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22.06.17 ICA Magellan Strategies LLC DocuSign Envelope ID: B7556D10-471F-4AE3-9F83-BAC8DAFC13DC AV 0 n 2022 Independent Contractor Service Agreement COLORADO For Voter Opinion Research Services This Independent Contractor Service Agreement(`Agreement')dated as of June 17,2022,is between the Town of Avon, a Colorado home rule community("Town')and Magellan Strategies,a public opinion research lliuii of the State of Colorado,whose business address is 1685 Boxelder Street, Suite 300, Louisville,CO 80027(`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 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 ofthis Agreement,or any other document attached or referenced herein,to have entered into any partnership,joint venture,employer/employee or other relationship with the Town other than as a contracting party and independent contractor. The Town shall not be obligated to secure,and shall not provide,any insurance coverage or employment benefits of any kind or type to or for the Contractor or the Contractor's employees, sub-consultants, contractors, agents,or representatives,including coverage or benefits related but not limited to: local, state,or federal income or other tax contributions;insurance contributions (e.g.,FICA);workers'compensation;disability, injury, or health;professional liability insurance, errors and omissions insurance;or retirement account contributions. 3. Insurance: 3.1. Mnimum Amounts. The Contractor shall obtain and shall continuously maintain during the Tema (as defined herein)ofthis 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 maybe required by la.w. 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 Mllion 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 Independent Contractor Agreement-Voter Opinion Research Services-2022 Page 1 of 7 DocuSign Envelope ID: B7556D10-471F-4AE3-9F83-BAC8DAFC13DC 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 confomi to all ofthe 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 Mrintain Insurance. The Contractor's failure to obtain and continuously maintain policies of insurance in accordance with this Section 3. INSURANCE and its subsections shall not limit,prevent,preclude,excuse,or modify any liability,claims, demands, or other obligations of the Contractor arising from performance or non-performance of this Agreement. Failure on the part of the Contractor to obtain and to continuously maintain policies providing the required coverage,conditions, restrictions,notices,and minimum limits shall constitute a material breach of this Agreement upon which the Town may immediately terminate this Agreement, or, at its discretion,the Town may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith,and all monies so paid by the Town shall be repaid by Contractor to the Town immediately upon demand by the Town,or at the Town's sole discretion,the Town may offset the cost of the premiums against any monies due to the Contractor from the Town pursuant to this Agreement. 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 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. Independent Contractor Agreement-Voter Opinion Research Services-2022 Page 2 of 7 DocuSign Envelope ID: B7556D10-471F-4AE3-9F83-BAC8DAFC13DC 4. Payment: Payment for Services shall be due only after the Services are completed to the Town's satisfaction,which satisfaction shall be determined by the Town in its sole and reasonable discretion,and after Contractor has submitted an invoice for the amount due complete with the Contractor's taxpayer identification number or social security number. Town shall pay Contractor within thirty(30)days after an invoice in proper form is submitted to Town. 5. 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 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 maybe,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 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. Employment of or Contracts with Workers without Authorization. This paragraph shall apply to all Contractors whose performance ofworkunder this Agreement does not involve the delivery of 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.R S. 8-17.5- 101(b)(I)-(V). Contractor shall not knowingly employ or contract with a worker without authorization to Independent Contractor Agreement-Voter Opinion Research Services-2022 Page 3 of 7 DocuSign Envelope ID: B7556D10-471F-4AE3-9F83-BAC8DAFC13DC 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 a 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 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 ofjob 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 a worker without authorization,the Contractor shall be required to notify the subcontractor ad the Town within three (3)days that the Contractor has actual knowledge that a subcontractor is employing or contracting with a 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 iJ during such three days,the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with a worker without authorization. The Contractor is required to comply with any reasonable request made by the apartment 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. 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 oftermination or may terminate this Agreement immediately upon delivery ofwritten notice if Contractor fails to provide the Services in accordance with the terms of this Agreement. 