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22.03.09 ICA Energy Efficiency Program (2)
AVan 2022 Independent Contractor COLORADO Service Agreement for Town of Avon Community Energy Efficiency Program This Independent Contractor Service Agreement (`Agreement') dated as of February 21, 2022, is between the Town of Avon, a Colorado home rule community(`Town') and Walking Nbuntains Science Center, a community-based nonprofit 501c3 organization of the State of Colorado (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 ofthis 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 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 shallpeiformthe Services as an independent contractor and shall not be deemed by virtue of this Agreement to have entered into any partnership,joint venture, employer/employee or other relationship with the Town other than as a contracting party and independent contractor. The Town shall not be obligated to secure, and shall not provide, any insurance coverage or employment benefits of any kind or type to or for the Contractor or the Contractor's employees, sub- consultants,contractors,agents,or representatives,including coverage or benefits related but not limited to: local, state, or federal income or other tax contributions; insurance contributions (e.g., FICA); workers' compensation;disability,injury,or health;professional liability insurance,errors and omissions insurance;or retirement account contributions. 3. Insurance: 3.1. Mnimum Amounts. The Contractor shall obtain and shall continuously maintain during the term 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 byBest'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 Mllion Dollars ($1,000,000.00)Dollars each occurrence and of One Mllion Dollars ($1,000,000.00)aggregate. The policy shall be applicable to all premises and all operations ofthe Contractor. The policy shall include coverage for bodily injury,broad form property damage(including completed operations),personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. Coverage shall be provided on an `occurrence"basis as opposed to a 'Claims made"basis. Such insurance shall be endorsed to name the Town as Certificate Holder and name the Town,and its elected officials,officers,employees and agents as additional insured parties. 3.2. Additional Requirements for All Policies. In addition to specific requirements imposed on insurance by this Section 3.INSURANCE and its subsections,insurance shall conform to all ofthe following: A For both Required Insurance and other insurance carried by Contractor ("Contractor Insurance'),all policies ofinsurance shall be primary insurance,and any insurance carried bythe 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,orpuipose 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 ofthe Contractor arising from performance or non-performance of this Agreement. Failure on the part of the Contractor to obtain and to continuously maintain policies providing the required coverage,conditions,restrictions,notices, and minimum limits shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or, at its discretion,the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith,and all monies so paid by the Town shall be repaid by Contractor to the Town immediately upon demand by the Town, or at the Town's sole discretion, the Town may offset the cost of the premiums against any monies due to the Contractor from the Town pursuant to this Agreement. 3.4. Insurance Certificates. Prior to commencement ofthe 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 ofinsurance. Certificates ofinsurance 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 on a quarterly basis and after Contractor has submitted an invoice for the amount due complete with the Contractor's taxpayer identification number or social security number. Town shall pay Contractor within thirty(30)days after an invoice in proper form is submitted to Town. 5. Ownership of Documents: 5.1 Work Product is Property of Town. Upon complete payment for services rendered, the Work Product, as defined in Sub-Section 1.1, 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. Any reuse ofthe WorkProductproducedunderthis Agreement for anypurpose 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 maybe,upon terms and conditions no less restrictive than are contained in this Section 5 OWNERSHIP OF DOCUIVENI'S, 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 fast to occur of A the Town's written request;or B. completion ofthe 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: Employment ofor Contracts with Workers without authorization.This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work This paragraph shall not apply to any services falling under the exceptions provided for in C.RS. 8-17.5-101(b)(1)- (V). Contractor shall not knowingly employ or contract with an worker without authorization to perform work under this Agreement Contractor shall not contract with a subcontractor that fails to certify that the subcontractor does not knowingly employ or contract with any workers without authorization.By entering into this Agreement,Contractor certifies as ofthe date ofthis Agreement it does not knowingly employ or contract with an worker without authorization who will perform work under the public contract for services and that the Contractor will participate in the e verify program or department program in order to confirm the employment eligibility of all employees who are newly hired for employment to perfomi work under the public contract for services. The Contractor is prohibited from using either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. If the Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an worker without authorization, 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 worker without authorization. The Contractor shall terminate the subcontract if the subcontractor does not stop employing or contracting with the worker without authorization 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 worker without authorization. The Contractor is required to comply with any reasonable request made by the Department of Labor and Employment made in the course of an investigation undertaken to determine compliance with this provision and applicable state law. If the Contractor violates this provision, the Town may terminate this Agreement, and the Contractor may be liable for actual and/or consequential damages incurred by the Town,notwithstanding any limitation on such damages provided by such Agreement. 