TC Packet 06-22-2021_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
AVON TOWN COUNCIL MEETING AGENDA
TUESDAY, June 22, 2021
MEETING BEGINS AT 5:10 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE)
Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom
AVON TOWN COUNCIL EXECUTIVE SESSION BEGINS AT 4:00 PM
Executive Session for the purpose of discussing specialized details of security arrangements related to
Town Hall pursuant to Section 24-6-402(3)(a)(IV), C.R.S. (Police Chief Greg Daly) (40 Minutes)
AVON LIQUOR LICENSING AUTHORITY MEETING BEGINS AT 5:00 PM (See Agenda on page 3)
AVON TOWN COUNCIL PUBLIC MEETING BEGINS AT 5:10 PM
1. CALL TO ORDER AND ROLL CALL 5:10
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE
FOLLOWING AGENDA
Public comments are limited to three (3) minutes. The speaker may request an additional one (1)
minute, which may be approved by a majority of Council.
5. BUSINESS ITEMS
5.1. Avon Police Department Annual Presentation (Police Chief Greg Daly) (30 Minutes) 5:15
5.2. Support Letter for SHRED Act (Town Manager Eric Heil) (5 Minutes) 5:45
5.3. Presentation: Recreation Update (Interim Recreation Director Michael Labagh) (20 Minutes)
5:50
5.4. Consideration of Memorandum of Understanding: Climate Action Collaborative Governing Board
(Town Manager Eric Heil) (5 Minutes) 6:10
5.5. Public Hearing: Second Reading of Ordinance 21-08 Model Traffic Code (Town Prosecutor
Elizabeth Pierce-Durance (5 Minutes) 6:15
5.6. First Reading Ordinance 21-05 Concerning the Management of Plastic Products (Town
Attorney Paul Wisor) (20 Minutes) 6:20
5.7. First Reading of Ordinance 21-09 Approving Code Text Amendments to Chapter 7 of the Avon
Municipal Code (Planning Director Matt Pielsticker) (20 Minutes) 6:40
5.8. Presentation: Digital Messaging Signs (Town Engineer Justin Hildreth) (30 Minutes) 7:00
5.9. Public Hearing: Outdoor Use of Amplified Sound Permit Application (CASE Manager Danita
Dempsey) (5 Minutes) 7:30
5.10. Resolution 21-15 Amending and Re-Adopting the Simplified Rules of Order for Avon Town
Council Meetings to Reflect Remote Attendance Policy (Town Attorney Paul Wisor and Town
Manager Eric Heil) (15 Minutes) 7:35
5.11. Electric Bus Purchase Agreement (Mobility Director Eva Wilson) (5 Minutes) 7:50
5.12. Diesel Bus Purchase Agreement (Mobility Director Eva Wilson) (5 Minutes) 7:55
5.13. Acceptance of Grant Award – Coronavirus Response and Relief Supplemental Appropriation Act
_______________________________________________________________________________
MEETING AGENDAS AND PACKETS ARE FOUND AT: WWW.AVON.ORG
AGENDAS ARE POSTED AT AVON TOWN HALL, AVON RECREATION CENTER, AVON ELEMENTARY AND AVON PUBLIC LIBRARY
IF YOU HAVE ANY SPECIAL ACCOMMODATION NEEDS, PLEASE, IN ADVANCE OF THE MEETING,
CALL TOWN CLERK BRENDA TORRES AT 970-748-4001 OR EMAIL BTORRES@AVON.ORG WITH ANY SPECIAL REQUESTS.
Grant (Mobility Director Eva Wilson) (5 Minutes) 8:00
5.14. Consideration of Memorandum of Understanding: The Colorado EV Rental Car Program
(Mobility Director Eva Wilson) (5 Minutes) 8:05
5.15. Riverfront Lane Revocable License Agreement (Planning Director Matt Pielsticker) (5 Minutes)
8:10
6. MINUTES
6.1. Approval of June 8, 2021 Regular Council Meeting Minutes (Town Clerk Brenda Torres) (5
Minutes) 8:15
7. WRITTEN REPORTS
7.1. Monthly Financials (Senior Accountant Joel McCracken)
7.2. June 15th Planning and Zoning Commission Meeting Abstract (Planner David McWilliams)
7.3. Upper Eagle Regional Water Authority May 27, 2021 Meeting Summary (Mayor Smith Hymes)
7.4. Avon Police Department Disposition on Forfeited Properties for 2020 (Police Chief Greg Daly)
7.5. Public Wi-Fi Firewall (IT Manager Robert McKenner)
** Indicates topic will be discussed at future agenda’s
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES (15 MINUTES) 8:20
9. ADJOURN 8:35
Public Comments: Council agendas shall include a general item labeled “Public Comment” near the beginning of all Council meetings. Members of the public who wish to provide comments to Council greater than three minutes are encouraged to schedule time in advance on the agenda and to provide
written comments and other appropriate materials to the Council in advance of the Council meeting. The Mayor shall permit public comments for any
action item or work session item and may permit public comment for any other agenda item, and may limit such public comment to three minutes per individual, which limitation may be waived or increased by a majority of the quorum present. Article VI. Public Comments, Avon Town Council Simplified Rules of Order, Adopted by Resolution No. 17-05.
FUTURE AGENDAS
JULY 13
o Receipt of 2020 Audit Report
o Presentation: CIP Project Update
o USFS 717.1B Emergency Egress Planning
o Work Session: East Harry A. Nottingham Parking Improvements
o Presentation: Use Tax
o First Reading of Ordinance 21-10 Enacting Chapter 2.05 of the Avon Municipal Code – Removal of
Council Members
o Second Reading of Ordinance 21-09 Approving Code Text Amendments to Chapter 7 of the Avon
Municipal Code
o Resolution 21-XX supporting efforts to protect 30% of U.S. Lands, Waters, and Oceans by 2030
o Quarterly Update on 2021 department goals
AVON LIQUOR LICENSING AUTHORITY MEETING AGENDA
TUESDAY, JUNE 22, 2021
MEETING BEGINS AT 5:00 PM (ALL START TIMES LISTED IN RED ARE APPROXIMATE)
Hybrid meeting; in-person at Avon Town Hall or virtually through Zoom
1. CALL TO ORDER AND ROLL CALL 5:00
2. APPROVAL OF AGENDA
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA [AN INITIAL
THREE (3) MINUTE LIMIT ALLOWED TO EACH PERSON WISHING TO SPEAK . SPEAKER MAY REQUEST MORE TIME AT
THE END OF THE THREE (3) MINUTES, WHICH MAY BE APPROVED BY A MAJORITY OF THE COUNCIL .]
5. PUBLIC HEARING FOR REPORT OF CHANGES -MODIFICATION OF PREMISES 5:00
5.1. APPLICANT NAME: VAIL COUNTRY CLUB, LLC D/B/A VAIL CC
LOCATION: 240 CHAPEL SQUARE UNIT B-126
TYPE: TAVERN
MANAGER: KENNY THAYER
6. PUBLIC HEARING FOR A NEW H&R LIQUOR LICENSE APPLICATION 5:05
6.1. APPLICANT NAME: MEZZO LLC D/B/A FATTORIA
LOCATION: 48 E BEAVER CREEK BLVD. UNITS 105, 106, 107 AND 108
TYPE: HOTEL AND RESTAURANT (CITY)
OWNERS: NOAH BENDER AND JAMES PAVELICH
7. APPROVAL OF THE MINUTES FROM JUNE 08, 2021 LIQUOR LICENSING AUTHORITY MEETING (5 Minutes) 5:10
8. WRITTEN REPORT
8.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS (LIQUOR LICENSING AUTHORITY SECRETARY BRENDA TORRES)
9. ADJOURNMENT 5:10
970-748-4001 btorres@avon.org
TO: Avon Liquor Licensing Authority FROM: Brenda Torres, Liquor Licensing Authority Secretary
RE: PUBLIC HEARING for Modification of Premises -
Vail Country Club
DATE: June 08, 2021
SUMMARY: Current licensee Vail Country Club LLC d/b/a Vail CC, has submitted a Report of Changes
application for modification of premises. The Applicant has submitted materials required by the State of
Colorado Liquor Enforcement Division, which materials are in order. Documents are on file in the Town
Clerk’s office.
Today’s hearing has been properly noticed. The Applicant is expected to be present to answer Authority
questions.
His request is made in Section 9 of the application form, and is related to the following:
*Addition of outside patio
Mr. Thayer’s application satisfies these criteria.
BACKGROUND:
Regulation 47-302 Changing, Altering, or Modifying Licensed Premises. Basis and Purpose. The statutory
authority for this regulation is located at subsections 44-3-202(1)(b), 44- 3-202(2)(a)(I)(A), and 44-3-
202(2)(a)(I)(D), C.R.S. The purpose of this regulation is to establish procedures for a licensee seeking to
make material or substantial alterations to the licensed premises and provide factors the licensing authority
must consider when evaluating such alterations for approval or rejection.
A. After issuance of a license, the licensee shall make no physical change, alteration or modification of the
licensed premises that materially or substantially alters the licensed premises or the usage of the licensed
premises from the plans and specifications submitted at the time of obtaining the original license without
application to, and the approval of, the local and state licensing authorities.
For purposes of this regulation, physical changes, alterations, or modifications of the licensed premises, or
in the usage of the premises requiring prior approval, shall include, but not be limited to, the following:
1.Any increase or decrease in the total size or capacity of the licensed premises.
2.The sealing off, creation of or relocation of a common entryway, doorway, passage, or other such
means of public ingress and/or egress, when such common entryway, doorway or passage alters or
changes the sale or distribution of alcohol beverages within the licensed premises.
For more references to Regulation 47-302 please follow this link:
https://www.sos.state.co.us/CCR/GenerateRulePdf.do?ruleVersionId=8009&fileName=1%20CCR%20203-2
The applicant has submitted the required materials for making this request to the Local Authority and the
State of Colorado liquor enforcement division. Diagrams of the current premises and of the proposed area
to add to current licensed premises have been included.
Page 2 of 2
Kenny Thayer, representing Vail CC, will be present to provide support for this application as well as
answer any questions. There are a local and a state fee associated with modification of premises
applications; the applicant has submitted these fees.
LICENSING AUTHORITY: The Town Council, acting as the Local Liquor Licensing Authority, will consider a
Modification Application as submitted by Vail CC. A public hearing is required before final action is taken.
PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) the
Modification of Premises application made by Vail Country Club LLC d/b/a Vail CC.”
Thank you, Brenda
MODIFICATION OF PREMISES ATTACHMENTS:
The Applicant for the special event permit has submitted the following materials:
✓ Attachment A: Permit Application and Report of Changes (State form DR 8442)
✓ Attachment B: Map diagram of the proposed modification, including an outside area
ATTACHMENT A
(970) 748-4001 btorres@avon.org
TO: Avon Liquor Licensing Authority FROM: Brenda Torres, Liquor Licensing Authority Secretary
RE: PUBLIC HEARING for New Hotel & Restaurant (City) Liquor
License for Mezzo, LLC d/b/a Fattoria
DATE: June 11, 2021
SUMMARY: Mezzo LLC d/b/a Fattoria, as the Applicant, is applying for a new Liquor License.
The Applicant has submitted the appropriate materials required by the State of Colorado Liquor
Enforcement Division and all materials are in order. These documents are on file in the Town Clerk’s office.
ACTION BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY: Public Hearing will be hosted both in a
virtual format, using Zoom.us at Avon.org, and in person at Avon Town Hall – 100 Mikaela Way, Avon, Colorado.
Town Council acting as the Local Liquor Licensing Authority is asked to consider the liquor license application for
the following new Hotel & Restaurant (City) Liquor License:
Applicant: Mezzo, LLC d/b/a Fattoria
Location: 48 East Beaver Creek Boulevard, Units #105, 106, 107 & 108
Type: Hotel & Restaurant (City) Liquor License
Owners: Noah Bender & James Pavelich
Action: Resolution No. 21-02
BACKGROUND: Attached is the “Report of Findings” for this application, which was submitted by the applicant
on May 19, 2021. The Town Clerk and Town Special Counsel have reviewed the application for complete
information and public notice was posted on the premises, Town website, and published in the Vail Daily as
documented in the report of findings. A background investigation has been completed by the Avon Police
Department and Colorado Bureau of Investigations. Report is on file with the Clerk and a copy will be provided
separately to the Liquor Authority Board.
These premises were previously licensed, which license expired on December 12, 2020.
FINDINGS: The information in the report addresses how the applicant has met the criteria outlined in Section
5.08 Liquor Licenses of the Avon Municipal Code and the State Liquor and Beer Code. The report indicates that
the applicant has the burden of proving he is qualified to hold the license. The applicant also has the burden of
proving that the reasonable requirements of the neighborhood and the desires of the community require the
granting of the license. A petition survey has been submitted; this information will assist in the determination of
the “desires & needs of the neighborhood”. It is noted that the petition, with 51 signatures, shows 100% favor for
this type of license in this neighborhood.
The applicant has submitted a diagram of the premises. The owner has been notified and will attend the meeting.
The application fees for the liquor licensing have been submitted for both the Town and State of Colorado. If the
Authority decides to approve the application, a resolution is attached, which if adopted takes this action.
A motion granting the application is proposed below. If the Authority is considering denial for grounds, the matter
should be set for additional hearing at which time those grounds may be answered by the applicant.
Page 2 btorres@avon.org
PROPOSED MOTION: “I move to approve (or deny based upon statutory grounds for denial) Liquor
Licensing Authority Resolution 21-02 Approving the application of Mezzo, LLC d/b/a Fattoria for a New
Hotel and Restaurant (City) Liquor License.”
Thank you, Brenda
NEW LIQUOR LICENSE APPLICATION ATTACHMENTS:
The Applicant for the new liquor license has submitted the following materials:
Attachment A: Colorado Liquor Retail License Application (State form DR 8404)
Attachment B: Diagram of Premises
Attachment C: Report of Findings
Attachment D: Resolution No. 21-02, Approving the Application of Mezzo, LLC d/b/a Fattoria for a
New Hotel and Restaurant (City) Liquor License
The following documents as part of the application submittal are on file at the Town Clerk’s offi ce:
Lease Agreement
Articles of Organization
Certificate of Good Standing
Individual History Record & Background check reports from Avon Police Department & CBI
Petition to Avon Liquor Licensing Authority
ADDENDUM TO MEMO FOR NEW LIQUOR LICENSE APPLICATIONS:
Background on the Role of Liquor Licensing Authority in Consideration of New Licenses:
The Avon Town Council acting as the Local Liquor Licensing Authority has the duty to conduct hearings
and make findings of fact as to whether to grant or deny a new local liquor license. The State Licensing
Authority cannot grant or issue any "new license" until the Authority has first approved the application by
conducting a hearing for such license. If the Authority denies the application, the Executive Director of the
State of Colorado cannot override its decision. If the Authority approves a license, the State Licensing
Authority cannot refuse to issue the license except upon hearing with a 15 -day notice to the applicant and
the Authority. Once the state license is received by the Town Clerk's Office and the Certificate of
Occupancy has been received from the Building Department, the Town and State licenses can be issued.
The Town Clerk, Town Attorney and Police Department handle the review of the liquor license applications
administratively. A “Report of Findings” is completed by the Town Clerk & provided the applicants five days prior to
the hearing. The Authority members are provided the application materials when it appears on the Liquor Board
Agenda. A public hearing is conducted for all new applications. The Local Authority’s decision is usually given at
the conclusion of the hearing although it may be delayed. The decision must be given in writing within 30 days
after the date of the hearing and may follow in the form of a resolution. The motion to approve or disapprove
should be explicit stating the exact reasons for denial or approval. A motion to deny a license must be based
on evidence presented at the hearing.
Page 3 btorres@avon.org
The Liquor Code of Colorado provides that in making any decision, the Local Licensing Authority must consider the
following before approving or denying the application:
▪ Facts & evidence resulting from the investigation & any facts brought to the attention of the Authority.
▪ The reasonable requirements of the neighborhood
▪ The desires of the inhabitants of the neighborhood.
▪ The number, type & availability of liquor outlets located in or near the neighborhood under
consideration.
▪ Any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of
business proposed.
Requests for licenses may be denied for various reasons such as the applicant is not of good moral character,
the applicant's character, record, or reputation is unsatisfactory, or the proposed outlet is within 500 feet of any
school.
ATTACHMENT A
ATTACHMENT B
LOCAL LIQUOR LICENSING AUTHORITY
TOWN OF AVON, COLORADO
Report of Findings FattoriaTown of Avon
Page 1 of 2
RE THE APPLICATION OF )
MEZZO, LLC D/B/A
FATTORIA )
REPORT OF FINDINGS
48 E BEAVER CREEK BLVD SUITES 105, 106, 107 AND 108 )
AVON, COLORADO )
FOR A NEW HOTEL & RESTAURANT (CITY) LIQUOR LICENSE )
TO: THE APPLICANT ABOVE AND OTHER INTERESTED PARTIES
SUBMITTED BY: BRENDA TORRES, TOWN CLERK, TOWN OF AVON
DATE: JUNE 11, 2021
PURSUANT to the Statutes of the State of Colorado, the Ordinances of the Town of Avon, and
the Rules and Procedures of the Local Licensing Authority, the applicants are hereby advised that with
regard to the application for a Hotel & Restaurant Liquor License filed with the Town Clerk’s Office on
May 19, 2021, an investigation has been made, and the Report of Findings is as follows:
1.The location of the new establishment, Mezzo LLC d/b/a Fattoria is 48 E Beaver Creek Blvd Suites
105, 106, 107 and 108, Avon, Colorado.
2.From evidence submitted, the applicant is entitled to possession of the premises as documented
by a “Lease Agreement” with a commencement date of May 1, 2021 and executed between the
applicant and The Ark LLC. The applicant has submitted a diagram of the premises showing the
floor plan of the building. The premise is approximately 3,600 square feet in size.
3.The operation of a business and sale of liquor in this the proposed location is in an area
permitted under the applicable zoning laws of the Town of Avon. The applicant is not required
to obtain a license until the business is established. Noah Bend er, however, has been well
established with the Town for his other business Southside Benderz. Their sales tax and business
licenses are paid and renewed in a timel y manner every month.
4.The proposed building in which the liquor is to be sold is not located within 500' of any public or
parochial school or the principal campus of any college, university or seminary.
5.The appropriate documents, i.e. individual history rec ords & fingerprints, required to conduct
the background investigation were submitted to the Colorado Bureau of Investigation (“CBI”)
and Avon Police Department. The results will be provided to the Liquor Authority Board. The
final background report from CBI has been received. See below for name of applicant:
Title Name Address Telephone
Owner
Owner
Noah Bender
James Pavelich
PO Box 99
Vail, CO 81658
PO Box 99
Vail, CO 81658
(603) 545-8375
(603) 545-8375
ATTACHMENT C
LOCAL LIQUOR LICENSING AUTHORITY
TOWN OF AVON, COLORADO
Report of Findings FattoriaTown of Avon
Page 2 of 2
6. The applicant has submitted the appropriate application fees to the Town Clerk for co sts
associated with a new Concurrent Review application. If the H&R License is approved by Avon’s
Local Liquor Authority, the appropriate executed paperwork will be forwarded to the L iquor
Enforcement Division for its approval and issuance of the State lic ense. Upon receipt of the
State License, the Town Clerk will issue the town license to the owners.
7. The public hearing on this application will be held by a Hybrid meeting, virtually via Zoom.us and
in person on Avon Town Hall, 100 Mikaela Way, on June 22, 2021 at 5:00 p.m. Public Notice was
given regarding said application and scheduled hearing date and was published in the Vail Daily
on June 14, 2021 and posted on premises of the proposed location at least ten days prior to the
hearing. At said hearing, the applicant shall have an opportunity to be heard regarding all
matters related to the application, including all matters se t forth herein. The applicant has
agreed to be present at the virtual hearing.
8. The “neighborhood” has been established by the Avon Liquor Licensing Authority with the
adoption of Resolution No. 04-04 on November 23, 2004, defining it as “the neighborhood to be
served by any applicant for liquor license of any kind shall be the Town of Avon, including
residents of the Town, persons working in the Town and visitors to the Town”.
9. At the public hearing, the applicant has the burden of proving that he is qualified to hold the
license applied for, and that his character, record and reputation are satisfactory. The applicant
also has the burden of providing prima facie evidence of neighborhood need for the license
requested, which he may do with presentation of petitions, remonstrances, or otherwise. The
applicant filed the petition that shows unanimous support for this “Hotel and Restaurant Liquor
License” in this location with a total of 51 signatures.
10. The applicant is advised to obtain and read a copy of the State of Colorado Liquor and Beer
Codes and Regulations and the Town Code Section on Liquor Licenses (Title 5, Chapter 5.08).
These regulations can be found on the foll owing websites:
https://www.colorado.gov/pacific/enforcement/liquor
https://library.municode.com/co/avon/codes/home_rule_charter_and_code?nodeId=CD_TIT5BUT
ALIRE_CH5.08LILI
E-mailed on June 14, 2021.
LIQUOR LICENSING AUTHORITY
TOWN OF AVON
RESOLUTION 21-02
A Resolution Approving the Application of Mezzo, LLC d/b/a
Fattoria for a New Hotel and Restaurant (City) Liquor License
WHEREAS, on May 19, 2021, the Liquor Licensing Authority of the Town of Avon (“the Authority”) did
receive and consider the application of Fattoria, whose mailing address is PO Box 99, Vail, Colorado, for a
new Hotel and Restaurant (City) License located at 48 E Beaver Creek Blvd #105, 106, 107, and 108, Avon,
Colorado; and
WHEREAS, the Authority finds that Notice of Application was published in the Vail Daily on June 14,
2021 and proof of publication by the publisher of the Vail Daily was received; and
WHEREAS, the Authority finds that the application was in proper form and accompanied by the
necessary supplementary evidentiary matter required by law, the regulations of the State of Colorado and
the Authority; and
WHEREAS, the application was supported by the applicant’s presentation to the Authority and by a
petition containing 51 signatures in favor; and
WHEREAS, the neighborhood to be served by the proposed licensee has been determined to be the
Town of Avon, including residents of the Town, persons working in the Town and visitors to the Town as
stated in TC Resolution No. 04-04 adopted on November 23, 2004.
NOW, THEREFORE, THE LIQUOR LICENSING AUTHORITY OF THE TOWN OF AVON DO ES FIND:
1.The applicant is of good moral character and reputation.
2.The neighborhood to be served by the applicant is the Town of Avon, including residents of the Town,
persons working in the Town and visitors to the Town.
3.There does exist a reasonable requirement in such neighborhood for the type of license for w hich
application is made.
4.The adult inhabitants of the Town desire that the license be granted.
ADOPTED THIS JUNE 22, 2021 BY THE LOCAL LIQUOR AUTHORITY.
TOWN OF AVON, COLORADO
______________________________ __________________________
Sarah Smith Hymes, Chairman Brenda Torres, Secretary
ATTACHMENT D
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, JUNE 08, 2021
SETUP AS A HYBRID MEETING (BOTH IN PERSON & VIA ZOOM)
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in person, as well as in a virtual format, using Zoom.us. Chairwoman Smith Hymes
called the meeting to order at 5:00 p.m. A roll call was taken and Board members present were Amy Phillips,
Scott Prince, Lindsay Hardy, Tamra Underwood, RJ Andrade and Chico Thuon. Also present were Town
Manager Eric Heil, Town Attorney Paul Wisor, Police Chief Greg Daly, Public Works Director Gary Padilla,
Mobility Director Eva Wilson, Executive Assistant to the Town Manager Ineke de Jong, and Secretary Brenda
Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:01:08
Board member Underwood moved to approve the agenda as presented. Vice Chairwoman Phillips seconded
the motion and the motion passed unanimously.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:01:31
No conflicts of interest were disclosed.
4. PUBLIC COMMENT – COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Video Start Time: 00:01:41
Chairwoman Smith Hymes asked for public comments by anyone present in person, then asked for any virtual
public comment by anyone via video/audio, via phone or via email.
No public comments were made.
5. TEMPORARY MODIFICATION OF PREMISES
Video Start Time: 00:02:12
5.1. APPLICANT: BOB’S PLACE LLC D/B/A BOB’S PLACE
LOCATION: 100 WEST BEAVER CREEK BOULEVARD
TYPE: TEMPORARY MODIFICATION OF PREMISES (HOTEL & RESTAURANT (CITY))
MANAGER: ROBERT K. DOYLE
Sarah Springer was present and answered questions from Board members.
Board member Thuon moved to approve the temporary modification of premises application made by Bob’s
Place LLC d/b/a Bob’s Place. Vice Chairwoman Phillips seconded the motion and the motion passed
unanimously.
6. LIQUOR LICENSE RENEWAL
Video Start Time: 00:06:06
6.1. APPLICANT: YERF LLC D/B/A TICINO ITALIAN RESTAURANT
LOCATION: 100 WEST BEAVER CREEK BOULEVARD, UNIT 127
TYPE: HOTEL & RESTAURANT (CITY)
MANAGER: CHARLES FREY
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, JUNE 08, 2021
SETUP AS A HYBRID MEETING (BOTH IN PERSON & VIA ZOOM)
Special Counsel Elizabeth Pierce Durance explained that the lease is ending in September for Ticino. The owner
present, Charles Frey, explained that the owner of the builing is selling the property and does not wish to
renew the lease. Charles Frey is waiting to see if someone purchases the property to decide whether they will
relocate or not.
Board member Thuon moved to approve the liquor license renewal application for Yerf LLC d/b/a Ticino Italian
Restaurant. Vice Chairwoman Phillips seconded the motion and the motion passed unanimously.
7. SPECIAL EVENTS LIQUOR PERMIT
Video Start Time: 00:09:49
7.1. APPLICANT NAME: BRAVO! VAIL MUSIC FESTIVAL
EVENT: LINDA & MITCH HART SOIRÉE SERIES – AL FRESCO 2021
DATE AND TIME: JUNE 28, 2021 11:00 AM – 11:00 PM
LOCATION: 108 PRIMROSE, MOUNTAIN STAR
TYPE: SPECIAL EVENT LIQUOR PERMIT
MANAGER: EMILY BLOCK
Jason Denhart was present and answered several questions from Board members.
Board member Thuon moved to approve the special events permit application for the Linda & Mitch Hart
Soirée Series – Al Fresco 2021 special event on June 28, 2021. Chairwoman Phillips seconded the motion and
the motion passed unanimously.
8. APPROVAL OF THE MINUTES FROM MAY 25, 2021 MEETING
Video Start Time: 00:12:38
Board member Prince moved to approve the minutes from the May 25, 2021 Liquor Licensing Authority
Meeting. Board member Underwood seconded the motion and the motion passed unanimously.
9. WRITTEN REPORT
9.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS
10. ADJOURNMENT
The Avon Liquor Authority meeting adjourned at 5:13 p.m.
These minutes are only a summary of the proceedings of the Local Liquor Licensing Authority meeting. They are
not intended to be comprehensive or to include each statement, person speaking or to portray with complete
accuracy. The most accurate records of the meeting are the audio of the meeting, which is housed in the Town
Clerk' s office, and the video of the meeting, which is available at www.highfivemedia.org.
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, JUNE 08, 2021
SETUP AS A HYBRID MEETING (BOTH IN PERSON & VIA ZOOM)
RESPECTFULLY SUBMITTED:
____________________________________
Brenda Torres, Secretary
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips
Chico Thuon
Scott Prince
Tamra Underwood
Lindsay Hardy
RJ Andrade
(970) 748-4001 btorres@avon.org
AVON LIQUOR LICENSING AUTHORITY
WRITTEN REPORT
To: Avon Liquor Licensing Authority
From: Brenda Torres, Liquor Licensing Authority Secretary
Date: June 14, 2021
Topic: REPORT ON RECENT LIQUOR LICENSE RENEWALS
SUMMARY: The Town’s local liquor licensing regulations allow for administrative review and approval of
routine liquor license applications, including: (1) Renewals, (2) Modification of Ownership, (3) Modification of
Managers, and (4) Special Event Permits for events already approved by the Town Council. Requirements for
administrative approval include that the application is complete, there is no new criminal activity on the
background and there are no liquor code violations during the last year. Renewals require notice to be posted
for seven days and Special Event Permits for ten days and require the Town Clerk to accept comments and/or
requests for a public hearing before the Avon Town Council. In all cases, the Town Clerk has the discretion to
refer the application to the Avon Town Council.
The Town Clerk is required to report administrative approvals, which is the reason for this written report. Dating
back to June 08, 2021, the Town has received one Renewal Application that has met all the requirements for
administrative review and approval and was ultimately approved by the Town Clerk. No comments, complaints,
or request for hearings were received. It is as follows:
Renewals:
Applicant: China Garden Inc d/b/a China Garden
Location: 100 W Beaver Creek Blvd. Suite 125
Type: Hotel and Restaurant (City)
Manager: Juan Carlos Hernandez
(970) 748-4049 gdaly@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Greg Daly, Chief of Police
RE: Avon Police 2020 Annual Report to include a Six-Month Update
DATE: May 11, 2021
SUMMARY: Madam Mayor and Members of Avon Town Council, it is my pleasure to present the 2020
Avon Police Department Annual Report to include a six-month update since the last six-month report in
November 2020. This report showcases the excellent professional police services that the men and women
of the department deliver to our community 24 hours each day, 365 days a year. It highlights the leadership
that the men and women take in many community outreach endeavors and it also highlights the amazing
collaboration we share with our partners in law enforcement, the fire service, emergency medical services,
medical and behavioral health.
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Subjects in this report include:
• Department Overview (page 2)
• Administration of the Department (page 3)
• A recap of significant 2020 department events/ activity to include activity since last six-month report
11 November 2020: (page 3)
• Community Policing/Engagement Projects and Involvement (page 7)
• Activity since Nov 2020 (page 9)
• Stolen vehicles update (page 11)
• 2020 Senate Bill 217 (page 12)
• Avon PD Org Chart (page 16)
• Avon PD 2020 Annual Use of Force Chart (page 17)
• Professional standards/internal affairs investigations (page 18)
• 2020 Annual Reporting of Crime and Traffic Statistics (page 18)
• Crime/ Traffic Statistics and Calls for Service (page 20)
• Avon Police Department Response Times (page 23)
• Alcohol Drug related crimes (page 25)
• Arrests (page 25)
• Property Crimes (page 26)
• Crimes against persons (page 28)
• Traffic crashes (page 31)
• Traffic enforcement (page 31)
• Ethnicity of traffic contacts (page 32)
DEPARTMENT OVERVIEW: The Avon Police Department (APD) is a full-service municipal law
enforcement agency responsible to protect and serve the citizens, residents, and guests of the Town of
Avon 24/7, with an official population of 6,447, (2010 U.S Census) rising to an estimated 10,000 seasonal
population.
The Department consists of twenty (20) sworn police officers, one (1) part time police sergeant, two (2)
non-sworn administrative employees, one (1) part time non-sworn administrative employee and one (1) part
time seasonal (Summer) non-sworn community response officer/ranger. We are approved a second
CRO/ranger position and are currently trying to recruit.
Avon Police employees focus our collective attention on the Department’s Mission Statement “We serve to
better our community”, to our motto of “Count on Us” and to our Departmental Goals on a day-to-day basis
to ensure the safety and security of residents and visitors in our community.
We operate under our Oath of Honor and follow our core values of:
Benevolence (We are kind, compassionate and treat all with dignity and respect)
Unity (We are guardians and peacekeepers of our community)
Improvement (We constantly seek to improve ourselves individually and as a team)
Leadership (We inspire others through our actions and words)
Dedication (We are committed to our victims, to our community and to each other)
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Our departmental main focuses are:
Be a trusted community public service agency for our citizens/ residents and guests, trusting that
when they reach out to us or when they are contacted by us, they will be respected for their
diversity and we will respect their constitutional rights.
Respond to 911 citizen/resident/guest’s emergency calls in a safe and timely manner.
Professionally investigate crimes, prepare high level criminal prosecutions for the District Attorney
Office or for the Town Prosecutor and seek justice and healing for our victims.
Continue to enhance traffic safety. Seek behavioral change through educational interventions/
warnings but issue tickets/summons to those who egregiously disrespect community values/ laws
or to repeat offenders who did not change behavior from a previous warning.
Through our patrol presence in our neighborhoods, on our streets and in our business districts
deter criminal activity.
Seek every opportunity to outreach to our community through as many community events that we
can manage.
Have a school resource presence as much as possible in our elementary school to foster a sense
of safety, security, and trust with our children.
The men and women of the Avon Police Department sincerely
appreciate the continued support of the Avon Town Council and Town
Manager for the police department and for their continued commitment
to the public safety of our citizens, residents, and guests.
ADMINISTRATION OF THE DEPARTMENT: The Avon Police Department is led by Police Chief Greg
Daly and Deputy Chief Coby Cosper. There are five front line supervisors; four Patrol Sergeants and a
Detective Sergeant. Each Patrol Sergeant oversees three (3) police officers when fully staffed. The twelve
(12) Patrol Officers and four (4) Patrol Sergeants work 11.5-hour shifts. The Detective Sergeant supervises
a detective, and they collectively investigate major crimes, narcotic investigations and manage major
programs such as police training. The part time sergeant has multiple responsibilities to include firearms
range master, defensive tactics instructor, recruitment backgrounds, department in service and SWAT
training and special event coordination.
A RECAP OF SIGNIFICANT 2020 DEPARTMENT EVENTS/ ACTIVITY TO INCLUDE ACTIVITY SINCE
LAST SIX-MONTH REPORT 11 NOVEMBER 2020:
During the current COVID-19 pandemic, the Avon PD team has ensured continuity of
operations, protecting, and serving our citizens, residents, and guests. The police
department building has remained open throughout the crisis in order to provide a sense of
normalcy to those that we serve. The police officers and administrative service officers have
adapted to the ever-changing environment whilst maintaining sufficent staff in the office and on the
streets. During the first few months of the pandemic, nighttime officers turned on their solid cruise lights while on patrol at night to show presence and offer some comfort during those
tense and uncertain times. We have been working collaboratively with all Town of Avon
Departments, with Eagle County Public Health, with Eagle River Fire, Eagle County Paramedic
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Services, partner Law Enforcement agencies and with local medical care facilities throughout this
crisis.
Throughout the pandemic, Deputy Chief Cosper has been part of the Eagle County
Emergency Operations Center managing the Emergency Support Function 13 (ESF13), law
enforcement/ public safety, keeping all law enforcement leaders updated on public health order
changes, formulating and ensuring the dispersion of personal protective equipment to all law
enforcement in the county, communicating with our EMS and Fire Department partners and
updating standard operating procedures for police officers responding to routine calls and how to
respond to suspected COVID-19 cases. In addition, as part of the preparation for COVID-19 crisis,
Deputy Chief Cosper completed a Town of Avon continuity of operations plan for Town
governance.
Sgt. Jamison regularly instructs “Alive at 25” youth driver education trainings at the police
department. The training is funded by a CDOT grant.
We completed a climate action evaluation with Kim Schlaepfer, Project Manager with the
Climate Action Collaborative at the Walking Mountains Science Center. As a result, we
introduced composting into the police department and improved upon our recycling program. The
physical building, as a recently constructed building is pretty energy efficient with attendance
lighting controls. The Town of Avon purchased a Ford Inceptor Hybrid to replace our previous
Toyota Hybrid. We purchased the Ford as a potential replacement to the heavier, less gas and
carbon efficient Chevy Tahoe’s. The Ford has performed very well in terms of road holding, ability
to get through our worst snowstorm conditions, economical and carbon reduced idling and its
space capacity for all of the emergency response equipment that we carry. We await three (3)
additional Ford Hybrid Interceptor police vehicles replacing our patrol Chevy Tahoe’s.
Avon PD has nine (10) military veterans currently serving in its ranks. We have two (2) US
Navy veterans, two (2) US Marine Corps veterans and five (6) US Army veterans. We thank
the men and women who have served their country and continue to serve their community. We
celebrated Veterans Day by remembering their service and their brothers and sisters who
sacrificed everything for this amazing country. We also remembered the sacrifice of the families left
behind.
Avon PD as part of the Law Enforcement Immigrant Alliance participated in the Catholic
Charities and Law Enforcement Immigrant Alliance coat drive. Avon PD was a collection
point.
Avon PD participated in the National Drug Take Back program. We were happy to have
participated in this excellent national program, ensuring that prescription drugs don’t make it on the
street and those same drugs don’t end up in our precious watershed.
Avon PD assisted the kids at Avon Elementary on the annual food drive.
Avon PD continues as a nationally accredited agency through the Commission on
Accreditation for Law Enforcement Agencies, Inc. (CALEA®). Less than 1% of law
enforcement agencies in the US are accredited through CALEA. We are the smallest agency in
Colorado to be accredited through CALEA. In 2019 we completed year four of a four-year
accreditation assessment cycle. Under Senior Administrative Services Officer Krista Jaramillo’s
leadership, we were found to be 100% compliant to the Commission standards. The accreditation
reflects all the hard work that the men and women at the Avon Police Department complete 24
hours a day, 365 days a year in service to better our community. We were to attend the national
CALEA conference in Orlando in March 2020, but the conference was cancelled due to the
COVID-19 pandemic. Instead, we attended via zoom and presented before a subcommittee of
national commissioners. We had the opportunity to showcase our community outreach work to the
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committee. The committee voted and approved our reaccreditation to the full commission. Colorado State Patrol Colonel Matt Packard, CALEA commissioner, formally presented the
accreditation certificate at a Town Council meeting. In addition, we are accredited through the
Colorado Association of Chiefs of Police (CACP).
Avon Police were honored to assist with the delivery of Thanksgiving Food packages on
behalf of the Vail Valley Salvation Army.
Avon PD officers and detectives continue to work collaboratively with the Gore Range
Narcotics Interdiction Team (GRANITE) drug task force comprising of Eagle County Sheriff’s
Office and Vail PD task force detectives in apprehending and prosecuting drug dealers out of our
community.
Sgt. Holmstrom continues as a member of the steering committee for the Treetop Forensic
Interview and Child Advocacy center based in Breckenridge for the 5th Judicial District. He
has worked on setting up the center through funding from a variety of governmental sources. The
Town of Avon through the Avon Police Department council approved budget is contributing $5,000
to the program for child forensic interviews. In addition, Avon PD contributes $5,000 to the other
child advocacy center, Riverbridge in Glenwood Springs. We utilize both centers for forensic
interviews for children who have been victim of sexual assault, assault, neglect, or abuse.
The Avon Police Department, in partnership with Vail Resorts, and through an Eagle County
Sheriff’s Inter Governmental Agreement, participated in another great season of the Law
Enforcement Ski Program at Beaver Creek. This program allows officers to ski as police officers
and assist the Sheriff with operations on the mountain during an off duty/secondary work
agreement. The officers are compensated a ski-pass for participating in the program. The season
continues to be very successful with lots of great community interactions and very positive
feedback from ski resort employees.
Chief Greg Daly continues as the board president and actively participates with the Speak Up Reach Out Suicide Prevention Coalition. Chief Daly also participates in the Total Health
Alliance, the Mental Health Advisory Committee to the Eagle County Board of County
Commissioners and serves on the advisory board to Eagle Valley Behavioral Health.
We continue to increase our Facebook social media presence to a current milepost of over
3,400 followers of the Police Department Facebook page.
APD continues to participate in the “Paris” task force seeking countywide cross discipline
collaborative strategies to further the safety and security of our newborn population.
Pastor Nate and Pastor Michael from Calvary Church continue as our departmental chaplains. They provide both religious and secular counselling to our officers dealing with the
stress and trauma of the profession.
Avon PD with our other law enforcement partners have engaged Code 4 Counselling out of
Aurora to provide mental health services both for resiliency and direct counselling services
to our officers. They provide counselling services to officers throughout Eagle County. These
services are currently provided though a state Department of Local Affairs funded grant.
Chief Daly also serves as the vice president of the county wide 800 MHz radio governance
committee, managing the countywide radio system.
Avon Police Department with our partners from the Town of Avon Public Works and Transit, Eagle
River Fire, Vail PD, Colorado State Patrol, Eagle County Paramedics and Vail Communications
center conducted our annual West Wildridge Evacuation exercise in May 2020. We practiced
the alternative evacuation routes west of the subdivision through Forest Service connector
road 717.1B.
Page 6 of 33
The Avon Police Department responded to a dramatic gas line fire at Eaglebend apartment
complex. Avon Police officers bravely evacuated the surrounding buildings, set up incident
command and worked a unified command structure with Eagle River Fire and Xcel energy to
bring the fire and gas leak to a safe and successful conclusion resulting in no fire damage to
structures or injured residents or responders.
The Avon Police Department provided traffic safety and traffic control support to two separate civil
rights marches in Avon. We ensured that the participants enjoyed their constitutional rights to
free speech, while protecting them and other motorists during their marches.
Avon PD officers continue to serve as part of the multi-agency Eagle County Special
Operations Unit (SOU). The SOU team responded to Basalt to assist Basalt PD with an armed
criminal barricade. The party surrendered shortly after the team arrived in the large, armored
rescue vehicle. The team conducted a hostage rescue mission, involving an armed hostage taker,
at the Mountain Stream complex in Eagle Vail in February. The team also assisted the U.S. Secret
Service with protection of Vice President Pence and his family over the Christmas break and during
convoy operations to and from the Eagle County Regional Airport. There was a minimal overtime
cost for the Avon PD officers who participated and we received many thanks from citizens and
guests who noted the team’s presence in Vail Village during the visit.
APD organized and co-hosted with the Eagle County Sheriff’s Office and Vail PD, our annual
countywide active shooter response training and collectively trained nearly 65 officers,
deputies, and Colorado State Troopers. The fire departments and EMS were not able to
participate this year due to wildland fire concerns and ongoing COVID-19 concerns. The training
was predominantly conducted outside at the Colorado National Guard High Altitude Army Training
Site (HAATS) base at the Eagle County Regional Airport. This life saving training has become an
anchor countywide training.
Avon PD had to cancel our four different National Night community parties this year because of the
ongoing COVID-19 concerns.
Avon PD officers participated in a swift water rescue training delivered by technicians from the
Eagle River Fire Protection District.
Officers from the Avon Police Department were honored to be recognized at the
Vail/Eagle/Edwards Tri Rotary Club/Starting Hearts Public Safety Heroes Recognition
banquet for both “Call of the Year” for the “Sebastian” multi-agency search in Eagle and they
also received a unit citation for a Hostage Rescue event at the Mountain Stream condominium
complex on February 29, 2020.
APD completed a sixth successful summer season with a part-time, non-sworn community
response officer (CRO). CRO Lopez helped to educate our community and guests regarding
Nottingham Park rules and etiquette for a more family friendly experience at the beach. The CRO
also assisted with managing the parking plan on the Northside of West Beaver Creek Boulevard.
Officer Recruit Lopez successfully graduated from the police academy and is currently in the field
training program.
APD continues to partner in the Gore Range DUI Task Force. DUI enforcement is a top traffic
safety priority for the men and women of the Avon Police Department.
In October, Chief Daly was honored to receive a “Leadership Excellence” award in the
annual awards ceremony hosted by Colorado Mothers Against Drunk Driving (MADD) and
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the Colorado Department of Transportation for his support of DUI enforcement and for his
eleven DUI arrests in 2019.
Administrative Services Officer Krista Jaramillo continues as the president of the Rocky
Mountain Accreditation Network (RMAN), our regional representative body for law enforcement
CALEA accreditation.
Chief Daly and Sgt. Dammen assisted members of the Federal Bureau of Investigation (FBI)
Hostage Rescue Team (HRT) - Blue Team with training In Routt County, Eagle County and
Garfield County. Due to our relationship with FBI HRT, our Eagle County Special Operations Unit
was able to conduct some helicopter training with the FBI’s Tactical Helicopter Unit while they were
here supporting the tactical team.
Avon Police officers on the Eagle County Special Operations Unit was able to conduct some
further helicopter training with the Colorado National Guard Counter Narcotics Unit.
Avon PD conducted a police bike school for Avon police officers.
Master Police Officer Peck has mentored five other Avon Police officers to take over the
drone program from his very capable hands. They are nearly finished their Federal Aviation
Administration (FAA) Part 107 Exemption training to be able to pilot the drone for emergency use
and occasionally for some very nice Town of Avon scenic footage.
At the request of several Wildridge residents and as an outcome of the Wildridge Survey,
Avon Police Officers have conducted directed traffic control operations in Wildridge,
especially concentrating on Bear Trap Road, O’Neal Spur Park, Old Trail and Wildridge
Road. The vast majority of Wildridge residents have been extremely appreciative of our presence
and our effort to encourage that smaller minority of drivers to slow down and respect their
neighbors.
All twenty (20) of current twenty-one (21) Avon Police Officers have completed a 40-hour
Mental Health Crisis Intervention Training (CIT), a nationally recognized verbal de-escalation
course, whilst also increasing officer’s knowledge and sensitivity to mental health crises.
CIT training is a department priority for all new police officers.
Deputy Chief Cosper also serves as a board member on the 5th Judicial District’s V.A.L.E.
(Victims Assistance and Law Enforcement) board, managing the 5th Judicial District’s
dispersal of funds accrued by the court system in the support of victims.
We had two promotional testing processes for detective and patrol sergeant. Detective Alan
Hernandez and Sergeant Balmore Herrera were our successful top candidates from a very
competitive pool and succeeded through very stressful testing processes. Alan and Bal are
immigrants from Mexico and Honduras and are both bilingual and bicultural.
Community Policing/Engagement Projects and Involvement:
APD continues to participate in the countywide Law Enforcement Immigration Alliance,
furthering relationships with our Latino community. We have been actively involved in this
winter children’s coat drive.
APD officers conducted three internal eight hour concealed weapon and response to active
shooter classes for thirty (30) Town of Avon staff members and some spouses.
Avon Police officers continue to deliver positive police interactions and education to the
children at Avon Elementary. Sergeant Bal Herrera and Officer Colleen Gaspard, our School
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Resource Officers, will continue to provide classes to students, parents and staff at the
Avon Elementary School and continue to have a great working relationship with Principal,
Dana Harrison. Sergeant Herrera and Officer Gaspard perform school resource duties within
their patrol officer shifts as a collateral duty.
Happy Halloween! Avon Police Officers purchased and prepared nearly 400 individual
Halloween bags for Avon children. Officer Andres Sandoval, Sgt. Tyler Churches, Mrs.
Churches and Officer John Mackey stuffed the Halloween themed, Town of Avon recyclable bags
in the week before Halloween. The purchases were aided by a community grant from Walmart.
Officer Sandoval, Officer Mackey (who came in on their days off) and Community Response Officer
Martinez transported the bags in a Town of Avon Public Works truck over to the Avon Elementary
School. Principal Dana Harrison and her staff assisted with the Officers in distributing a Halloween
bag to every kid in their respective classrooms. The officers then went over to the Eagle Bend
apartment complex and met the kids coming off the school bus from Homestake Peak and
distributed a further 40 bags. This was our way of thanking our Avon children, especially with our
children dealing with so many COVID-19 related impacts. If they decided not to trick or treat,
because of COVID-19 concerns, then they have a stuffed Halloween bag from the Avon Police
Department, the Town of Avon and Walmart. The bags contained police stickers, pens, a small
blanket, slime, crayons and an array of Halloween candy. Thank you to Officer Sandoval for
leading this community policing initiative, to Officer Mackey, Sgt. Churches, Mrs. Churches and
Community Response Officer Martinez for making it happen.
APD successfully hosted the 12th Annual Avon Police Citizen’s Academy. We had 9
participants. We hosted the 8th Annual Latino Avon Police Citizen’s Academy with 24
participants. Both academies were hosted in conjunction with other Eagle County Law
Enforcement agencies. Students covered the following topics over the seven weeks of both
academies:
o State of the Police Department & Crime and traffic enforcement in Avon; Crime Scene Investigation
(CSI), participants had a hands-on experience investigating a crime scene
o Firearms Training Simulator (FATS); participants were given computer simulations of shoot or don’t
shoot situations and were required to react as a police officer in compliance with the use of force
policy and also driving police vehicles on a closed controlled course at the Beaver Creek Bear Lot
o Drug Recognition and DUI enforcement; participants learned how to evaluate the sobriety of an
individual and perform tests on an intoxicated person
o S.W.A.T.: participants learned about the Eagle County Special Operations Unit. Self Defense:
participants were taught basic self-defense techniques
o Tour of the Eagle County Combined Courts/Justice Center and they met with District Judge
Dunkelman and Eagle County Victims Advocate Deena Ezzell
o Education lecture on Vail Public Safety Communication Center
o An evening with firearms instructors at Old Town Hall using Simmunition weapons and graduation
Avon PD, other law enforcement and Eagle County Paramedics work in concert with the
Hope Center to Eagle County on crisis calls throughout Eagle County. This program offers
crisis response clinicians who co respond with Eagle County Community Paramedics and Avon PD
officers to the scene and endeavor to stabilize a mental/behavioral health situation in the home
rather than transporting to the emergency room and/or mental health hospital. The first-year
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operations statistics demonstrated a reduction in mental health transports by the Eagle County
Paramedic Services by 78%. These patients have been triaged in their own homes, rather than
been transported to the emergency department and subsequent transport to a mental health
facility. Avon PD as part of our council approved budget provides $19,500 in funding for this
incredibly important mental health resource. In addition, Town Council approved a further $10,000
for 2020 summer counselling for children.
Chief Daly serves as the vice chair on the board of the county wide 800 MHz radio
governance committee, managing the countywide radio system.
Chief Daly sits on the board of the Eagle County First Responders Fund. This is an
organization dedicated to providing financial assistance to first responders when they are in a time
of need.
During the October 27, 2020 Avon Town Council Meeting, Mayor Smith Hymes and Brenda
Torres swore in Officer Shadrach Hines. Mrs. Merling (Wildridge) was presented with the
“Volunteer Baker of the Year” award.
APD hosted our Annual Avon Liquor Licensee meeting on Nov 11. Town Manager Eric Heil,
Town Attorney, Paul Wisor and Town Clerk Brenda Torres were available for questions.
Twenty-two businesses responded to the invitation. Chief Daly and Agent Lisa Maestas,
Colorado Department of Revenue Liquor and Tobacco Enforcement Division provided updated
legal licensee related information.
Chief Daly was recently appointed by Governor Polis and Attorney General Phil Weiser to
the board of the Colorado Police Officers and Standards Training regulatory body for
policing in Colorado.
We celebrated the retirement of Master Police Office Peck after 30 years of service to the
Avon Police Department and the citizens, residents, and guests of Avon.
After a comprehensive hiring process, we successfully hired new police officers Derek Lopez
and Stephanie Villegas. Both Derek and Stephanie are bilingual Spanish speakers. Derek
and Stephanie are currently in the field training program.
In November, Avon PD hosted the last night of 2020 Citizens Police Academy- a seven-week
program educating our community on everything law enforcement related. We had nineteen (19)
community members signed up. The academy was hosted by Avon PD in collaboration with the
Eagle County Sheriff’s Office, Vail PD and Eagle PD. This was our 12th year delivering this
academy. We hosted the 8th annual Latino Academy just before this academy as mentioned in the
previous six-month update.
Avon PD as part of the Eagle County Special Operations SOU training conducted extensive
trainings over the last year in the Old Town Hall Building. The facility provided an excellent
venue to practice lifesaving hostage rescue techniques and tactics.
Avon Police Officers conducted our annual firearms qualifications in the indoor range at the
Colorado Bureau of Investigation in Grand Junction.
Chief Daly participated in a strategic planning meeting with the other board members of the
800 MHZ governing board regarding our collective emergency radio infrastructure in Eagle
County.
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After three years of Chief Daly’s requests/solicitations to the Colorado Department of Transportation (CDOT), CDOT replaced the very old gates (that would not move after large
snowfalls) with a barrier control gate at the Mile Marker (MM)167 east bound on ramp. The
gate reflects the same infrastructure at the MM168 eastbound on ramp. This gate assists Avon PD
and Town of Avon Public Works when we have to shut down eastbound Interstate 70, usually for
substantial motor vehicle collisions on eastbound I-70 between MM169 to MM171.
In December, the Avon Police Department with assistance from Eagle River Fire Engine 7
Company, Eagle County Paramedics and community volunteers hosted a fun drive-thru
“Shop with A Cop” experience for twenty (20) of our local kids. Incorporating COVID safety
practices, APD arranged to have the selected families pull into the police department parking lot
from Buck Creek Rd and exit, onto Swift Gulch. We had DJ Omar Loya spinning some beats and
the crime fighting dog “Mc Gruff” running around making everyone laugh. Santa Claus, Avon Police
Officers, ERF Firefighters, Eagle County Paramedics and other volunteers handed out the gifts to
the children as they arrived. Avon Police Department with partners Vail Police Department
celebrated 18 years of giving back to the local children with Shop with a Cop 2020. The Shop with
a Cop program sponsors children with financial needs, those who are underprivileged, or those
who might benefit from a positive interaction with police. In Avon, the children were chosen by
Principal Harrison and her staff at the Avon Elementary School. The children picked the gifts online
from Walmart and Avon PD picked up the gifts using Avon Public Works trucks. Officers, along with
many volunteers from the community, wrapped all of the gifts. It took a great team effort to ensure
the success of the program and to make it a fun memorable experience for the children. Special
thanks to our Avon PD School Resource Officers Bal Herrera and Colleen Gaspard for planning
and making this event happen. The Avon Police Department would like to thank the following for
sponsoring the 2020 Shop with a Cop event: Town of Avon, U.S. Bank, Eagle River Presbyterian
Church/ Officer Bradley Stamp, Avon Burger King, Avon Pazzo’s Pizza, Polar Star Properties,
Avon Starbucks (East Hurd), Avon Domino’s Pizza, Avon Northside Kitchen, Gondola Pizza, Avon
Bakery, VFW Post 10721, Holy Cross Energy Grant, Walmart- special thanks to Clarissa, Doris
and the online shopping team, the Chavez Family, Town of Avon Public Works, Town of Avon
Transit, Wishes Toy Store, Castaneda’s Mexican Market, Jeff Schiros, Jorge Membrano, Carlos
Solis, DJ Omar, fundraising by the Vail Police Department and numerous anonymous donors that
assisted in making this event an amazing night for all involved!
Master Police Officer Pecks Final Radio Call before Retirement- “Master Police Officer Peck,
we accept your retirement resignation with bittersweet emotion. On one hand, we will miss your
presence and your positive influence on your colleagues and on this department. You have served
with honor and integrity and you have made this department and the Avon Community better with
your service. On the other hand, we are happy that you will now enjoy a new and happy chapter in
your life with your close-knit family. It will be a tough transition because being an Avon Police
officer has been such a huge part of your life for over 30 years. However, you have served for
more years than the average police service and you know that you have made many lives better by
your role as a police officer, here in Avon. You will continue to be part of the Avon PD family. It has
truly been an honor to have served with you. Rest Easy, we have the watch! From the men and
women of the Avon Police Department.”
The Marvelous Mrs. Merling and her husband Joe struck again (in a good way!). The 2019
Avon PD Volunteer “Baker of the Year” provided some delicious home cooking to Avon Police
Officers during in service training days. We don’t think that we deserve this appreciation any more
than our fellow first responders or front-line personnel, but we sure do appreciate the Merling’s
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community spirit and their affection of the men and women who serve 24 hours a day, 365 days a
year. Thank you, Mrs., and Mr. Merling. Avon PD.
Officer Corey Baldwin and Det. Toby Baldwin facilitated a twelve (12) week Hero workout
series. They developed a different weekly workout honoring heroes who are both alive and
deceased. Multiple first responders participated in the workout program.
STOLEN VEHICLES UPDATE
From October 30, 2020, to date there were eleven (11) motor vehicles stolen in Avon. In addition, there
were five (5) vehicles stolen out of Vail and a further fourteen (14) in Unincorporated Eagle County. The
perpetrators unlocked running “puffer” vehicles but also broke into secured locked vehicles. The modus
operandi appeared to steal a vehicle, move it to another location, rifle through the vehicle for any items of
value, dump the vehicle and then steal another. Additionally, there were vehicles stolen in Eagle County
that were dumped in Summit County and in Adams county. Ultimately all of the vehicles stolen in Avon
have been located and recovered. Some of the vehicles have sustained substantial damage.
The perpetrators appeared to be predominantly coming from Adams and Denver counties.
The perpetrators were involved in multiple motor vehicle pursuits with law enforcement in Eagle County,
Garfield County, Moffat County, Jefferson County and in the Adams county area. There were multiple
firearms found during many of the arrests. A suspect was reported to have fired a weapon at a Colorado
State Trooper in the Moffat County Area.
Detectives and Officers from Avon PD, Vail PD, Eagle County Sheriff’s Office, and the Colorado State
Patrol have been working collectively on these cases.
The Avon Police Department conducted forensic investigations on multiple recovered stolen vehicles. In
one case, with the assistance from an Eagle County Sheriff’s Deputy, we were able to obtain a fingerprint
from a cell phone left in one of the stolen vehicles. We submitted the evidence to the Colorado Bureau of
Investigation and got a fingerprint match back to a known offender out of Denver who has multiple similar
charges against him in multiple jurisdictions. In addition, we were able to identify a female offender that was
a co-conspirator in the execution of some of the crimes. She also has multiple similar offenses against her
in a variety of jurisdictions. Avon PD and Vail PD Detectives have been working on comprehensive arrest
warrants for both offenders, invoking the Colorado Organized Crime Act (COCA). COCA cases have a
sentencing enhancer. Both offenders have been arrested on our collective warrants. Two additional
perpetrators were located in Adams County and were charged.
2020 SENATE BILL 217
On June 19, 2020, Governor Jared Polis signed Senate Bill 2020-217 into law. SB 20-217 is known as the
Enhance Law Enforcement Integrity bill. The bill was introduced and passed within a very fast two-week
period. The bill emanated partly as a response to the tragic murder of Floyd George at the hands of
Minneapolis Police Officers. There was a lot of emotion in the passing of the bill and it generally would be
agreed that because of its speed of process, it contains some ambiguous and undefined language that
needs to be corrected.
The Northwest Colorado Council of Governments completed a research document on behalf of its
membership to provide a regional perspective to local policy decisions being made in response to SB20-
Page 12 of 33
217. Some of the discussion referenced in this section is derived from the completed report, “Regional
Impacts to Law Enforcement, SB20-217 Use of Force Bill”. The document was also supported by the
Colorado Department of Local Affairs and the Town of Avon’s insurance carrier, Colorado
Intergovernmental Risk Sharing Agency (CIRSA). The foreword was completed by Jon Stavney, Executive
Director for NWCCOG. The research was completed by Heather Aracelli Coogan, retired Chief of Police for
Littleton, CO.
The bill covered a several important issues involving law enforcement including the revocation
requirements of a peace officers’ certification, use of force and deadly force, prohibited use of choke holds
to subdue or arrest, demographic data collection, removing qualified immunity, peace officer training, duty
to report and to intervene, body worn cameras and prohibited law enforcement actions in response to
protests.
However, for the most part the bill enacts some forward-thinking concepts when it comes to policing in
Colorado and was a first in the United States.
I am glad to report that many aspects of the bill were already incorporated in the Avon Police Department’s
policies, procedures, and training. In fact, we have had to make small subtle changes to comply with some
aspects of the new law.
Our CALEA accreditation had ensured that we had many policies and practices already in place.
There were subtle changes to our use of force policies. The intent of SB217, is to ensure that law
enforcement officers utilize verbal de-escalation and less lethal levels of force before using lethal use of
force. Our Use of Force requirements already required officers to formally report whenever a firearm was
pointed at or used or when a less lethal shotgun or taser was pointed at or used against a person.
Chokeholds are banned for restraint and arrest control situations but can only be used in a lethal force
situation when saving an officer’s life or member of the public.
SB217 requires accountability through the use of bodycamera by July 1st, 2023. The Avon Police
department has had a bodycamera program since 2015. In fact, we were the first law enforcement agency
in Eagle County to issue body cameras to all officers. Bodycameras have been an excellent tool for police
accountability, for evidence capture in the prosecution of criminal cases, for internal training and at times
for internal professional standards investigations. Unlike Vail PD, Eagle County Sheriff’s Office, or the
Colorado State Patrol we did not have in car cameras. However, the Avon Town Council had the vision to
approve in-car camera systems to further increase accountability and transparency in our dealings with our
community. The in-car cameras will be able to capture the initial traffic violation and any and all actions by
offenders as they sit in the rear detainee compartment of our police vehicles during transports to the Avon
Police Department or to the Eagle County Detentions Facility.
The training staff at the Avon Police Department take pride in our ongoing in-service training. We
train on a quarterly basis in every aspect of community policing. We have an annual matrix to ensure that
we cover all Police Officer and Standards Training (POST), CALEA and the Colorado Intergovernmental
Risk Sharing Agency (CIRSA) required trainings to include; de-escalation training, community
policing/community partnership, anti-bias, proper holds and restraints, driving, firearms, arrest
control/defensive tactics, less lethal weapons, CALEA update, legal/ search and seizure updates, all
hazards/ incident command, CPR/first aid, ethics, crisis intervention de-escalation updates, immediate
Page 13 of 33
action response, Truckers against Trafficking, sexual/workplace harassment and response to active
threat/shooter events. This is not an all-inclusive list.
Data collection reporting requirements; Beginning July 1, 2023, the act requires the Division of Criminal
Justice (DCJ) in the Colorado Department of Public Safety to create an annual report of the information that
is reported to the division, aggregated, and broken down by state or local agency that employs peace
officers, along with the underlying data. Each local agency and the Colorado state patrol that employs
peace officers shall report to the division:
• All use of force by its peace officers that results in death or serious bodily injury;
• All instances when a peace officer resigned while under investigation for violating department
policy;
• All data relating to contacts conducted by its peace officers; and
• All data related to the use of an unannounced entry by a peace officer.
The Avon Police Department has been collecting data for all of our traffic stops for years as part of our
CALEA accreditation. We complete an annual report tracking the ethnicity of all of our traffic stops. The
purpose of the report to identify any trends or patterns that would suggest profiling or bias based policing. I
am very happy to report that the Avon Police department does not make traffic stops or pedestrian contacts
based on race, gender, sexual identification, religious belief or ethnicity.
SB217 when passed required law enforcement agencies to immediately begin to capture the ethnicity
information on self-initiated traffic stops and pedestrian contacts with a legal objective to report the ethnicity
of all self-initiated traffic stops and pedestrian contacts to the Colorado State Department of Criminal
Justice. The bill surprised many agencies that had not been accumulating this type of information in the
past. Additionally, the bill did not specify how the information should be collected and ultimately how and in
what format, that information will be submitted to the DCJ starting in July 2023.
Community policing- as documented throughout this report, community policing is the backbone of what
Avon Police Officers do twenty-four (24) hours a day. We conduct comprehensive community outreach
activities throughout the year.
Crisis Intervention Training (CIT)- a priority of the Avon Police Department. 100% of all currently serving
police officers have completed the forty (40) hour crisis intervention training.
Dealing with mental health- APD has made it a priority to identify mental health crises as medical events
and not criminal events. APD was the first agency in Eagle County to say “no” to transporting community
members who were in mental health crisis, in handcuffs in police cars, as was the previous protocol for
mental health transports. We worked collaboratively with our law enforcement, EMS, hospital, and
behavioral health partners and have evolved much better procedures in dealing with mental health crises.
The Avon Police Department was one of the partners in bringing the Eagle Valley Hope Center into
operation into Eagle County. The TOA/PD contributes $19,500 towards their annual operation. We practice
a co-responder model of involving a Hope Center clinician and an Eagle County Community Paramedic at
the earliest juncture on a mental health crisis call. Police Officers are usually the first to be dispatched to an
Page 14 of 33
event and respond to ensure a person is not actively trying to hurt/ kill themselves. We then call in the
clinician and community paramedic as soon as it is safe to do so and conduct a “warm hand off” to their
staff and then we extricate ourselves from the scene unless needed. This new paradigm shift directly ties in
with Avon PD’s values and focuses on treating a person in mental crisis as a medical patient and not as a
criminal. In 2020, Avon police officers responded to;
75 Welfare Checks
4 Mental Health Holds
53 Suicidal calls
62 Calls for Service directly related to Hope Center
13 Calls for Service directly related to Safe2Tell
(Note: there was some cross over between the Hope Center, Safe to Tell, suicidal calls and welfare
checks)
Hiring practices-A lot of the terrible criminal events involving police officers throughout the United States
can be associated with the hiring practices and the culture of those departments. I am glad to report that
the Avon Police Department has very high hiring standards. We are a small department but we find budget
to send a sergeant out of state to interview former employers, friends, family, and next-door neighbors of
prospective employees. We also complete a very comprehensive background integrity interview, a
polygraph, a psychological evaluation by a trained police psychologist, a physical fitness test, a physical, an
oral broad interview and finally a Chief’s interview. This process is very robust to ensure we hire individuals
that are going to fit into and thrive in the values and culture of the Avon Police Department and that of the
Town of Avon community.
Virtual simulator- Avon Police Officers have trained on use of force firearms simulators in the past. We
have trained on the Colorado Bureau of Investigations VITRA 360% simulator in Grand Junction. We have
also borrowed a simulator from both Breckenridge PD and Snowmass Village PD. Town Manager Eric Heil
had an opportunity to train on a borrowed simulator in 2020 and recognized the unique training value of a
simulator. The Avon Town Council with vision, approved the joint purchase of a firearms simulator with the
Eagle County Sheriff’s Office to be permanently mounted in the briefing room at the police department. In
respect to SB217, the simulator creates stress inoculation scenarios for officers so that they make better
use of force decisions. The simulator has verbal de-escalation, less lethal force, and lethal force scenarios
to help officers more accurately analyze a use of force encounter and in turn it aids the officer in
determining the right use of force option for the circumstances presented to them. The simulator will be
used by Avon Police Officers and Eagle County Sheriff’s Deputies on a 24-hour basis. The simulator will be
offered to our partner law enforcement agencies in Eagle County.
Removal of qualified immunity both for officers and for municipalities. The act allows a person who
has a constitutional right secured by the bill of rights of the Colorado constitution that is infringed upon by a
peace officer, to bring a civil action for that violation. A plaintiff who prevails in the lawsuit is entitled to
reasonable attorney fees, and a defendant in an individual suit is entitled to reasonable attorney fees for
defending any frivolous claims. Qualified immunity is no longer a defense to a State civil action. There are
two sides to this argument. There is the argument that says that officers cannot be protected by a shield of
qualified immunity, and if an officer has broken the law, he or she will be personally liable for
costs/damages up to $25,000. The act requires a political subdivision of the state to indemnify its
employees for such a claim; except when the peace officer's employer determines the officer did not act
Page 15 of 33
upon a good faith and there is a reasonable belief that the action was lawful, then the peace officer is
personally liable for five (5) percent of the judgment or $25,000, whichever is less. Unless the judgment is
uncollectible from the officer, then the officer's employer satisfies the whole judgment. A public entity does
not have to indemnify a peace officer if the peace officer was convicted of a criminal violation for the
conduct from which the claim arises. On the other hand, this legislation potentially opens officers up for
frivolous lawsuits and could ultimately decertify that officer from working as a police officer, even if the
officer did not knowingly do wrong. The other effect of this bill is to remove limits from what a town or city
can pay by way of damages and in turn could lead to increased insurance costs. The Colorado State Patrol
(CSP) and the Colorado Bureau of Investigation (CBI) were previously excluded from this legislation
because the fiscal note was not budgeted for. However, CSP and CBI are to be included in an SB217
version 2, currently being legislated in the State Capitol.
The act requires a peace officer to intervene when another officer is using unlawful physical force and
requires the intervening officer to file a report regarding the incident. If a peace officer fails to intervene
when required, the Police Officers and Standards Training Board (P.O.S.T.) shall decertify the officer.
If any peace officer is convicted of or pleads guilty or nolo contendere to a crime involving the
unlawful use or threatened use of physical force or the failure to intervene in another officer's use of
unlawful force or is found civilly liable in either case, the P.O.S.T. board shall permanently revoke the
peace officer's certification. The P.O.S.T. board shall not, under any circumstances, reinstate the peace
officer's certification or grant new certification to the peace officer unless exonerated by a court.
(https://leg.colorado.gov/bills/sb20-217)
Page 16 of 33
Avon Police Department Org Chart 2021
Page 17 of 33
AVON PD 2020 ANNUAL OFFICER USE OF FORCE CHART
Avon Police Officers attend to thousands of calls for service each year, in fact 26,741 in 2020. Avon Police
Officers interact with thousands of persons on an annual basis. Avon PD officers respect all persons and
protect all person’s rights as part of their day-to-day activities. Given the massive number of interactions, I
am glad to report that Avon PD officers rarely have to use force, while detaining or arresting offenders.
Avon Officers are competently trained in verbal de-escalation techniques. In 2020, Avon Officers made 273
arrests, either by the issuance of a summons and subsequently releasing that person or physically placing
that person in custody either to transport that person to the Avon Police Department for processing or for
transport to the Eagle County Detentions Facility for booking. With those statistics in mind, in 2020, Avon
Police Officers used some level of force on thirteen (13) occasions either by using limited physical force, by
pointing their taser or firearm at a subject based on information provided to the officer via our dispatch
center, previous contact interaction with an offender or on view sight of a weapon. There was one neck
complaint by a mental health hold while officers were assisting paramedics to transport the patient for a
mental health evaluation. There was one reported officer injury with a kick to the knee but there were no
further issues reported. Limited soft hands were used in six (6) incidents and weapons were directed in
seven (7) incidents, 6 incidents where firearms were directed and one where a taser was directed.
Number of UOFIncident Report Call TypeSubjects ActionsETOH/Drug/Mental ImpairmentType of Force Used Time of Day# Officer Using Force/# UOF Reports Day of WeekInjury to SuspectInjury to Officer(s)# of Arrests Related to UOFSuspect Race (W, H, B, A, O)Suspect/Subject gender1 2020-000006 Disturbance in Progress Passive Resistance/Defensive Resistance/Psychological Intimidation
Drug/Mental
Impairment Soft Hands 1244 2 Thursday Complaint of Neck Pain None 0 W M
2 2020-000105 Disturbance in Progress Defensive Resistance ETOH Soft Hands 2014 2 Saturday None None 1 H F
3 2020-000169 Domestic Disturbance Passive Resistance/Defensive Resistance/Active Aggression Drug/ETOH Soft Hands 0236 2 Wednesday None Kicked in Left knee 1 H F
4 2020-000215 Stabbing
Suspect reported or suspected to be armed with a dangerous instrument or
deadly weapon ETOH Weapons Directed 2331 1 Saturday None None 1 H M
5 2020-000224 Person with a Gun
Suspect reported or suspected to be armed with a dangerous instrument or
deadly weapon ETOH Weapons Directed 1730 1 Sunday None None 1 B M
6 2020-000327 Person with a Gun
Suspect reported or suspected to be armed with a dangerous instrument or
deadly weapon ETOH Weapons Directed 1224 2 Tuesday None Biohazard Exposure 1 W F
7 2020-000340 Traffic Complaint
Suspect reported or suspected to be armed with a dangerous instrument or
deadly weapon None Weapons Directed 1556 2 Friday None None 0 H M
8 2020-000419 Person with a Gun
Suspect reported or suspected to be armed with a dangerous instrument or
deadly weapon ETOH Weapons Directed 0246 1 Sunday None None 1 H M
9 2020-000437 Disturbance in Progress Aggravated active aggression None Weapons Directed 2300 1 Friday None None 0 W M
10 2020-000439 Restraining Order Violation Passive Resistance/Defensive Resistance ETOH Soft Hands 1758 1 Sunday None None 1 H F
11 2020-000597 Disturbance in Progress Defensive Resistance ETOH Soft Hands 1800 2 Thursday None None 1 W F
12 2020-000599 Suspicious Vehicle Building Search None Weapons Directed 620 1 Saturday None None 1 H M
13 2020-000615 Intoxicated Adult Defensive Resistance/Subject attempting to injure self or commit suicide
Drug
impairment/Me
ntal Health Soft Hands/RIPP System 1738 2 Monday None None 0 H M
Page 18 of 33
PROFESSIONAL STANDARDS/ INTERNAL AFFAIRS INVESTIGATIONS
As previously mentioned, Avon Police Officers conducted 1,770 traffic stops and had thousands of
citizen/resident/guest interactions in 2020. There were three (3) professional standards reviews/complaints
in 2020. The three (3) complaints were internally generated based on patrol vehicle collisions. One collision
involved an officer on an e-bike striking a vehicle in an oncoming lane causing minor damage to that
vehicle. The second collision was a reversing accident in the car wash because the exit bay door was not
opening. The third incident was a rear end collision where our officer was hit from behind on Eastbound
Interstate 70. The first two investigations found that the officers were at fault and were counselled and if
required they completed CIRSA defensive driving training. I am very happy to report that we did not receive
any external citizen/resident/guest complaints in 2020. Avon Police Officers are not perfect but we
endeavor to maintain high professional standards and treat all with dignity and respect their race, gender,
sexual identification, religious beliefs, or ethnicity.
2020 ANNUAL REPORTING OF CRIME AND TRAFFIC STATISTICS
I would again like to preface that the following statistical information should in no way minimize the hurt and
trauma that every victim experiences as the victim of a person or property crime. An increase or decrease
in a particular crime category should not take away from our commitment to seek justice for every victim in
every instance. We continue to believe that our success in keeping crime rates low in Avon is supported by
high visibility patrol, community engagement and trust building with our residents and guests.
The Avon Police Department is committed to “serving to better our community” through reducing crime and
improving traffic/community safety through community partnerships, education, and by enforcement of
laws. This document contains year-to-year historical crime reporting and traffic data, which highlights highs
and lows in activity. There are many variables that contribute to crime and traffic crashes: such as weather,
staffing, training, philosophy, prioritization, special events, population, economy, etc. Secondly, this
memorandum contains 2020 crime/traffic data as compared to 2019 and 2018. Lastly, additional programs
and community projects that the Avon Police Department is currently working on are documented.
YEAR-TO-YEAR CRIME/TRAFFIC REPORTING
The Avon Police Department captures a wide variety of data and statistics for a variety of reasons. Crime
data is sent to the Colorado Bureau of Investigation (CBI) and in turn to the Federal Bureau of Investigation
(FBI) for documentation in the National Incident-Based Reporting System (NIBRS). NIBRS collects data on
forty-six (46) Group A and ten (10) Group B offenses.
Professional Standards Inquiry/ Internal Affairs Case Log
Page 19 of 33
The Avon Police Department compares statistical data against the Annual Benchmark Cities Survey, which
is a nearly two decade long comparative police performance analytics survey. In 1997, a group of police
chiefs from around the country established the benchmark cities survey, which created measurement tools
to help ensure police departments provide the best service possible within their respective communities.
Overland Park Police Department (KS) has taken the lead in compiling the survey results.
The survey, updated annually, provides a range of information about each department. With that
information, the participating agencies can set better goals and objectives, and compare their performance
in the various areas. Thirty (30) law enforcement agencies from throughout the country participate in this
survey including Boulder, Fort Collins, and Lakewood in Colorado. The latest available annual data for this
national survey is 2019 (https://www.opkansas.org/city-services/police-fire-safety/police-special-
services/benchmark-cities-survey/)
Avon Police Department 2010-2020 Activity Statistics
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Total Crimes Reported 786 908 613 667 912 937 740 798 827 668 530
Group A Crimes 368 440 372 313 388 381 320 313 359 201 285
Group B Crimes 418 468 241 354 524 556 420 487 468 426 245
Clearance Rate .43 .48 .59 .44 .40 .50 .49 .43 .51 .48 .46
Total Reports 897 1111 1015 925 912 972 840 901 855 703 662
Calls for Service 14382 16905 16213 13829 16909 16302 16039 22890 20632 20213 26741
Traffic Accidents 170 161 142 174 148 148 159 159 154 155 139
Traffic Accidents
ETOH/Drug
6 8 7 10 12 8 9 7 7 12 5
Total Arrests 334 384 450 435 501 509 379 392 392 345 273
Adult Arrests 291 363 419 413 478 485 358 365 354 318 251
Juvenile Arrests 43 21 31 21 23 24 21 27 38 27 22
Felony Arrests 39 71 88 54 50 66 49 53 71 45 31
Sexual Offenses 6 12 12 4 10 9 7 11 14 7 10
Robbery 1 0 0 0 2 1 0 2 0 0 3
Burglary 28 24 9 11 12 10 13 7 13 1 3
Larceny 149 160 87 129 159 154 133 109 113 83 73
Motor Vehicle Theft 9 4 1 4 6 6 9 7 5 10 10
Assault 48 41 37 36 45 53 47 43 67 47 59
Arson 0 2 1 1 3 1 0 0 0 0 1
Forgery/Counterfeiting 9 5 5 4 9 6 8 3 5 4 2
Fraud 20 17 28 32 27 27 21 27 20 17 17
Vandalism 54 64 51 72 69 76 64 63 65 36 70
Weapon Offense 1 3 4 0 6 4 2 4 6 4 4
Narcotics 41 101 135 15 36 29 15 34 41 26 21
DUI 78 118 89 105 150 156 100 133 108 97 69
Liquor Laws 31 25 23 23 16 20 13 14 15 24 13
Disorderly Conduct 26 30 33 24 19 27 14 20 27 21 19
Domestic Violence 40 41 38 55 37 30 39 33 43 41 31
Traffic Stops 2860 4691 4299 3283 4302 3470 2328 2281 1985 1949 1770
Total Traffic Warnings 1811 3101 2523 2371 3275 2599 1706 1620 1561 1508 1266
Written Traffic Warnings 1170 1463 1378 1423 1299
Traffic Summons
Speeding
Avon
Wildridge
WBC BL
EBC BL
Swift
I 70
782
393
63
15
86
31
7
147
1192
379
31
2
46
7
6
265
961
275
16
3
36
6
13
191
701
118
5
2
9
6
2
85
820
169
14
4
22
5
2
103
615
182
7
13
24
14
2
91
545
244
14
7
11
17
8
169
508
283
15
6
11
15
4
223
309
112
5
1
29
8
2
41
302
118
0
3
14
10
8
67
308
117
1
3
27
2
1
66
Page 20 of 33
Metcalf
Nottingham
22
19
3
17
1
7
3
4
7
7
18
7
2
2
1
5
1
17
1
11
2
14
Safety Belt 86 410 407 365 316 143 115 46 48 35 52
Child Safety Seats 8 3 7 1 5 0 0 2 3 2 5
Criminal Summons
Odor Complaints 0 0 0 0 0 0 0 0 0 0 0
Animal Control Warnings 33 19 12 10 28 58 151 106 119 152 52
Animal Control Summonses 9 6 7 11 3 6 13 3 7 12 4
Wildlife Protection
Ordinance (CFS)
23 11 40 3 29 5 37 6 9 19 15
Wildlife Protection
Ordinance Summonses
0 0 2 0 1 5 0 0 0 0 0
Bear Calls 38 35 131 18 60 26 64 37 49 26 102
Smoking Violation
Summonses
0 0 0 0 0 0 0 0 0 0 0
Smoking Violation
Warnings
0 0 0 0 0 0 0 0 0 0 0
Group A crimes include: Homicide, Kidnapping/Abduction, Robbery, Assault, Arson, Extortion, Burglary,
Larceny/Theft, Motor Vehicle Theft, Counterfeiting, Fraud, Embezzlement, Stolen Property, Vandalism, Drug/Narcotic
Offenses, Sex Offenses, Pornography/Obscene, Gambling Offense, Prostitution, Bribery and Weapon Violations.
Group B crimes include: Bad Checks, Curfew/Loitering, Disorderly Conduct, DUI, Family Offenses, Liquor Law
Violations, Peeping Tom, Runaway and Trespass.
CRIME/TRAFFIC STATISTICS AND CALLS FOR SERVICE
During 2020, the Vail Public Safety Communication Center dispatched 4,274 calls for service (CFS) to the
Avon Police Department (4,996 in 2018 & 4,850 in 2019). Avon officers generated 21,964 self-initiated (SI)
calls for service, which include traffic stops, community policing activities, building checks, foot patrols and
extra patrols as requested by community members. Avon Police Officers conducted 11,037 directed patrols
leading to decreased criminal activity. An additional 223 calls for service were generated in Avon and were
primarily dealt with by the dispatch center. In 2019, Avon officers generated 15,146 self-initiated calls for
service and 15,325 SI CFS in 2018 (these figures include a small number of calls that were handled directly
by the dispatch center)
The 2019 Benchmark Cities Survey shows that the average number of annual calls for service per 1,000
citizens is 451.8 (only includes calls where someone calls dispatch to request police response) Similar
dispatch generated calls for service in Avon have been significantly higher over the last three years at 775
in 2018, 752 in 2019 and 663 in 2020. This indicates that the Avon Police Department is busier than the
average law enforcement agency in citizen 911 and other response requests, which may be an indicator of
public trust. Community members call when they need assistance, whether emergent or not.
In 2020 Avon Police Officers conducted an unprecedented 11,037 directed patrols and 780 traffic
patrol/radar patrols. As compared to 2019, where Avon PD officers conducted 1,872 directed patrols and
950 traffic patrol/radar patrols to reduce crime and increase visibility throughout the Town of Avon, either at
request by a community member or business or through crime deterrence strategies. These directed
patrols included foot patrol in Nottingham Park, traffic enforcement in Wildridge, trail heads in Wildridge and
at the end of Nottingham and parking monitoring in the core. Avon Officers completed 384 hours of foot
patrol. Avon Officers conducted 442 hours of bike patrol.
Page 21 of 33
Avon PD Calls for Service (CFS) are broken out into the majorities of categories used by the Vail Public
Safety Communications Center (Vail Dispatch).
Nature Code 2019 2020
Unknown 911 225 119
Alarm 205 233
Animal Complaint 178 168
Armed Party with
Weapon
3 4
Arrest Generic 11 5
Assault 27 42
Assist 1279 1113
Attempt to Locate 127 56
Bar Check 239 160
Nature Code 2019 2020
Bear Call 26 104
Bicycle Accident 1 0
Bike Patrol 248 394
Bomb Threat 2 0
Shift Briefing 95 215
Burglary 7 5
Business Check 833 735
Chain Law 8 5
Civil Standby/Matters 284 216
Contact 644 358
Construction Incident 1 0
Community Oriented
Policing
280 263
Damage 39 31
Death 1 2
Directed Patrol 3289 11,037
Disturbance 131 133
Intoxicated Party 53 43
Domestic Disturbance 71 77
Drugs 16 11
Drug Task Force 2 2
Evidence Processing 74 58
Fight 14 29
Fingerprints 3 2
Fire 73 63
Fireworks 1 0
Found Property 95 73
Follow Up 1430 1311
Foot Patrol 1254 1024
Found 3 1
Fraud 43 39
Person with a Gun 4 5
CBI Firearms Check 1 0
Harassment 85 100
ID Check Dispute 5 3
Interview 41 21
Investigations 0 0
Juvenile Problem 41 36
Abduction/Kidnapping 3 0
Page 22 of 33
Liquor Violation 0 1
School Lock Down 1 2
Lost Property 134 107
Medical 114 106
Mental Health Hold 11 4
Missing Overdue Party 31 33
Motor Vehicle Accident 395 347
Negative Contact with
Officer
7 14
Noise Complaint 132 190
Open Door/Windows 26 17
Ordinance Violation 29 53
Parking Problem 735 865
Patrol/Radar 1131 780
Prisoner Processing 28 15
Prowler 1 5
Clear/List Person or
Vehicle
18 13
Clear Person or Vehicle 3 3
Recovered Stolen
Property/Vehicle
2 1
REDDI (Report Every
Drunk Driver
Immediately) Report
110 71
Relay 205 165
Restraining Order
Violation
31 25
Road Debris 88 74
Robbery 1 0
Reports 1438 184
Runaway 1 4
Security Checks 112 100
Registered Sex Offender 44 22
Shooting or Shots Fired 2 8
Mud/Rock/Snow Slide 1 0
Special
Assignment/Duty/Patrol
55 74
Suicidal Party 68 53
Suspicious Occurrence 573 578
Traffic Stop 1949 1770
Theft 176 163
Towed Vehicle 25 30
Training 31 120
Traffic Complaint 233 212
Travelers Aid 12 10
Traffic Control 31 26
Trespassing 67 58
Unknown Nature 38 40
Criminal Injury to
Property
32 50
Abandoned Vehicle 21 31
VIN Check 23 26
Walk Through 3 3
Welfare Check 84 75
(970) 748-4049 gdaly@avon.org
AVON POLICE DEPARTMENT RESPONSE TIMES
The Avon Police Department, as part of our annual performance metrics comparison, measures response
times to calls for service. These times are documented and calculated through the Vail Public Safety
Communications Center. Calls for service are broken into four priorities, which are:
Priority 1 & 2: Life or property in immediate threat or just occurred. Units respond immediately, lights and
sirens.
Priority 3: Normal everyday calls for service, needs to be handled in a timely manner.
Priority 4: Calls can be held for a period of time. In practice, Priority 1 and 2 calls are considered life safety
emergent calls and are treated as the same category.
The 2019 Annual Benchmark Cities Survey indicates that the average response time for Priority 1
responses is 5:40 minutes for the thirty (30) agencies surveyed. The survey does not break down Priority 1
or 2 as does the Vail Public Safety Communications Center; however, the Avon Police Department’s 2020
response time for emergency calls (Priority 1 and 2) is 4:32, less than the 5:40 minute survey average.
2018
Priority 1 - 00:00:00
Priority 2 - 00:03:07
Priority 3 - 00:14:16
Priority 4 - 00:08:46
2019
Priority 1 - 00:00:00
Priority 2 - 00:03:50
Priority 3 - 00:15:28
Priority 4 - 00:11:51
775
452
752 663
Avon Calls for
Services
Benchmark
Cities 2019
Dispatched Calls for Service Per 1000 Citizens
Annual Comparison (Calls to dispatch, not
officer initiated)
2018 2019 2020
Page 24 of 33
2020
Priority 1 - 00:03:52
Priority 2 - 00:04:32
Priority 3 - 00:15:29
Priority 4 - 00:12:16
During 2020, total crimes reported were lower as compared to 2019 and 2018.
Prioroty 1 & 2 Priority 3 Priority 4
2018 3:07 14:16 8:46
2019 3:50 15:28 11:51
2020 4:32 15:29 12:16
0:00
2:24
4:48
7:12
9:36
12:00
14:24
16:48
Axis TitleAvon Police Response Times
Annual Comparison
827 855
668 703
530
662
Total Crimes Reported Total Incident Reports
Crime Reporting
Annual Comparison
2018 2019 2020
Page 25 of 33
ALCOHOL/DRUG RELATED CRIMES
The influence of alcohol and/or drugs continue to be significant contributory factors in criminal incidents,
especially in relation to crimes against person’s incidents and driving under the influence cases. Officers
made 69 DUI arrests in 2020. DUI arrests were down as compared to 2019 for a number of reasons;
impact from COVID-19 pandemic- less people out during lockdown periods, bars closed earlier due to
public health order restrictions, bars were not as busy (same reason) and the State DUI enforcement grants
were temporarily on hold at the beginning of the pandemic to reduce police officer’s potential exposures.
DUI related crashes decreased in 2020 to five (5) as compared with twelve (12) in 2019 and seven (7) in
2018. Avon PD narcotic arrests decreased to twenty-one (21) from twenty-six (26) in 2019, and forty-one
(41) in 2018.
ARRESTS
These arrest statistics include full custodial arrests, where the subject is booked into the Eagle County
Detention Facility (ECDF), arrests that are processed at the Avon Police Departments booking area, and
field summons and release arrests for more minor offenses. Due to the prevailing COVID-19 restrictions,
and orders from the Chief Judge of the 5th Judicial District regarding bringing offenders to the Detentions
Facility, Avon Officers attempted to summons and release or process at the Avon Police Department
booking facility on the more minor offenses whenever possible to ensure the officers were within the Town
boundaries as much as possible. In 2020, there was a reduction in arrests to 273 as compared to 345 in
2019 and 392 in 2018. In line with the same decrease, felony arrests decreased from 45 in 2019 to 31 in
2019. Avon Police Officers operated under extraordinary COVID-19 circumstances whereby certain
warrants were not enforced by the Chief Judge’s order to alleviate COVID-19 exposure concerns at the
Eagle County Detention Center and at other county jails around the 5th Judicial District.
41
6
108
5 6 7
26
7
97
4 6 1221
8
69
2 6 5
Narcotics Marijuana DUI DUID DUI Marijuana DUI Crashes
Alcohol/Drugs
Annual Comparison
2018 2019 2020
Page 26 of 33
PROPERTY CRIMES:
Property crimes remain at historic lows. In 2020, theft/larceny cases decreased from 83 to 73. Burglary
significantly saw a slight increase from one (1) to three (3). Vandalism incidents increased significantly from
36 to 70. Avon Police Officers and Detectives worked diligently on a vandalism/ graffiti lead, generating
multiple social media search warrants and were in turn able to arrest and charge a serial graffiti offender in
June 2020. The offender was charged with damage to property on over thirty-four (34) graffiti cases
throughout Eagle County, fourteen (14) that were perpetrated in Avon.
392
71
345
45
273
31
Total Arrests Total Felony Arrests
Arrests
Annual Comparison
2018 2019 2020
13 5
113
20
65
1 4
83
17
36
3 2
73
17
70
Burglary Forgery Theft/Larceny Fraud Vandalism
Property Crimes
Annual Comparison
2018 2019 2020
Page 27 of 33
In comparison to the 2019 Benchmark Cities Survey, the average annual number of burglaries per 1,000
residents was 3. Avon’s rate was 0.46.
In comparison to the 2019 Benchmark Cities Survey, the average annual number of auto thefts per 1,000
residents was 2.2. Avon has seen an average of 1.29 over the last 3 (three) years. We did see increased
auto theft activity in 2020. We had multiple vehicles stolen in Avon and throughout Eagle County. We have
identified multiple perpetrators out of the Metro Area, particularly in Adams County. Two perpetrators have
been charged and we are advancing a Colorado Organized Crime Case against two additional identified
perpetrators (who have extensive criminal histories for similar crimes)
2.02
0.15
3
0.46
Avon Burglary
Rates
Benchmark Cities
2019
Burglary Rates per 1,000 Citizens
Annual Comparison
2018 2019 2020
Page 28 of 33
CRIMES AGAINST PERSONS
Avon had zero robberies in 2018 and 2019 with two robberies in 2020. Reported sex offenses have risen
from 7 to 10. Assaults decreased from 47 to 59. Domestic violence incidents decreased from 41 to 31, but
we did see a higher level of violence within these crimes throughout the pandemic.
In comparison to the 2019 Benchmark Cities Survey, the average annual number of reported domestic
violence incidents per 1,000 residents is 5.0. Avon’s index for 2020 was 4.8.
In comparison to the 2019 Benchmark Cities Survey, the average annual number of reported rape offenses
per 1000 is .49 and sexual offenses (excluding rape) per 1,000 residents is .5. Avon has seen a rate
significantly higher than this average for each of the last three years at 2.17 in 2018, 1.08 in 2019 and 1.55
in 2020.
0.77
2.2
1.551.55
Avon Citation
Average
(including DUI)
Benchmark
Cities 2019
Avon Auto Theft Rate per 1,000 Citizens
Annual Comparison
2018 2019 2020
Page 29 of 33
14
67
43
0
7
47 41
0
10
59
31
3
Sex Offenses Assaults Domestic
Violence
Robbery
Crimes Against Persons
Annual Comparison
2018 2019 2020
6.67
5
6.36
4.81
Avon DV Rates Benchmark Cities
2019
Domestic Violence Rates per 1,000 Citizens
Annual Comparison
2018 2019 2020
Page 30 of 33
The Avon Police Department tracks clearance rates for the most serious crimes. Some crimes have high
solvability rates such as narcotic arrests and assaults, while other crimes like some sexual assaults,
burglaries, and theft have lesser solvability rates. The Avon Police Department has an average clearance
rate that is higher than the Benchmark Cities Survey Part I average.
2.17
1.08
1.55
0.49 0.5
Avon Sexual
Assault Rates
Benchmark Cities
2019 Rape per
1000
Benchmark Cities
2019 Sex assaults
(excluding rape)
Sexual Assaults per 1,000 Citizens
Annual Comparison
2018 2019 2020
0.51 0.48
0.25
0.46
Avon Clearance
Rates
Benchamrk Cities
Average Part I
2019
Crime Clearance Rates
Annual Comparison (Avon rate is average of
Part A crimes which are compared to Part I)
2018 2019 2020
Page 31 of 33
TRAFFIC CRASHES
Traffic Crashes in 2020 were reported at 139, down from 155 in 2019. There were five (5) impaired driving
related accidents, 3.60% of total crashes. Most crashes in Avon occur on Interstate 70, Avon Road, Beaver
Creek Boulevard, Beaver Creek Place, and Metcalf/Nottingham Roads. These are our most traveled
roadways. The 2019 Benchmark Cities Survey indicates that the crash rate for 1,000 citizens annually was
19.2. Factoring this average would equate to 123 (vs 139 in 2020) crashes in Avon annually.
The 2020 injury accidents included:
1 (complaint of injury), 1 (non-incapacitating) out of 27 collisions on I-70.
2 (Incapacitating), 1(complaint of injury), 1(non-incapacitating) out of 36 collisions on Avon Road
1 (complaint of injury) out of 7 on Metcalf/ Nottingham
2 (complaint of injury) out of 5 on Post Blvd
3 (complaint of injury) out of 57 in other locations in Town.
TRAFFIC ENFORCEMENT
In 2020, Avon Police Officers conducted 1,707 traffic stops (1,949 in 2019, 1,985 in 2018). In respect to the
1,707 traffic contacts, Avon Officers issued 308 traffic citations/summonses and 69 DUI arrest summonses.
This enforcement accounts for 22.08 % of all traffic contacts (including DUI) and inversely, we provided
warnings/requests for behavioral change to 77.91% of our traffic contacts. This statistic also reflects our
philosophy of striving to gain behavioral change for priorities like impaired driving, speeding and not
wearing a seat belt. As you can see, the clear majority of traffic contacts end up with a cordial warning and
encouragement to fulfill our collective community social obligation to be safe drivers on our roads for all our
citizens, residents, and guests.
18%
25%
0%
5%5%3%
44%
2020 Traffic Crashes
Interstate 70
Avon Road
Beaver Creek Blvd/Beaver Creek
Place
Metcalf/Nottingham
Wildridge
Post Blvd
Other
Page 32 of 33
2020 Traffic Warnings and Citations
Race/Sex
Warnings (Via E-
citation)
(Adjusted with
demographical
information from
CAD information
for warnings not
issued through
eCitation device)
Citations Total
% of overall traffic
contacts (cites
and warnings)
Caucasian/Male 603 108 711 43.41
Caucasian/Female 319 55 374 22.83
African-
American/Male
40 6 46 2.81
African-
American/Female
6 2 8 0.49
Hispanic/Male 215 91 306 18.68
Hispanic/Female 114 38 152 9.28
Asian/Male 20 4 24 1.46
Asian/Female 3 3 6 0.37
OTHER (M&F) 10 1 11 0.67
TOTAL 1330 308 1638 100
Note: This graphic includes traffic warnings, summonses and citations excluding the 69 summonses issued
for DUI.
The 2020 ethnic breakdown of our traffic stops to include educational warnings and tickets (excluding DUI):
27.96% of our traffic stops were with persons of Hispanic ethnicity; 18.68% Hispanic males and 9.28% Hispanic females. This compares with 49% of our census population who report Hispanic
heritage
43.41% of our traffic stops were with Caucasian males
22.83% of our traffic stops were with Caucasian females
2.81% were with African males
.49% was with African American females
Page 33 of 33
Out of 1,707 traffic contacts there were zero sustained complaints filed regarding unprofessionalism or
bias policing.
The 2020 Benchmark Cities Survey lists the average number of annual traffic citations per 1,000 citizens at
121. This compares with 58 citations per 1,000 citizens in Avon, which is well below the survey data
average.
Thank you, Chief Greg Daly ###
154
309
1561
48155302
1508
35139
308
1266
52
Traffic Crashes Traffic Summons Traffic Warnings Seat Belt
Citations
Traffic Enforcement
Annual Comparison
2018 2019 2020
65
121
62 58
Avon Citation
Average
(including DUI)
Benchmark Cities
2019
Traffic Citations per 1,000 Citizens
Annual Comparison
2018 2019 2020
2020 Annual Report
Serving Avon for 40+ Years!
Our Mission: “We serve to better our community”
“Servimos para mejorar nuestra comunidad”
Our Motto: “Count on Us”
We serve to better our community
Avon Police Department 2020 Organizational Chart
The 2020 Abbreviated Highlights-By the Numbers
26,741 Calls for service-4,274 dispatched calls, 21,964 self-initiated and 217 handled by dispatchers
11,037 directed patrols
530 criminal cases reported
662 incident reports taken with 491 follow up supplement reports
139 traffic accident reports
273 total custodial and summons/release arrests including 31 felony arrests
442 hours on foot patrol
384 hours on bike patrol
69 DUI/impaired driving arrests
1,770 traffic stops-1,299 ended up in an educational warnings, 308 citations/ summons issued
27.96% of our traffic stops were with persons of Hispanic ethnicity; 18.68% Hispanic males and 9.28%
Hispanic females. This compares with 49% of our census population who report Hispanic heritage. 43.41% of
our traffic stops were with Caucasian males. 22.83% of our traffic stops were with Caucasian females. 2.81%
were with African males. .49% was with African American females.
Average 4:32 minutes response time to emergent calls versus 5:40 minutes per 2018 Annual Benchmark
Cities Survey
We serve to better our community
CALEA National Accreditation was awarded in March
2020-We successfully completed the 4th year of new
four (4)-year assessment in September 2019. We then
completed our on-site assessment in October 2019. We
were virtually re-awarded our accreditation in March
2020.
181 Standards
Life, health and safety issues
Critical legal issues
Conditions that reduce risk and high liability
exposure
Assessors inspect police operations
Smallest Agency in Colorado, and only one west
of Denver (except for statewide agencies-
Colorado State Patrol and the Colorado Bureau of
Investigation)
Awarded Colorado Association of Chiefs of Police
Accreditation
AVON PD 2020 ANNUAL OFFICER USE OF FORCE
Avon Police Officers attend to thousands of calls for service each year, in fact 26,741 in 2020. Avon Police Officers interact with
thousands of persons on an annual basis. Avon PD officers respect all persons and protect all person’s rights as part of their day-to-
day activities. Given the massive number of interactions, I am glad to report that Avon PD officers rarely must use force, while
detaining or arresting offenders. Avon Officers are competently trained in verbal de-escalation techniques. In 2020, Avon Officers
made 273 arrests, either by the issuance of a summons and subsequently releasing that person or physically placing that person in
custody either to transport that person to the Avon Police Department for processing or for transport to the Eagle County
Detentions Facility for booking. With those statistics in mind, in 2020, Avon Police Officers used some level of force on thirteen (13)
occasions either by using limited physical force, by pointing their taser or firearm at a subject based on information provided to the
officer via our dispatch center, previous contact interaction with an offender or on view sight of a weapon. There was one neck
complaint by a mental health hold while officers were assisting paramedics to transport the patient for a mental health evaluation.
There was one reported officer injury with a kick to the knee but there were no further issues reported. Limited soft hands were
used in six (6) incidents and weapons were directed in seven (7) incidents, 6 incidents where firearms were directed and one where
a taser was directed.
AVON PD 2020 ANNUAL OFFICER USE OF FORCE CHART
PROFESSIONAL STANDARDS/ INTERNAL AFFAIRS INVESTIGATIONS
As previously mentioned, Avon Police Officers conducted 1,770 traffic stops and had thousands of citizen/resident/guest interactions
in 2020. There were three (3) professional standards reviews/complaints in 2020. The three (3) complaints were internally generated
based on patrol vehicle collisions. One collision involved an officer on an e-bike striking a vehicle in an oncoming lane causing minor
damage to that vehicle. The second collision was a reversing accident in the car wash because the exit bay door was not opening.
The third incident was a rear end collision where our officer was hit from behind on Eastbound Interstate 70. The first two
investigations found that the officers were at fault and were counselled and if required they completed CIRSA defensive driving
training. I am very happy to report that we did not receive any external citizen/resident/guest complaints in 2020. Avon Police
Officers are not perfect, but we endeavor to maintain high professional standards and treat all with dignity and respect their race,
gender, sexual identification, religious beliefs, or ethnicity.
2020 SENATE BILL 217
On June 19, 2020, Governor Jared Polis signed Senate Bill 2020-217 into law. SB 20-217 is known as the Enhance Law Enforcement
Integrity bill. The bill was introduced and passed within a very fast two-week period. The bill emanated partly as a response to the
tragic murder of Floyd George at the hands of Minneapolis Police Officers. There was a lot of emotion in the passing of the bill, and it
generally would be agreed that because of its speed of process, it contains some ambiguous and undefined language that needs to
be corrected.
The Northwest Colorado Council of Governments completed a research document on behalf of its membership to provide a regional
perspective to local policy decisions being made in response to SB20-217. Some of the discussion referenced in this section is derived
from the completed report, “Regional Impacts to Law Enforcement, SB20-217 Use of Force Bill”. The document was also supported
by the Colorado Department of Local Affairs and the Town of Avon’s insurance carrier, Colorado Intergovernmental Risk Sharing
Agency (CIRSA). The foreword was completed by Jon Stavney, Executive Director for NWCCOG. The research was completed by
Heather Aracelli Coogan, retired Chief of Police for Littleton, CO.
The bill covered several important issues involving law enforcement including the revocation requirements of a peace officers’
certification, use of force and deadly force, prohibited use of choke holds to subdue or arrest, demographic data collection,
removing qualified immunity, peace officer training, duty to report and to intervene, body worn cameras and prohibited law
enforcement actions in response to protests.
2020 SENATE BILL 217
However, for the most part the bill enacts some forward-thinking concepts when it comes to policing in Colorado and was a first in
the United States.
I am glad to report that many aspects of the bill were already incorporated in the Avon Police Department’s policies, procedures,
and training. In fact, we have had to make small subtle changes to comply with some aspects of the new law.
Our CALEA accreditation had ensured that we had many policies and practices already in place.
There were subtle changes to our use of force policies.The intent of SB217, is to ensure that law enforcement officers utilize verbal
de-escalation and less lethal levels of force before using lethal use of force. Our Use of Force requirements already required officers
to formally report whenever a firearm was pointed at or used or when a less lethal shotgun or taser was pointed at or used against a
person. Chokeholds are banned for restraint and arrest control situations but can only be used in a lethal force situation when saving
an officer’s life or member of the public.
SB217 requires accountability through the use of bodycamera by July 1st, 2023.The Avon Police department has had a bodycamera
program since 2015. In fact, we were the first law enforcement agency in Eagle County to issue body cameras to all officers.
Bodycameras have been an excellent tool for police accountability, for evidence capture in the prosecution of criminal cases,for
internal training and at times for internal professional standards investigations. Unlike Vail PD, Eagle County Sheriff’s Office, or the
Colorado State Patrol we did not have in car cameras. However, the Avon Town Council had the vision to approve in-car camera
systems to further increase accountability and transparency in our dealings with our community. The in-car cameras will be able to
2020 SENATE BILL 217
The training staff at the Avon Police Department take pride in our ongoing in-service training. We train on a quarterly basis in
every aspect of community policing. We have an annual matrix to ensure that we cover all Police Officer and Standards Training
(POST), CALEA and the Colorado Intergovernmental Risk Sharing Agency (CIRSA) required trainings to include; de-escalation
training, community policing/community partnership, anti-bias, proper holds and restraints, driving, firearms, arrest
control/defensive tactics, less lethal weapons, CALEA update, legal/ search and seizure updates, all hazards/ incident command,
CPR/first aid, ethics, crisis intervention de-escalation updates, immediate action response, Truckers against Trafficking,
sexual/workplace harassment and response to active threat/shooter events. This is not an all-inclusive list.
Data collection reporting requirements; Beginning July 1, 2023, the act requires the Division of Criminal Justice (DCJ) in the Colorado
Department of Public Safety to create an annual report of the information that is reported to the division, aggregated, and broken
down by state or local agency that employs peace officers, along with the underlying data. Each local agency and the Colorado state
patrol that employs peace officers shall report to the division:
•All use of force by its peace officers that results in death or serious bodily injury;
•All instances when a peace officer resigned while under investigation for violating department policy;
•All data relating to contacts conducted by its peace officers; and
•All data related to the use of an unannounced entry by a peace officer.
2020 SENATE BILL 217
The Avon Police Department has been collecting data for all of our traffic stops for years as part of our CALEA accreditation. We
complete an annual report tracking the ethnicity of all of our traffic stops. The purpose of the report to identify any trends or
patterns that would suggest profiling or bias based policing. I am very happy to report that the Avon Police department does not
make traffic stops or pedestrian contacts based on race, gender, sexual identification, religious belief or ethnicity.
SB217 when passed required law enforcement agencies to immediately begin to capture the ethnicity information on self-initiated
traffic stops and pedestrian contacts with a legal objective to report the ethnicity of all self-initiated traffic stops and pedestrian
contacts to the Colorado State Department of Criminal Justice. The bill surprised many agencies that had not been accumulating this
type of information in the past. Additionally, the bill did not specify how the information should be collected and ultimately how and
in what format, that information will be submitted to the DCJ starting in July 2023.
Community policing-as documented throughout this report, community policing is the backbone of what Avon Police Officers do
twenty-four (24) hours a day. We conduct comprehensive community outreach activities throughout the year.
Crisis Intervention Training (CIT)-a priority of the Avon Police Department. 100% of all currently serving police officers have
completed the forty (40) hour crisis intervention training.
2020 SENATE BILL 217
Dealing with mental health-APD has made it a priority to identify mental health crises as medical events and not criminal events.
APD was the first agency in Eagle County to say “no” to transporting community members who were in mental health crisis, in
handcuffs in police cars, as was the previous protocol for mental health transports. We worked collaboratively with our law
enforcement, EMS, hospital, and behavioral health partners and have evolved much better procedures in dealing with mental health
crises. The Avon Police Department was one of the partners in bringing the Eagle Valley Hope Center into operation into Eagle
County. The TOA/PD contributes $19,500 towards their annual operation. We practice a co-responder model of involving a Hope
Center clinician and an Eagle County Community Paramedic at the earliest juncture on a mental health crisis call. Police Officers are
usually the first to be dispatched to an event and respond to ensure a person is not actively trying to hurt/ kill themselves. We then
call in the clinician and community paramedic as soon as it is safe to do so and conduct a “warm hand off” to their staff and then we
extricate ourselves from the scene unless needed. This new paradigm shift directly ties in with Avon PD’s values and focuses on
treating a person in mental crisis as a medical patient and not as a criminal. In 2020, Avon police officers responded to;
75 Welfare Checks , 4 Mental Health Holds
53 Suicidal calls, 62 Calls for Service directly related to Hope Center
13 Calls for Service directly related to Safe2Tell
(Note: there was some cross over between the Hope Center, Safe to Tell, suicidal calls and welfare checks)
2020 SENATE BILL 217
Hiring practices-A lot of the terrible criminal events involving police officers throughout the United States can be associated with
the hiring practices and the culture of those departments. I am glad to report that the Avon Police Department has very high hiring
standards. We are a small department, but we find budget to send a sergeant out of state to interview former employers, friends,
family, and next-door neighbors of prospective employees. We also complete a very comprehensive background integrity interview,
a polygraph, a psychological evaluation by a trained police psychologist, a physical fitness test, a physical, an oral broad interview
and finally a Chief’s interview. This process is very robust to ensure we hire individuals that are going to fit into and thrive in the
values and culture of the Avon Police Department and that of the Town of Avon community.
Virtual simulator-Avon Police Officers have trained on use of force firearms simulators in the past. We have trained on the Colorado
Bureau of Investigations VITRA 360% simulator in Grand Junction. We have also borrowed a simulator from both Breckenridge PD
and Snowmass Village PD. Town Manager Eric Heil had an opportunity to train on a borrowed simulator in 2020 and recognized the
unique training value of a simulator. The Avon Town Council with vision, approved the joint purchase of a firearms simulator with
the Eagle County Sheriff’s Office to be permanently mounted in the briefing room at the police department. In respect to SB217, the
simulator creates stress inoculation scenarios for officers so that they make better use of force decisions. The simulator has verbal
de-escalation, less lethal force, and lethal force scenarios to help officers more accurately analyze a use of force encounter and in
turn it aids the officer in determining the right use of force option for the circumstances presented to them. The simulator will be
used by Avon Police Officers and Eagle County Sheriff’s Deputies on a 24-hour basis. The simulator will be offered to our partner law
enforcement agencies in Eagle County.
2020 SENATE BILL 217
Removal of qualified immunity both for officers and for municipalities-The act allows a person who has a constitutional right
secured by the bill of rights of the Colorado constitution that is infringed upon by a peace officer, to bring a civil action for that
violation. A plaintiff who prevails in the lawsuit is entitled to reasonable attorney fees, and a defendant in an individual suit is
entitled to reasonable attorney fees for defending any frivolous claims. Qualified immunity is no longer a defense to a State civil
action. There are two sides to this argument. There is the argument that says that officers cannot be protected by a shield of
qualified immunity, and if an officer has broken the law, he or she will be personally liable for costs/damages up to $25,000. The act
requires a political subdivision of the state to indemnify its employees for such a claim; except when the peace officer's employer
determines the officer did not act upon a good faith and there is a reasonable belief that the action was lawful, then the peace
officer is personally liable for five (5) percent of the judgment or $25,000, whichever is less. Unless the judgment is uncollectible
from the officer, then the officer's employer satisfies the whole judgment. A public entity does not have to indemnify a peace officer
if the peace officer was convicted of a criminal violation for the conduct from which the claim arises. On the other hand, this
legislation potentially opens officers up for frivolous lawsuits and could ultimately decertify that officer from working as a police
officer, even if the officer did not knowingly do wrong. The other effect of this bill is to remove limits from what a town or city can
pay by way of damages and in turn could lead to increased insurance costs. The Colorado State Patrol (CSP) and the Colorado
Bureau of Investigation (CBI) were previously excluded from this legislation because the fiscal note was not budgeted for. However,
CSP and CBI are to be included in an SB217 version 2, currently being legislated in the State Capitol.
2020 SENATE BILL 217
The act requires a peace officer to intervene when another officer is using unlawful physical force and requires the intervening
officer to file a report regarding the incident. If a peace officer fails to intervene when required, the Police Officers and Standards
Training Board (P.O.S.T.) shall decertify the officer.
If any peace officer is convicted of or pleads guilty or nolo contendere to a crime involving the unlawful use or threatened use of
physical force or the failure to intervene in another officer's use of unlawful force or is found civilly liable in either case, the P.O.S.T.
board shall permanently revoke the peace officer's certification. The P.O.S.T. board shall not, under any circumstances, reinstate the
peace officer's certification or grant new certification to the peace officer unless exonerated by a court.
(https://leg.colorado.gov/bills/sb20-217)
STOLEN VEHICLES UPDATE
From October 30, 2020, to date there were eleven (11) motor vehicles stolen in Avon. In addition, there were five (5) vehicles stolen
out of Vail and a further fourteen (14) in Unincorporated Eagle County. The perpetrators unlocked running “puffer” vehicles but also
broke into secured locked vehicles. The modus operandi appeared to steal a vehicle, move it to another location, rifle through the
vehicle for any items of value, dump the vehicle and then steal another. Additionally, there were vehicles stolen in Eagle County that
were dumped in Summit County and in Adams county. Ultimately all of the vehicles stolen in Avon have been located and recovered.
Some of the vehicles have sustained substantial damage. The perpetrators appeared to be predominantly coming from Adams and
Denver counties.
The perpetrators were involved in multiple motor vehicle pursuits with law enforcement in Eagle County, Garfield County, Moffat
County, Jefferson County and in the Adams county area. There were multiple firearms found during many of the arrests. A suspect
was reported to have fired a weapon at a Colorado State Trooper in the Moffat County Area.
Detectives and Officers from Avon PD, Vail PD, Eagle County Sheriff’s Office, and the Colorado State Patrol have been working
collectively on these cases. The Avon Police Department conducted forensic investigations on multiple recovered stolen vehicles.In
one case, with the assistance from an Eagle County Sheriff’s Deputy, we were able to obtain a fingerprint from a cell phone left in
one of the stolen vehicles. We submitted the evidence to the Colorado Bureau of Investigation and got a fingerprint match back to a
known offender out of Denver who has multiple similar charges against him in multiple jurisdictions. In addition, we were able to
identify a female offender that was a co-conspirator in the execution of some of the crimes. She also has multiple similar offenses
against her in a variety of jurisdictions. Avon PD and Vail PD Detectives have been working on comprehensive arrest warrants for
both offenders, invoking the Colorado Organized Crime Act (COCA). COCA cases have a sentencing enhancer. Both offenders have
been arrested on our collective warrants. Two additional perpetrators were in Adams County and were charged.
The 2019 Abbreviated Highlights
The 2019 Abbreviated Highlights
The 2019 Abbreviated Highlights
The 2019 Abbreviated Highlights
The 2019 Abbreviated Highlights
The 2019 Abbreviated Highlights
The 2019 Abbreviated Highlights
The 2019 Abbreviated Highlights
2020 Highlights
During the current COVID-19 pandemic, the Avon PD team has ensured continuity of operations, protecting, and serving our
citizens, residents, and guests. The police department building has remained open throughout the crisis in order to provide a
sense of normalcy to those that we serve. The police officers and administrative service officers have adapted to the ever-
changing environment whilst maintaining sufficent staff in the office and on the streets. During the first few months of the
pandemic, nighttime officers turned on their solid cruise lights while on patrol at night to show presence and offer some
comfort during those tense and uncertain times. We have been working collaboratively with all Town of Avon Departments,
with Eagle County Public Health, with Eagle River Fire, Eagle County Paramedic Services, partner Law Enforcement agencies
and with local medical care facilities throughout this crisis.
Throughout the pandemic, Deputy Chief Cosper has been part of the Eagle County Emergency Operations Center managing
the Emergency Support Function 13 (ESF13), law enforcement/ public safety, keeping all law enforcement leaders updated
on public health order changes, formulating and ensuring the dispersion of personal protective equipment to all law
enforcement in the county, communicating with our EMS and Fire Department partners and updating standard operating
procedures for police officers responding to routine calls and how to respond to suspected COVID-19 cases. In addition, as
part of the preparation for COVID-19 crisis, Deputy Chief Cosper completed a Town of Avon continuity of operations plan for
Town governance.
Officers from the Avon Police Department were honored to be recognized at the Vail/Eagle/Edwards Tri Rotary Club/Starting
Hearts Public Safety Heroes Recognition banquet for both “Call of the Year” for the “Sebastian” multi-agency search in
Eagle and they also received a unit citation for a Hostage Rescue event at the Mountain Stream condominium complex on
February 29, 2020.
2020 Highlights
Increased our social media presence to include over 3400 followers of the Police Department Facebook page
In 2020, we successfully recruited new three police officers, Lopez, Villegas and Davidson.
Avon Police Officers and Detectives continue to collaborate with the Gore Range Narcotics Interdiction Team (GRANITE)
Successful sixth community resort policing ski patrol program for the 2019-2020 season.
APD with assistance from Public Works and Mobility planned and executed an evacuation exercise for the Wildridge
subdivision. We conducted a mock evacuation on the June Creek/ Berry Creek access road with Town of Avon Public Works
pickup trucks and used an Avon Mobility bus for evacuee transport.
Administrative Services Officer Krista Jaramillo was elected as president of the Rocky Mountain Accreditation Network
(RMAN), our regional PAC for law enforcement CALEA accreditation.
Sgt. Holmstrom continues as a member of the steering committee for the Treetop Forensic Interview and Child Advocacy
center based in Breckenridge for the 5th Judicial District. He has worked on setting up the center through funding from a
variety of governmental sources. The Town of Avon through the Avon Police Department council approved budget is
contributing $5,000 to the program for child forensic interviews. In addition, Avon PD contributes $5,000 to the other child
advocacy center, Riverbridge in Glenwood Springs. We utilize both centers for forensic interviews for children who have
been victim of sexual assault, assault, neglect, or abuse.
2019 Highlights
APD continue to partner in the Eagle County Special Operations Unit and in the Gore Range DUI Task Force.
We continue to participate in the countywide Law Enforcement Immigration Alliance, furthering relationships with our
Latino community.
Avon PD has ten veterans out of 21 officers (two US Navy, two US Marines and six US Army). Our veterans have participated
in various community veteran’s day education activities to include speaking at local schools.
Avon Police officers continue to deliver positive police interactions and education to the children at Avon Elementary.
Officer Colleen Gaspard and Sergeant Bal Herrera have fulfilled the dual roles of police officers and School Resource Officer
liaisons with the Avon Elementary School staff and continue to have a great working relationship with Principal Dana
Harrison.
Avon PD participated in the National Drug Take Back program. We were happy to have participated in this excellent national
program, ensuring that prescription drugs don’t make it on the street and those same drugs don’t end up in our precious
watershed.
Avon Police were honored to assist with the delivery of Thanksgiving Food packages on behalf of the Vail Valley Salvation
Army.
2019 Highlights
APD successfully hosted the 12th Annual Avon Police Citizen’s Academy. We had 9 participants. We hosted the 8th Annual
Latino Avon Police Citizen’s Academy with 24 participants. Both academies were hosted in conjunction with other Eagle
County Law Enforcement agencies.
Chief Greg Daly is the current board president and actively participates with The Speak Up Reach Out Suicide Prevention
Coalition to prevent suicide in Eagle County by providing education, training, and hope. Chief Greg Daly also attends the
Total Health Alliance, is a member of the ten-person Mental Health Advisory Committee, advising the Eagle County Board of
County Commissioners on spending the 1 A funds. He is also on the advisory board to Eagle Valley Behavioral Health.
The Avon Police Department, in partnership with Vail Resorts, and through an Eagle County Sheriff’s Inter Governmental
Agreement, participated in another great season of the Law Enforcement Ski Program at Beaver Creek. This program allows
officers to ski as police officers and assist the Sheriff with operations on the mountain during an off duty/secondary work
agreement. The officers are compensated a ski-pass for participating in the program. The season continues to be very
successful with lots of great community interactions and very positive feedback from ski resort employees.
Avon Police Department with our partners from the Town of Avon Public Works and Transit, Eagle River Fire, Vail PD,
Colorado State Patrol, Eagle County Paramedics and Vail Communications center conducted our annual West Wildridge
Evacuation exercise in May 2020. We practiced the alternative evacuation routes west of the subdivision through Forest
Service connector road 717.1B.
2020 Highlights
Avon PD officers continue to serve as part of the multi-agency Eagle County Special Operations Unit (SOU). The SOU team
responded to Basalt to assist Basalt PD with an armed criminal barricade. The party surrendered shortly after the team
arrived in the large, armored rescue vehicle. The team conducted a hostage rescue mission, involving an armed hostage
taker, at the Mountain Stream complex in Eagle Vail in February. The team also assisted the U.S. Secret Service with
protection of Vice President Pence and his family over the Christmas break and during convoy operations to and from the
Eagle County Regional Airport. There was a minimal overtime cost for the Avon PD officers who participated, and we
received many thanks from citizens and guests who noted the team’s presence in Vail Village during the visit.
APD organized and co-hosted with the Eagle County Sheriff’s Office and Vail PD, our annual countywide active shooter
response training and collectively trained nearly 65 officers, deputies, and Colorado State Troopers. The fire departments
and EMS were not able to participate this year due to wildland fire concerns and ongoing COVID-19 concerns. The training
was predominantly conducted outside at the Colorado National Guard High Altitude Army Training Site (HAATS) base at the
Eagle County Regional Airport. This life saving training has become an anchor countywide training.
APD completed a sixth successful summer season with a part-time, non-sworn community response officer (CRO). CRO
Lopez helped to educate our community and guests regarding Nottingham Park rules and etiquette for a more family
friendly experience at the beach. The CRO also assisted with managing the parking plan on the Northside of West Beaver
Creek Boulevard. Officer Recruit Lopez successfully graduated from the police academy and is currently in the field training
program.
2020 Highlights
Pastor Nate and Pastor Michael from Calvary Church continue as our departmental chaplains. They provide both religious
and secular counselling to our officers dealing with the stress and trauma of the profession. They both were called out as
trauma assistance after the officer involved shooting at Walgreens.
Avon PD with our other law enforcement partners have engaged Code 4 Counselling out of Aurora to provide mental health
services both from the resiliency and direct counselling services to our officers. They visit for two days per month and
provide counselling services to officers throughout Eagle County. These services are currently provided though a state
Department of Local Affairs funded grant.
In October, Chief Daly was honored to receive a “Leadership Excellence” award in the annual awards ceremony hosted by
Colorado Mothers Against Drunk Driving (MADD) and the Colorado Department of Transportation for his support of DUI
enforcement and for his eleven DUI arrests in 2019.
The Avon Police Department responded to a dramatic gas line fire at Eaglebend apartment complex. Avon Police officers
bravely evacuated the surrounding buildings, set up incident command and worked a unified command structure with Eagle
River Fire and Xcel energy to bring the fire and gas leak to a safe and successful conclusion resulting in no fire damage to
structures or injured residents or responders.