8. 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 ofthe 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. 9. Affirmative Action: Contractor will not discriminate against any employee or applicant for employment because ofrace,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 fames of compensation;and selection for training,including apprenticeship. 10. 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. 11. 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 Independent Contractor Agreement-Voter Opinion Research Services-2022 Page 4 of 7 DocuSign Envelope ID: B7556D10-471F-4AE3-9F83-BAC8DAFC13DC 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. 12. 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 attomey'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 may be liable,except to the extent any portion is caused in part by a party indemnified hereunder. 13. Governing Law,Venue,and Enforcement: This Agreement shall be governed by and interpreted according to the law ofthe State of Colorado. Venue for any action arising under this Agreement shall be in the appropriate court for Eagle County,Colorado. To reduce the cost of dispute resolution and to expedite the resolution of disputes under this Agreement,the Parties hereby waive any and all right either may have to request a jury trial in any civil action relating primarily to the enforcement of this Agreement. The Parties agree the rule providing ambiguities in a contract are to be construed against the drafting party shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and any exhibit or attachment,the language of this Agreement shall govern. 14. Term. The provision of Services under this Agreement shall commence on June 13,2022(the `Effective Date')and will terminate on July 27,2022(cumulatively,the `Term');provided,however,under no circumstances will the Term exceed the end ofthe 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 representations otherwise. Notwithstanding the foregoing,the Parties may mutually agree in writing to the monthly extension of this Agreement for up to twelve (12)consecutive calendar months if such extension is approved by the Town Council and the Contractor and such extension does not alter or amend any of the terms or provisions of this Agreement. 15. Article) Section 20/TABOR The Parties understand and acknowledge that the Town is subject to Article X §20 ofthe Colorado Constitution(`TABOR'). The Parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and,therefore,notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,and otherwise made available in accordance with the rules,regulations, and resolutions of Town of Avon,and other applicable law. Upon the failure to appropriate such funds,this Agreement shall be terminated. 16. Background Check.Abackground check of Contractor and any Contractor's employees or subcontractors maybe 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-Voter Opinion Research Services-2022 Page 5 of 7 DocuSign Envelope ID: B7556D10-471F-4AE3-9F83-BAC8DAFC13DC AGREEMENT READ,UNDERSTOOD AND APPROVED: TOWN OF AVON CONTRACTOR: Magellan Strategies DocuSigned by: 1-DocuSigned by: By: By:T rui7� 7 at , OJi lkfle Name: Eric He 9821B394EC32416... Name: D lah avid Fe ECADCE5AEEC .. Title: Town Manager Title: CEO 1 11 ��Y APPROVED AS TO FORM DocuSigned by: Karl Hanlon,Towf:F8r3. Independent Contractor Agreement-Voter Opinion Research Services-2022 Page 6 of 7 DocuSign Envelope ID: B7556D10-471F-4AE3-9F83-BAC8DAFC13DC EXFIIBIT A Contractor Proposal Independent Contractor Agreement-Voter Opinion Research Services-2022 Page 7 of 7 DocuSign Envelope ID: B7556D10-471F-4AE3-9F83-BAC8DAFC13DC P . r 41111 . 40,4„ si . I • AIy Y ` 4 :+r - Sil°11 I. T i4i irir . illi. ALL- ' .nue ik _ r,—' C **"4?- - Awl r' _ -.. . ' , a , ,'�.A# = �►. .. 4.. '. ' L"?,_1 f . - . Proposal of Voter Opinion Research Services to the Town of Avon June 3rd 2022 • v •on - Prepared for Eric Heil MAGELLAN s 'r RAl E G I , S Prepared by David Flaherty 41rili>, Magellan Strategies 1685 Boxelder Street, Suite 300 1 Louisville, CO 80027 MagellanStrategies.com 1 303-861-8585 DocuSign Envelope ID:B7556D10-471 F-4AE3-9F83-BAC8DAFC13DC Proposal of Voter Opinion Research Services to the Town of Avon 2 June 3rd, 2022 About Magellan Strategies Magellan Strategies is a public opinion research firm specializing in measuring and understanding resident and voter opinion. We have conducted opinion research projects for Colorado governments, school districts, special districts (metro, library, fire, recreation), and public policy groups since 2007. We work closely with county, city, and town managers, staff, and elected officials and are proud members of the Colorado City and County Management Association (CCCMA) and Colorado Counties Incorporated (CCI). Our team has extensive experience managing research projects accurately measuring voter support and opposition for a wide array of tax ballot measures to fund various government services and projects. We appreciate the opportunity to submit this proposal for voter opinion research services to Avon Town Manager Eric Heil. The primary Magellan Strategies contact is David Flaherty. He can be reached at DFlaherty@MagellanStrategies.com or by phone at 703-862-0305. Town