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21.07.13 MA Giling LLC DocuSign Envelope ID:A3F5874F-3321-477E-969E-B7A5C43868E1 AMENDMENT—JUNE 22, 2021 *All amended language in yellow highlight. Colorado Mountain Purchasing Consortium PURCHASE AGREEMENT Between Town of Avon —Avon Transit 500 Swift Gulch Road PO Box 975 Avon, CO 81620 AND Gillig LLC For Two (2) 35 Foot Low Floor Transit Buses PROPOSAL # CMPC-15-LTB-RFP Awarded : July 13, 2015 by Eagle County Government P.O. Box 850 Eagle, Colorado 81631 1 DocuSign Envelope ID:A3F5874F-3321-477E-969E-B7A5C43868E1 PURCHASING AGREEMENT Eagle County Award#CO-2015-353. Issued By: Eagle County P.O. Box 850 Eagle, CO 81631 Administered By: Director of Transportation Contractor: Gillig LLC Address: 451 Discovery Drive Livermore, CA 94551 2 DocuSign Envelope ID:A3F5874F-3321-477E-969E-B7A5C43868E1 WHEREAS, the Colorado Mountain Purchasing Consortium (CMPC) is a group of local agencies providing mass transportation services, who are aligned for the purpose of the coordinated purchase of large transit buses; and WHEREAS, Eagle County led a solicitation on behalf of the CMPC and issued the Colorado Mountain Purchasing Consortium Request for Proposal for Project No. CMPC- 15-LTB-RFP dated January 12, 2015 (the "RFP," a copy of which is incorporated herein by this reference and available for inspection in the offices of the ECO Transit Department), which complied with federal guidelines for the purchase of transit buses using state and/or federal grant dollars (the"Solicitation"); and WHEREAS, Gillig LLC ("Manufacturer") submitted a proposal on March 23, 2015 (the "Proposal," a copy of which is incorporated herein by this reference and available for inspection at the offices of the ECO Transit Department) and was chosen as the successful respondent to the Solicitation for the bus length(s) identified by the CMPC; and WHEREAS, Town of Avon ("Agency") is a participant in the CMPC and desires to purchase the below described make and model vehicle(s) from the Manufacturer in accordance with said Solicitation; and WHEREAS, Manufacturer is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the vehicles as set forth below in paragraph 1 hereof; and WHEREAS, this Purchase Agreement shall govern the relationship between the Manufacturer and Agency in connection with the procurement of said vehicles. NOW, THEREFORE, in consideration of the foreclosing and following promises, Manufacturer and Agency agree as follows: 1. Equipment: a. Manufacturer agrees to provide the following vehicles and associated components (hereinafter referred to as the "Equipment") as more specifically identified in the Agency Order which is attached hereto as Exhibit A, and incorporated herein by this reference: Bus Size 35-foot Fuel Type: Diesel Quantity: Two (2) b. Manufacturer shall comply with all general requirements, conditions and terms as set forth in the RFP, including all approved deviations. 3 DocuSign Envelope ID:A3F5874F-3321-477E-969E-B7A5C43868E1 c. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A, the RFP, or the Proposal, and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. d. Agency shall have the right to inspect all Equipment. Inspection and acceptance shall not be unreasonably delayed or refused. Agency may conduct acceptance tests on each delivered vehicle. These tests shall be completed within ten (10) business days after vehicle delivery and the Manufacturer will be notified by the 10il day if the vehicle has been accepted or needs additional work. The post-delivery tests shall include visual inspection and vehicle operations. Vehicles that fail to pass the post-delivery tests are subject to non-acceptance. Agency shall record details of all defects and notify the Manufacturer of non-acceptance of each vehicle. The defects detected during these tests shall be repaired according to the procedures defined in Section 4: Special Provisions, SP. 1 of the RFP. In the event Agency does not accept the Equipment for any reason in its sole discretion,then the Manufacturer shall upon Agency's request and at no charge to Agency: i. take the Equipment back; ii. exchange the Equipment; or iii. repair the Equipment. 2. Compensation: a. Agency shall compensate Manufacturer for the Equipment in accordance with the rates shown in Exhibit A, and calculated as follows: Unit Cost Total Cost Purchase Description $484,745.00 $969,490.00 See attached Price Summary for documented changes to price.Price per bus increased from $461,513.00 to $484,745.00 (change of$23,232.00) due to decision to update styling and look of bus to be more consistent with current fleet and new bus branding. Additional service route considerations were taken into account and the passenger seating layout was modified to accommodate more standee passenger needs. b. Payment will be made for Equipment satisfactorily delivered and accepted within thirty (30) days of receipt of a proper and accurate invoice from Manufacturer and when CMPC members receive required FTA/CDOT post-delivery paperwork. All invoices shall include detail regarding the Equipment and such other detail as Agency may request. c. If, at any time during the term or after termination or expiration of this Agreement, Agency reasonably determines that any payment made by Agency to Manufacturer was improper because the Equipment for which payment was made were not provided as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from Agency, Manufacturer shall forthwith return such payment(s) to 4 DocuSign Envelope ID:A3F5874F-3321-477E-969E-B7A5C43868E1 Agency. Upon termination or expiration of this Agreement, unexpended funds advanced by Agency, if any, shall forthwith be returned to Agency. d. Agency will not withhold any taxes from monies paid to the Manufacturer hereunder and Manufacturer agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. e. Notwithstanding anything to the contrary contained in this Agreement, Agency shall have no obligations under this Agreement after, nor shall any payments be made to Manufacturer in respect of any period after December 31 of any year, without an appropriation therefor by Agency in accordance with a budget adopted by its governing body in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 3. Schedule: a. The Equipment shall be delivered at a rate not to exceed five (5)vehicles per week Monday through Friday. No deliveries shall be made on weekends or holidays. Delivery of the Equipment shall be completed on or before 365 days from date of firm order provided written notification from the agency is received by the Manufacturer 480 days prior to delivery, with the exception of 2015 and 2016 vehicles as defined in the Best and Final Offer. b. Manufacturer and Agency agree that if delivery is not made within a maximum of 480 days, as liquidated damages (but not as a penalty)Manufacturer shall pay Agency one hundred dollars ($100.00)per calendar day, per vehicle. c. The Manufacturer is required to work with the CMPC Program Administrator on all contract delay related issues, per Section 3: General Conditions of the RFP, G.C. 9.3. Finalized order dates are to be communicated to the CMPC Program Administrator to track adherence to delivery timeframe requirements. Notifications of any production delays that would result in late delivery or liquidated damages must be communicated by the Manufacturer to the Agency and CMPC Program Administrator per Section 4: Special Provisions of the RFP, SP 6. 4. Federal Grant Contract: The Parties acknowledge that Agency is a sub- recipient of a grant awarded by either/or the Federal Transit Administration (FTA) or the Colorado Department of Transportation (CDOT), which will be used to fund, in part, the procurement of this equipment. The CMPC estimates that approximately 60% of all CMPC contract amounts will be funded by the FTA and/or CDOT. 5 DocuSign Envelope ID:A3F5874F-3321-477E-969E-B7A5C43868E1 5. Documents: Manufacturer shall execute all documents required by Agency to transfer title of the Equipment to Agency as identified in Section 4: Special Provisions Table 1: Contract Deliverable of the RFP. Manufacturer shall provide copies of any instruction or operations manuals and shall further provide copies of any manufacturers' warranties associated with the Equipment as specified in the RFP, Section 4, SP 2.3. 6. Other Contract Requirements and Manufacturer Representations: a. Manufacturer has familiarized itself with the intended purpose and use of the Equipment to be provided hereunder, the intended use of such Equipment by Agency, and with all local conditions,federal, state and local laws,ordinances,rules and regulations that in any manner affect cost, progress, or Equipment. b. Manufacturer will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of this Agreement. c. The fact that the Agency has accepted or approved the Equipment shall not relieve Manufacturer of any of its responsibilities. Manufacturer represents and warrants that it has the expertise and personnel necessary to properly perform the terms of this Agreement. Manufacturer