x 33’ 5” Wide | Sq. Footage 897 • Total Combined Sq. Ft. = 3,726 Eligibility: 1. The Request for Proposals is open to all artists and artist teams residing and working in Colorado. 2. All applicants must be 18 years of age or older and have all necessary documentation and permits to work in the United States at the time of submittal. 3. Applicants must be able to complete work before June 15, 2021. 4. Applicants must provide a statement regarding any conflicts of interest and listing of any litigation involving the artist in the past five (5) years and lawsuit dismissal and/or termination outcomes. Criteria for Art: 1. Quality – The consideration of highest priority is the inherent artistic excellence of the mural(s) artwork as well as representing a diverse range of appeal within the community. 2. Timelessness – Mural(s) will be viewed as a long-term acquisition that should have aesthetic relevance to the community in future years and reflect enduring artistic quality. 3. Site Compatibility & Appropriateness – Mural(s) must be appropriate in scale, material form and content for both the immediate and general, social and physical environment in which the Mural(s) will be placed. 4. Elements of Design – The consideration that the Mural(s) will serve to establish a significant focal point, define spaces, inspire community, conversation and connections, establish creative identity, and create a gateway, among other things. 5. Permanence & Safety – Consideration will be given to permanence, protection against vandalism, weathering and excessive maintenance and repair costs. Wall Tall Width Sq. Ft. % of Total Sq. Ft. Artist Stipend A 34' 48'1,632 43.80% 4,380$ B 34'35' 2" 1,197 32.10% 3,210$ C 26' 75" 33" 5"897 24%2,400$ Table 1 Call For Artist / Request for Proposal Avon Recreation Center Mural Project Page 3 of 4 Artist Criteria: 1. Cooperation – Ability of the Mural artist(s) to work closely and cooperatively with CASE and Town staff. 2. Expertise - Demonstrates knowledge and experience of public mural art. 3. Presentation – Ability of the Mural artist(s) to clearly describe concepts verbally and through quality written materials. 4. Technical Feasibility - Ability of the Mural artist(s) to carry out the concepts described in the proposed Mural(s). 5. Timelines - Ability of the Mural artist(s) to deliver the mural art according to the agreed schedule. 6. Aesthetic Standard - CASE shall have the right to withhold recommending acceptance to Town Council of a Mural(s) until it clearly meets standards of artistic achievement agreed upon by most of the CASE members. Application & Process: The Town uses the web-based service, CallforEntry.orgTM, also known as CaFETM, to manage artist applications and selection processes for the Mural Project. Application shall include: 1. Artist and/or Artist Team Contact: Upload complete and accurate contact information. 2. Proposal: a. Include 1 to 5 images of your proposed (Mural(s) design (sketches, digital design, mock-up). b. Project statement describing your approach and intention for the Mural (s). 3. References & Past Work: Three (3) relevant mural project references to include the following for each project: a. Main contact. b. Scope and description of project. c. Project budget. d. Project timeline. e. Project location. f. Minimum of three (3) digital images and maximum of eight (8) digital images. 4. All selected artists must execute a copy of the Professional Services Agreement (“PSA”) – See Attachment B. Anticipated Timeline: • Artist Call for entry: January 27, 2021 • Deadline for entry: February 22, 2021. • Proposed selection notification: March 22, 2021. • Installation of work: June 1 through June 15, 2021. • Completion of work: June 15, 2021 Call For Artist / Request for Proposal Avon Recreation Center Mural Project Page 4 of 4 The Town is not responsible for any expense for the preparation or submittal of the Request for Proposals. The Town has no obligation to select or use the services of any consultant submitting a Request for Proposals. The Town retains all rights to solicit and enter into agreements with consultants for services or projects deemed necessary by the Town. Any questions may be directed to Danita Dempsey at ddempsey@avon.org, (970) 748-4065. Avon Recreation Center Mural | Site Description January 27, 2021 Avon Recreation Center Mural Project Attachment A: Site Description January 27, 2021 Danita Dempsey | Cultural, Arts & Special Events Manager CAvon Recreation Center Mural | Site Description January 27, 2021 Street View of all Three Walls Total Combined Sq. Ft. = 3,726 Wall C: 26’ 75” Tall x 33’ 5” Wide Sq. Ft. 897 Wall B: 34' Tall x 35’ 2” Wide Sq. Ft. 1,197 Wall A: 34' Tall x 48' Wide Sq. Ft. 1,632 CAvon Recreation Center Mural | Site Description January 27, 2021 Street View of Loading Dock Area Loading Dock Landing CAvon Recreation Center Mural | Site Description January 27, 2021 Independent Contractor Agreement Form - 2021 Page 1 of 7 2021 Independent Contractor Service Agreement For Avon Recreation Center Mural Project This Independent Contractor Service Agreement (“Agreement”) dated as of _______________, 2021, is between the Town of Avon, a Colorado home rule community (“Town”) and _______________, a ____________ of the State of ____________, whose business address is ______________________ (“Contractor” and, together with the Town, “Parties”). 