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 ofthe 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 employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates ofpay or other forlib 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 ofthe performance ofthe 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 maybe 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. Ifthere is any conflict between the language of this Agreement and any exhibit or attachment,the language of this Agreement shall govern. AGREEMENT READ,UNDERSTOOD AND APPROVED TOWN OF AVON CONTRACTOR Digitally signed by Eric Heil EricHeil AvDonc,ouEricTownHeil,Managero=Town,of Nicole (Nikki) Digitally signed by Nicole(Nikki) email=eric@avon.org,c=US Maline BY Date: BY: 2022.02.25 12:01:52-07'00' M a l i n e Date:2022.02.22 16:36:45-07'00' Eric Heil,Town Manager Nilkki Mahe,Energy Programs Director Town of Avon Walking Nbuntains Science Center eheil@avon.org nMdm( walkingmountains.org office:970.748.4004 office:970-827-9725 x135 cell:970-445-8004 318 Walking Nbuntains Lane I PO Box 9469 Avon CO 81620 walking mountains EnergySmart VO fl sustainability C 9Y Ao 0 COLORAD❑ EXHIBIT A- 2022 SCOPE OF SERVICES Community Energy Efficiency Program 1/1/2022 through 12/31/2022 CONTACT INFORMATION Walking Mountains Science Center P.O. Box 9469,Avon,CO 81620 Contact:Nikki Maline,Energy Programs Director Office Phone: 970-328-8777 Email: nikkim@walkingmountains.org Website: www.walkingmountains.org/energy ORGANIZATION PROFILE The mission of Walking Mountains Science Center is to"awaken a sense of wonder and inspire environmental stewardship and sustainability through natural science education."Walking Mountains is a community-based nonprofit 501c3 organization in Avon, Colorado that educates residents and visitors while helping businesses, individuals and local governments become more environmentally sustainable. Walking Mountain Science Center(WMSC) Sustainability Department's objective is to act as an agent of change to achieve local climate action goals and improve the social, economic, and environmental resilience of the Eagle County community.We serve as a resource and education hub to inspire action from local to global. Through this objective our staff implement multiple strategies to educate,outreach, and provide opportunities for action. Sustainability staff work across various sectors including energy&buildings, climate action, sustainable business, and waste diversion and reduction while using a lens of equity. Through the Energy Smart Colorado program,Walking Mountains provides energy coaching, comprehensive home energy assessments(at a highly discounted and affordable rate), and rebates to both businesses and homes, including increased specific low-moderate income household incentives. PURPOSE OF PROGRAM/PARTNERSHIP To create a system of incentives that are specific and targeted for the Town of Avon community in order to increase participation in the local Energy Smart Colorado program. Homes and buildings that invest in improvements rebated through Walking Mountains for Energy Efficiency,Renewable Energy, and Building Electrification significantly help our community reach our local climate action plan goal of an overall 50%reduction of greenhouse gas emissions by 2030 (from a 2014 baseline). By partnering with Walking Mountains and the Energy Smart Colorado program,Avon will be able to implement a program that is accessible, available, and affordable to all homes&business within town. In December 2016,the Town of Avon adopted the Climate Action Plan for the Eagle County Community,which has led to approval of an action-based/town specific CLIMATE ACTION PLAN implementation schedule, as well as Avon's involvement as a partner in the local Climate Action Collaborative and their working groups. Also,in 2016 while adopting the 2015 ICC/IECC building codes,the Town of Avon approved the adoption of the Exterior Energy Offset Program (EEOP). 2022 Town of Avon Community Energy Efficiency Program Exhibit A—page 1 walking mountains EnergySmart VO fl sustainability C 9Y Ao 0 COLORAD❑ The EEOP is intended to"encourage sustainable,energy efficient,exterior heating solutions that conserve energy and natural resources".When a proposed project includes exterior energy uses that cannot offset 50%of the energy used with renewable energy project owners can pay a fee-in-lieu. By supporting the Energy Smart Colorado program at Walking Mountains,with funds from Avon's EEOP, you are fulfilling the following intended uses of these funds, as the Energy Smart Colorado program will: • Provide educational materials and outreach for Town of Avon residents,businesses, employees and building owners including but not necessarily limited to printed guides, efficient building educational events, and a webpage with available resources, links, and information; • Provide a rebate program for energy efficiency, electrification, and renewable energy projects; and • Give special consideration to projects that positively affect occupants of local affordable housing and low- moderate income households. DELIVERABLES During 2022,Walking Mountains will partner with Avon&other local entities to perform the following work: 1. Project management and reporting of the Energy Smart Colorado program in all local areas in the Eagle River Valley,including an annual energy savings report to The Town of Avon with number of homes and businesses worked with,energy reductions(GHG reductions and kWh/THERMS), and other data; 2. Coordination of the Energy Smart Colorado program,providing$50 home energy assessments within the Town of Avon,free energy