of Avon Voter Opinion Survey Needs The Town of Avon wishes to engage an experienced voter opinion research firm to manage a statistically accurate and demographically representative survey of registered and likely 2022 general election voters. The town is interested in measuring voter opinion for three potential ballot measures. Ballot Measure #1 — The creation of a 4% Use Tax on construction materials, presumably on new commercial residential and commercial development. An annual $50,000 exemption would be applied to remodeling and addition projects. Revenue from this tax would go toward the town general fund. Ballot Measure #2 — The creation of a 5% tax on retail marijuana to match the tax in Eagle County. This tax revenue would be dedicated to Community Housing, Recreation, and Public Health services. Ballot Measure #3 — An undefined tax to match the Regional Transit Authority's tax rates. Although a .6% Visitor Benefit Tax is being considered, Town Council would like to measure voter support and opposition for other taxes, including increases in the Sales Tax, the Accommodations Tax, the Short-Term Rental Tax, or Property Taxes. Suggested Survey Approach: MMS Text & Phone Data Collection One aspect of a statistically valid and representative survey is providing respondents with multiple opportunities to participate in the survey. MMS Text survey data collection meets that standard very well and is why we have used it in nearly all our ballot measure survey projects since 2020. It works by sending an MMS text survey invitation to a respondent's cell phone number. Additional benefits of MMS text survey data collection are: Magellan Strategies 1685 Boxelder Street,Suite 300 I Louisville,CO 80027 MagellanStrategies.com 1303-861-8585 DocuSign Envelope ID:B7556D10-471 F-4AE3-9F83-BAC8DAFC13DC Proposal of Voter Opinion Research Services to the Town of Avon 3 June 3rd, 2022 1 . Respondent Engagement - People from different demographic, ethnic, and socio- economic backgrounds are more likely to participate in a survey when the invitation includes their local government's logo. This results in higher survey response rates compared to only using phone data collection methods. 2. Larger Sample Sizes — Stronger participation leads to larger sample sizes. Larger sample sizes result in lower margins of error and higher confidence levels and produce a more accurate and statistically representative survey. 3. More Affordable Than a Phone Survey—The cost to send an MMS text survey invitation is significantly less than TOWN OF VAIL. ' paying a call center $40 to $50 for a single cell phone interview. This allows us to pass cost savings on to our Hello,Vail votersl The Town or Vail Invdes you to pwtrclpate m clients. a very important survey regarding two potential ballot measures regarding housing 4. An Online/Text Invitation Survey Can Have More andtounsm Your opinion matters.and the town wants to Questions It takes less time for a respondent to read and hear from you.Make your voice heard!Your answers will remain answer questions on a cellphone or electronic device than conf�oential,andthesurveywill listening to an interviewer read questions and record takelustcompletetom.nutesto i i responses. REPLY STOP TO OPT OUT 5. Friendly Communication from the Entity — An MMS text survey invitation from a government entity is a professional ID 0' and trustworthy communication that respondents trust and • 0 ® 4 • 0 appreciate. Moreover, it strengthens and enhances the government's brand and image among its residents. Participate in the Town of Vail Housing and Tourism Sales Tax Survey As a proof of concept, in 2021 , we managed a housing and lodging tax ballot measure survey for the Town of Vail. The MMS text data collection method interviewed more than 1 ,392 likely voters and accurately predicted voter support for the housing ballot measure at 54%. To experience this survey, click the link below or hover your cell phone over the survey QR code. ❑■ - r! 41,2 : fff]• y • • https://bit.ly/3PRBqj3 0 . Magellan Strategies 1685 Boxelder Street,Suite 300 I Louisville,CO 80027 MagellanStrategies.com 1303-861-8585 DocuSign Envelope ID:B7556D10-471 F-4AE3-9F83-BAC8DAFC13DC Proposal of Voter Opinion Research Services to the Town of Avon 4 June 3rd, 2022 We Recommend a Limited Number of Senior Phone Interviews As we mentioned earlier, a statistically valid survey gives respondents several opportunities to participate in a survey. For a ballot measure survey project, we usually interview 100 to 125 senior voters aged 65 or older for two reasons. First, this voter subgroup is more likely to oppose a tax increase because many live on a fixed income. Second, they may be less likely to take the survey on a cell phone or electronic device. However, if our unweighted survey sample contains enough seniors, phone interviews may not be needed. Town of Avon Voter Demographics and Past Turnout Report Following is our Town of Avon voter registration and past election turnout data report. For this project, we would use the 2018 voter turnout demographics to make decisions on how to best weigh the survey response data to be representative of the likely November 2022 turnout population. Magellan Strategies Town of Avon Active Registration and November Voter Turnout Demographics Sex ,ve Registration November 2021 November 2020 November 