2020 Highlights
Chief Daly and Sgt. Dammen assisted members of the Federal Bureau of Investigation (FBI) Hostage Rescue Team (HRT) -
Blue Team with training In Routt County, Eagle County and Garfield County. Due to our relationship with FBI HRT, our Eagle
County Special Operations Unit was able to conduct some helicopter training with the FBI’s Tactical Helicopter Unit while
they were here supporting the tactical team.
Avon Police officers on the Eagle County Special Operations Unit was able to conduct some further helicopter training with
the Colorado National Guard Counter Narcotics Unit.
Avon PD conducted a police bike school for Avon police officers.
All twenty (20) of current twenty-one (21) Avon Police Officers have completed a 40-hour Mental Health Crisis Intervention
Training (CIT), a nationally recognized verbal de-escalation course, whilst also increasing officer’s knowledge and sensitivity
to mental health crises. CIT training is a department priority for all new police officers.
Deputy Chief Cosper also serves as a board member on the 5th Judicial District’s V.A.L.E. (Victims Assistance and Law
Enforcement) board, managing the 5th Judicial District’s dispersal of funds accrued by the court system in the support of
victims.
We had two promotional testing processes for detective and patrol sergeant. Detective Alan Hernandez and Sergeant
Balmore Herrera were our successful top candidates from a very competitive pool and succeeded through very stressful
testing processes. Alan and Bal are immigrants from Mexico and Honduras and are both bilingual and bicultural.
2020 Highlights
Happy Halloween! Avon Police Officers purchased and prepared nearly 400 individual Halloween bags for Avon children.
Officer Andres Sandoval, Sgt. Tyler Churches, Mrs. Churches and Officer John Mackey stuffed the Halloween themed, Town
of Avon recyclable bags in the week before Halloween. The purchases were aided by a community grant from Walmart.
Officer Sandoval, Officer Mackey (who came in on their days off) and Community Response Officer Martinez transported
the bags in a Town of Avon Public Works truck over to the Avon Elementary School. Principal Dana Harrison and her staff
assisted with the Officers in distributing a Halloween bag to every kid in their respective classrooms. The officers then went
over to the Eagle Bend apartment complex and met the kids coming off the school bus from Homestake Peak and
distributed a further 40 bags. This was our way of thanking our Avon children, especially with our children dealing with so
many COVID-19 related impacts. If they decided not to trick or treat, because of COVID-19 concerns, then they have a stuffed
Halloween bag from the Avon Police Department, the Town of Avon and Walmart. The bags contained police stickers, pens,
a small blanket, slime, crayons and an array of Halloween candy. Thank you to Officer Sandoval for leading this community
policing initiative, to Officer Mackey, Sgt. Churches, Mrs. Churches and Community Response Officer Martinez for making it
happen.
Avon PD, other law enforcement and Eagle County Paramedics work in concert with the Hope Center to Eagle County on
crisis calls throughout Eagle County. This program offers crisis response clinicians who co respond with Eagle County
Community Paramedics and Avon PD officers to the scene and endeavor to stabilize a mental/behavioral health situation in
the home rather than transporting to the emergency room and/or mental health hospital. The first-year operations statistics
demonstrated a reduction in mental health transports by the Eagle County Paramedic Services by 78%. These patients have
been triaged in their own homes, rather than been transported to the emergency department and subsequent transport to
a mental health facility. Avon PD as part of our council approved budget provides $19,500 in funding for this incredibly
important mental health resource. Additionally, the Council provided a further $10k for summer counselling in 2020.
2020 Highlights
Chief Daly was appointed by Governor Polis and Attorney General Phil Weiser to the board of the Colorado Police Officers
and Standards Training regulatory body for policing in Colorado.
In December, the Avon Police Department with assistance from Eagle River Fire Engine 7 Company, Eagle County
Paramedics and community volunteers hosted a fun drive-thru “Shop with A Cop” experience for twenty (20) of our local
kids. Incorporating COVID safety practices, APD arranged to have the selected families pull into the police department
parking lot from Buck Creek Rd and exit, onto Swift Gulch. We had DJ Omar Loya spinning some beats and the crime fighting
dog “Mc Gruff” running around making everyone laugh. Santa Claus, Avon Police Officers, ERF Firefighters, Eagle County
Paramedics and other volunteers handed out the gifts to the children as they arrived. Avon Police Department with partners
Vail Police Department celebrated 18 years of giving back to the local children with Shop with a Cop 2020. The Shop with a
Cop program sponsors children with financial needs, those who are underprivileged, or those who might benefit from a
positive interaction with police. In Avon, the children were chosen by Principal Harrison and her staff at the Avon Elementary
School. The children picked the gifts online from Walmart and Avon PD picked up the gifts using Avon Public Works trucks.
Officers, along with many volunteers from the community, wrapped all of the gifts. It took a great team effort to ensure the
success of the program and to make it a fun memorable experience for the children. Special thanks to our Avon PD School
Resource Officers Bal Herrera and Colleen Gaspard for planning and making this event happen. The Avon Police Department
thanked the following for sponsoring the 2020 Shop with a Cop event: Town of Avon, U.S. Bank, Eagle River Presbyterian
Church/ Officer Bradley Stamp, Avon Burger King, Avon Pazzo’s Pizza, Polar Star Properties, Avon Starbucks (East Hurd),
Avon Domino’s Pizza, Avon Northside Kitchen, Gondola Pizza, Avon Bakery, VFW Post 10721, Holy Cross Energy Grant,
Walmart-special thanks to Clarissa, Doris and the online shopping team, the Chavez Family, Town of Avon Public Works,
Town of Avon Transit, Wishes Toy Store, Castaneda’s Mexican Market, Jeff Schiros, Jorge Membrano, Carlos Solis, DJ Omar,
fundraising by the Vail Police Department and numerous anonymous donors that assisted in making this event an amazing
night for all involved!
2020 Highlights
Master Police Officer Pecks Final Radio Call before Retirement-“Master Police Officer Peck, we accept your retirement
resignation with bittersweet emotion. On one hand, we will miss your presence and your positive influence on your
colleagues and on this department. You have served with honor and integrity, and you have made this department and the
Avon Community better with your service. On the other hand, we are happy that you will now enjoy a new and happy
chapter in your life with your close-knit family. It will be a tough transition because being an Avon Police officer has been
such a huge part of your life for over 30 years. However, you have served for more years than the average police service and
you know that you have made many lives better by your role as a police officer, here in Avon. You will continue to be part of
the Avon PD family. It has truly been an honor to have served with you. Rest Easy, we have the watch! From the men and
women of the Avon Police Department.”
The Marvelous Mrs. Merling and her husband Joe struck again (in a good way!). The 2019 Avon PD Volunteer “Baker of the
Year” provided some delicious home cooking to Avon Police Officers during in service training days. We don’t think that we
deserve this appreciation any more than our fellow first responders or front-line personnel, but we sure do appreciate the
Merling’s
We train hard and smart to be always ready
We train hard and smart to be always ready-firearms
qualifications at the Colorado Bureau of Investigation, Grand Junction
We train hard and smart to be always ready
Avon PD-Part of Eagle County Special Operations
Avon PD-Part of Eagle County Special Operations
Christmas Card and New Operator Physical Testing
Avon PD-Part of Eagle County Special Operations
Avon PD-Part of Eagle County Special Operations
Avon PD-Celebrating our medical heors at Vail Health!
Avon PD-Protecting and respecting all rights!
We serve to better our community
APD 2020 Work Plan includes day to day operational work and
projects in the following areas.
Operations
Special Projects
Recruitment/ Hiring
Accreditation
Training
Special Events
Community engagement/ programming
We serve to better our community
2020 STRATEGIC GOALS;
1. Continue community resort policing by further engaging with our community and guests, through bicycle patrols,
Coffee with
a Cop events, hosting a Ski with a Cop activity, National Night Out , Latino and Citizen Police Academies and the Kids,
Cops and
Hoops program.
2. Continue our CALEA national accreditation, adhering to nationally recognized policies and procedures reflecting
community values, while recognizing and respecting individual rights. We will be adopting the 6th edition, which will
involve considerable work updating our policies and procedures to the most current edition. The year 2020 will be our
first year of a new four-year
accreditation cycle. We will finalize the implementation of a countywide Records Management System web-based
upgrade.
3. Fully implement a drone program with qualified officer pilots, and with a good operating policy, to use in incidents
to include lost children, lost adults, traffic accidents and tactical operations. Also, transition the eCitation program
from handheld devices to the in-car mobile terminals.
4. Continue to assist the GRANITE Drug Task Force in apprehending and prosecuting drug dealers and to reduce the
exposure of our children especially to the harder drugs like meth, heroin and cocaine that have been more prevalent
in our community.
5. Conduct a wildland fire evacuation exercise for Wildridge subdivision before Wildland fire season in 2020.
We serve to better our community
Operations
Respond to 911 calls/ Traffic accidents 24/7/365
Complete criminal and traffic accident investigations
Respond to mental health assistance calls
Parking enforcement
Proactive directed patrols to diminish criminal activity
Traffic safety
Animal control response
Front desk customer service/ fingerprinting/ VIN checks/ Records Requests
Report management, case submission to DA/ Municipal Court
Evidence management
Crime Analysis
Purchasing/ requisitions, Training & grant management
Court testimony/ DOR appearances
Major case investigations
DUI enforcement
Click it or Ticket
School Resource Officer program with Avon Elementary School
GRANITE drug task force
Six-month Field Training Program for new officers
Plan and implement summer community response program for Nottingham Park start training in May to be ready for June
Bike patrol and foot patrol
We serve to better our community
Special Projects
New cars, purchase, graphics fit out
Plan and lead countywide Active Shooter training in June at Edwards Fire Tower
Participant in the steering committee for the Treetop Forensic Interview and Child Advocacy center for the 5th Judicial District.
Wildland evac exercise
Participant in General Detective regional meetings
Colorado Model Traffic Code 2021 update (from 2017)
Fully implement drone program with at least five officers trained and qualified as Part 107 pilots
Recruitment/ Hiring
Recruit the best ! Utilize recruitment video at every opportunity
Attend recruitment fairs at academies, high schools, job fairs, college fairs
Accreditation
Complete end of year CALEA reports in recruitment, training, use of force, anti-bias, pursuit and forcible stopping, Professional
Inquires, Active Shooter
Continue accreditation for new year four (4) assessment cycle. Update to the 6th edition
Krista Jaramillo is President for the Rocky Mountain Accreditation Network
We serve to better our community
Training (To keep our community, officers and staff safe and to comply with POST, Federal and CALEA
requirements)
Quarterly firearms (rifle handgun)/, defensive tactics/ Krav Maga
Driving
Active shooter training
Monthly SOU training and forty (40) hour block in June
Plan for Krav Maga Instructor Recertification next February
Terrorism Liaison Officer
Basic Drug investigator school
Breacher training
SWAT schools for officers
Handgun Qualifications
Proper Restraint and Holds
Anti-Bias
Crisis Intervention Training /De-escalation
Community Policing and Partnerships
SFST Refresher
Less than lethal weapons-Taser/ Bean bag shotgun
Use of Force Policy
Essential Job-Related Tasks Test-Fitness testing
We serve to better our community
Training continued
Legal Update
ICS/Emergency Operations Plan/All Hazards
CALEA Updates/ Search, Seizure and Arrest Policy
Infection Control / Bloodborne Pathogens
Pursuit Policy
Back and Fall Injury Prevention
Crisis Intervention Training
Force on force training
Animal Control
River Bridge Child Advocacy Center
Stop Sticks Immobilization Device
Slips Trips and Falls
Winter Driving
Bike Patrol Officer
Sexual Harassment
Below 100
CST in-service
DRE in-service
Positional Asphyxia /Excited Delirium
Legal Update
We serve to better our community
Special Events Public Safety (to include Event action plans for larger more complex events)
Colorado Classic
Xterra
Bec Tri / Major League Tri
Man of the Cliff
Community engagement/Programs
Coffee with a Cop
Tip a cop
Annual Polar Plunge
Torch Run
Ski with a cop
National night out (preparation, planning/ business & volunteer recruitment), National Night Out execution-rescheduled to
October
Kids, Cops and Hoops
Latino Police Academy
Citizens Police Academy
Assist with Police Explorer POST 204
Law Enforcement Beaver Creek Ski Program
Speak Up Reach Out
Eagle Valley Behavioral Health
We serve to better our community
Community engagement/Programs Continued
Participant in the steering committee of the Total Health Alliance for strategizing mental health funding priorities
Participant in the steering committee for the Treetop Forensic Interview and Child Advocacy center for the 5th Judicial District
Mental health advisory board to the Eagle County Board of County Commissioners
Quarterly Radio Tech Ops meeting
Quarterly meeting of Public Safety Council
Quarterly meeting of 800 MHZ radio governance board
Quarterly meeting of the Eagle County First Responder Fund
Quarterly meeting of countywide Law Enforcement Immigration Alliance
Quarterly RMAN meeting
Initiated and current participant in the “Paris” task force seeking countywide cross discipline collaborative strategies to further
the safety and security of our newborn population.
Bear aware campaign Fall
Continue to increase our social media presence, Currently over 3400 followers of the Police Department Facebook page.
Veterans Day activities. Avon PD has ten veterans out of 21 officers (two US Navy, two US Marines and six US Army). Our
veterans have participated in various community veteran’s day education activities to include speaking at local schools. Officer
Zepeda is the VFW Post Commander.
Town of Avon annual Liquor license meeting/ legal update/ Tipsy Taxi discussion and Sex Assault prevention education
Salvation army basket delivery
Shop with a Cop
Community active shooter response seminars
We serve to better our community
Community Response Officer
Ranger Rose Martinez and Ranger Joshua Hernandez
have been hired for the summer season . Their
primary mission is visibility and a resource for
questions and clarifications on park rules. They also
address dogs off leash and jumping off pavilion walls
and generally do not request ID for that violation
unless there is a concern or flagrant repeat offending.
They will ask for IDs and clear for warrants for
disorderly type offenses. They are not a lifeguards
and individuals swim at their own risk in Nottingham
Lake. They monitor the use of stand-up paddle boards
and will educate on use of personal floatation devices
when appropriate. At the direction of Town Council,
we changed their uniforms to green and refer to
them as rangers. We are striking that balance
between guest services/ park ranger yet still have the
the ability to enforce town ordinance and park rules
when necessary.
Kids, Cops and Hoops basketball program!
Why we do this job!
Why we do this job!
Why we do this job!
Avon PD Officers completing their annual
fitness qualification
Community Engagement-Halloween bag preparation
Community Engagement-Halloween bag delivery!
Community Engagement-Awards for initial
COVID-19 response
2020 Shop with a Cop
2020 Shop with a Cop
Saying farewell and
Happy Retirement!
Community Engagement-Town employee concealed carry
firearms class
2020 Citizens Academy
2020 Citizen Police Academy Graduates
2020 Citizen Police Academy Graduates
2020 Latino Police Academy
2020 Latino Police Academy
2020 Latino Police Academy Graduates
The men and women of the Avon Police
Department sincerely appreciate the
continued support of the Avon Town
Council and Town Manager for the police
department and for their continued
commitment to the public safety of our
citizens, residents, and guests.
Any questions? Thank You/ Gracias
TO: Honorable Mayor Smith Hymes and Council members
FROM: Greg Daly, Chief of Police
RE: Avon Police Department Comparison to other Peer Police Departments
DATE: June 22, 2021
BACKGROUND: The tremendous work of the men and women of the Avon Police Department has been
captured in the 2020 Annual Report, submitted in this council packet. They work tirelessly twenty-four (24)
hours a day to deliver a premium professional police service to our Citizens, Residents and Guests. Our
crime rates continue at historic lows and we believe they are attributed to our presence in our community,
our community outreach, our relationship trust building and through our high visibility patrols. It is a delicate
balance between deterrent presence and too much presence, but for the most part our citizenry, residents,
and guests appear to appreciate and support our efforts to protect and serve.
As a vibrant mountain resort police department, it is a healthy exercise to see how we compare to other
mountain resort police departments in terms of staffing, operations, calls for service, community outreach,
reported crimes, and budgets.
I provide some comparator statistical information provided by the following agencies: Frisco, Silverthorne,
Breckenridge, Telluride, Vail, Snowmass Village, Steamboat Springs, and Aspen.
It is a little challenging to compare apples to apples because not all departments keep the same statistics.
For example, a number of departments do not seperate out their incident reports numbers from their calls
for service. A number of departments do not differentiate between self-initiated calls for service versus
dispatched calls for service. Many departments have different computer aided dispatch (CAD) software
systems and different report management systems (RMS). However, I have assimilated the provided
information as much as possible for comparison purposes.
In preparing this report, I would thank the following police leaders and their staff for taking the time and
effort to respond:
Chief Josh Comte, Telluride Marshal’s Office,
Chief Corey Christensen, Steamboat Springs Police Department.
Assistant Chief Linda Consuegra, Aspen Police Department,
Commander Ryan Kenney, Vail Police Department
Chief Brian Olson, Snowmass Village Police Department
Chief Jim Baird, Breckenridge Police Department
Chief Tom Wickman, Frisco Police Department
Chief John Minor, Silverthorne Police Department
OPERATIONS; STAFFING, CALLS FOR SERVICE, SELF-INITIATED CALLS, TRAFFIC STOPS &
INCIDENT REPORTS
Agency (Starting from smallest
census
population to
largest)
2010 Census popul
ation
Number of sworn officer position
s.
Full time and part-time
Number of code enforcement positions
Full time
and part
time
Number of civilian admin staff
Total Calls for service Self-initiated calls for service (includes traffic stops)
Traffic Stops Dispatched calls for service
Total number of incident reports
Telluride Marshalls
Office
2,325 11 3 2 4,336 N/A 962 N/A 306
Frisco PD 2,683
14 2 2 6454 N/A 325
(Pre
COVID
1450 with
25%
tickets)
N/A N/A
Snowmass Village PD
2,826 9 2.5 1 4,259 N/A 645 N/A
Silverthorne
PD
3,887 18 1 3 7,266 N/A
747 Not broken
out
1,764
Breckenridge PD
4,540 24 2 2 13,974 15,426 4,359 N/A 1,423
Vail PD
5,305 32 + 2 x
.25 PT
7 5 39,541 24,165
includes
2,149 traffic stops
2,149 11,040 1,509
Avon PD 6,447 20 + .5
PT
2 x .25 PT=.5 2.5 26,741 21,964
includes
1,770 traffic stops
1,770 4,274 740 plus 491
supplement
reports
Aspen PD
6,658 28 +
1PT
5 5 22,746 N/A 1,833 (Pre
COVID
over 3,000)
17,251 1,453
Steamboat Springs PD
12,088 29 6 FT
& 12 PT
during
summer
8 N/A 7,866 1,887
(Pre
COVID
3,052)
16,305 4,486
Calls for service includes dispatched calls and self-initiated (SI) calls. SI calls include traffic stops. Some
agencies have the ability/technology to track and separate out different categories of dispatch calls and SI
calls. Some agencies/dispatch centers do not track certain metrics where “Not Applicable” (N/A) is entered.
Agencies have varying policies as to when a full incident report is completed. Generally, incident reports
are drawn for more serious criminal incidents/investigations. Otherwise, officers document details of the
less complicated incidents though the in-car computer system where a full case report is not necessary.
Again, this is agency specific.
The number of incident reports does not include the additional number of supplemental reports- reports by
other officers involved in a particular incident and/or follow up investigation supplemental reports.
COMMUNITY OUTREACH ACTIVITIES
This a summary of some of the community policing outreach and engagement activities by Avon PD and
our peer communities. Some of these outreach activities may not have occurred in 2020 for COVID
reasons.
Avon PD- Nottingham Church Annual bike ride, women’s self defense classes, Coffee with a Cop, Kids,
Hoops and Cops, National Night Out, Latino Police Academy, Citizens Police Academy, Colorado Special
Olympics Torch Run, Colorado Special Olympics Polar Plunge, Shop with a Cop, Halloween Bag Delivery,
assisting Salvation Army with food deliveries. sitting on multiple community nonprofits and boards to
include Speak Up Reach Out Mental Health Advisory Committee to the Eagle County Board of County
Commissioners, Victims Assistance Fund, Treetop Forensic Advocacy Center, and the 800 MHz Radio
Governing Board.
Telluride MO- Citizens Academy in the past but put on hold, looking to create an explorer’s program, Torch
Run, Mental Health run.
Silverthorne PD- Community outreach activities are handled by the Town Marketing Department or other
entities.
Breckenridge PD- Torch Run, Coffee with a Cop, Neighborhood Bike Rodeo, CARE classes at two
elementary schools, Eddie the Eagle Classes
Steamboat Springs PD- Citizen’s academy, Coffee with a Cop, CPR/First Aid in Spanish to Latino
community, Department members sit on some non-profit boards to further engage community members.
Aspen PD- Town wide Citizen Academy, Bike rodeo, In the past they have participated in more to include
community picnic, Coffee with a Cop, Bingo with seniors, picnic in the park for the kids, bike safety and
community ride, bike auction.
Frisco PD- Frisco Elementary Annual Bicycle Rodeo. Dare Program, Latino Citizens Academy, Citizens
Police Academy, Torch Run.
Vail PD- National Night Out, Torch Run, Coffee with a Cop, Citizen Academies (assist with academies
hosted by Avon PD)
Snowmass Village PD- 100% of officers live in Snowmass Village. Officers participate as citizens in their
local HOA boards, fire board, school coaching or clubs and groups. The community knows them as fellow
neighbors, board members, coaches, and police officers. Supplemental employment (second jobs-non-
LEO) within the community are typical.
2020 FEDERAL BUREAU OF INVESTIGATION NATIONAL INCIDENT-BASED REPORTING SYSTEM
(NIBRS) CRIME STATISICAL COMPARISIONS
Agency (Starting from smallest census population to
largest)
Group A Offenses Reported
Group A Offenses
Cleared
Group A Adult Arrests
Adult and
juvenile)
Group A Percent cleared
Group A Crimes per 100,000
Group B Arrests (Adult and
juvenile)
Total Arrests Arrests per 100,000 population
Telluride Marshalls Office 60 14 13 23.33% 2,382.80 39 52 2,065.10
Frisco PD 137 53 30 38.69% 4,254.70 51 81 2,515.50
Snowmass Village PD
43 15 12 34.88% 1,554.0 15 27 975.80
Silverthorne PD 202 26 5 12.87% 4,082.50 73 78 1,576.40
Breckenridge PD 566 340 299 60.07% 11,143.0 87 386 7,599.90
Vail PD
546 194 141 35.53% 9,981.70 110 251 4,588.70
Avon PD 290 134 99 46.21% 4,464.30 140 239 3,679.20
Aspen PD 256 46 38 17.97% 3,491.20 95 133 1,782.60
Steamboat Springs PD 717 272 171 37.94% 5,364.80 211 382 2,858.20
Note: Aspen, Breckenridge, Vail, and Steamboat Springs all deal with substantial ski thefts and deceptive
use of ski passes so their false pretenses/swindle/confidence game and all other larceny categories can be
higher than other municipalities.
BUDGETS/ HOTEL ROOMS/ BED BASE:
Municipal budget information gathered by TOA Intern Charise Bishop in 2020.
Municipality
(Starting from smallest
census population to
largest)
Budget (all
funds)
Operating
budget
Number of
FTE’s
Number of
part
time/seasonal
Bed base Hotel
Rooms
Short-
term
rentals
Telluride
$35,183,665
$10,963,569
79.5
60 1,854
59 1,795
Frisco
$30,746,000
$16,625,000
102 120 1,270 559 711
Snowmass Village
$30,583,119
$12,570,000
116 34 1,699 880 819
Silverthorne
$32,474,000
$13,725,000
114 140 568 438 130
Breckenridge
$82,000,000
$23,000,000
181 204 5,971 2,120 3,851
Vail $73,200,000 $51,000,000 284 52 3,823 1,720 2,103
Avon $35,051,000
$22,700,000 95 60 1,202 966 236
Aspen
$139,403,650
$76,873,880
318 n/a 2,039 1,293 746
Steamboat Springs
$61,383,604
$38,726,832
230 100 4,199 1,392 2,807
POLICE DEPARTMENT BUDGETS
Agency (starting from smallest census population to
largest) 2020 Budget
Telluride Marshalls Office $1,497,323
Frisco PD
$1,846,276
Snowmass PD $2,103,844
Silverthorne PD $2,767,511
Breckenridge PD $3,500,000 (approximate) reduced down from $4,063,982 from
COVID reductions
Vail PD
$6,140,973
Avon PD
$3,813,568 (Subtracting out gas $30,390 and fleet charges
$75,195 for 2020. Capital replacement transfer charges from PD
budget were deleted as part of COVID savings earlier in 2020) Aspen PD $5,703,580
Steamboat Springs PD
$4,982,280
Note regarding vehicle replacement, maintenance, and fuel costs.
Vehicle replacement, maintenance, and fuel costs for the most part, are housed in either the public works
and/or fleet budgets and not in the PD budgets of most peer communities to include Vail PD, Telluride MO,
Silverthorne PD, Steamboat Springs PD, Aspen PD. Breckenridge PD, Snowmass Village and Frisco PD.
I would like to complement Finance Director Scott Wright and his staff for their budget information on the
Town of Avon Website. In my research, the Town of Avon budget documents and information are the most
comprehensive and easy to access of all of the peer communities. In many instances there are not
individual department budgets available and no detailed individual line items.
Thank you, Chief Greg Daly
###
970.748.4004 eric@avon.org
TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager
RE: Support Letter for SHRED Act
DATE: June 17, 2021
SUMMARY: A Letter of Support for the SHRED Act is attached to this Report. Currently, ski area permit
fees generate approximately $39 million in revenues, which all goes the United States Treasury. The
SHRED Act would increase the retainage of these ski area permit fees to 60-75% to be used to support
winter recreation, wildfire response, and broader recreation needs in the ski area regions. Please see the
attached information page from Senator Michael Bennet’s office.
The Town of Avon currently partners with Eagle County and other municipalities in Eagle County to support
two additional Forest Service ranger positions for the summer. We have recognized needs to improve U.S.
Forest Service roads, trails, and trailhead parking areas to accommodate the increased visitor traffic that
comes to enjoy our surrounding national lands. As stated in the draft Letter of Support, retention of the
revenues generated from ski area permit fees will better enable federal management of these lands.
PROPOSED MOTION: “I move to approve the Letter of Support for the SHRED Act.”
Thank you, Eric
ATTACHMENT A: DRAFT Letter of Support
ATTACHMENT B: SHRED Act information sheet
Post Office Box 975 100 Mikaela Way Avon, CO 81620
NAME
ADDRESS
ADDRESS June 17, 2021
RE: Support for the SHRED Act
Dear Senator Bennet and Senator Barrasso,
The Town of Avon strongly supports the SHRED Act to keep ski area permit fees local, support winter
recreation and address broad recreation needs. Avon, like many of our mountain town resort peer
communities, host a larger number of visitors each year who come to recreate in our surrounding national
forests. For many, the opportunity to visit these lands and recreate in the Rocky Mountains creates life-time
memories, and we are glad to host these visitors. However, the impacts from increased recreation
demands on our national forests far exceed the federal resources allocated to manage such demands. Yet,
there is a steady outflow of important ski area permit fee revenues from the Rocky Montain region.
The SHRED Act will move us towards a more business like land management practice where a greater
portion of the revenues will be re-invested into necessary land management and mitigation measures. We
support a sustainable, business-like model that will enable the federal government to maintain these
valuable recreational lands for the benefit of our generation and generations to come.
We strongly support the SHRED Act. Below are quotes from Ski Country Industry Leaders.
Thank you for your consideration.
Sincerely,
Mayor Sarah Smith Hymes
Signing with the support of the full Town Council: Mayor Pro Tem Amy Phillips, Councilor Tamra
Underwood, Councilor Chico Thuon, Councilor Scott Prince, Councilor Lindsay Hardy, Councilor Russell
Andrade and Mayor Sarah Smith Hymes
SUPPORT FROM SKI COUNTRY INDUSTRY LEADERS:
“Ski areas across the country appreciate Senator Bennet’s leadership in the Senate and unwavering
support for outdoor recreation. Retaining a portion of ski area permit fees with the Forest Service will help
boost the agency’s recreation capacity, improve visitor services and expand access to our nation’s forests
for all Americans,” said Kelly Pawlak, President/CEO, National Ski Areas Association.
ATTACHMENT A: Draft Letter of Support
“What the bill’s Ski Area Fee Retention Account does for ski areas is a solid model for all facilitated
recreation experiences. Outdoor recreation permit fees should be reallocated at the site, should be used to
improve and enhance facilitated recreation experiences, and should be made available to help other sites
address recreation programming needs that may not have the resources necessary at the local level,” said
Aaron Bannon, executive director of America Outdoors.
“The SHRED Act will bring much-needed resources to the United States Forest Service to address the
needs of not only ski areas, but the broader recreation management needs of the public lands on which ski
town economies are so dependent. This Act will offer ongoing support to the public lands that are so critical
to the recreation-based economies of resort communities,” said Margaret Bowes, Executive Director,
Colorado Association of Ski Towns.
“This bill is not only critical to maintaining the active management of our national forests by providing much
needed support to the United States Forest Service, but it also greatly aids in the sustainability and
vibrancy of our mountain communities and local recreational opportunities. By allowing local national
forests to retain the fees generated from the ski areas in which they originate, forest managers are better
equipped to address the many impacts creating a crisis in our forests. Northwest Colorado Council of
Governments fully supports the 2021 SHRED Act as drafted and is hopeful its implementation will provide
our local United States Forest Service with the overdue and necessary support imperative for its operations
to run successfully and efficiently for decades to come,” said Alyssa Shenk, Northwest Colorado Council of
Governments Council Chair.
ATTACHMENT A: Draft Letter of Support
Ski Hill Resources for Economic Development (SHRED) Act
Senator Bennet and Senator Barrasso
Skiing is a vital component of our outdoor recreation economy, contributing over $55 billion
annually and supporting over 500,000 jobs. Downhill skiing and snowboarding occurs at the 122 ski
areas that operate on U.S. Forest Service land across the country. In exchange for the opportunity to
use some of our nation’s most stunning forestlands, ski areas pay fees to the Forest Service that
average $39 million annually. However, under the current system, these fees go directly to the
United States Treasury, rather than the local National Forest. The SHRED Act aims to change that,
establishing a framework to retain ski fees to support local ski permit and program administration
and offset increased recreational use, while providing the Forest Service flexibility to direct
resources where they are needed most.