shall provide appropriate supervision to its employees to ensure the performance in accordance with this Agreement. Manufacturer will provide the Equipment and any associated services in a skillful, professional and competent manner and in accordance with the standard of care applicable to Manufacturers supplying similar equipment and services. d. Manufacturer warrants merchantability and fitness of the Equipment for its intended use and purpose. e. Manufacturer agrees to provide the standard manufacturer and component warranties as stated in Section 7: Warranty Provisions, of the RFP unless any accepted deviations to Section 7 were accepted by the CMPC as part of the initial proposal or Best and Final Offer proposal for each vehicle purchased under this Purchase Agreement. All accepted deviations are included in the Eagle County Contract Exhibit B. All extended warranties as provided in CER. 8 Price Proposal Form accepted by the CMPC for each bus length awarded are referenced in the Eagle County Contract Exhibit B. £ Manufacturer warrants that title to all Equipment shall pass to Agency either by incorporation into the Agency facility or upon receipt by Manufacturer of payment from Agency (whichever occurs first) free and clear of all liens, claims, security interests or encumbrances. Manufacturer further warrants that Manufacturer (or any other person performing Work) purchased all Equipment free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the foregoing, Manufacturer assumes all risk of loss with respect to the Equipment until the equipment has been delivered. The Agency shall assume risk of loss of the bus on delivery after satisfactory initial delivery inspection. Prior to this delivery, the Manufacturer shall have risk of loss of the bus, including any damages sustained during the delivery regardless of the status of title or any payments 6 DocuSign Envelope ID:A3F5874F-3321-477E-969E-B7A5C43868E1 related to the bus. Drivers shall keep a maintenance log en route, and it shall be delivered to the Agency with the bus. If the bus is released back to the Manufacturer for any reason, then the Manufacturer has the risk of loss upon such release. g. Within a reasonable time after receipt of written notice, Manufacturer shall correct at its own expense, without cost to Agency, and without interruption to Agency as defined in Section 7: i. Any defects in Equipment which existed prior to or during the period of any guarantee or warranty provided in this Agreement; and ii. Any damage to any property caused by such defects or the repairing of such defects. h. Guarantees and warranties shall not be construed to modify or limit any rights or actions Agency may otherwise have against Manufacturer in law or in equity. i. Manufacturer agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement as outlined in the RFP, Section 7, WR 2.2. Time is of the essence with respect to this Agreement. j. This Agreement constitutes an agreement for performance by Contractor as an independent Contractor and not as an employee of Agency. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee,master-servant, partnership, joint venture or any other relationship between Agency and Manufacturer except that of independent Manufacturer. Manufacturer shall have no authority to bind Agency. k. Manufacturer represents and warrants that at all times in the performance of the Agreement,Manufacturer shall comply with any and all applicable laws,codes,rules and regulations. 1. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. m. Manufacturer shall not assign any portion of this Agreement without the prior written consent of the Agency. Any attempt to assign this Agreement without such consent shall be void. n. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. 7 DocuSign Envelope ID:A3F5874F-3321-477E-969E-B7A5C43868E1 o. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. p. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. q. The signatories to this Agreement aver to their knowledge no employee of the Agency has any personal or beneficial interest whatsoever in the Equipment described in this Agreement. The Manufacturer has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Agreement and Manufacturer shall not employ any person having such known interests. r. The Manufacturer, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she(i)is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. s. Any and all claims, disputes or controversies related to this Purchase Agreement, or breach thereof, shall be litigated in the Colorado District Court for the county in which Agency is located, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 7. Contract Documents: 1) Purchase Agreement 2) Exhibit A, Agency Order 3) The RFP 4) Manufacturer Proposal and related BAFO which are agreed to by Manufacturer, incorporated herein by this reference, and collectively referred to as "Contract Documents." The Contract Documents may only be altered,amended,or repealed by written amendment. The intent of the Contract Documents is to include all items, components and services necessary for the proper sale and delivery of the Equipment. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. The Contract Documents are listed in order of priority. If a conflict exists in the terms of any of the Contract Documents, the document with a higher priority shall control. 8 DocuSign Envelope ID:A3F5874F-3321-477E-969E-B7A5C43868E1 8. Manufacturer's Agreement: Gillig LLC agrees to provide the equipment identified above and in the Purchasing Agreement for the consideration stated herein. The offer to provide the equipment identified above is hereby accepted as offered in the proposal in response to #CMPC-15-LTB-RFP, in accordance with the Contract Documents. Gillig, LLC: CMPC Member Agency: Town of Avon DocuSigned by: p—DocuSigned by: G Sul By: 0E1230A77DD0404... By: —30B5583B08CA421... William F. Fay Jr. Eric Heil Vice President, Sales Town Manager Title Title 7/16/2021 7/16/2021 Date: Date: 9 DocuSign Envelope ID:A3F5874F-3321-477E-969E-B7A5C43868E1 CONFIDENTIAL Price Summary 4/28/2021 Avon, CO (Option -Eagle County, CO -CMPC-15-ITB-RFP ) (2) 35' Low Floor Diesel Buses Serial Number: 195968-195969 Action Section Item Price Avon, CO 35' Low Floor Diesel Base Unit Price (7/10/2020) $461,513.00 Pre-Production Meeting Changes (E. Wilson) 12/23/2020 Change 0 From Standard To BRT Front& Rear Body Style $13,333.00 Add 0 Front& Rear BRT Roof Fairings $2,500.00 Change 4/5 From Hub To Stud Piloted Wheels ($295.00) Delete 43 Dash Mounted, Front Run Sign (Transign) ($315.00) Emailed Meeting Changes (J. Shoun) 1/25/21 Add 6 Onspot Automatic Tire Chain System $1,814.00 Change 61 From Apollo To Safety Vision Video Surveillance System ($750.00) Add 61 Back-Up Camera $470.00 Emailed Meeting Changes (E.Wilson) 3/25/2021 Delete 61 Back-Up Camera ($470.00) Emailed Meeting Changes (E.Wilson) 3/30/2021 Change 71 Updated Paint/Graphics Package $2,700.00 Emailed Meeting Changes (E.Wilson) 4/28/2021 Change 28 Updated Seat Layout $4,245.00 Avon, CO 35' Low Floor Diesel Current Price 4/28/2021 $484,745.00 Spares &Tooling Budget (Included In Bus Price) Spares &Tooling Budget(To Deferred Account) $4,569.00 CONFIDENTIAL This pricing information is intended only for the personal and confidential use of the recipient(s)to whom it was originally sent.If you are not an intended recipient of this information or an agent responsible for delivering it to an intended recipient,you are hereby notified that you have received this information in error,and that any review,dissemination, distribution,or copying of this message is strictly prohibited. DocuSign Envelope ID:A3F5874F-3321-477E-969E-B7A5C43868E1 TOWN COUNCIL MEETING RECAP,JUNE 22,2021 4PM EXECUTIVE SESSION ACTION/DIRECTION CALL TO ORDER AND ROLL CALL Mayor Smith Hymes called the virtual meeting to order at 4:01 p.m. in open session.Three members of Council were physically present(Councilor Andrade, Councilor Hardy and Mayor Smith Hymes)and one was virtually present (Councilor Underwood). Councilors Prince,Thuon and Phillips were absent. Mayor Smith Hymes asked for a motion to go into executive session. Councilor Andrade moved; Councilor Hardy seconded.This passed 4 to 0, Councilor Underwood could not hear the roll call motion, but Councilor Prince had joined the room. Councilor Prince joined at 4:03 p.m. Councilor Thuon joined at 4:04 p.m. Mayor Pro Tern Phillips joined at 4:12 p.m. Executive Session for the purpose of discussing The Executive Session started at 4:04 p.m.The Executive Session adjourned at 4:50 p.m. specialized details of security arrangements related to Town Hall pursuant to Section 24-6-402(3)(a)(IV), C.R.S. AVON LIQUOR LICENSING AUTHORITY MEETING ACTION/DIRECTION 1.CALL TO ORDER AND ROLL CALL Mayor Smith Hymes called the liquor licensing authority to order at 5:00 p.m.All seven members of Council were present,six in Council Chambers and Councilor Underwood was present virtually. 2.APPROVAL OF AGENDA Mayor Smith Hymes took off agenda item 6.1. Mayor Pro Tem Phillips moved the agenda as amended.Councilor Hardy seconded that motion and it passed unanimously. 