2019 November 201a Female 1,345 45.6% 566 48.3% 1,173 46.2% 457 46.9% 926 46.5% Male 1,605 54.4% 606 51.7% 1,366 53.8% 517 53.1% 1,067 53.5% Total 2,950 1,172 2,539 974 1,993 Age Group Active Registration November 2021, November 2020 November 2019 November 201a 18.34 943 32.0% 177 15.1% 743 29.3% 170 17.5% 513 25.7% 35-44 571 19.4% 217 18.5% 514 20.2% 168 17.2% 412 20.7% 45-54 486 16.5% 218 18.6% 432 17.0% 191 19.6% 367 18.4% 55-64 497 16.8% 280 23.9% 471 18.6% 223 22.9% 375 18.8% 65+ 453 15.4% 280 23.9% 379 14.9% 222 22.8% 326 16.4% Total 2,950 1,172 2,539 974 1,993 Party `Active Registratiou November 2021 November 2020 November 2019 November 2018 Unaffiliated 1,577 53.5% 564 48.1% 1,233 48.6% 413 42.4% 878 44.1% Democrat 851 28.8% 391 33.4% 819 32.3% 343 35.2% 722 36.2% Republican 475 16.1% 207 17.7% 446 17.6% 204 20.9% 358 18.0% Libertarian_ 20 0.7% 5 0.4% 24 0.9% 9 0.9% 21 1.1% Green 11- 0.4% 3 0.3% 7 0.3% 4 0.4% 11 0.6% ACP 16 0.5% 2 0.2% 10 0.4% 1 0.1% 3 0.2% 2,950 1,172 2,539 974 1,993 Magellan Strategies 1685 Boxelder Street,Suite 300 I Louisville,CO 80027 MagellanStrategies.com 1303-861-8585 DocuSign Envelope ID:B7556D10-471 F-4AE3-9F83-BAC8DAFC13DC Proposal of Voter Opinion Research Services to the Town of Avon 5 June 3rd, 2022 Suggested Survey Questions A draft survey document is in Appendix A of this proposal. Suggested Number of Completed Interviews We believe it will be possible to complete a minimum of 400 interviews, with 50 phone interviews and 350 MMS text interviews. Spanish Translation If a Spanish translation is needed, we partner with Marina La Grave of Colorado Language Access & Cultural Experts (GLACE) for Spanish language translation. Marina is a Boulder- based intercultural communication and engagement consultant with over three decades of experience in translation, transcreation, and interpretation services. Avon Survey Project Timeline Following is our timeline for the survey project. Week of June 13th — Finalize survey questions Monday, June 20th to Friday, July 1st — Survey data collection and promotion period Tuesday, July 5th — deliver survey topline document, verbatim responses, and crosstabs Thursday, July 7th — deliver survey PowerPoint presentation and analysis document Tuesday, July 26th — present results to council Magellan Strategies Survey Deliverables Our survey research project deliverables include a topline document, crosstabs, verbatim responses, a PowerPoint presentation, and a written summary of findings. Sample Survey Deliverables Topiine rosstabs Verbatim Presentation Written Summary Document ReavonY" • lit ••/fir/` Collaborating With Avon's Communication Team When we manage a survey project for a local government client, we collaboratively work with the communication team to promote the survey. This includes preparing email communications, social media copy, and the distribution of survey QR codes. For this survey project, we anticipate going through these steps. Magellan Strategies 1685 Boxelder Street,Suite 300 I Louisville,CO 80027 MagellanStrategies.com 1303-861-8585 DocuSign Envelope ID:B7556D10-471 F-4AE3-9F83-BAC8DAFC13DC Proposal of Voter Opinion Research Services to the Town of Avon 6 June 3rd, 2022 Magellan Strategies 2021 Ballot Measure Track Record We believe an opinion research firm should be evaluated based on how well they have forecasted voter support and opposition for past ballot measure research projects. Following is our ballot measure track record from the 2021 election cycle. Magellan's Actual Percent # Ballot Measure Forecast 'Yes' Difference CO Town of Monument 2F 64% 63% 1% Police Funding 0.5% Sales Tax Increase © Town of Monument 2G 62% 59% 3% Begin Home Rule Process O City of Boulder 21 74% 85% ; I 0.3% Sales Tax Extention for Capital Projects 4 City of Boulder 2J 65% 79% -;,< $110 Million Bond for Capital Projects © City of Lafayette 2B 67% 66% 1% 0.27% Sales Tax Increase for Public Safety 6 City of Lafayette 2C 72% 71% 1% 0.1% Sales Tax Increase for Mental Health O Town of Vail 2A 57% 54% 3% 0.5% Sales Tax Increase for Affordable Housing 8 Mesa County Valley School District 51 61% 65% $115 Million Bond for High School 9 EagleVail Metro District 61% 72% Property Tax Freeze 10 City of Golden 2A 54% 51% 3% Allow Retail Marijuana Moffat County School District RE-1 43% 37% 6% S40 Million Bond for Schools Magellan Strategies 1685 Boxelder Street,Suite 300 I Louisville,CO 80027 MagellanStrategies.com 1303-861-8585 DocuSign Envelope ID:B7556D10-471 F-4AE3-9F83-BAC8DAFC13DC Proposal of Voter Opinion Research Services to the Town of Avon 6 June 3rd, 2022 Magellan Strategies 2021 Ballot Measure Track Record We believe an opinion research firm should be evaluated based on how well they have forecasted voter support and opposition for past ballot measure research projects. Following is our ballot measure track record from the 2021 election cycle. Magellan's Actual Percent # Ballot Measure Forecast 'Yes' Difference 0 Town of Monument 2F 64% 63% 1% Police Funding 0.5% Sales Tax Increase © Town of Monument 2G 62% 59% 3% Begin Home Rule Process © City of Boulder 21 74% 85% 0.3% Sales Tax Extention for Capital Projects 4 City of Boulder 2J 65% 79% $110 Million Bond for Capital Projects © City of Lafayette 2B 67% 66% 1% 0.27% Sales Tax Increase for Public Safety 6 City of Lafayette 2C 72% 71% 1% 0.1% Sales Tax Increase for Mental Health O Town of Vail 2A 57% 54% 3% 0.5% Sales Tax Increase for Affordable Housing 8 Mesa County Valley School District 51 61% 65% $115 Million Bond for High School 9 EagleVail Metro District 61% 72% Property Tax Freeze 10 City of Golden 2A 54% 51% 3% Allow Retail Marijuana Moffat County School District RE-1 43% 37% 6% $40 Million Bond for Schools Magellan Strategies 1685 Boxelder Street,Suite 300 I Louisville,CO 80027 MagellanStrategies.com 1303-861-8585 DocuSign Envelope ID:B7556D10-471 F-4AE3-9F83-BAC8DAFC13DC Proposal of Voter Opinion Research Services to the Town of Avon 7 June 3rd, 2022 Town of Avon Ballot Measure Survey Project Pricing The following survey characteristics determine the cost of a project: ➢ The survey data collection method. The options are interviewing respondents using a call center, sending MMS text invitations, or a hybrid of both approaches. Phone interviews are much more costly than sending MMS text invitations. ➢ The number of questions in the survey. Simply put, the more questions in a survey, the higher the cost to complete a phone interview. Furthermore, more questions translate into more time for our staff to process the survey. ➢ The survey total interview goal. Again, a survey with a total interview goal of 400 interviews will be less costly than a survey with a total interview goal of 500 interviews. MMS Text Message Only Survey Pricing 350 interviews, with Spanish-language translation S8,500 Summary We look forward to discussing our proposal with Eric Heil and the Town of Avon in the very near future. Following is our suggested survey questionnaire in Appendix A, examples of our past work history, and team biographies. Finally, examples of our survey deliverables will be included with the email submitting this proposal. Magellan Strategies 1685 Boxelder Street,Suite 300 I Louisville,CO 80027 MagellanStrategies.com 1303-861-8585 DocuSign Envelope ID:B7556D10-471 F-4AE3-9F83-BAC8DAFC13DC Town of Avon 2022 Ballot Measure Survey MAGELLAN ID: COAVON-061522 Interview Goal = 500n Field Dates: TBD +/- 4.08% MoE Hello. The Town of Avon invites you to participate in an important survey regarding potential ballot measures this November. Please make your voice heard by sharing your thoughts and opinions on these critical matters. Your answers are strictly confidential, and the survey will only take 12 minutes to complete. Any questions about this survey can be directed to Mary Smith in the Town Communications Office at 970-479-2100 or by email at MSmith@avon.org. T1 . To get started, could you please verify that you are registered to vote in the Town of Avon, Colorado? Yes-1 No-2 I am sorry, but this survey is only for the registered voters in the Town of Avon. Have a good day. T2. Although it is a long way off, how likely are you to vote in any local Avon ballot measure elections this November? Extremely Likely to Vote-1 Very Likely to Vote -2 Somewhat Likely to Vote -3 Unlikely to Vote-4 T3. Do you agree or disagree with the following statement? "The Town of Avon is fiscally responsible and spends taxpayer money wisely." Strongly Agree-1 Somewhat Agree-2 Somewhat Disagree-3 Strongly Disagree-4 No Opinion-5 Before we continue, it is important to understand that no decisions have been made by the Town of Avon to put any tax ballot measures before voters for any purpose this November. Your participation in this survey and sharing your honest opinions will influence those decisions. Let's continue. DocuSign Envelope ID: B7556D10-471F-4AE3-9F83-BAC8DAFC13DC Magellan ID#:COAVON-061522 Town of AVON 2022 Ballot Measure Voter Opinion Survey 2 Field Dates:TBD,Interview Goal:500n,+/-4.0%MoE T4. The Town is considering three different ballot measures for this November's election. One ballot measure would replace the Town's current 4% sales tax on construction materials with a 4% Use Tax. Avon is the only town in Eagle County without a use tax. Collection of a Use Tax is much more efficient for both contractors and the Town. In addition, this 4% Use Tax would have an annual $50,000/year exemption to exclude small home improvement projects. The revenue generated by this tax would be allocated to the Town's general fund. If an election were held today, would you vote yes and approve a 4% Use Tax on construction materials, or would you vote no and reject it? Definitely Vote Yes and Approve-1 Probably Vote Yes and Approve-2 Lean Towards Voting Yes and Approving It-3 Lean Towards Voting No and Rejecting It-4 Probably Vote No and Reject-5 Definitely Vote No and Reject-6 Undecided-7 T5. Another ballot measure that the Town is considering is a 5% retail tax on marijuana to match the tax in Eagle County. Although the Town currently does not allow marijuana businesses or retail sales, if this tax passes, the Town would adopt regulations to allow a limited number of marijuana businesses in only designated areas. The revenue from the Marijuana Tax would be allocated to Community Housing, Recreation, and Community Health. If an election were held today, would you vote yes and approve a 5% retail tax on marijuana, or would you vote no and reject it? Definitely Vote Yes and Approve-1 Probably Vote Yes and Approve-2 Lean Towards Voting Yes and Approving It-3 Lean Towards Voting No and Rejecting It-4 Probably Vote No and Reject-5 Definitely Vote No and Reject-6 Undecided-7 Magellan