Specifically, the SHRED Act would:
• Keep Ski Fees Local: By establishing a Ski Area Fee Retention Account to retain a portion
of the fees that ski areas pay to the Forest Service. For National Forests that receive less than
$15 million in ski fees annually, 75 percent of the fees are retained. For forests that receive
more than $15 million in ski fees annually, 60 percent of the ski fees would be retained. The
retained funds are available for authorized uses (described below) at the local National
Forest.
• Support Winter Recreation: In each forest, 75 percent of the retained funds are directly
available to support Forest Service Ski Area Program and permitting needs, process
proposals for improvement projects, train staff, and prepare for wildfire. Any excess funds
can be directed to other National Forests that host ski areas for the same uses. After all of the
winter recreation uses have been addressed across the country, excess funds are carried over
to the pot of funding that supports broad recreation needs.
• Address Broad Recreation Needs: In each forest, 25 percent of the retained funds are
available to support a broad set of local recreation management and community needs,
including special use permit administration, visitor services, trailhead improvements, facility
maintenance, and affordable workforce housing. This set-aside would dramatically increase
some Forest Service unit’s budgets to meet the growing visitation and demand for outdoor
recreation.
The SHRED Act is supported by National Ski Area Association and its 122 member ski areas
operating on public lands, Northwest Colorado Council of Governments, Colorado Ski Country
USA, Colorado Association of Ski Towns, America Outdoors Association, Vail Resorts, and
Jackson Hole Mountain Resort.
ATTACHMENT B: SHRED Act Info Sheet
Recreation Department Update
June 22, 2021
RECREATION DEPARTMENT UPDATE
JUNE 22, 2021
MICHAEL LABAGH,
INTERIM RECREATION DIRECTOR
Recreation Department Update
June 22, 2021
RECREATION CENTER OPERATIONS
•Mask requirement amended May 19
•Followed transition plan to phase out of
COVID-19 policies and procedures
•Lasting factors: Increased cleaning
efforts, lap swimming reservations,
spacing and layout of equipment, staff
cross training
•475 new memberships since January 1,
2021
•Average daily visits Jan 1-May 31: 258
Recreation Department Update
June 22, 2021
RECREATION PROGRAMS
•Outdoor Fitness Classes
•Summer Camp
•Swim Lessons & Swim Team
•Recreation Swim Meet
•Drop-In Open Water Swim
•Dunk-N-Dash
•Daddy’s Girl TuTu 2K
•Open Water Swim Meet
Recreation Department Update
June 22, 2021
HARRY A. NOTTINGHAM PARK
•Park signage inventory and update
•Picnic shelter reservations
•SUPCO and beach operations
•Musical instrument installations
•West Nottingham Park landscaping
project
•Sod installation upper and lower
fields
Beach/Park Planning Process to be introduced to
Council at July 13, 2021 meeting
Recreation Department Update
June 22, 2021
PERSONNEL
•Operating with 7/10 full-time staff and 70
part-time staff
•Interim roles overview
Hiring Timeline:
•Recreation Services Superintendent
•Recreation Services Coordinator
•Recreation Director (timing to be
discussed with Council at July 13th
meeting)
Recreation Department Update
June 22, 2021
PERSONNEL
•70 part-time staff
•Several local
businesses
starting wages
$16-$17 per hour
•Currently
reviewing our
ability to raise
starting rate to
$17/h
Recreation Department Update
June 22, 2021
ELECTRIC VEHICLE RENTAL PROGRAM
Avon Recreation Center will provide two one-day passes as an EV rental incentive at a retail
value of $30.00.This partnership will not only encourage EV use and reduce carbon
emissions, but it will also showcase one of Avon’s flagship amenities, the Avon Recreation
Center.
Recreation Department Update
June 22, 2021
THANK YOU!
970.748.4004 eric@avon.org
TO: Honorable Mayor Smith Hymes and Council FROM: Eric Heil, Town Manager
RE: Climate Action Collaborative
Memorandum of Understanding
DATE: June 18, 2021
SUMMARY: The Climate Action Collaborative (“CAC”) has proposed the formation of a governing board.
The original Letter of Intent to Join the Climate Action Collaborative contemplated that the members of the
CAC would outline organizational components of the CAC through the adoption of a Memorandum of
Understanding. Eagle County led discussions on the adoption of a governing board which is comprised of
representatives from the County and participating municipalities in Eagle County. The attached
Memorandum of Understand would establish a CAC Governing Board.
There is no financial obligation or legal commitment that is created by the adoption of this Memorandum of
Understanding.
The Memorandum of Understanding contemplates that each member would designate one elected official
and one alternate to serve as each entity’s representative on the governing body. Mayor Sarah Smith
Hymes has expressed interest in serving as the designated election official. I am willing to serve as the
alternative, which would be consistent with my involvement in Climate Action Collaborative efforts on behalf
of the Town. This Memorandum of Understanding can be approved by a simple majority vote of the Avon
Town Council.
RECOMMENDATION: Adoption of this Memorandum of Understanding supports the Avon Town Council’s
identified goal to support and implement climate action efforts.
PROPOSED MOTION: “I move to approve the Memorandum of Understanding by the Local Government
Members of the Climate Action Collaborative for the Eagle County Community.”
“I move to designate Mayor Sarah Smith Hymes as the primary representative and Town Manager Eric Heil
as the designated alternate for the Town of Avon on the CAC Governing Board.”
Thank you, Eric
ATTACHMENT A: Memorandum of Understanding
MOU for the CAC Governing Board
June 22, 2021
Page 1 of 3
MEMORANDUM OF UNDERSTANDING
BETWEEN THE LOCAL GOVERNMENT MEMBERS OF THE
CLIMATE ACTION COLLABORATIVE FOR THE EAGLE COUNTY COMMUNITY
WHEREAS, several local government entities in Eagle County, Colorado, established and joined
the Climate Action Collaborative (“CAC”) to reduce greenhouse gas (“GHG”) emissions in
accordance with the goals of the Climate Action Plan for the Eagle County Community (“CAP”)
as adopted and as may be amended from time to time; and,
WHEREAS, a 2017 Letter of Intent to Join The Climate Action Collaborative of the Eagle County
Community (“Letter of Intent”) states that the collaborative group will work to outline the
organizational components of the CAC and will create a Memorandum of Understanding
establishing the CAC and outlining the organizational components of the CAC; and,
WHEREAS, local government members of the CAC find that global GHG emissions continue to
catalyze global climate change and global temperature increase and that such global temperature
increase is projected to result in severe negative effects on habitability, production and resiliency
of the global community; and,
WHEREAS, the local government members of the CAC recognize the need and benefit to
understand and implement best practices to reduce GHG emissions and draw down carbon levels
in the atmosphere at the local and regional level, and therefore desire to define an organizational
structure which will facilitate regional decision making and alignment of CAC policies; and,
WHEREAS, the local government members who financially contribute to the CAC desire to
establish and adopt this Memorandum of Understanding (“MOU”) to define the organizational
structure;
NOW, THEREFORE, the local government entities who are signatories to this MOU establish
the following organizational structure for the CAC:
1. CLIMATE ACTION COLLABORATIVE GOVERNING BOARD: A governing board
of the CAC is established which shall be referred to as the “CAC Governing Board”.
2. MEMBERSHIP: The CAC Governing Board shall comprise the eligible local government
entities situated within Eagle County who sign this MOU.
3. QUALIFICATION OF MEMBERS: To be an eligible local government entity, members
of the CAC Governing Body shall meet the following minimum qualifications:
(a) municipal and county government entities legally formed in accordance with the laws
of Colorado;
(b) with boundaries that are wholly or partially within Eagle County;
(c) with a governing body that is subject to election by qualified voters as defined in
Colorado law;
ATTACHMENT A: Memorandum of Understanding
MOU for the CAC Governing Board
June 22, 2021
Page 2 of 3
(d) who have formally adopted the CAP; and
(e) who financially contribute to the CAC in accordance with requirements for financial
contributions as established by the CAC Governing Board, as may be amended from
time to time.
4. ADDITIONAL MEMBERSHIP: Additional members shall be included on the CAC
Governing Body upon receipt of a written request to join the CAC Governing Body by a
local government entity who meets the qualifications of membership.
5. REMOVAL OF MEMBERSHIP: The CAC Governing Board may remove any CAC
Governing Board member who ceases to meet the minimum qualifications after providing
notice to such CAC Governing Board member and stating the reasons that such CAC
Governing Board member ceases to meet the minimum qualifications. Those members
ceasing to meet the minimum qualification will be provided fifteen (15) days to bring
themselves into compliance with minimum qualifications prior to removal from membership.
6. REPRESENTATION: Each qualified member of the CAC Governing Board shall have one
voting seat on the CAC Governing Board. Each qualified member of the CAC Governing
Board shall appoint a representative who shall be an elected representative of the governing
body of the qualified member, and an alternate representative who shall be either an elected
official of the governing body of the qualified member or a staff person of such qualified
member. The designation of representatives by each qualified member shall be in writing in
a manner determined by each respective qualified member and shall be updated from time to
time.
7. QUORUM: Quorum shall consist of a majority plus one of the total membership of the CAC
Governing Board. In the absence of a quorum, a lesser number may adjourn any meeting to
a later time and date.
8. OFFICERS: The CAC Governing Board shall appoint a Chairperson and Co-Chairperson
who shall serve as the meeting moderator for meetings of the CAC Governing Board. The
duties of the Chairperson, Co-Chairperson and any other Officer positions that may be
established shall be further defined in future bylaws to be adopted by the CAC.
9. MEETINGS: The CAC Governing Board shall meet at such time, place, and frequency as
is determined appropriate by the CAC Governing Board. The method of calling a meeting
and the types of meetings allowed (i.e. in person, electronically, etc.) will be further defined
in future bylaws to be adopted by the CAC.
10. DUTIES: The CAC Governing Board shall have the following duties:
(a) Prepare and adopt an annual budget and funding mechanisms;
(b) Prepare and adopt annual goals;
(c) Review and approve contracts for services; and
ATTACHMENT A: Memorandum of Understanding
MOU for the CAC Governing Board
June 22, 2021
Page 3 of 3
(d) Adopt bylaws and other policies as appropriate to achieve the goals of the CAP.
11. VOTING: All decisions of the CAC Governing Board shall be approved by a 3/4ths
affirmative vote of the quorum present or as otherwise set forth in the future bylaws to be
adopted by the CAC.
12. NO LEGAL OR FINANCIAL OBLIGATIONS: This MOU shall not create any legal
obligation for any member local government entity and shall not create any multi-year
financial obligation that exceeds the annual financial contribution to the CAC that is
approved by each qualified member.
THIS MEMORANDUM OF UNDERSTANDING IS HEREBY APPROVED AND
EXECUTED BY THE FOLLOWING LOCAL GOVERNMENT ENTITIES:
TOWN OF AVON
BY:___________________________________________ DATE:________________
Sarah Smith Hymes, Mayor
ATTEST:______________________________________
Brenda Torres, Town Clerk
ATTACHMENT A: Memorandum of Understanding
970-376-2876 epd@piercedurancelaw.com
TO: Honorable Mayor Smith Hymes and Council members FROM: Elizabeth Pierce-Durance, Prosecutor
RE: Ordinance 21-08, Adoption of the 2020 Model Traffic Code
DATE: June 11, 2021
SUMMARY:
Ordinance 21-08 adopts the 2020 Model Traffic code (“MTC”) by reference. Currently the Avon Municipal
Code incorporates by reference the 2010 Model Traffic Code, which is not the most recent version. The Avon
Police Department, the Town Prosecutor, and the Avon Municipal Court desire adoption of the 2020 Model
Traffic Code.
On August 14, 2018, the Town adopted Ordinance 18-16, implementing C.R.S. § 42-4-1412(5) regarding the
regulation of bicycles approaching roadway intersections. Adoption of the 2020 MTC will not alter or affect this
ordinance.
On May 25, 2021, the Town adopted Ordinance 21-07, adding a new Chapter 10.40 to the Avon Municipal
Code regulating the use of Off-Highway Vehicles in Avon. Adoption of the 2020 MTC will not alter or affect
this ordinance.
CHANGES AND AMENDMENTS:
Ordinance 21-08 repeals, reorders, replaces, and updates Avon Municipal Code sections 10.04.010,
10.04.040, and 10.04.060 through 10.04.180. Many changes are simply to update cross-references to the
MTC. Consideration was given to issues recognized by other municipalities. The Colorado Department of
Transportation did not provide a Word version of the 2010 Model Traffic Code marked up to show changes
from the 2010 MTC. Those changes are noted instead in Appendix 1, provided with this Memorandum.
Specific changes to the Avon Municipal Code are as follows:
MTC Sec. 107.5 – Obedience to members of the fire department. This enactment continues existing
Town policy, as recommended by Avon Police. The language is moved from MTC Section 111 to
Section 107.5 because the 2020 MTC has filled in the previously blank Section 111. The fire
department obedience language follows a similar provision requiring obedience to police officers.
MTC Sec. 706(1) – Obedience to railroad signal. This amendment continues existing policy.
MTC Sec. 712(3) – Driving in highway work area. This enactment reinstalls 2010 MTC language,
which language was deleted from the 2020 MTC, permitting highway flaggers to work within any
highway maintenance or construction work area. This continuation of existing policy is recommended
by Avon Police.
MTC Sec. 1214 – Parking on private property. This enactment authorizes signage regarding booting
and towing on private property within the Town of Avon, which signage is required by Section
5.12.100(4) of the Avon Municipal Code. This language continues existing policy.
MTC Sec. 1417 – School zones. This enactment doubles fines for traffic violations occurring within
school zones, now designated “School Safety Sensitive Zones,” continuing existing policy.
970-376-2876 epd@piercedurancelaw.com
MTC Sec. 1418 – Residential areas. This enactment doubles fines for traffic violations occurring in
designated residential areas, now designated “Residential Area Safety Sensitive Zones,” continuing
existing policy except that the designated areas are increased to include the Wildwood Subdivision,
and parts of Swift Gulch Road, East Beaver Creek Blvd, Post Blvd, and Nottingham Road. These
additional areas are based on Avon Police recommendation.
MTC Sec. 1419 – Driving on public park. This enactment continues existing policy.
MTC Sec 1701, 1705, and 1707 – These penalty sections are inapplicable to municipalities1 and are
deleted in full. Penalties for municipal violations are instead set out in Avon Municipal Code Section
10.04.040 as amended. The amendments eliminate the classification of violations into A or B, and set
out two categories of violation only, i.e. traffic offense and traffic infraction. Only traffic offenses
constitute misdemeanors and are eligible for jury trials and jail sentences. Traffic infractions are
punishable by fines only, which fines shall be scheduled by the Municipal Court.
MTC Sec. 1709(5.5) and (6) – Penalty assessment notice. This enactment continues existing policy.
MTC Sec. 1801 – Authority to impound vehicles. This amendment continues existing policy.
MTC Sec. 1903(6)(c) – School buses. This enactment continues existing policy.
PROCEDURE FOR ADOPTION BY REFERENCE OF A MODEL CODE:
Pursuant to the Avon Charter Section 6.9 and C.R.S. § 31-16-201 et seq., the Town may enact an
ordinance which adopts a state code by reference. In addition to regular notice requirements, publication
of the ordinance shall contain a summary of the subject matter of the ordinance, the penalty clause and a
notice to the public that copies of the proposed ordinance and proposed code are available at the office of
the Town Clerk. Avon Charter, §6.5(g). Copies of the MTC are being provided to the Avon Town Council
members electronically prior to the meeting to avoid the requirement to read the entire code at the Council
meeting. C.R.S. § 31-16-203 and § 31-16-107.
The penalties must be written out in full and published in the adopting ordinance. C.R.S. § 31-16-204.
After passage of the adopting ordinance, it must be posted in accordance with the Town Charter §§ 6.7
and 6.9. Once adopted by the Town Council, the officer who will be enforcing the ordinance may keep a
copy of the MTC in his or her office instead of the Town Clerk’s office and this custodian must keep a
reasonable supply of the code for purchase. C.R.S. § 31-16-206.
FINANCIAL CONSIDERATIONS: Adoption of the 2020 MTC will have no identifiable financial impact.
RECOMMENDATION: Staff recommend adoption on second reading of Ordinance 21-08 Adoption of the
2020 Model Traffic Code.
PROPOSED MOTION: I move to approve on Second Reading Ordinance 21-08, adopting the 2020
Model Traffic Code by reference for use within the Town of Avon.
ATTACHMENTS: Appendix I: A listing of 2020 MTC changes to 2010 MTC
Attachment A: Ordinance 21-08
Thank you, Elizabeth Pierce-Durance.
1 See Section 42-4-110(2), Colorado Revised Statutes.
- 1 -
APPENDIX I to Council Memo, Ordinance 21-08
The following information is an overview of new, deleted or amended language appearing
in the 2020 Model Traffic Code (“MTC”). This overview is provided as a guide to some of the
more substantial changes appearing in the MTC, which Code is recommended for adoption by the
attached ordinance. This Index of Changes identifies the affected 2020 MTC Section and how it
differs from the 2010 MTC currently in use by the Town.
INDEX OF CHANGES
Forward. Entire section added.
Section 106. Text added (paras 4.5(b)-7).
Section 107. Text added (second sentence).
Section 109(13)(b). Offense changed to infraction.
Section 109.5. Text added (para 1(b)).
Section 109.6(1). Speed limit changed (35 mph to 45 mph).
Section 110. Text added (final sentence to (1); all of (1)(a)- (6)(b)).
Section 110.5. Entire section added.
Section 111. Entire section added.
Section 202. Text added (para 4(a)-(g)).
Section 215.5. Repealed entirely.
Section 221. Text added (para (9)-(11))
Section 227. Text added (paras (1)(a)(II) and (III)).
Section 232. Text added (paras(1)(b) and (2)).
Section 235. Text added ((2)(b)(IV)).
Section 235. Text added ((4)(a)(I)-(II)).
Section 236. Text deleted ((1)(a.3) and (a.7), (9)); text added ((1)(a.8)-(3))
Section 239. Text amended (3); text added (5.5)
Sections 241 and 242. Entire sections added.
Section 504(a). Text amended.
Section 508. Text amended ((1)-(1.5); text added (2)-(4)).
Section 510. Text added ((8)-(12)).
Section 703. Text added ((3)(b)(II) and (III)).
Section 712. Text deleted ((3)).
Section 1007. Text added ((2) and (3)).
Section 1102. Text amended ((4)).
Section 1203. Entire section added.
Section 1206. Text added ((3)-(5)).
Section 1208. Substantial revision, whole section.
Section 1213. Entire section added.
Section 1409. Text added (8.5); text amended ((9)).
Section 1410.5. Entire section added.
Section 1412. Text added ((14)-(15)).
Section 1416. Entire section added.
- 2 -
Section 1705. Entire section added.
Section 1707. Entire section added.
Section 1718. Entire section added.
Section 1719. Entire section added.
Appendices: Definitions added.
- 3 -
FORWARD
Because of the significant mobility of today’s traffic and the influx of motorists from many areas,
every driver has a right to expect the rules governing the movement of vehicles and pedestrians
on streets and highways are clearly defined and reasonably uniform throughout the state and the
nation.
The General Assembly of the State of Colorado has recognized that conflicts between the state’s
traffic laws and municipal traffic ordinances lead to inconsistencies in the movement of traffic
and has strengthened the requirements for uniformity of traffic regulations in the following terms:
“This article constitutes the uniform traffic code throughout the state and in all political
subdivisions and municipalities therein”. (Source: 42- 4-110 (1), C.R.S.)
“All local authorities may, in the manner prescribed in article 16 of title 31, C.R.S., or in article
15 of title 30, C.R.S., adopt by reference all or any part of a model traffic code which embodies
the rules of the road and vehicle requirements set forth in this article and such other additional
regulations as are provided for in section 42-4-111; except that, in the case of state highways,
any such additional regulations shall have the approval of the department of transportation”.
(Source: 42-4-110 (1)(b), C.R.S.)
“No local authority shall adopt, enact, or enforce on any street which is a state highway any
ordinance, rule, or resolution which alters or changes the meaning of the ‘rules of the road’ or is
otherwise in conflict with the provisions of this article. For the purpose of this section, the ‘rules
of the road’ shall be construed to mean any of the regulations on the operation of vehicles set
forth in this article which drivers throughout the state are required to obey without the benefit or
necessity of official traffic control devices as declared in section 42-4-603 (2).” (Source: 42- 4-
110(1)(c), C.R.S.)
These provisions leave little doubt that the basic driving rules are expected to be uniform
statewide for the protection of Colorado drivers and pedestrians. If state laws and local
government traffic codes are to serve their purpose they must complement one another and be
given the widest possible publicity as companion documents.
The National Committee on Uniform Traffic Laws and Ordinances points out that it is not the
proper purpose of traffic legislation to impose unnecessary or unreasonable restrictions on street
or highway traffic, but to ensure, as far as this can be done by law and its enforcement, that traffic
shall move smoothly, efficiently and safely; that no legitimate user of the street or highway,
whether in a vehicle or on foot, shall be killed, injured or frustrated in such use by the improper
behavior of others.
Through the cooperative efforts of both state and local governments, the “Model Traffic Code
for Colorado” has been developed to make available a specimen set of motor vehicle and traffic
regulations that track state law.
- 4 -
Section 42-4-105, C.R.S., states that all traffic control devices placed or maintained by local
authorities shall conform to the most recent edition of the federal “Manual on Uniform Traffic
Control Devices” (MUTCD) and the state supplement thereto.
Traffic regulatory areas preempted by state law have not been made part of the Code. Local
governments are urged to bring their traffic ordinances into harmony with the current Code.
Local governments that adopt the Code by reference are cautioned not to make any changes or
additions which are in conflict with state law. However, the adopting local governments are at
liberty to delete any parts, articles, or sections which are deemed to be inapplicable. A specimen
ordinance and specimen public notices for adopting the Code by reference will be found in the
Appendix.
The following official state documents work in tandem to provide a uniform system of traffic
regulation and accepted traffic engineering practices for greater operational efficiency and safety:
• Colorado Revised Statutes (C.R.S.), Title 42, Article 4 - Uniform traffic
code for the State of Colorado. Updated periodically to correlate with
national model legislation.
• Model Traffic Code for Colorado – Model ordinance embodies provisions
of Colorado Law applicable to driving in municipalities and counties in a
form that can be adopted by reference.
• Colorado Drivers Manual – Drivers’ handbooks authorized by Colorado
statute. Issued by the Colorado Department of Revenue (Division of Motor
Vehicles). Traffic control text and illustrations developed by the Colorado
Department of Transportation.
• Manual on Uniform Traffic Control Devices (MUTCD) – Manual of
Federal Highway Administration approved traffic control devices.
Updated periodically and adopted by the Transportation Commission as
required by Colorado Law.
106. Who may restrict right to use highways.
(4.5) (b) (I) A person who operates a motor vehicle or vehicle combination over thirty-
five feet in length on state highway 82 between mile markers 47 and 72 in violation of a closure
under paragraph (a) of this subsection (4.5) is subject to an enhanced penalty as set forth in
section 1701 (4) (a) (I) (F).
(II) A person who operates a motor vehicle or vehicle combination over thirty-five feet in
length on state highway 82 between mile markers 47 and 72 in violation of a closure under
paragraph (a) of this subsection (4.5) where the result of the violation is an incident that causes
the closure of a travel lane in one or both directions, is subject to an enhanced penalty as set forth
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in section 1701 (4)(a)(I)(F).
(6)(a) Local authorities may, within their respective jurisdictions, for the purpose of road
construction and maintenance, temporarily close to through traffic or to all vehicular traffic any
highway or portion thereof for a period not to exceed a specified number of workdays for project
completion and shall, in conjunction with any such road closure, establish appropriate detours or
provide for an alternative routing of the traffic affected when, in the opinion of concerned local
authorities, as evidenced by resolution or ordinance, such temporary closing of the highway or
portion thereof and the rerouting of traffic is necessary for traffic safety and for the protection of
work crews and road equipment. Such temporary closing of the highway or portion thereof and
the routing of traffic along other roads shall not become effective until official traffic control
devices are erected giving notice of the restrictions, and, when such devices are in place, no
driver shall disobey the instructions or directions thereof.
(b) Local authorities, within their respective jurisdictions, may provide for the temporary
closing to vehicular traffic of any portion of a highway during a specified period of the day for
the purpose of celebrations, parades, and special local events or civil functions when in the
opinion of said authorities such temporary closing is necessary for the safety and protection of
persons who are to use that portion of the highway during the temporary closing.
(c) Local authorities shall enter in to agreements with one another for the establishment,
signing and marking of appropriate detours and alternative routes which jointly affect local road
systems and which are necessary to carry out the provisions of paragraphs (a) and (b) of this
subsection (6). Any temporary closing of the street which is a state highway and any rerouting
of state highway traffic shall have the approval of the department before such closing becomes
effective.
(7) A person who violates any provision of this section commits a class B traffic infraction.
107. Obedience to police officers.
Any person who violates any provision of this section commits a class 2 misdemeanor traffic
offense.
109. Low-power scooters, animals, skis, skates, and toy vehicles on highways
(13)(b) Any person who violates subsection (6.5) of this section commits a class A traffic
infraction.
109.5. Low-speed electric vehicles.
(1)(b) Notwithstanding paragraph (a) of this subsection (1), a low-speed electric vehicle
may be operated on a state highway that has a speed limit equal to forty miles per hour or cross
a roadway with a speed limit equal to forty miles per hour to cross at-grade, if:
(I) Such roadway's lane width is eleven feet or greater;
(II) Such roadway provides two or more lanes in either direction; and
(III)The Colorado department of transportation has determined, in consultation with local
government and law enforcement, upon the basis of a traffic investigation, survey, appropriate
design standards, or projected volumes, that the operation of a low-speed electric vehicle on the
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roadway poses no substantial safety risk or hazard to motorists, bicyclists, pedestrians, or other
persons.
109.6. Class B low-speed electric vehicles – effective date -rules
(1) A class B low speed electric vehicle may be operated only on a roadway that has a
speed limit equal to or less than forty-five miles per hour; except that it may be operated to
directly cross a roadway that has a speed limit greater than forty-five miles per hour at an at-
grade crossing to continue traveling along a roadway with a speed limit equal to or less than
forty-five miles per hour.
110. Provisions uniform throughout jurisdiction.
(1) All local authorities may enact and enforce traffic regulations on other roads and
streets within their respective jurisdictions. All such regulations shall be subject to the following
conditions and limitations:
(a) All local governments may enact, adopt, or enforce traffic regulations which cover
the same subject matter as the various sections of this Code or state law and such additional
regulations as are included in section 111, except as otherwise stated in paragraphs (c ) to (e)
(sic) of this subsection (1).
(b) All local authorities may, in the manner prescribed in article 16 of title 31, C.R.S. or
in article 15 of title 30, C.R.S., adopt by reference all or any part of a model traffic code which
embodies the rules of the road and vehicle requirements set forth in this article and such
additional regulations as are provided for in section 111; except that in the case of state highways,
any such additional regulation shall have the approval of the department of transportation.
(c) No local authority shall adopt, enact, or enforce on any street which is a state highway
any ordinance, rule, or resolution which alters or changes the meaning of any of the “rules of the
road” or is otherwise in conflict with the provisions of this article. For the purpose of this section,
the “rules of the road” shall be construed to mean any of the regulations on the operation of
vehicles set forth in this article which drivers throughout the state are required to obey without
the benefit or necessity of official traffic control devices as declared in section 603(2)
(d) In no event shall local authorities have the power to enact by ordinance regulations
governing the driving of vehicles by persons under the influence of alcohol or of a controlled
substance as defined in section 18-18-102(5), C.R.S., or under the influence of any other drug to
a degree that renders any such person incapable of safely operating a vehicle, or whose ability to
operate a vehicle is impaired by the consumption of alcohol or by the use of a controlled
substance as defined in section 18-18-102(5), C.R.S., or any other drug, the registration of
vehicles and the licensing of drivers, the duties and obligations of persons involved in traffic
accidents, and vehicle equipment requirements in conflict with the provisions of this article; but
said local authorities within their respective jurisdictions shall enforce the state laws pertaining
to these subjects, and in every charge of violation the complaint shall specify the section of state
law under which the charge is made and the state court having jurisdiction.
(2) The municipal courts have jurisdiction over violations of traffic regulations enacted
or adopted by municipalities.
(3) No person convicted of or pleading guilty to a violation of a municipal traffic
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ordinance shall be charged or tried in a state court for the same or similar offense.
(4) (a) Any local government located within the program area of the AIR program area
as defined in section 304 may adopt ordinances or resolutions pertaining to the enforcement of
the emissions control inspection requirements set forth in section 310.
(b) An officer coming upon an unattended vehicle in the program area which is in
apparent violation of an ordinance or resolution adopted as authorized in paragraph (a) of this
subsection (4) may place upon such a vehicle a penalty assessment notice indicating the offense
and direction the owner or operator of such vehicle a penalty assessment notice indicating the
offense and directing the owner or operator of such vehicle to remit the penalty assessment as
set forth in such ordinance to the local jurisdiction in whose name the penalty assessment notice
was issued.
(c) The aggregate amount of fines, penalties, or forfeitures collected pursuant to
ordinances or resolutions adopted as authorized in paragraph (a) of this subsection (4) shall be
retained by the local jurisdiction in whose name such penalty notice was issued.
(5) The general assembly declares that the adjudication of class A and class B traffic
infractions through the county court magistrate system was not intended to create a conflict
between the provisions of this article and municipal ordinances covering the same subject matter
as this article nor was it intended to require or prohibit the decriminalization of municipal
ordinances covering the same subject matter as this article. Municipalities may continue to
enforce violations of such ordinances through municipal court even though similar state offenses
are enforced through the magistrate system established under this article.
(6) (a) The general assembly hereby finds that the use of automated driving systems will
help people who may have difficulty driving, including people who are elderly and people with
disabilities, gain access to goods and services essential to daily life. This access requires traveling
across and in multiple jurisdictions. Therefore, the regulation of automated driving systems is a
matter of statewide concern.
(b) A state agency or a political subdivision of the state shall not adopt or enforce a policy,
rule, or ordinance that sets standards for an automated driving system that are different from the
standards set for a human driver.
110.5. Automated vehicle identification systems – definition.
(1) The general assembly hereby finds and declares that the enforcement of traffic laws
through the use of automated vehicle identification systems under this section is a matter of
statewide concern and is an area in which uniform state standards are necessary.
(1.5) Except as set out in (1.7), nothing in this section shall apply to a violation detected
by an automated vehicle identification device for driving twenty-five miles per hour or more in
excess of the reasonable and prudent speed or twenty-five miles per hour or more in excess of
the maximum speed limit of seventy-five miles per hour detected by the use of an automated
vehicle identification device.
(1.7)(a) An automated vehicle identification system shall not be used under this subsection
(1.7) unless maintenance, repair, or construction is occurring at the time the system is being used.
(2) A local authority may adopt an ordinance authorizing the use of an automated vehicle
identification system to detect violations of traffic regulations adopted by the municipality or the
local authority may utilize an automated vehicle identification system to detect traffic violations
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under state law, subject to the following conditions and limitations:
(a) (I) (Deleted by amendment, L. 2002, p. 570, § 1, effective May 24, 2002.
(II) If a local authority detects any alleged violation of a local traffic regulation or traffic
violation under state law through the use of an automated vehicle identification system, then the
state, county, city and county or municipality shall serve the penalty assessment notice or
summons and complaint for a violation detected using an automated vehicle on the defendant no
later than ninety days after the alleged violation occurred. If a penalty assessment notice or
summons and complaint for a violation detected using an automated vehicle identification system
is personally served, the state, a county, a city and county, or a municipality may only charge the
actual costs of service of process that shall be no more than the amount usually charged for civil
service of process.
111. Powers of Local Authorities.
(1) Except as otherwise provided in subsection (2) of this section, this article does not
prevent local authorities, with respect to streets and highways under their jurisdiction and within
the reasonable exercise of the police power, from:
a) Regulating or prohibiting the stopping, standing, or parking of vehicles,
consistent with the provisions of this article;
b) Establishing parking meter zones where it is determined upon the basis of
an engineering and traffic investigation that the installation and operation of parking
meetings is necessary to aid in the regulation and control of the parking of vehicles during
the hours and on the days specified on parking meter signs;
c) Regulating traffic by means of police officers or official traffic control
devices, consistent with the provisions of this article;
d) Regulating or prohibiting processions or assemblages on the highways,
consistent with the provisions of this article;
e) Designating particular highways or roadways for use by traffic moving in
one direction, consistent with the provisions of this article;
f) Designating any highway as a through highway or designating any
intersection as a stop or yield intersection, consistent with the provisions of this article;
g) Designating truck routes and restricting the use of highways, consistent with
the provisions of this article;
h) Regulating the operation of bicycles or electrical assisted bicycles and
requiring the registration and licensing of same, including the requirement of a registration
fee, consistent with the provisions of this article;
i) Altering or establishing speed limits, consistent with the provisions of this
article;
j) Establishing speed limits for vehicles in public parks, consistent with the
provisions of this article;
k) Determining and designating streets, parts of streets, or specific lanes
thereon upon which vehicular traffic shall proceed in one direction during one period and
the opposite direction during another period of the day, consistent with the provisions of
this article;
l) Regulating or prohibiting the turning of vehicles, consistent with the
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provisions of this article;
m) Designating no-passing zones, consistent with the provisions of this article;
n) Prohibiting or regulating the use of controlled-access roadways by
nonmotorized traffic or other kinds of traffic, consistent with the provisions of this Code;
o) Establishing minimum speed limits, consistent with the provisions of this
Code;
p) Designating hazardous railroad crossings, consistent with the provisions of
this Code;
q) Designating and regulating traffic on play streets, consistent with the
provisions of this article;
r) Prohibiting or restricting pedestrian crossing, consistent with the provisions
of this Code;
s) Regulating the movement of traffic at school crossings by official traffic
control devices or by duly authorized school crossing guards, consistent with the provisions
of the Code;
t) Regulating persons propelling push carts;
u) Regulating persons upon skates, coasters, sleds, or similar devices,
consistent with the provisions of this Code;
v) Adopting such temporary or experimental regulations as may be necessary
to cover emergencies or special conditions;
w) Adopting such other traffic regulations as are provided for by this article;
x) Closing a street or portion thereof temporarily and establishing appropriate
detours or an alternative routing for the traffic affected, consistent with the provisions of
this article;
y) Regulating the local movement of traffic or the use of local streets where
such is not provided for in that article;
z) Regulating the operation of low-powered scooters, consistent with the
provisions of this article; except that local authorities shall be prohibited from establishing
any requirements for the registration and licensing of low powered scooters;
aa) Regulating the operation of low-speed electric vehicles, including, without
limitation, establishing a safety inspection program, on streets and highways under their
jurisdiction by resolution or ordinance of the governing body, if such regulation is
consistent with this Code;
bb) Authorizing and regulating the operation of golf cars on roadways by
resolution or ordinance of the governing body, if the authorization or regulation is
consistent with this title and does not authorize:
(I) An unlicensed driver of a golf car to carry a passenger who is under
twenty-one years of age;
(II) Operation of a golf car by a person under sixteen years of age; or
(III) Operation of a golf car on a state highway; except that the
ordinance or resolution may authorize a person to drive a golf car directly across
a state highway at an at- grade sidewalk, bike path, or pedestrian path consistent
with section 42-4-117(I) and (3), C.R.S.;
cc) Authorizing, prohibiting, or regulating the use of an EPAMD on a roadway,
sidewalk, bike path, or pedestrian path consistent with section 117(1) and (3);
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dd) Authorizing the use of the electrical motor on an electrical assisted bicycle
on a bike or pedestrian path;
ee) Enacting the idling standards in conformity with section 42-14-103, C.R.S.
(2)(a) An ordinance or regulation enacted under paragraph (a), (b), (e), (f), (g), (i), (j), (k),
(l), (m), (n ), (o), (p), (q), (r ), (v), (x), (y), (aa), or (cc) of subsection (1) of this section may not
take effect until official signs or other traffic control devices conforming to standards as
required by section 42-4-602, C.R.S., and giving notice of the local traffic regulations are placed
upon or at the entrances to the highway or part thereof affected as may be most appropriate.
(b) Subsection (1) of this section does not authorize a local authority to regulate or
authorize the use of vehicles and motor vehicles on the state highway system that is subject to
section 43- 2-135, C.R.S., except in at-grade crossings where the roadway subject to the local
authority’s jurisdiction crosses the state highway. The local authority may regulate vehicles
within such crossings only to the extent necessary to effect the local authority’s power to regulate
the roadway under the local authority’s jurisdiction and only if the regulation or authorization
does not interfere with the normal operation of the state highway.
(3)(a) A board of county commissioners may by resolution authorize the use of designated
portions of unimproved county roads within the unincorporated portion of the county for motor
vehicles participating in timed endurance events and for such purposes shall make such
regulations relating to the use of such roads and the operation of vehicles as are consistent with
public safety in the conduct of such event and with the cooperation of county law enforcement
officials.
(b) Such resolution by a board of county commissioners and regulations based thereon
shall designate the specific route which may be used in such event, the time limitations imposed
upon such use, any necessary restrictions in the use of such route by persons not participating in
such event, special regulations concerning the operation of vehicles while participating in such
event in which case any provisions of this article to the contrary shall not apply to such event,
and such requirements concerning the sponsorship of any such event as may be reasonably
necessary to assure adequate responsibility therefor.
202. Unsafe vehicles – penalty – identification plates.
(4)(a) Upon its approval, the department of revenue shall issue an identification plate for
each vehicle, motor vehicle, trailer, or item of special mobile machinery, or similar implement
of equipment, used in any type of construction business which shall, when said plate is affixed,
exempt any such item of equipment, machinery, trailer, or vehicle from all or part of this section
and sections 204 to 231 of this Code.
(b) The department of revenue is authorized to promulgate written rules and regulations
governing the application for, issuance of, and supervision, administration, and revocation of
such identification plates and exemption authority and to prescribe the terms and conditions
under which said plates may be issued for each item as set forth in paragraph (a) of this subsection
(4), and the department of revenue, in so doing, shall consider the safety of users of the public
streets and highways and the type, nature, and use of such items set forth in paragraph of this
subsection (4) for which exemption is sought.
(c) Each exempt item may be moved on the roads, streets, and highways during daylight
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hours and at such time as vision is not less than five hundred feet. No cargo or supplies shall be
hauled upon such exempt item except cargo and supplies used in normal operation of any such
item.
(d) The identification plate shall be of a size and type designated and approved by the
department. A fee of one dollar shall be charged and collected by the department for the issuance
of each such identification plate. All such fees so collected shall be paid to the state treasurer
who shall credit the same to the highway users tax fund for allocation and expenditure as
specified in section 43-4-205(5.5)(b), C.R.S.
(e) Each such identification plate shall be issued for a calendar year. Application for such
identification plates shall be made by the owner, and such plates shall be issued to the owner of
each such item described in paragraph (a) of this subsection (4). Whenever the owner transfers,
sells, or assigns the owner's interest therein, the exemption of such item shall expire and the
owner shall remove the identification plate therefrom and forward the same to the department of
revenue.
(f) An owner shall report a lost or damaged identification plate to the department of
revenue, and, upon application to and approval by the department of revenue, the department
shall issue a replacement plate upon payment to it of a fee of fifty cents.
(g) Notwithstanding the amount specified for any fee in this subsection (4), the executive
director of the department of revenue by rule or as otherwise provided by law may reduce the
amount of one or more of the fees if necessary pursuant to section 24-75-402(3), C.R.S., to reduce
the uncommitted reserves of the fund to which all or any portion of one or more of the fees is
credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive
director of the department of revenue by rule or as otherwise provided by law may increase the
amount of one or more of the fees as provided in section 24-75-402(4), C.R.S.
215.5. Signal lamps and devices – street rod vehicles and custom motor vehicles.
(1) As used in this section, unless the context otherwise requires:
(a) “Blue dot tail light” means a red lamp installed in the rear of a motor vehicle containing
a blue or purple insert that is not more than one inch in diameter.
(b) Repealed.
(2) A street rod vehicle or custom motor vehicle may use blue dot tail lights for stop lamps,
rear turning indicator lamps, rear hazard lamps, and rear reflectors. Such lamps shall comply
with all requirements provided in this Code other than color requirements.
221. Bicycle and personal mobility device equipment.
(9)(a) On or after January 1, 2018, every manufacturer or distributor of new electrical
assisted bicycles intended for sale or distribution in this state shall permanently affix to each
electrical assisted bicycle, in a prominent location, a label that contains the classification number,
top assisted speed, and motor wattage of the electrical assisted bicycle. The label must be printed
in the Arial font in at least nine-point type.
(b) A person shall not knowingly modify an electrical assisted bicycle so as to change the
speed capability or motor engagement of the electrical assisted bicycle without also appropriately
replacing, or causing to be replaced, the label indicating the classification required by subsection
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(9)(a) of this section.
(10) (a) An electrical assisted bicycle must comply with the equipment and
manufacturing requirements for bicycles adopted by the United States consumer product safety
commission and codified at 16 CFR 1512 or its successor regulation.
(b) A class 2 electrical assisted bicycle must operate in a manner so that the electric motor
is disengaged or ceases to function when the brakes are applied. Class 1 and class 3 electrical
assisted bicycles must be equipped with a mechanism or circuit that cannot be bypassed and that
causes the electric motor to disengage or cease to function when the rider stops pedaling.
(c) A class 3 electrical assisted bicycle must be equipped with a speedometer that
displays, in miles per hours, the speed the electrical assisted bicycle is traveling.
227. Windows unobstructed – certain materials prohibited – windshield wiper
requirements
(II) The provisions of this paragraph (a) shall not apply to the windows to the rear of the
driver, including the rear window, on any motor vehicle; however, if such windows allow less
than twenty-seven percent light transmittance, then the front side windows and the windshield
on such vehicles shall allow seventy percent light transmittance.
(III) A law enforcement vehicle may have its windows, except the windshield, treated in
such a manner so as to allow less than twenty-seven percent light transmittance only for the
purpose of providing a valid law enforcement service. A law enforcement vehicle with such
window treatment shall not be used for any traffic law enforcement operations, including
operations concerning any offense in this article. For purposes of this subparagraph (III), “law
enforcement vehicle” means a vehicle owned or leased by a state or local law enforcement
agency. The treatment of the windshield of a law enforcement vehicle is subject to the limits
described in paragraph (b) of this subsection (1).
232. Minimum safety standards for motorcycles and low-power scooters
(1)(b) A person driving or riding a motorcycle need not wear eye protection if the
motorcycle has:
(I) Three wheels;
(II) A maximum design speed of twenty-five miles per hour or less;
(III) A windshield; and
(IV) Seat belts.
(2) The department shall adopt standards and specifications for the design of goggles and
eyeglasses.
235. Minimum standards for commercial vehicles – repeal
(2)(b)(IV) This section does not apply to a motor vehicle or motor vehicle and trailer
combination:
(A) With a gross vehicle weight, gross vehicle weight rating, or gross combination rating
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of less than twenty-six thousand one pounds;
(B) Not operated in interstate commerce;
(C) Not transporting hazardous materials requiring placarding;
(D) Not transporting either sixteen or more passengers including the driver or eight or
more passengers for compensation; and
(E) If the motor vehicle or combination is being used solely for agricultural purposes.
(4)(a)(I) The chief of the Colorado state patrol shall adopt rules for the operation of all
commercial vehicles and, as specified in subsection (4)(a)(II) of this section, vehicles that would
be commercial vehicles but for the fact that they have a manufacturer’s gross vehicle weight
rating or gross combination rating of ten thousand one pounds or more but not more than sixteen
thousand pounds. In adopting such rules, the chief shall use as general guidelines the standards
contained in the current rules and regulations of the United States department of transportation
relating to safety regulations, qualifications of drivers, driving of motor vehicles, parts and
accessories, notification and reporting of accidents, hours of service of drivers, inspection,
repair and maintenance of motor vehicles, financial responsibility, insurance, and employee
safety and health standards; except that rules regarding financial responsibility and insurance
do not apply to a commercial vehicle as defined in subsection (1) of this section that is also
subject to regulation by the public utilities commission under article 10.1 of title 40, C.R.S. On
and after September 1, 2003, all commercial vehicle safety inspections conducted to determine
compliance with rules promulgated by the chief pursuant to this paragraph (a) must be
performed by an enforcement official, as defined in section 42-20-103(2), C.R.S., who has been
certified by the commercial vehicle safety alliance, or any successor organization thereto, to
perform level I inspections.
(II) With respect to the operation of all vehicles that would be commercial vehicles but for
the fact that they have a manufacturer’s gross vehicle weight rating or gross combination rating
of ten thousand one pounds or more but not more than sixteen thousand pounds, the chief of the
Colorado state patrol may adopt rules that authorize the Colorado state patrol to:
(A) Annually inspect these vehicles;
(B) Enforce with respect to these vehicles all requirements for the securing of loads that
apply to commercial vehicles; and
(C) Enforce with respect to these vehicles all requirements relating to the use of coupling
devices for commercial vehicles.
(4)(b) The Colorado public utilities commission may enforce safety rules of the chief of the
Colorado state patrol governing commercial vehicles described in subparagraphs (I) and (II) of
paragraph (a) of subsection (1) of this section pursuant to his or her authority to regulate motor
carriers, as defined in section 40-10.1-101, C.R.S., including the issuance of civil penalties for
violations of such rules as provided in section 40-7-113, C.R.S.
236. Safety belt systems- mandatory use- exemptions -penalty
(1)(a.3) “Child booster seat” means a child passenger restraint system that meets the federal
motor vehicle safety standards set forth in section 49 CFR 571.213, as amended, that is designed
to elevate a child to properly sit in a federally approved safety belt system.
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(a.7) “Child safety belt-positioning device” means a device that positions a safety belt
around a child in a manner that safely restrains such child in a seating position that conforms to all
applicable federal motor vehicle safety standards.
(1) (a.8) "Motor vehicle" means a passenger car; a pickup truck; or a van, minivan, or sport
utility vehicle with a gross vehicle weight rating of less than ten thousand pounds. "Motor vehicle"
does not include motorcycles that are not autocycles, low-power scooters, motorscooters,
motorbicycles, motorized bicycles, and farm tractors and implements of husbandry designed
primarily or exclusively for use in agricultural operations.
(2) (a) (I) Unless exempted pursuant to subsection (3) of this section, and except as
otherwise provided in subparagraphs (II) and (III) of this paragraph (a), every child who is under
eight years of age and who is being transported in this state in a motor vehicle or in a vehicle
operated by a child care center, shall be properly restrained in a child restraint system according
to the manufacturer’s instructions:
(II) If the child is less than one year of age and weighs less than twenty pounds, the child
shall be properly restrained in a rear-facing child restraint system in a rear seat of the vehicle.
(III) If the child is one year of age or older, but less than four years of age, and weighs less
than forty pounds, but at least twenty pounds, the child shall be properly restrained in a rear- facing
or forward- facing child restraint system.
(b) Unless excepted pursuant to subsection (3) of this section, every child, who is at least
eight years of age but less than sixteen years of age who is being transported in this state in a motor
vehicle or in a vehicle operated by a child care center, shall be properly restrained in a safety belt
or child restraint system according to the manufacturer's instructions.
(c) If a parent is in the motor vehicle, it is the responsibility of the parent to ensure that his
or her child or children are provided with and that they properly use a child restraint system or
safety belt system. If a parent is not in the motor vehicle, it is the responsibility of the driver
transporting a child or children, subject to the requirements of this section, to ensure that such
children are provided with and that they properly use a child restraint system or safety belt system.
(3) Except as provided in section 42-2-105.5(4), C.R.S., the requirements of subsection (2)
of this section shall not apply to a child who:
(a) Is being transported in a motor vehicle that is operated in the business of transporting
persons for compensation or hire by or on behalf of a common carrier or a contract carrier as those
terms are defined in section 40-10.1-101, C.R.S., or an operator of a luxury limousine service as
defined in section 40-10.1-301, C.R.S.
(9) No driver in a motor vehicle shall be cited for a violation of subparagraph (I) of
paragraph (b) of subsection (2) of this section unless such driver was stopped by a law enforcement
officer for an alleged violation of Codes 1 to 4 of this title other than a violation of this section or
section 237.
239. Misuse of a wireless telephone – definitions – penalty – preemption
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(3) A person shall not use a wireless telephone for the purpose of engaging in text messaging
or other similar forms of manual data entry or transmission while operating a motor vehicle.
(5.5) (a) Except as provided in subsections (5.5)(b) and (5.5)(c) of this section, a person
who operates a motor vehicle in violation of subsection (3) of this section commits a class 2
misdemeanor traffic offense, and the court or the department shall assess a fine of three hundred
dollars.
(b) If the person’s actions are the proximate cause of bodily injury to another, the person
commits a class 1 misdemeanor traffic offense and shall be punished as provided in section 42-4-
1701(3)(a)(II), C.R.S.
(c) If the person’s actions are the proximate cause of death to another, the person commits
a class 1 misdemeanor traffic offense and shall be punished as provided in section 42-4-
1701(3)(a)(II), C.R.S.
241. Unlawful removal of tow-truck signage - unlawful usage of tow-truck signage.
(1)(a) A person, other than a towing carrier or peace officer as described in section 16-
2.5-101, C.R.S., commits the crime of unlawful removal of tow-truck signage if:
(I) A towing carrier has placed a tow-truck warning sign on the driver-side window of
a vehicle to be towed or, if window placement is impracticable, in another location on the
driver- side of the vehicle; and
(II) The vehicle to be towed is within fifty feet of the towing carrier vehicle; and
(III) The person removes the tow-truck warning sign from the vehicle before the tow
is completed.
(b) A person commits the crime of unlawful usage of tow-truck signage if the
person places a tow-truck warning sign on a vehicle when the vehicle is not in the process
of being towed or when the vehicle is occupied.
(c) A towing carrier may permit an owner of the vehicle to be towed to retrieve
any personal items from the vehicle before the vehicle is towed.
(2) A person who violates subsection (1) of this section commits a class 3
misdemeanor.
(3) For purposes of this section, "tow-truck warning sign" means a sign that is at
least eight inches by eight inches, is either yellow or orange, and states the following:
WARNING: This vehicle is in tow. Attempting to operate or
operating this vehicle may result in criminal prosecution and
may lead to injury or death to you or another person.
242. Automated driving systems – safe harbor.
(1) A person may use an automated driving system to drive a motor vehicle or to
control a function of a motor vehicle if the system is capable of complying with every state
and federal law that applies to the function that the system is operating.
(2) Any provision in articles 1 to 3 of title 42 and article 4 that by its nature regulates
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a human driver, including section 42-2-101, C.R.S., does not apply to an automated driving
system, except for laws regulating the physical driving of a vehicle.
(3) (a) If an automated driving system is not capable of complying with every state and
federal law that applies to the function the system is operating, a person shall not test the
system unless approved by the Colorado state patrol and the Colorado department of
transportation, in accordance with a process overseen by the Colorado state patrol and the
Colorado department of transportation.
(b) A person who violates this subsection (3) commits a class B traffic infraction. Upon
determining that there is probable cause to believe that a motor vehicle was used to violate this
subsection (3), a peace officer of the state patrol may impound or immobilize the motor vehicle
until the person who violated this section has obtained the required approval in accordance
with subsection (3)(a) of this section or signed an affidavit, under penalty of perjury, stating
the person’s intention to cease using the automated driving system in Colorado without the
required approval.
(4) The Colorado department of transportation shall report to the transportation
legislation review committee by September 1 of each year, concerning the testing of
automated driving systems in Colorado. The first report is due by September 1, 2018.
Notwithstanding the provisions of section 24-1-136, the reporting requirements contained in
this subsection (4) continued indefinitely.
(5) Liability for a crash involving an automated driving system driving a motor
vehicle that is not under human control is determined in accordance with applicable state
law, federal law, or common law.
504. Height and length of vehicles.
(1) No vehicle unladen or with load shall exceed a height of fourteen feet six inches.
The department of transportation shall designate highways with overhead highway structures
that have less than fourteen feet six inches of vertical clearance. A driver shall not drive a vehicle
under a structure if the vehicle’s height exceeds the department’s designated vertical clearance
for the structure.
508. Gross weight of vehicles and loads.
(2) The department upon registering any vehicle under the laws of this state, which
vehicle is designed and used primarily for the transportation of property or for the
transportation of ten or more persons, may acquire such information and may make such
investigation or tests as necessary to enable it to determine whether such vehicle may safely
be operated upon the highways in compliance with all the provisions of this article. The
department shall not register any such vehicle for a permissible gross weight exceeding the
limitations set forth in sections 501 to 512 and 1407 of this Code. Every such vehicle shall
meet the following requirements:
(a) It shall be equipped with brakes as required in section 223;
(b) Every motor vehicle to be operated outside of business and residential district shall
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have motive power adequate to propel at a reasonable speed such vehicle and any load thereon
or be drawn thereby.
(3) If the federal highway administration or the United States congress prescribes or
adopts vehicle size or weight limits greater than those now prescribed by the “Federal-Aid
Highway Act of 1956”, which limits exceed in full or in part the provisions of section 504 or
paragraph (b) or (c) of subsection (1) of this Code, the transportation commission, upon
determining that Colorado highways have been constructed to standards which will
accommodate such additional size or weight and that the adoption of said size and weight
limitations will not jeopardize any distribution of federal highway funds to the state, may
adopt size and weight limits comparable to those prescribed or adopted by the federal highway
administration or the United States congress and may authorize said limits to be used by
owners or operators of vehicles while said vehicles are using highways within this state; but
no vehicle size or weight limit so adopted by the commission shall be less in any respect than
those now provided for in section 504 or paragraph (b) or (c) of subsection (1) of this section.
(4) Any person who drives a vehicle or owns a vehicle in violation of any provision
of this section commits a class 2 misdemeanor traffic offense.
510. Permits for excess size and weight and for manufactured homes – rules.
(8) The department of transportation shall have a procedure to allow those persons who are
transporting loads from another state into Colorado and who would require a permit under the
provisions of this section to make advance arrangements by telephone or other means of
communication for the issuance of a permit if the load otherwise complies with the requirements
of this section.
(9) No permit shall be necessary for the operation of authorized emergency vehicles, public
transportation vehicles operated by municipalities or other political subdivisions of the state,
county road maintenance and county road construction equipment temporarily moved upon the
highway, implements of husbandry, and farm tractors temporarily moved upon the highway,
including transportation of such tractors or implements by a person dealing therein to such person's
place of business within the state or to the premises of a purchaser or prospective purchaser within
the state; nor shall such vehicles or equipment be subject to the size and weight provisions of this
part 5.
(10) Local law enforcement officials shall verify the validity of permits issued under this
section whenever feasible. Upon determination by any of such officials or by any personnel of a
county assessor's or county treasurer's office indicating that a manufactured home has been moved
without a valid permit, the district attorney shall investigate and prosecute any alleged violation as
authorized by law.
(11) (a) Any local authority may impose a fee, in addition to but not to exceed the following
amounts:
(I) (I) For overlength, overwidth, and overheight permits on loads or vehicles which do not
exceed legal weight limits:
(A) Annual permit, two hundred fifty dollars;
(B) Single trip permit, fifteen dollars;
(II) Not applicable.
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(III) For overweight permits for vehicles or loads exceeding legal weight limits up to two
hundred thousand pounds:
(A) Annual permit, four hundred dollars;
(B) Single trip permit, fifteen dollars plus five dollars per axle;
(C) Annual fleet permits, one thousand five hundred dollars plus twenty-five dollars per
vehicle to be permitted. For purposes of this sub-subparagraph (C), "fleet" means any group of
two or more vehicles owned by one person. This sub-subparagraph (C) shall apply only to longer
vehicle combinations as defined in section 505.
(c) Any local authority may impose a fee for a special permit for structural, oversize, or
overweight moves requiring extraordinary action or moves involving weight in excess of two
hundred thousand pounds, except that a super-load permit fee is four hundred dollars, the amount
of the fee shall not exceed the actual cost of the extraordinary action.
(12) (a) Any person holding a permit issued pursuant to this section or any person operating
a vehicle pursuant to such permit who violates any provision of this section, any ordinance or
resolution of a local authority, or any standards or rules or regulations promulgated pursuant to
this section, except the provisions of subparagraph (IV) of paragraph (b) of subsection (2) of this
section, commits a class 2 misdemeanor traffic offense.
(b) Any person who violates the provisions of subparagraph (IV) of paragraph (b) of
subsection (2) of this section commits a class 2 petty offense and, upon conviction thereof, shall
be fined two hundred dollars; except that, upon conviction of a second or subsequent such offense,
such person commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-
501, C.R.S.
(c) A local authority with regard to a local permit may, after a hearing, revoke, suspend,
refuse to renew, or refuse to issue any permit authorized by this section upon a finding that the
holder of the permit has violated the provisions of this section, any ordinance or resolution of the
local authority, or any standards or rules promulgated pursuant to this section.
705. Operation of vehicle approached by emergency vehicle – operation of vehicle
approaching stationary emergency vehicle
(3) (b) (I) Except as otherwise provided in subsection (3)(b)(II) and (3)(b)(III) of this
section, any person who violates subsection (2), (2.5), or (2.6) of this section commits careless
driving as described in 42-4-1402, C.R.S.
(II) If the person violates subsection (2) of this section and the person’s actions are the
proximate cause of bodily injury to another person, the person commits a class 1 misdemeanor
and shall be punished as described in section 18-1.3-501.
(III) If the person violations subsection (2) of this section and the person’s actions are the
proximate cause of the death of another person, the person commits a class 6 felony and shall be
punished as described in section 18-1.3-401.
712. Driving in highway work area
(3) Local road authorities, within their respective jurisdictions and in cooperation with law
enforcement agencies, may train and appoint adult civilian personnel for special traffic duty as
highway flagpersons within any highway maintenance or construction work area. Whenever such
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duly authorized flagpersons are wearing the badge, insignia, or uniform of their office, are engaged
in the performance of their respective duties, and are displaying any official hand signal device of
a type and in the manner prescribed in the adopted state traffic control manual or supplement
thereto for signaling traffic in such areas to stop or to proceed, no person shall willfully fail or
refuse to obey the visible instructions or signals so displayed by such flagpersons. Any alleged
willful failure or refusal of a driver to comply with such instructions or signals, including
information as to the identity of the driver and the license plate number of the vehicle alleged to
have been so driven in violation, shall be reported by the work area supervisor in charge at the
location to the district attorney for appropriate penalizing action in a court of competent
jurisdiction.
1007. Driving on roadways laned for traffic
(2)(a) The department of transportation may designate with signage an area on a
roadway not otherwise laned for traffic for use by commercial vehicles, as defined in section
235(1)(a), that are designed to transport sixteen or more passengers, including the driver, and that
are operated by a governmental entity or government-owned business that transports the general
public or by a contractor on behalf of such an entity or government-owned business. Use of such
an area is limited to vehicles authorized by the department operating under conditions of use
established by the department but, subject to the conditions of use, the driver of an authorized
vehicle has sole discretion to decide whether or not to drive on such an area based on the driver’s
assessment of the safety of doing so. The department shall consult with the Colorado state patrol
before granting authorization for the use of the area and establishing conditions of use. The
department shall impose, and each authorized user shall acknowledge, the conditions for use by
written agreement, and the department need not note the conditions of use in roadway signage.
An authorized user does not violate this section or section 1004 when operating in accordance
with the conditions of use for an area imposed by the department and acknowledged by the user
in a written agreement.
(b) The department of transportation shall work with local governmental agencies in
implementing the provisions of this subsection (2).
1102. Altering of speed limits.
(4) No alteration of speed limits on state highways within cities, cities and counties, and
incorporated towns is effective until it has been approved in writing by the department of
transportation. Upon the request of any incorporated city or town, the department of transportation
shall conduct any traffic investigation or survey that is deemed to be warranted for determination
of a safe and reasonable speed limit on any street or portion thereof that is a state highway. In
conducting such a traffic investigation, the department may receive and consider traffic and
engineering data provided by the city or county engineer of any requesting local government that
will be impacted by a proposed alteration of speed limits. Any speed limit so determined by the
department becomes effective when declared by the local authority and made known by official
signs conforming to the state traffic control manual.
1203. Ski areas to install signs
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(1) Colorado ski areas shall install traffic control signs as provided in this section on
both sides of that segment of every highway which is within one mile of and which leads to the
recognized entrances to the ski area parking lots if it is found that:
(a) The ski area has insufficient parking capacity as evidenced by the practice of parking
by motor vehicles on such highways; and
(b) Such parking constitutes a hazard to traffic or an obstacle to snow removal or the
movement or passage of emergency equipment.
