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
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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
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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.
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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
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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.
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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
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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.
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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.
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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:
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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.
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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.
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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.
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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.
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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.
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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.