Strategies 11685 Boxelder St.Suite 300 I Louisville,CO 80027 www.MagellanStrategies.com 1303-861-8585 DocuSign Envelope ID: B7556D10-471F-4AE3-9F83-BAC8DAFC13DC Magellan ID#:COAVON-061522 Town of AVON 2022 Ballot Measure Voter Opinion Survey 3 Field Dates:TBD,Interview Goal:500n,+/-4.0%MoE T6. As you may know, Eagle County and the towns of Avon, Eagle, Gypsum, Minturn, Red Cliff, Vail, and the Beaver Creek Metro District have collectively pursued the formation of a Regional Transit Authority (RTA). These entitites are currently considering a 0.5% sales tax increase and a 0.6% lodging tax increase to support enhanced transit service. A 0.5% sales tax increase in Avon would apply to all retail, including groceries. If an election were held today, would you vote yes and approve a 0.5% sales tax increase to support the RTA, or would you vote no and reject it? Definitely Vote Yes and Approve-1 Probably Vote Yes and Approve-2 Lean Towards Voting Yes and Approving It-3 Lean Towards Voting No and Rejecting It-4 Probably Vote No and Reject-5 Definitely Vote No and Reject-6 Undecided-7 T7. A 0.6% lodging tax increase in Avon would apply to all lodging, including commercial hotels and short-term rentals. If an election were held today, would you vote yes and approve a 0.6% lodging tax increase to support the RTA, or would you vote no and reject it? Definitely Vote Yes and Approve-1 Probably Vote Yes and Approve-2 Lean Towards Voting Yes and Approving It-3 Lean Towards Voting No and Rejecting It-4 Probably Vote No and Reject-5 Definitely Vote No and Reject-6 Undecided-7 Magellan Strategies 11685 Boxelder St.Suite 300 I Louisville,CO 80027 www.MagellanStrategies.com 1303-861-8585 DocuSign Envelope ID:B7556D10-471 F-4AE3-9F83-BACBDAFC13DC Magellan ID#:COAVON-061522 Town of AVON 2022 Ballot Measure Voter Opinion Survey 4 Field Dates:TBD, Interview Goal:500n,+/-4.0%MoE T8. As you may know, the total tax on lodging in Avon is high at 12.4% (4% Avon lodging tax, 4% Avon sales tax, 1% Eagle County sales tax, 0.5% Eagle County Transit, 2.9% State of Colorado sales tax). Knowing this, if an election were held today, would you vote yes and approve a 0.6% lodging tax increase to support the RTA, or would you vote no and reject it? Definitely Vote Yes and Approve-1 Probably Vote Yes and Approve-2 Lean Towards Voting Yes and Approving It-3 Lean Towards Voting No and Rejecting It-4 Probably Vote No and Reject-5 Definitely Vote No and Reject-6 Undecided-7 T9. An alternative to a lodging tax increase to support the RTA is a property tax. The total mill levy for property in Avon is 77.532, which includes the Town of Avon's mill levy of 8.956. A property tax mill levy of 1 .2768 mills would generate the same revenues as a 0.6% lodging tax. The cost for this increase would be $68.47 per year on a home valued at $750,000. If an election were held today, would you vote yes and approve a 1 .2768 mills property tax increase to support the RTA, or would you vote no and reject it? Definitely Vote Yes and Approve-1 Probably Vote Yes and Approve-2 Lean Towards Voting Yes and Approving It-3 Lean Towards Voting No and Rejecting It-4 Probably Vote No and Reject-5 Definitely Vote No and Reject-6 Undecided-7 T10. Which tax do you think is best for Avon to support the RTA? A 0.6% Lodging Tax Increase-1 A 1 .2768 mill Property Tax Increase-2 I Would Not Vote for Either Tax Increase-3 Undecided-4 Magellan Strategies 11685 Boxelder St.Suite 300 I Louisville,CO 80027 www.MagellanStrategies.com 1303-861-8585 DocuSign Envelope ID:B7556D10-471 F-4AE3-9F83-BAC8DAFC13DC Magellan ID#:COAVON-061522 Town of AVON 2022 Ballot Measure Voter Opinion Survey 5 Field Dates:TBD, Interview Goal:500n,+/-4.0%MoE T11 . Do you have any thoughts or opinions you would like to share with the Town regarding these potential ballot measures? TEXT BOX And now I have a few questions for statistical purposes only. T12. Are you: Male-1 Female-2 I prefer to identify as-3 TEXT BOX T13. Are you between the ages of: 18 to 24-1 25 to 34-2 35 to 44-3 45 to 54-4 55 to 64-5 65 or older-6 T14. For statistical and weighting purposes only, are you registered to vote as an Unaffiliated voter, a Democrat, a Republican, are you registered with another party. Unaffiliated-1 Democrat-2 Republican-3 Other party-4 T15. Are you married or single? Married-1 Single-2 T16. What is your current housing situation? Rent-1 Own-2 Other-3 Magellan Strategies 11685 Boxelder St.Suite 300 I Louisville,CO 80027 www.MagellanStrategies.com 1303-861-8585 DocuSign Envelope ID:B7556D10-471 F-4AE3-9F83-BAC8DAFC13DC Magellan ID#:COAVON-061522 Town of AVON 2022 Ballot Measure Voter Opinion Survey 6 Field Dates:TBD, Interview Goal:500n,+/-4.0%MoE T17. Which race or ethnicity do you most identify with? White;-1 Hispanic;-2 Black or African American;-3 Asian or Asian American;-4 American Indian or Alaskan Native;-5 Native Hawaiian or Pacific Islander;-6 Two or more races;-7 Race or ethnicity not listed;-8 TEXT BOX T18. Where do you live? SCROLL LIST OF NEIGHBORHOODS OR HOA The Town of Avon thanks you for participating in this important survey regarding these possible ballot measures. Have a good day. Magellan Strategies 11685 Boxelder St.Suite 300 I Louisville,CO 80027 www.MagellanStrategies.com 1303-861-8585 DocuSign Envelope ID:B7556D10-471 F-4AE3-9F83-BAC8DAFC13DC Proposal of Voter Opinion Research Services to the Town of Avon 9 June 3rd, 2022 Magellan Strategies Ballot Measure History and Experience Our team has provided accurate, effective, and affordable voter opinion research to Colorado governments and special districts for a long time. Following is a summary of some of our voter opinion research projects in the past few years with a contact name and email. Citizens for Mesa County Valley School District 51, Issue 4B, April 2021 Our voter opinion research services determined support and opposition levels for a ballot measure for a $115 bond for a new high school in Mesa County Valley School District 51 . Our survey showed 61% support, and Issue 4B passed with 65% support. Reference: Sarah Shrader, Citizens for School District 51 . sshrader@bonsai-design.com Montezuma County, December 2021 Our voter opinion research services determined support and opposition levels for creating a 1 .9% county sales tax ballot measure that may be placed on the November 2022 ballot. Reference: Shak Powers, County Administrator, (970) 565-8317 spowers@co.montezuma.co.us City of Lafayette, Issues 2B and 2C, June 2021 Our voter opinion research services determined support and opposition levels for two ballot measures to raise the sales tax in the City of Lafayette to fund public safety and mental health services in the community. Our survey showed 67% support, and Issue 2B passed with 66% support. For Issue 2C, our survey showed 72% support, and it passed with 71% support. Reference: Debbie Wilmot, Director of Communications, Debbie.Wilmot@Lafayetteco.gov. Town of Vail, Issue 2A, November 2021 Our voter opinion research services determined support and opposition levels for a ballot measure to raise the sales tax in the Town of Vail to fund affordable housing for the community. Our survey showed 57% support, and Issue 2A passed with 54% support. Reference: Scott Robson, Town Manager, (970) 479-2105, srobson@vailgov.com or Travis Coggin, Vail Town Council, (307) 690-3716, tcoggin@vailgov.com Town of Monument, Issue 2F, May 2021 Our voter opinion research services determined support and opposition levels for a ballot measure for a .5% sales tax for public safety in the Town of Monument. Our survey showed 64% support, and Issue 2F passed with 63% support. Reference: Mike Foreman, Town Manager, (719) 322-3043. mforeman@tomgov.org Magellan Strategies 1685 Boxelder Street,Suite 300 I Louisville,CO 80027 MagellanStrategies.com 1303-861-8585 DocuSign Envelope ID:B7556D10-471 F-4AE3-9F83-BAC8DAFC13DC Proposal of Voter Opinion Research Services to the Town of Avon 10 June 3rd, 2022 Pueblo County School District 70, Issue 4A, Nov. 2020 Our voter opinion research services determined support and opposition levels for a ballot measure to fund health, safety, and security upgrades and capital improvements for district schools. Our survey showed 56% support, and Issue 4A passed with 56.4% support. Reference: Sean Tonner, The Fulcrum Group, (303) 916-0266, Sean@GroupFulcrum.com Town of Vail, Ballot Issue 2G, Nov. 2020 We helped the Town of Vail with their voter opinion survey to measure support and opposition for a "de-Gallagher" ballot measure that would allow the town to keep the residential assessment rate "flat." Our survey showed 52% support for the ballot measure after hearing information about it. The ballot measure passed with 54% support. Reference: Suzanne Silverthorne, (970) 479-2115, ssilverthorn@vailgov.com, Patty McKenny(970) 479- 2113, pmckenny@vailgov.com. Buffalo Mountain Metro District, Ballot Issue 6A, Nov. 2020 Buffalo Mountain Metro District in Summit County hired our team to do polling and messaging for a 4% sales tax increase. This was a unique project in that eligible voters were property owners, and some lived in the district year-round while others rented out their properties. Our polling services identified messages that increased support from 42% to 67%. This ballot measure passed with 63% support. Reference: Shellie Duplan, (970) 513- 1300, Shellie@bmmd.org. City of Castle Pines, Ballot Issue 2A, Nov. 2020 Our team did extensive opinion research work for the City of Castle Pines in 2020, focusing on community support and interest in a potential recreation center, road funding, and other local tax measures under consideration. Our research helped council and staff decide to only put a road funding measure before voters. Although Ballot Issue 2A did not pass, our work helped them make critical decisions. Reference: City Manager Michael Penny, (720) 312-1396, Michael.Penny@CastlePinesCO.gov. Gunnison County Library District, Issue 6A, Nov. 2019 Our voter opinion research services determined support and opposition levels for a ballot measure to fund the construction of a new library in Gunnison County, Colorado. Our survey showed 58% support, and Issue 6A passed with 56.4% support. Reference: Drew Brookhart, (970) 596-8544. Eagle Valley Library District, Issue 6A, Nov. 2019 Our voter opinion research services determined support and opposition levels for a ballot measure to restore funding lost due to the Gallagher Amendment. Our survey showed 71% support, and Issue 6A passed with 64% support. Reference: Linda Tillson, (970) 328-8800. Magellan Strategies 1685 Boxelder Street,Suite 300 I Louisville,CO 80027 MagellanStrategies.com 1303-861-8585 DocuSign Envelope ID:B7556D10-471 F-4AE3-9F83-BAC8DAFC13DC