coaching&increased rebates to homes&businesses (goals shown below); and 3. Collaboration with Town of Avon staff to train&educate locals& staff about available local energy resources for their homes &businesses, and develop best practices for outreach&marketing within Avon. REBATES,BUDGET&GOALS A total of$40,000 in 2022 provided from the Town of Avon to Walking Mountains Energy Programs is agreed upon. The following is a breakdown of special incentives,where that$40,000 is spent, and goals for the Town. $27,500 are flow- through funds that go directly back into our local community. Community Incentives (increased from normal Energy Smart Colorado incentives): Home Energy Assessments are $50 up front cost with that$50 given back in a rebate when the home completes a weatherization, energy efficiency,renewable energy, or building electrification project within 6 months(any size of home is eligible for the$50 cost). Rebates for weatherization &energy efficiency measures are doubled(from the regular Energy Smart annual max rebate amount),which makes them-$1,000/homes and$2,000/business or building-multifamily or commercial (annual max amount;may max in one project or several; each project rebate cannot exceed 60%of the project cost when also including any utility rebates). 2022 Town of Avon Community Energy Efficiency Program Exhibit A—page 2 � n walking mountains EnergySmart AVO n sustainability COLORADO COLORADO Rebates for building electrification measures are increased,which makes them-$3,500/homes and $6,500/businesses(annual max amounts; may max in one project or several; each project rebate cannot exceed 60%of the project cost when also including any utility rebates). Rebates for Solar PV are$1,000 for homes and$2,000 for businesses(annual max amount). Home Energy Funding for the cost of a FREE home energy assessment with $7,300 Assessments FREE energy coaching&Quick Fix Installs. Goal 25 homes* Residential Funding for the cost of doubling a residential rebate &$500 extra $7,700 Improvement Incen for electrification($500-$1,000/rebate). Goal 22 homes* Business &Multifamil Funding for the cost of doubling a business rebate & $500 extra $12,500 Improvement Incentiv: for electrification($500-$2,000/rebate). Goal 15 businesses Marketing/Outreach Hard costs for marketing, outreach and communication in order $2,500 to increase participation. Program Hard costs for program management and staffing, including Administration on-going coaching and contractor referrals. Energy savings, $10,000 cost savings, carbon emissions reductions will all be provided. *5 home energy assessments and 5 double rebates for homes will be reserved for employees of the Town of Avon and available to those that first request it as Town employees, regardless of the location of their home.More employee availability will open up in Q4 of 2022 if funds still available. 100%offunds in top three(3)lines are paid to contractors&homeowners/businesses (`flow-thru'). The top three(3) lines are estimated budget amounts, in order to respond to varying community interest there can be flexibility between lines for these flow-thru funds.Assessments&Rebates are limited to the amount offunds still available. Walking Mountains will notes the Town of Avon if we get close to running out offunds for these special incentives. Then, The Town can choose to contribute more funding, or end the special incentives for the remainder of the year. 2022 Energy Smart funds from the Town of Avon's EEOP to Walking Mountains = $40,000 To reach as many homes and businesses as possible within the Town of Avon, Walking Mountains will also use funding provided from local utilities and Eagle County. 2022 Town of Avon Community Energy Efficiency Program Exhibit A—page 3 DATE(MM/DD/YYYY) A�D® CERTIFICATE OF LIABILITY INSURANCE 3/4/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Arthur J. Gallagher Risk Management Services, Inc. PHONE FAX PO Box 4190 (A/c,No,Ext): 970-586-4407 ,No):970-586-3370 E-MAIL Estes Park CO 80517 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Philadelphia Indemnity Insurance Company 18058 INSURED WALKMOU-01 INSURER B: Pinnacol Assurance Company 41190 Walking Mountains Science Center INSURER C: P 0 Box 9469 INSURER D: Avon CO 81620 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1178712312 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSD DDL S WUBR POLICY EFF POLICY EXP NSD VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y PHPK2283981 6/9/2021 6/9/2022 EACH OCCURRENCE $1,000,000 DAMAGE RETED CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) $300,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y PHPK2283981 6/9/2021 6/9/2022 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED x NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) A X UMBRELLA LIAB X OCCUR Y PHUB771091 6/9/2021 6/9/2022 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED X RETENTION$10.000 $ g WORKERS COMPENSATION 4012812 5/1/2021 5/1/2022 PER ERH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000 OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 A Educators Professional Y PHPK2283989 6/9/2021 6/9/2022 Each Occurence 1,000,000 Aggregrate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Community Energy Efficiency Program. Town of Avon,and its elected officials,officers,employees and agents are included as additional insured as respects General Liability policy,pursuant to and subject to the policy's terms,definitions,conditions and exclusions.The insurance provided in the General Liability policy is primary and any other insurance shall be excess only,and not contributing.The Producer will endeavor to mail 30 days written notice to the Certificate Holder named on the certificate if any policy listed on the certificate is cancelled prior to the expiration date. Failure to do so shall impose no obligation or liability of any kind upon the Producer or otherwise alter the policy terms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Town of Avon P 0 Box 975 AUTHORIZED REPRESENTATIVE Avon CO 81620 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE