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Walking Mountains Science Center 2023 Community Partner Letter of Agreement DocuSign Envelope ID:6BE36715-D40E-4D11-9A10-EDF2F5FA692D t1'/O n Letter of Agreement COLORADO Between Walking Mountains Science Center and Town of Avon, Colorado Ms. Gina Van Hekken Walking Mountains Science Center P.O. Box 9469 Avon, CO 81620 Dear Ms. Van Hekken: The Town of Avon ("Town") is pleased to provide funding to the Walking Mountains Science Center in fiscal years 2023, 2024 and 2025 upon the terms and conditions described in this Letter of Agreement ("Agreement"). The work of the Walking Mountains Science Center is important to the Avon community, and, on behalf of Avon's residents, the Avon Town Council would like to express its appreciation for your contributions to the Avon community by awarding Town funds as described in this Agreement. The purpose of this Agreement is to formalize the terms and conditions of the Town's financial contribution. Agency: Walking Mountains Science Center Town of Avon Contribution: Cash: Thirty-five thousand dollars ($35,000.00) per year, provided that all terms and conditions described in this Agreement are met. Funding Term: January 1, 2023 through December 31, 2025. Scheduled Use of Funds: January 1, 2023 through December 31, 2025 Funding Conditions: • Consult with the Town's Communications& Marketing Manager with respect to the appropriate use of the Town logo and brand, including but not limited to the placement of the Town logo on marketing and promotional materials. • Provide a detailed line-item budget for each fiscal year in advance of the next fiscal year, including but not limited to the revenues and contributions from all other funding partners, specifically listing all local government or municipal funding. • Provide a written report detailing the benefit to the Avon community by December 15 of each fiscal year.The report should include specific programs and services offered and supported through the Town's funding, including the number of Avon residents and/or businesses that benefit directly from the provided programs or services. Funds are not available for capital improvements, equipment or supplies. Letter of Agreement Page 1 DocuSign Envelope ID:6BE36715-D40E-4D11-9A10-EDF2F5FA692D The Town's Communications & Marketing Manager is the responsible representative for the Town to oversee Walking Mountains Science Center's Community Partner Funding.The Communications&Marketing Manager should be contacted with any questions: Elizabeth Wood, Communications & Marketing Manager, (970) 748-4087, ewood@avon.org. Nothing contained in this Agreement shall constitute a partnership or joint venture between the Town and Walking Mountains Science Center or designate Walking Mountains Science Center or any of its employees as employees of the Town, and thereby, Walking Mountains Science Center, its subcontractors or any person directly or indirectly employed by it are not entitled to Town's worker's compensation benefits or any benefit contemplated by a Town employer/employee relationship. Funding Conditions must be met by December 15 of each fiscal year in order to be eligible for funding in the subsequent fiscal year. Walking Mountain Science Center understands and acknowledges that the Town is subject to Article X, § 20 of the Colorado Constitution ("TABOR").The Town and Walking Mountains Science Center do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR, and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Town's current fiscal period ending upon the next succeeding December 31. Financial obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of Town of Avon, and other applicable laws. Upon the failure to appropriate such funds,this Agreement shall be terminated. Authorized Signatures: Gina Van Hekken, Walking Mountains Science Center I duly represent that I am authorized to represent Walking Mountains Science Center in reviewing and signing this Agreement. My signature to this Agreement constitutes acceptance of the terms of this Agreement, special terms and conditions for use of the funds awarded, if so awarded,and Walking Mountains Science Center's responsibilities as stated above. —DocuSigned by: SIGNATURE:, ��a VA' Atka V' @7 14EA42A674480... PRINTED NAME: Gina van Hekken TITLE: Di rector of Grants 2/14/2023 DATE: Town of Avon ,-DocuSignneed by:n SIGNATURE: "-91321 B394 E1.3241 b... Eric Heil PRINTED NAME: TITLE: Eric Hei 2/14/2023 DATE: Letter of Agreement Page 2