3.DISCLOSURE OF ANY CONFLICTS OF INTEREST None 4.PUBLIC COMMENT None 5.PUBLIC HEARING FOR REPORT OF CHANGES- Elizabeth Pierce-Durance introduced the application.The application (Mr.Thayer)was present to introduce himself MODIFICATION OF PREMISES: and answer Council questions. Mayor Pro Tern Phillips moved. Councilor Hardy seconded that motion and it passed 5.1 VAIL COUNTRY CLUB, LLC D/B/A VAIL CC unanimously. 6.PUBLIC HEARING FOR A NEW H&R LIQUOR Continued to a future meeting. LICENSE APPLICATION 6.1 MEZZO LLC D/B/A FATTORIA 7.APROVAL OF THE MINUTES FROM JUNE 8,2021 Councilor Thuon moved to approve the minutes. Mayor Pro Tem Phillips seconded that motion and it passed MEETING unanimously. 8 WRITTEN REPORT:8.1. Report on recent Administrative Approvals 9.ADJOURNMENT The Liquor Licensing Authority Meeting adjourned at 5:07 p.m. ACTION/DIRECTION 1.CALL TO ORDER AND ROLL CALL Mayor Smith Hymes called the regular meeting to order at 5:07 p.m.All seven members of Council were present,six in Council Chambers and Councilor Underwood was present virtually. DocuSign Envelope ID:A3F5874F-3321-477E-969E-B7A5C43868E1 2.APPROVAL OF AGENDA Councilor Prince moved to approve the agenda. Councilor Hardy seconded that motion and it passed unanimously 3.DISCLOSURE OF ANY CONFLICTS OF INTEREST None 4.PUBLIC COMMENT Kathleen Walsch, Resident on Eagle Bend Drive. Had a question about the Avon Dark Sky Building initiative and particularly the Traer Creek Development and the outside lighting on that building and if it can be looked at as it is a lot of light. It is really bright over in that area and the building lights are on 24/7. Krista Keiser, Eagle-Vail Resident.Sent appreciation email to Council about removing the Pride Flags.She got a polite response, her friend did not.She quoted appropriate appointed official behaviors in our code. Andrew Keiser,Eagle-Vail Resident. Read out loud an email from Councilor Phillips sent on Sunday to Heather Bergquist. Madison Partridge,on the organizing committee of Pride in the Park. Expressed she was present tonight to thank Council and express her sincere gratitude for allowing the pride flag to be flown earlier this week.She expressed it saves lives through feeling accepted and she hopes that Council's inboxes have been filled with love and gratitude emails from the attendees.She cannot stress enough this has made impact on our youth,families and individual on our community members and she hopes that flying the flag continues next year to promote inclusion. Jordan Lyles,lives in Avon.Also,very thankful for council and show youth a safe space.This is making people think and it's awesome.Visibility is important for our youth. Mayor Smith Hymes expressed that Council received an overwhelming amount of responses and said we will craft a response to EVERYONE that send us comments. 5. BUSINESS ITEMS ACTION/DIRECTION 5.1 Avon Police Department Annual Presentation Chief of Police Greg Daly took Council through the highlights of the Annual PD Update PPT presentation as included in the Council packet.Council thanked the PD for all of the great information. 5.2.Support Letter for SHRED Act Eric Heil introduced the topic and letter of support.There were no public comments.Councilor Thuon moved to approve the letter of support.Councilor Hardy seconded that motion and it passed unanimously. 5.3 Presentation: Recreation Update Michael Labagh presented a Rec Center Update and took Council through the highlights of the PPT presentation as included in the Council packet. He expressed that all reservations have been phased out,although it is still possible to reserve lap lanes. Councilor Thuon asked to check the safety of a rope next to the zipline at the playground. Michael and Eric answered questions about the process to potentially raise minimum wages for lifeguards. Council thanked Michael for stepping in as Interim Recreation Director. 5.4 Consideration of Memorandum of Eric Heil explained this is a MOU to create a governing body and there are two proposed motions.The first one to Understanding:Climate Action Collaborative approve the MOU and the second one to designate Sarah &Eric as the primary&alternate representative for the Governing Board Town.Councilor Hardy moved the first motion. Councilor Prince seconded that motion and it passed unanimously. Mayor Pro Tern Phillips moved the second motion,Councilor Hardy seconded that motion and it passed unanimously. 