Proposal of Voter Opinion Research Services to the Town of Avon 11 June 3rd, 2022 North Fork Ambulance District, Issue 7F, Nov. 2018 Our voter opinion research services determined support and opposition levels for creating the North Fork Ambulance District and funding it with a mill levy. Our survey showed 77% support, and Issue 7F passed with 73% support. Reference: Kathy Steckel, (970) 872-4303. Greater Eagle Fire Protection District, Issue 6A, Nov. 2018 Our voter opinion research services determined support and opposition levels for ballot question 6A, which halted future Gallagher assessment drops and restored funding to 2017 levels. Reference: Doug Cupp, (970) 328-7244. Eagle-Vail Sales Tax Increase, May 2018 Our voter opinion research services determined support and opposition levels for a new 1% sales tax to fund transportation and safety projects. Reference: Jeff Layman (now with Town of Silt), (970) 876-2353. Colorado Springs, Ballot Issue 2A, November 2017 Our voter opinion research services determined support and opposition levels for a dedicated stormwater fee to fund critical stormwater infrastructure. Our survey showed 51% support, and Issue 2A passed with 54% support. Reference: John Suthers, (719) 385-5900. Eagle County Marijuana Tax, November 2017 Our voter opinion research services determined support and opposition levels for a new Eagle County tax on wholesale and retail marijuana. Reference: David Cunningham, (970) 390-2347. Magellan Staff Biographies David Flaherty Biography David Flaherty is the CEO and founder of Magellan Strategies, a public opinion survey research firm. David has spent his 28-year career designing and conducting hundreds of survey research f projects measuring public and voter opinion. He is an expert public opinion pollster, focus group moderator, and voter data analyst. - - Before forming Magellan Strategies in 2006, David worked in \ f Washington DC for fourteen years. During that time, he learned the art of voter opinion research, questionnaire design, message development, and voter demographic trends while working at the Republican National Committee, the U.S. House of Representatives (Subcommittee on the Census), Americans for Prosperity, and a small government relations firm. David has led the Magellan team in its growth and diversification into survey research services for local governments, school districts, special districts, and public policy Magellan Strategies 1685 Boxelder Street,Suite 300 I Louisville,CO 80027 MagellanStrategies.com 1303-861-8585 DocuSign Envelope ID:B7556D10-471 F-4AE3-9F83-BAC8DAFC13DC Proposal of Voter Opinion Research Services to the Town of Avon 12 June 3rd, 2022 organizations for the past fourteen years. In addition, he is proud to have helped more than 100 Colorado governments and special districts achieve voter approval for a wide array of funding ballot measures. David is a native of Wellesley, Massachusetts, and is a 1991 graduate of the University of Delaware. He lives in Broomfield, Colorado, with his wife Jennifer and their two sons, Jack and Bobby. David is an avid skier, golfer, mountain biking rookie, and reader of political history. Courtney Sievers, MPA Courtney Sievers is our Director of Survey Research and . _ Data Modeling. She has been with Magellan Strategies since 2009. She is the point person for all our quantitative - ,.;..b., ,,' . . . - v research projects and our team leader for our data - modeling clients. During her time at Magellan, Courtney • ' • a , ,ii has managed hundreds of opinion research projects and 4 built sophisticated voter models in more than 20 states. Courtney is an expert in using the statistical software packages of SPSS, Uncle, and R. She also has extensive experience with qualitative focus group projects, attendee recruitment, discussion guide design, and sentiment analysis. Courtney holds a bachelor's degree in Mathematics with a concentration in Statistics from Colorado Mesa University and a Master of Public Administration Degree from the University of Colorado Denver. Courtney is a native of Colorado, growing up in Fruita, Colorado. She and her husband, Jake, live in Arvada with their daughter Riley. In her spare time, she loves to play soccer and ski. Ryan Winger Ryan Winger is a polling project manager and Director of Data Analysis. He has been with Magellan Strategies since tf' • fi ` •% 2007 and wears several "hats" in our firm. Ryan manages __ a,.r , ,. - 17...)�"� and oversees "all things data" for Magellan, including the ' ' • ' , construction of our in-house resident and voter sample databases for our opinion research projects. He is an expert in applying Facebook advertising and "IP O.. " targeting" strategies to help special district and smaller government clients run more effective ballot measure campaigns. Over the years, Ryan has solved voter data problems for more than 100 Colorado local government and school district clients. He is also an experienced general campaign consultant. Ryan is a graduate of the University of Colorado with a degree in Political Science. He resides in Frederick with his wife Vicki and their three children, Emmalyn, Easton, and Everly. Ryan is a huge college basketball fan and supporter of the Kansas Jayhawks. Magellan Strategies 1685 Boxelder Street,Suite 300 I Louisville,CO 80027 MagellanStrategies.com 1303-861-8585