1. Services: Contractor agrees to provide services (“Services”) as described in the proposal (“Proposal”) attached hereto and incorporated herein as Exhibit A. To the extent the provisions of this Agreement conflict with the Proposal, the terms of this Agreement shall control. Contractor shall provide and complete the Services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in Colorado . Contractor hereby warrants that it has the workforce, training, experience and ability necessary to properly complete the Services in a safe and timely fashion. Contractor will comply, and cause all of its employees, agents and subcontractors to comply, with applicable safety rules and security requirements while performing the Services. 2. Independent Contractor: The Contractor shall perform the Services as an independent contractor and shall not be deemed by virtue of this Agreement, or any other document attached or referenced herein, to have entered into any partnership, joint venture, employer/employee or other relationship with the Town other than as a contracting party and independent contractor. The Town shall not be obligated to secure, and shall not provide, any insurance coverage or employment benefits of any kind o r type to or for the Contractor or the Contractor’s employees, sub-consultants, contractors, agents, or representatives, including coverage or benefits related but not limited to: local, state, or federal income or other tax contributions; insurance contributions (e.g., FICA); workers’ compensation; disability, injury, or health; professional liability insurance, errors and omissions insurance; or retirement account contributions. 3. Insurance: 3.1. Minimum Amounts. The Contractor shall obtain and shall continuously maintain during the Term (as defined herein) of this Agreement insurance of the kind and in the minimum amounts specified in this Section 3.1. The Required Insurance (defined below) shall be procured and maintained with insurers with an A- or better rating as determined by Best’s Key Rating Guide. All Required Insurance shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor. The Contactor shall secure and maintain the following (“Required Insurance”): A. Worker’s Compensation Insurance in the minimum amount required by applicable law for all employees and other persons as may be required by law. Such policy of insurance , if any, shall be endorsed to include the Town as a Certificate Holder. B. Comprehensive General Liability insurance with minimum combined single limits of One Million Dollars ($1,000,000.00) each occurrence and of One Million Dollars ($1,000,000.00) aggregate. The policy shall be applicable to all premises and all operations of the Contractor. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests’ provision. Independent Contractor Agreement Form - 2021 Page 2 of 7 Coverage shall be provided on an “occurrence” basis as opposed to a “claims made” basis. Such insurance shall be endorsed to name the Town as Certificate Holder and name the Town, and its elected officials, officers, employees and agents as additional insured parties. 3.2. Additional Requirements for All Policies. In addition to specific requirements imposed on insurance by this Section 3. INSURANCE and its subsections, insurance shall conform to all of the following: A. For both Required Insurance and other insurance carried by Contractor (“Contractor Insurance”), all policies of insurance shall be primary insurance, and any insurance carried by the Town, its officers, or its employees shall be excess and not contributory insurance to that provided by the Contractor; provided, however, that the Town shall not be obligated to obtain or maintain any insurance whatsoever for any claim, damage, or purpose arising from or related to this Agreement and the Services. The Contractor shall not be an insured party for any Town-obtained insurance policy or coverage. B. For both Contractor Insurance and Required Insurance, the Contractor shall be solely responsible for any deductible losses. C. For Required Insurance, no policy of insurance shall contain any exclusion for bodily injury or property damage arising from completed operations. D. For Required Insurance, every policy of insurance shall provide that the Town will receive notice no less than thirty (30) days prior to any cancellation, termination, or a material change in such policy. 3.3. Failure to Obtain or Maintain Insurance. The Contractor’s failure to obtain and continuously maintain policies of insurance in accordance with this Section 3. INSURANCE and its subsections shall not limit, prevent, preclude, excuse, or modify any liability, claims, demands, or other obligations of the Contractor arising from performance or non-performance of this Agreement. Failure on the part of the Contractor to obtain and to continuously maintain policies providing the required coverage, conditions, restrictions, notices, and minimum limits shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or, at its discretion, the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Town shall be repaid by Contractor to the Town immediately upon demand b y the Town, or at the Town’s sole discretion, the Town may offset the cost of the premiums against any monies due to the Contractor from the Town pursuant to this Agreement. 3.4. Insurance Certificates. Prior to commencement of the Services, the Contractor shall submit to the Town applicable certificates of insurance for all Required Insurance. Insurance limits, term of insurance, insured parties, and other information sufficient to demonstrate conformance with this Section 3. INSURANCE and its subsections shall be indicated on each certificate of insurance. Certificates of insurance shall reference the Project Name as identified on the first page of this Agreement. The Town may request, and the Contractor shall provide within three (3) business days of such request a current certified copy of any policy of Required Insurance and any endorsement of such policy. The Town may, at its election, withhold payment for Services until the requested insurance policies are received and found to be in accordance with the Agreement. 4. Payment: Payment for Services shall be due only after the Services are completed to the Town’s satisfaction, which satisfaction shall be determined by the Town in its sole and reasonable discretion, and after Contractor has submitted an invoice for the amount due complete with the Contractor’s taxpayer identification number or social security number. Town shall pay Contractor according to the following installment schedule and within thirty (30) days after: Independent Contractor Agreement Form - 2021 Page 3 of 7 A. twenty-five percent (25%) upon delivery of final art design agreed to by all parties B. twenty-five percent (25%) on the first day mural installation C. remaining fifty percent (50%) on the final day of mural installation; and, 5. Ownership of Documents: Work Product is Property of Town. Upon complete payment for services rendered, the Work Product, shall be deemed work made for hire and made in the course of Services performed under this Agreement and will be the exclusive property of Town. Town will have unlimited right to make, have made, use, reconstruct, repair, modify, reproduce, publish, distribute and sell the Work Product, in whole or in part, or combine the Work Product with other matter, or not use the Work Product at all, as it sees fit. Including but not limited to all branding, marketing and promotional materials, civic engagement and communications. 5.1 Any reuse of the Work Product produced under this Agreement for any purpose not directly related to this Agreement will be at the sole risk of Town. 5.2 Obligations of Contractor’s Personnel and Subcontractors. Contractor warrants it has enforceable written agreements with all of its personnel and subcontractors to be involved in performing the Services that: A. assign to Contractor ownership of all patents, copyrights and other proprietary rights created in the course of their employment or engagement; and B. obligate such personnel or subcontractors, as the case may be, upon terms and conditions no less restrictive than are contained in this Section 5 OWNERSHIP OF DOCUMENTS, not to use or disclose any proprietary rights or information learned or acquired during the course of such employment or engagement including, without limitation, any Work Product, all Contractor property and any other information pursuant to this Section 5 OWNERSHIP OF DOCUMENTS. 5.3 Assignment of Proprietary Rights. To the extent that any title to any Work Product may not, by operation of law, vest in Town, or such Work Product may not be considered to be work made for hire, Contractor hereby irrevocably transfers and assigns to Town in perpetuity all worldwide right, title and interest in and to the patent rights, copyrights, trade secrets and other proprietary rights in and ownership of, the Work Product. 5.4 Town Furnished Information. Title to all materials and all documentation furnished by the Town to Contractor will remain in the Town. The Contractor will deliver to the Town and any all Work Product and property, including copies thereof on whatever media rendered, upon the first to occur of: A. the Town’s written request; or B. completion of the Services under this Agreement; or C. termination of this Agreement. 5.5 The Contractor waives any right to prevent its name from being used in connection with the Services. 6. Illegal Aliens: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not contract with a subcontractor that fails to certify that the subcontractor does not knowingly employ or contract with any illegal aliens. By entering into this Agreement, Contractor certifies as of the date of this Agreement it does not and shall not knowingly employ or contract Independent Contractor Agreement Form - 2021 Page 4 of 7 with an illegal alien who will perform work under the public contract for services and that the Con tractor will participate in the e-verify program or department program in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. The Contractor is prohibited from using either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. If the Contractor obtains actual knowledge that a subcontractor performing work und er this Agreement knowingly employs or contracts with an illegal alien, the Contractor shall be required to notify the subcontractor and the Town within three (3) days that the Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien. The Contractor shall terminate the subcontract if the subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving the notice regarding Contractor’s actual knowledge. The Contractor shall not terminate the subcontract if, during such three days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. The Contractor is required to comply with any re asonable request made by the Department of Labor and Employment made in the course of an investigation undertaken to determine compliance with this provision and applicable state law. If the Contractor violates this provision, the Town may terminate this Agreement, and the Contractor may be liable for actual and/or consequential damages incurred by the Town, notwithstanding any limitation on such damages provided by such Agreement. Town Unilateral Termination: Town may terminate this Agreement without cause upon delivery of written notice to the Contractor at least ten (10) days prior to the effective date of termination or may terminate this Agreement immediately upon delivery of written notice if Contractor fails to provide the Services in accordance with the terms of this Agreement. 7. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials, employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 8. Affirmative Action: Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Contractor will take affirmative action to ensure applicants are employed, and employees are treated during em ployment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 9. No Third-Party Beneficiaries: Nothing contained in this Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third -party, including any agent, sub-consultant or sub-contractor of Contractor. Absolutely no third-party beneficiaries are intended by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and unintended beneficiary only. 10. Limitation of Damages: The Parties agree that Contractor’s remedies for any claims asserted against the Town shall be limited to proven direct damages in an amount not to exceed payment amounts for Services due under the Agreement and that Town shall not be liable for indirect, incidental, special, consequential or punitive damages, including but not limited to lost profits. 11. Indemnity: To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless Town, its members, affiliates, officers, directors, partners, employees, and agents from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney’s fees, arising out Independent Contractor Agreement Form - 2021 Page 5 of 7 of the performance of the Services, provided that any such claim, damage, loss or expense is caused by any negligent act or omission of Contractor, anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, except to the extent any portion is caused in part by a party indemnified hereunder. 12. Governing Law, Venue, and Enforcement: This Agreement shall be governed by and interpreted according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be in the appropriate court for Eagle County, Colorado. To reduce the cost of dispute resolution and to expedite the resolution of disputes under this Agreement, the Parties hereby waive any and all right either may have to request a jury trial in any civil action relating primarily to the enforcement of this Agreement. The Parties agree the rule providing ambiguities in a contract are to be construed against the drafting party shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and any exhibit or attachment, the language of this Agreemen t shall govern. 13. Term. The provision of Services under this Agreement shall commence on __/___ /2021 (the “Effective Date”) and will terminate on ____/___/2021 (cumulatively, the “Term”); provided, however, under no circumstances will the Term exceed the end of the current Town Fiscal year (January 1 – December 31). The Contractor understands and agrees that the Town has no obligation to extend this Agreement’s Term, or contract for the provision of any future services, and makes no warranties or representa tions otherwise. Notwithstanding the foregoing, the Parties may mutually agree in writing to the monthly extension of this Agreement for up to twelve (12) consecutive calendar months if such extension is approved by the Town Council and the Contractor and such extension does not alter or amend any of the terms or provisions of this Agreement. 14. Article X, Section 20/TABOR. The Parties understand and acknowledge that the Town is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resol utions of Town of Avon, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. 15. Background Check. A background check of Contractor and any Contractor’s employees or subcontractors may be required by the Town. Contractor can provide proof of a CBI check within the past six (6) months and shall provide a copy prior to the commencement of any Services (this can be acquired online by going to www.colorado.gov) or the Town will conduct the background check and provide a submission form to be completed by the Contractor. Independent Contractor Agreement Form - 2021 Page 6 of 7 AGREEMENT READ, UNDERSTOOD AND APPROVED: TOWN OF AVON CONTRACTOR By: ____________________________________ By: ____________________________________ Name: Eric Heil Name: _________________________________ Title: Town Manager Title: __________________________________ Independent Contractor Agreement Form - 2021 Page 7 of 7 EXHIBIT A Contractor Proposal