5.5 Public Hearing:Second Reading of Ordinance Elizabeth Pierce-Durance presented the ordinance for second reading and confirmed there were no changes from the 21-08 Model Traffic Code first reading.There were no public comments.Councilor Hardy moved, Mayor Pro Tern Phillips seconded and the motion carried unanimously. DocuSign Envelope ID:A3F5874F-3321-477E-969E-B7A5C43868E1 5.6 First Reading Ordinance 21-05 Concerning the Paul Wisor introduced the ordinance and explained this ordinance seeks to further enhance our efforts to manage Management of Plastic Products plastic products in Town including plastic bags. He clarified the timeline. Mayor Smith Hymes called out Emily Myler for her excellent work on the plastic bag report.There were no public comments. Mayor Pro Tem Phillips moved to approve first reading. Councilor Hardy seconded that motion and it passed 6 to 1.Councilor Andrade voted no. 5.7 First Reading of Ordinance 21-09 Approving Matt Pielsticker joined the meeting and thanked David McWiliams for putting these code amendments together. Code Text Amendments to Chapter 7 of the Avon Councilor Hardy asked to add fencing language changes to the code now that we're already discussing the code Municipal Code language. Councilor Thuon moved to approve first reading with the discussed changes to the fencing language. Councilor Prince seconded that motion and it passed 5 to 2. Councilors Underwood and Phillips voted no. 5.8. Presentation: Digital Messaging Signs Justin Hildreth highlighted the proposed locations.Council discussed the disconnect when PZC only looks at design and does not take cost into account or safety per location. Council asked staff to stake out the different areas. 5.9. Public Hearing:Outdoor Use of Amplified Eric Heil presented the sound permit application and said we've done this in years past. Paul Wisor confirmed we have Sound Permit Application not received any complaints in the past.There were no public comments.Councilor Prince moved to approve the sound permit. Mayor Pro Tem Phillips seconded that motion and it passed unanimously. 5.10. Resolution 21-15 Amending and Re- Paul Wisor& Eric Heil presented this topic and explained that this resolution outlines under what circumstances a Adopting the Simplified Rules of Order for Avon Council member can attend remotely. Paul explained there will be one change to bullet#1 in the memo to make that Town Council Meetings to Reflect Remote clearer. Councilor Thuon moved to approve the resolution including Paul's proposed change. Mayor Pro Tem Phillips Attendance Policy seconded that motion and it passed unanimously. 5.11. Electric Bus Purchase Agreement Eva Wilson joined the meeting and asked if Council had questions. Council asked about destroying the engines of 2 old diesel buses and Eva clarified it's a direct swap.The grant goal is to remove the old diesel buses off the road permanently. Mayor Pro Tem Phillips moved to accept the grant.Councilor Hardy seconded that motion and it passed unanimously. Mayor Pro Tem Philips then moved to accept the purchase agreement. Councilor Hardy seconded that motion and it passed unanimously. 5.12. Diesel Bus Purchase Agreement Eva Wilson joined the meeting and asked if Council had questions.She clarified these are clean diesel buses and very different than the ones we are destroying. Mayor Pro Tem Phillips moved to accept the grant agreement. Councilor Hardy seconded that motion and it carried unanimously. Mayor Pro Tern Phillips then moved to approve purchase agreement with Gillig. Councilor Thuon seconded that and the motion passed unanimously. 5.13.Acceptance of Grant Award—Coronavirus Eva Wilson presented the grant award. Mayor Pro Tern Phillips moved to approve the acceptance of the grant Award. Response and Relief Supplemental Appropriation Councilor Hardy seconded that motion and it passed unanimously. Act Grant 5.14.Consideration of Memorandum of Eva Wilson introduced the MOU for this state program. Councilor Thuon moved to approve the MOU. Councilor Understanding:The Colorado EV Rental Car Program Prince seconded that motion and it passed unanimously. 5.15. Riverfront Lane Revocable License Matt Pielsticker presented the license agreement.Jim Telling was available virtually to answer Council questions. Agreement There were no public comments.Councilor Hardy said she had to recuse for this and forgot to disclose that earlier. Councilor Prince moved to excuse councilor Hardy. Mayor Pro Tern Phillips seconded that motion and it passed 6 to 0. Councilor Hardy then left the room.Councilor Thuon moved to approve the agreement. Mayor Pro Tern Phillips seconded that motion and it passed 6 to 0. DocuSign Envelope ID:A3F5874F-3321-477E-969E-B7A5C43868E1 6.MINUTES 6.1 Approval of June 8, 2021 Regular Council Mayor Pro Tern Phillips moved to approve the minutes. Councilor Prince seconded that motion and it passed Meeting Minutes unanimously. 7.WRITTEN REPORTS 7.1. Monthly Financials 7.2.June 15th PZC Meeting Abstract 7.3. UERWA May 27, 2021 Meeting Summary 7.4.APD Disposition on Forfeited Properties for 2020 7.5. Public Wi-Fi Firewall 8. MAYOR AND COUNCIL COMMENTS&MEETING Councilor Thuon had several comments: UPDATES 1. He thanked Chief Daly and the firemen out there for keeping everyone safe. 2. He reminded everyone to sign up for EC Alerts and he encouraged everyone to get vaccinated. 3. He said that in terms of the flag talk, he asked to please have tolerance and kindness. 4. He wanted to raise awareness for E-bikes in the park,some go way too fast and scare pedestrians, can we look into a solution. 5. He asked for an update on researching a potential marihuana tax. Eric confirmed this is on the 2021 workplan and there will be an update to Council in July. 6. Did culvert on Metcalf Rd get repaired? 7. Is there an update on old TH demo? 8. Is there a siren generator update? 9.What is schedule of underpass construction,can we get a third party to line item by line item check the contract, a third party to oversee cost and the timing?Third party management overseeing projects get done timely&costly (future agenda item?). Mayor Pro Tem Phillips expressed that she is upholding the State law, and the LBGTQ+community is part of that and protected under that law.And said that if your words are bigoted, no matter how sweet,you are violating the State law.As a public official it is her responsibility to uphold the Colorado law. Councilor Hardy had several comments: 1.She wanted to chat about the Pride in the Park event and said it was a beautiful event to celebrate inclusivity. It was very moving,and the community is amazing.She admires the many incredible emails that Council received and how this is making things better for the youth in the valley. 2.She walked the park with Eric and staff last week and said the prairie dog situation is outrageous and is causing stress on the HOA's nearby. 3.She said in one location in the park near the baseball field the safety needs to be improved to make access easier. 3. Hearing tonight that the rec center parking lot is already full currently with only 250 visitors/day(pre-pandemic we were at 500/600 day),Council may need to revisit on-street parking to accommodate all visitors. DocuSign Envelope ID:A3F5874F-3321-477E-969E-B7A5C43868E1 Councilor Andrade asked the Town to err of side of caution and not have the fireworks on July 3rd. Eric confirmed that staff is monitoring the conditions closely and collaborating with the Fire Chief. Mayor Smith Hymes had three comments: 1.She wanted to talk about the flag controversy and said that a few years ago,Council discussed a detailed code of conduct which Council ultimately did not adopt.She said that Council has to be very careful of speaking on behalf of the entire Council versus expressing their personal opinion. Because we don't have a code of conduct,we don't know what other Councilors are doing/emailing and until Council agrees on protocols,all Councilors should be clear if responding if this is a personal opinion or Council opinion. Council agreed to disagree on accepting or not accepting intolerance. Paul explained the code on flags. Eric& Paul will work on a draft message to send to everyone that reached out via email on this topic.A draft will be sent to Council for review in the morning. 2.She said the inaugural Art Around Avon Walk on June 11 was lovely and it was a beautiful day.The artists said that their pieces move around to different communities and one artist suggested that Council purchases one piece every year. Council suggested switching the heart and the sawblade pieces. 3.She reminded everyone about AvonLIVE!tomorrow and said that SunsetLlVE! last Sunday was so great and so well attended. 4.She said the prairie dogs are unbelievable. 5.She asked about replacing the plaques for the bronzes. 6.She then polled councilors on availability for a second budget retreat on Sept 24 which is a full day in addition to the half day that is scheduled on Oct 29.There were no objections, but Sarah said to email her if anyone cannot make that day as we could pick a different day if that works better. 9.ADJOURNMENT The meeting adjourned at 9:00 p.m.