(2) The findings required by subsection (1) of this section shall be made by the
department of transportation for the state highway system, by the chairman of the board of
county commissioners for county roads, and by the chief executive officer of a municipality for
a municipal street system. Such findings shall be based upon a traffic investigation.
(3) Such signs shall conform to any and all specifications of the department of
transportation adopted pursuant to section 42-4-601, C.R.S. All such signs shall contain a
statement that there is no parking allowed on a highway right-of-way so as to obstruct traffic or
highway maintenance and that offending vehicles will be towed away.
1206. Unattended motor vehicle – definitions
(3) The use or operation of a remote starter system and adequate security measures
is sufficient to comply with subsection (1) of this section.
(4) As used in this section:
(a) "Adequate security measures" includes, but is not limited to:
(I) Using a vehicle that requires a key to put the vehicle into gear and move the vehicle;
(II) Keeping a keyless start fob out of proximity of the vehicle; or
(III) Employing steering wheel security devices.
(b) "Remote starter system" means a device installed in a motor vehicle that allows
the engine of the vehicle to be started by remote or radio control.
(5) Nothing in this section preempts or otherwise impairs the power of local authorities
to enforce or enact ordinances or resolutions concerning time limits on the idling of motor
vehicles on or before August 10, 2017.
1208. Parking privileges for persons with disabilities – applicability – rules.
(1) Definitions. As used in this section:
(a) “Disability” or “disabled” has the same meaning as set forth in section 42-3-204,
C.R.S.
(b) “Holder” means a person with a disability who has lawfully obtained an identifying
plate or placard.
(c) “Identifying figure” has the same meaning as set forth in section 42-3-204, C.R.S.
(d) “Identifying placard” has the same meaning as set forth in section 42-3-204, C.R.S.
(e) “Identifying plate” has the same meaning as set forth in section 42-3-204, C.R.S.
(f) “Professional” has the same meaning as set forth in section 42-3-204, C.R.S.
(f.5) “Remuneration-exempt identifying placard” has the same meaning as set forth in
42-3-204, C.R.S.(g) "Reserved parking" means a parking space reserved for a person with a
disability.
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(2) Use of plate or placard.
(a) A person with a disability may use reserved parking on public property or private
property if the person displays an identifying plate or placard while using reserved parking.
(b) When an identifying placard is used for reserved parking, the driver of the parked
motor vehicle shall ensure that the front of the identifying placard is legible and visible through
the windshield when viewed from outside the vehicle. The driver shall hang the placard from the
rear-view mirror unless a rear-view mirror is not available or the individual is physically unable
to hang the placard from the rear-view mirror. If the tag is not hung from the rear-view mirror,
the driver shall display it on the dashboard.
(c) A person with a disability who is a resident of a state other than Colorado may use
reserved parking in Colorado if the motor vehicle displays an identifying plate or placard issued
by a state other than Colorado, and if:
(I) The identifying plate or placard is currently valid in the state of issuance and meets
the requirements of 23 CFR 1235; and
(II) The holder has not been a resident in Colorado for more than ninety days.
(d) A motor vehicle with an identifying plate or a placard may be parked in public parking
areas along public streets or in private parking lots regardless of any time limitation imposed
upon parking in the area; except that a jurisdiction may specifically limit reserved parking on
any public street to no less than four hours. To limit reserved parking, the jurisdiction must
clearly post the appropriate time limits in the area. The ability to park notwithstanding parking
limitations does not apply to areas in which:
(I) Stopping, standing, or parking of all vehicles is prohibited;
(II) Only special vehicles may be parked; or
(III) Parking is not allowed during specific periods of the day in order to accommodate
heavy traffic.
(e) (I) The owner of public or private property may request the installation of official
signs or pavement markings identifying reserved parking spaces. The request operates as a
waiver of any objection the owner may assert concerning enforcement of this section by a peace
officer. An officer may enforce this section on private property notwithstanding any provision of
law to the contrary.
(II) (A) The number and placement of accessible parking spaces should meet or exceed
section 1106 of chapter 11 of the 2012 (second printing) version of the international building
code, or any succeeding standard, published by the international code council.
(B) The technical standards for accessible parking spaces should meet or exceed section
502, or any successor section, of the “Accessible and Useable Buildings and Facilities” standard,
or any succeeding standard, promulgated and amended from time to time by the international
code council (commonly cited as ICC/ANSI A117.1).
(C) Access aisles should post "Wheelchair Access Aisle Absolutely No Parking" sign,
which blocks neither the access aisle nor accessible routes.
(D) The technical standards for post- or wall-mounted signs indicating accessible parking
spaces and van-accessible parking spaces should meet or exceed section 2B.46 concerning
parking, standing, and stopping signs and section 2B.47 concerning design of parking, standing,
and stopping of the 2009 version of the manual on uniform traffic control devices, or any
succeeding standard, published by the United States federal highway administration.
(III) The owner of real property with multiple-family dwellings affixed and with reserved
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parking shall retain the reserved parking as commonly owned for the tenants, owners, or visitors
of the individual units within the dwellings. This subparagraph (III) does not prohibit the sale of
all commonly owned property so long as the reserved parking is not severed from the other
elements.
(IV) A person shall not impose restrictions on the use of disabled parking unless
specifically authorized by a statute of Colorado and a resolution of or ordinance of a political
subdivision of Colorado and notice of the restriction is prominently posted by a sign clearly
visible at the parking space.
(3) Misuse of reserved parking.
(a) A person without a disability shall not park in a parking space on public or private
property that is clearly identified by an official sign or by visible pavement markings as being
reserved parking or as being a passenger loading zone unless:
(I) The person is parking the vehicle for the direct benefit of a person with a disability to
enter or exit the vehicle while it is parked in the reserved parking space; and
(II) An identifying plate or placard obtained under or authorized by section 42-3-204,
C.R.S., is displayed in or on the vehicle if the license plate or placard is currently valid or has
expired less than one month before the day the person used the reserved parking.
(a.5) A person shall not, while parked in a parking space that requires remuneration,
display a remuneration-exempt identifying placard that is not issued to the person. A person
who possesses a remuneration-exempt identifying placard shall not allow another person to use
the placard to park in a parking space that requires remuneration.
(b) (I) A person, after using a reserved parking space that has a time limit, shall not
switch motor vehicles or move the motor vehicle to another reserved parking space within
one hundred yards of the original parking space within the same eight hours in order to
exceed the time limit.
(II) (A) Parking in a time-limited reserved parking space for more than three hours for
at least three days a week for at least two weeks creates a rebuttable presumption that the
person is violating this paragraph (b).
(B) This subparagraph (II) does not apply to privately owned parking spaces.
(c) A person shall not use reserved parking for a commercial purpose unless:
(I) The purpose relates to transacting business with a business the reserved parking
is intended to serve; or
(II) The owner of private property consents to allow the use.
(d) (I) An employee of an entity shall not use an identifying placard issued to the
entity unless the employee is transporting persons with disabilities.
(II) For a violation of this paragraph (d), the chief operations officer within Colorado
of the entity to whom the placard or plate was issued and the offending employee are each
subject to the penalties in section 42-4-1701(4)(a)(I)(M), C.R.S.
(III) (A) It is an affirmative defense to a violation of this paragraph (d) for the chief
operations officer within Colorado that the entity enforces an internal policy controlling access
to and use of identifying placards issued to the entity.
(B) If the placard used is expired by operation of section 42-3-204(6)(f), C.R.S., it is
an affirmative defense to a violation of this paragraph (d) that the person did not know the
placard was expired if the person who used the placard was the person to whom it was issued.
(e) (I) A person who violates subsection (3)(a) or (3)(a.5) of this section is subject to
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the penalties in section 42-4-1701(4)(a)(VIII) and (IX), C.R.S.
(II) A person who violates paragraphs (b) to (d) of this subsection (3) is subject to
the penalties in section 42-4-1701(4)(a)(I)(M), C.R.S.
(4) Blocking access.
(a) Regardless of whether a person displays an identifying plate or placard, a person
shall not park a vehicle so as to block reasonable access to curb ramps, passenger loading zones,
or accessible routes, as identified in 28 CFR part 36 appendix A, that are clearly identified
unless the person is actively loading or unloading a person with a disability.
(b) A person who violates this subsection (4) is subject to the penalties in section 42-
4- 1701(4)(a)(VIII), C.R.S.
(5) Fraud and trafficking. A person is subject to the penalties in section 42-
4- 1701(4)(a)(X), C.R.S., if the person:
(a) Knowingly and fraudulently obtains, possesses, uses, or transfers an
identifying placard issued to a person with a disability;
(b) Knowingly makes, possesses, uses, alters, or transfers what purports to be, but is
not, an identifying placard; or
(c) Knowingly creates or uses a device intended to give the impression that it is
an identifying placard when viewed from outside the vehicle.
(6) Enforcement of reserved parking.
(a) A peace officer or authorized and uniformed parking enforcement official may
check the identification of a person using an identifying plate or placard in order to determine
whether the use is authorized.
(b) (I) A peace officer or authorized and uniformed parking enforcement official
may confiscate an identifying placard that is being used in violation of this section.
(II) The peace officer or parking enforcement official shall send a confiscated placard
to the department unless it is being held as evidence for prosecution of a violation of this
section. If the tag is being held as evidence, the peace officer or parking enforcement official
shall notify the department of the confiscation and pending charges.
(III) The department shall hold a confiscated placard for thirty days and may dispose
of the placard after thirty days. The department shall release the placard to the person with a
disability to whom it was issued when the person signs a statement under penalty of perjury
that he or she was unaware that the violator used, or intended to use, the placard in violation
of this section.
(c) A peace officer and the department may investigate an allegation that a person
is violating this section.
(d) A person who observes a violation of this section may submit evidence, including
a sworn statement, concerning the violation to any law enforcement agency.
(e) (I) A peace officer may issue a penalty assessment notice for a violation of paragraph
(b), (c), or (d) of subsection (3) of this section by sending it by certified mail to the registered
owner of the motor vehicle. The peace officer shall include in the penalty assessment notice
the offense or infraction, the time and place where it occurred, and a statement that the payment
of the penalty assessment and a surcharge is due within twenty days after the issuance of the
notice. The department receives payment of the penalty assessment by the due date if the
payment is received or postmarked by the twentieth day after the vehicle owner received the
penalty assessment notice.
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(II) If the penalty assessment and surcharge are not paid within twenty days after the
date the vehicle owner receives the assessment notice specified in subparagraph (I) of this
paragraph (e), the peace officer who issued the original penalty assessment notice shall file a
complaint with a court having jurisdiction and issue and serve upon the registered owner of the
vehicle a summons to appear in court at the time and place specified.
(f) (I) The entering court shall send certification of the entry of judgment for
each violation of paragraph (b), (c), or (d) of subsection (3) of this section to the
department
(II) Upon receipt of certification of an entry of judgment for a violation of paragraph
(b), (c), or (d) of subsection (3) of this section, the department shall not register the person's
vehicle until all fines imposed for the violations have been paid.
(III) Upon receipt of certification or independent verification of an entry of judgment,
the department shall revoke an identifying plate or placard as provided in section 42-3-
204(7)(d), C.R.S.
(g) (I) Notwithstanding any other provision of this section to the contrary, a holder is
liable for any penalty or fine as set forth in this section or section 42-3-204, C.R.S., or for any
misuse of an identifying plate or placard, including the use of such plate or placard by any
person other than a holder, unless the holder furnishes sufficient evidence that the identifying
plate or placard was, at the time of the violation, in the care, custody, or control of another
person without the holder's knowledge or consent.
(II) A holder may avoid the liability described in subparagraph (I) of this paragraph (g)
if, within a reasonable time after notification of the violation, the holder furnishes to the
prosecutorial division of the appropriate jurisdiction the name and address of the person who
had the care, custody, or control of the identifying plate or placard at the time of the violation
or the holder reports the license plate or placard lost or stolen to both the appropriate local law
enforcement agency and the department.
(h) An employer shall not forbid an employee from reporting violations of this section.
A person shall not initiate or administer any disciplinary action against an employee because
the employee notified the authorities of a possible violation of this section if the employee has
a good-faith belief that a violation has occurred.
(i) A landlord shall not retaliate against a tenant because the tenant notified the
authorities of a possible violation of this section if the tenant has a good-faith belief that a
violation has occurred.
(j) In order to stop a vehicle from blocking access or illegally using reserved parking,
a peace officer may order a vehicle that is used to violate this subsection (4) to be towed to
an impound lot or a vehicle storage location. The peace officer shall verify that the vehicle
has not been stolen and report the fact of the tow to the department of revenue in accordance
with section 42-4-1804, C.R.S.
(k) The local authority issuing a citation under this section, or under any local
ordinance defining a substantially equivalent offense, shall transfer one-half of the fine to the
state treasurer, who shall credit the fine to the disabled parking education and enforcement
fund created in section 42-1-226, C.R.S.
1213. Parking in electric motor vehicle charging stations.
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(1)(a) For the purposes of this section, “official sign” means a sign identifying a parking
space for electric motor vehicle charging that cites this section or the equivalent local ordinance
and that clearly displays the penalties for violating this section or the equivalent local ordinance.
(b) The owner of public or private property may install official signs that identify a
parking space as a dedicated charging station. The installation operates as a waiver of any
objection the owner may assert concerning enforcement of this section by a peace officer. A
peace officer may enforce this section on private property.
(2)(a) A person shall not park a motor vehicle within a parking space designated for
charging a plug-in electric motor vehicle unless the motor vehicle is a plug-in electric motor
vehicle.
(b) Except as provided in subsection (3) of this section, a person shall not park a plug-in
electric motor vehicle in a parking space with a dedicated charging connector for the parking
space unless the person is parked in the charging station for the purpose of charging the plug-in
electric motor vehicle.
(c) A plug-in electric motor vehicle is rebuttably presumed to not be charging if the motor
vehicle is:
(I) Parked in a charging station parking space with a dedicated charging connector for the
space; and
(II) Not continuously and electrically connected to the charger for longer than thirty
minutes.
(3)(a) A person may park a plug-in electric motor vehicle at a charging after the motor
vehicle is fully charged in a parking lot:
(I) That serves a lodging business if the person is a client of the lodging business and has
parked the plug-in electric motor vehicle in the lot to charge overnight;
(II) That serves an airport if the person is a client of the airport and has parked the plug-
in electric motor vehicle in the lot to charge when traveling; or
(III) Between the hours of 11 p.m. and 5 a.m.
(b) The exception in subsection (3)(a) of this section is an affirmative defense to a
violation of subsection (2) of this section.
(4) A person who violates this section commits a class B traffic infraction.
1409. Compulsory insurance – penalty – legislative intent
(8.5) If an operator of a motor vehicle or low-power scooter uses a cell phone or other
electronic device to present evidence of a complying policy or certificate of self-insurance in full
force and effect, as described in paragraph (b) of subsection (3) of this section:
(a) The law enforcement officer to whom the operator presents the device shall not explore
the contents of the cell phone or other electronic device other than to examine the operator's policy
or certificate of self-insurance; and
(b) The law enforcement officer to whom the operator presents the device and any law
enforcement agency that employs the officer are immune from any civil damages resulting from
the officer dropping or otherwise unintentionally damaging the cell phone or other electronic
device.
(9) It is the intent of the general assembly that the money collected as fines imposed pursuant
subsections (4)(a) and (4)(b) of this section are to be used for the supervision of the public
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highways. The general assembly determines that law enforcement agencies that patrol and
maintain the public safety on public highways are supervising the public highways. The general
assembly further determines that an authorized agent is supervising the public highways through
his or her enforcement of the requirements for demonstration of proof of motor vehicle insurance
pursuant to section 42-3-105(1)(d), C.R.S. Therefore, of the money collected from fines pursuant
to subsections (4)(a) and (4)(b) of this section, fifty percent shall be transferred to the law
enforcement agency that issued the ticket for a violation of this section. The remaining fifty percent
of the money collected from fines for violations subsection (4)(a) or (4)(b) of this section shall be
transmitted to the authorized agent for the county in which the violation occurred.
1410.5 Providing false evidence of proof of motor vehicle insurance – penalty
(1) It is unlawful for any person to offer, use, or attempt to offer or use any means, manner,
type of paper, document, card, digital image, or any other proof of motor vehicle liability insurance
required by state law to a law enforcement officer, judge, magistrate, prosecutor, or employee of a
court clerk’s office with the intent to mislead that official regarding the status or any motor vehicle
liability insurance policy in the course of an official investigation, or for purposes of dismissing
any charge under section 1409 or reducing any penalty imposed under section 1409, where such
means, manner, type, or kind of proof of insurance offered or used, or that is attempted to be offered
or used, is known or should be known by the person to be false, fraudulent, or incorrect in any
material manner or way, or which is known or should be known by the person to be altered, forged,
defaced, or changed in any material respect, unless such changes are required or authorized by law.
(2) Violation of this section is a class B traffic infraction, punishable by a fine of up to five
hundred dollars.
(3) A person who is convicted of, who admits liability for, or against whom a judgment is
entered for a violation of this section shall be deemed, but only for purposes of section 18-1-408
C.R.S. to have been convicted of a criminal offense.
1412. Operation of bicycles and other human-powered vehicles.
(14) (a) (I) A person may ride a class 1 or class 2 electrical assisted bicycle on a bike or
pedestrian path where bicycles are authorized to travel.
(II) A local authority may prohibit the operation of a class 1 or class 2 electrical assisted
bicycle on a bike or a pedestrian path under its jurisdiction.
(b) A person shall not ride a class 3 electrical assisted bicycle on a bike or pedestrian path
unless:
(I) The path is within a street or highway; or
(II) The local authority permits the operation of a class 3 electrical assisted bicycle on a path
under its jurisdiction.
(15) (a) A person under sixteen years of age shall not ride a class 3 electrical assisted bicycle
upon any street, highway, or bike or pedestrian path; except that a person under sixteen years of
age may ride as a passenger on a class 3 electrical assisted bicycle that is designed to accommodate
passengers.
(b) A person shall not operate or ride as a passenger on a class 3 electrical assisted bicycle
unless:
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(I) Each person under eighteen years of age is wearing a protective helmet of a type and
design manufactured for use by operators of bicycles;
(II) The protective helmet conforms to the design and specifications set forth by the United
States consumer product safety commission or the American Society for Testing and Materials;
and
(III) The protective helmet is secured properly on the person’s head with a chin strap while
the class 3 electrical assisted bicycle is in motion.
(c) A violation of subsection (15)(b) of this section does not constitute negligence or
negligence per se in the context of any civil personal injury claim or lawsuit seeking damages.
1416. Failure to present a valid transit pass or coupon - fare inspector
authorization – definitions.
(1) A person commits failure to present a valid transit pass or coupon if the person
occupies, rides in, or uses a public transportation vehicle without paying the applicable fare
or providing a valid transit pass or coupon.
(2) A person shall not occupy, ride in, or use a public transportation vehicle without
possession of proof of prior fare payment. A person shall present proof of prior fare
payment upon demand of a fare inspector appointed or employed pursuant to subsection
(4) of this section, a peace officer, or any other employee or agent of a public transportation
entity.
(3) A violation of this section is a class B traffic infraction and is punishable by a fine
of seventy-five dollars. Notwithstanding any other provision of law, fines for a violation of
subsection (1) of this section shall be retained by the clerk of the court in the city and county
of Denver upon receipt by the clerk for a violation occurring within that jurisdiction, or
transmitted to the state judicial department if the fine is receipted by the clerk of the court of
any other county.
(4) (a) Public transportation entities may appoint or employ, with the power of
removal, fare inspectors as necessary to enforce the provisions of this section. The employing
public transportation entity shall determine the requirements for employment as a fare
inspector.
(b) A fare inspector appointed or employed pursuant to this section is authorized to
enforce the provisions of this section while acting within the scope of his or her authority and
in the performance of his or her duties. A fare inspector is authorized to issue a citation to a
person who commits failure to provide a valid transit pass or coupon in violation of this
section. The fare inspector shall issue a citation on behalf of the county in which the person
occupying, riding in, or using a public transportation vehicle without paying the applicable
fare is located at the time the violation is discovered. The public transportation entity whose
fare inspector issued the citation shall timely deliver the citation to the clerk of the county
court for the jurisdiction in which the accused person is located at the time the violation is
discovered.
(5) As used in this section, unless the context otherwise requires:
(a) "Proof of prior fare payment" means:
(I) A transit pass valid for the day and time of use;
(II) A receipt showing payment of the applicable fare for use of a public
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transportation vehicle during the day and time specified in the receipt; or
(III) A prepaid ticket or series of tickets showing cancellation by a public
transportation entity used within the day and time specified in the ticket.
(b) "Public transportation entity" means a mass transit district, a mass transit authority,
or any other public entity authorized under the laws of this state to provide mass transportation
services to the general public.
(c) "Public transportation vehicle" means a bus, a train, a light rail vehicle, or any other
mode of transportation used by a public transportation entity to provide transportation services
to the general public.
(d) "Transit pass" means any pass, coupon, transfer, card, identification, token, ticket,
or other document, whether issued by a public transportation entity or issued by an employer
to employees pursuant to an agreement with a public transportation entity, used to obtain
public transit.
1705. Person arrested to be taken before the proper court
(1) Whenever a person is arrested for any violation of this article punishable as a
misdemeanor, the arrested person shall be taken without unnecessary delay before a county
judge who has jurisdiction of such offense as provided by law, in any of the following cases:
(a) When a person arrested demands an appearance without unnecessary delay before a
judge;
(b) When the person is arrested and charged with an offense under this article causing or
contributing to an accident resulting in injury or death to any person;
(c) When the person is arrested and charged with DUI, DUI per se, or UDD;
(d) When the person is arrested upon a charge of failure to stop in the event of
an accident causing death, personal injuries, or damage to property;
(e) In any other event when the provisions of section 42-4-1701 (5)(b) and (5)(c) apply
and the person arrested refuses to give a written promise to appear in court as provided in
section 42-4-1707.
(2) Whenever any person is arrested by a police officer for any violation of this article
punishable as a misdemeanor and is not required to be taken before a county judge as provided
in subsection (1) of this section, the arrested person shall, in the discretion of the officer, either
be given a written notice or summons to appear in court as provided in section 42-4-1707 or be
taken without unnecessary delay before a county judge who has jurisdiction of such offense
when the arrested person does not furnish satisfactory evidence of identity or when the
officer has reasonable and probable grounds to believe the person will disregard a written
promise to appear in court. The court shall provide a bail bond schedule and available
personnel to accept adequate security for such bail bonds.
(2.5) In any case in which the arrested person that is taken before a county judge
pursuant to subsection (1) or (2) of this section is a child, as defined in section 19-1-103
(18), C.R.S., the provisions of section 42-4-1706 (2) shall apply.
(3) Any other provision of law to the contrary notwithstanding, a police officer may
place a person who has been arrested and charged with DUI, DUI per se, or UDD and who
has been given a written notice or summons to appear in court as provided in section 42-4-
1707 in a state-approved treatment facility for alcohol use disorders even though entry or other
- 29 -
record of such arrest and charge has been made. Placement is governed by article 81 of title
27, except where in conflict with this section.
1707. Summons and complaint or penalty assessment notice for misdemeanors, petty
offenses, and misdemeanor traffic offenses – release - registration
(1)(a) Whenever a person commits a violation of this title punishable as a misdemeanor,
petty offense, or misdemeanor traffic offense, other than a violation for which a penalty
assessment notice may be issued in accordance with the provisions of section 1701(5)(a), and
such person is not required by the provisions of section 42-4-1705, C.R.S., to be arrested and
taken without unnecessary delay before a county judge, the peace officer may issue and serve
upon the defendant a summons and complaint which must contain the name and address of the
defendant, the license number of the vehicle involved, if any, the number of the defendant's
driver's license, if any, a citation of the statute alleged to have been violated, a brief description
of the offense, the date and approximate location thereof, and the date the summons and
complaint is served on the defendant; direct the defendant to appear in a specified county court
at a specified time and place; and be signed by the peace officer. The summons and complaint
submitted to the department of revenue and the county court before which appearance is
required, either by paper or electronic submission, must contain the name and address of the
defendant, the license of the vehicle involved, if any, and the number of the defendant's driver's
license, if any.
(b) A summons and complaint issued and served pursuant to paragraph (a) of this
subsection (1) on a minor under the age of eighteen years shall also contain or be accompanied
by a document containing an advisement to the minor that the minor's parent or legal guardian,
if known, shall be notified by the court from which the summons is issued and be required to
appear with the minor at the minor's court hearing or hearings.
(1) If a peace officer issues and serves a summons and complaint to appear in any court
upon the defendant as described in subsection (1) of this section, any defect in form in such
summons and complaint regarding the name and address of the defendant, the license number
of the vehicle involved, if any, the number of the defendant's driver's license, if any, the date
and approximate location thereof, and the date the summons and complaint is served on the
defendant may be cured by amendment at any time prior to trial or any time before verdict or
findings upon an oral motion by the prosecuting attorney after notice to the defendant and an
opportunity for a hearing. No such amendment shall be permitted if substantial rights of the
defendant are prejudiced. No summons and complaint shall be considered defective so as to
be cause for dismissal solely because of a defect in form in such summons and complaint as
described in this subsection (2).
(3)(a) Whenever a penalty assessment notice for a misdemeanor, petty offense, or
misdemeanor traffic offense is issued pursuant to section 1701(5)(a), the penalty assessment
notice that shall be served upon the defendant by the peace officer shall contain the name
and address of the defendant, the license number of the vehicle involved, if any, the number
of the defendant's driver's license, if any, a citation of the statute alleged to have been
violated, a brief description of the offense, the date and approximate location thereof, the
amount of the penalty prescribed for the offense, the amount of the surcharges thereon
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pursuant to sections 24-4.1- 119(1)(f), 24-4.2-104(1), and 24-33.5-415.6, C.R.S., the number
of points, if any, prescribed for the offense pursuant to section 42-2-127, and the date the
penalty assessment notice is served on the defendant; shall direct the defendant to appear in
a specified county court at a specified time and place in the event the penalty and surcharges
thereon are not paid; shall be signed by the peace officer; and shall contain a place for the
defendant to elect to execute a signed acknowledgment of guilt and an agreement to pay the
penalty prescribed and surcharges thereon within twenty days, as well as such other
information as may be required by law to constitute the penalty assessment notice to be a
summons and complaint, should the prescribed penalty and surcharges thereon not be paid
within the time allowed in section 1701.
(a.5) A penalty assessment notice issued and served pursuant to paragraph (a) of this
subsection (3) on a minor under the age of eighteen years shall also contain or be
accompanied by a document containing:
(I) A preprinted declaration stating that the minor's parent or legal guardian has
reviewed the contents of the penalty assessment notice with the minor;
(II) Preprinted signature lines following the declaration on which the reviewing
person described in subparagraph (I) of this paragraph (a.5) shall affix his or her signature
and for a notary public to duly acknowledge the reviewing person's signature; and
(III) An advisement to the minor that:
(A) The minor shall, within seventy-two hours after service of the penalty
assessment notice, inform his or her parent or legal guardian that the minor has received a
penalty assessment notice;
(B) The parent or legal guardian of the minor is required by law to review and sign the
penalty assessment notice and to have his or her signature duly acknowledged by a notary
public; and
(C) Noncompliance with the requirement set forth in sub-subparagraph (B) of this
subparagraph (III) shall result in the minor and the parent or legal guardian of the minor
being required to appear in court pursuant to sections 42-4-1710(1) (b), 42-4-1710(1.5), and
42-4- 1716(4), C.R.S.
(b) One copy of said penalty assessment notice shall be served upon the defendant by
the peace officer and one copy sent to the supervisor within the department and such other
copies sent as may be required by rule of the department to govern the internal administration
of this article between the department and the Colorado state patrol.
(4)(a) The time specified in the summons portion of said summons and complaint
must be at least twenty days after the date such summons and complaint is served, unless the
defendant shall demand an earlier court appearance date.
(b) The time specified in the summons portion of said penalty assessment notice shall
be at least thirty days but not more than ninety days after the date such penalty assessment
notice is served, unless the defendant shall demand an earlier court appearance date.
1718. Electronic transmission of data—standards.
A municipal court, county court, district court, or any court with jurisdiction over violations
of traffic rules and laws shall not dismiss any charges or refuse to enforce any traffic law or
rule solely because a penalty assessment notice or summons and complaint issued pursuant
to the standards established in this section is in electronic form or contains an electronic
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signature.
1719. Violations--commercial driver's license--compliance with federal regulation.
As to a holder of a commercial driver's license as defined in section 42-2-402 or the operator
of a commercial motor vehicle as defined in section 42-2-402, a court shall not defer imposition
of judgment or allow a person to enter into a diversion program that would prevent a driver's
conviction for any violation, in any type of motor vehicle, of a traffic control law from
appearing on the driver's record.
APPENDICES
DEFINITIONS
(5) "Authorized agent" means the county clerk and recorder in each county in the state of
Colorado, the clerk and recorder in the city and county of Broomfield, and the manager of revenue
or such other official of the city and county of Denver as may be appointed by the mayor to
perform the functions related to the registration of, titling of, or filing of liens on motor vehicles,
wheeled trailers, semitrailers, trailer coaches, special mobile machinery, off-highway vehicles,
and manufactured homes.
(6) "Authorized emergency vehicle" means such vehicles of the fire department, police
vehicles, ambulances, and other special-purpose vehicles as are publicly owned and operated by
or for a governmental agency to protect and preserve life and property in accordance with state
laws regulating emergency vehicles; said term also means the following if equipped and operated
as emergency vehicles in the manner prescribed by state law:
(a) Privately owned vehicles as are designated by the state motor vehicle licensing
agency necessary to the preservation of life and property; or
(b) Privately owned tow trucks approved by the public utilities commission to respond to
vehicle emergencies.
(7.5) "Autocycle" means a three-wheeled motorcycle that does not use handlebars or any other
device that is directly connected to a single front wheel to steer and in which the driver and each
passenger ride in a fully or partly enclosed seating area that is equipped with safety belts for all
occupants that constitute a safety belt system, as defined in section 42-4-237(1)(b), C.R.S. For
purposes of this subsection (7.5), “partly enclosed seating area” means a seating area that is
entirely or partly surrounded on the sides by the frame or body of a vehicle but is not fully
enclosed.
(7.7) “Automated driving system” means hardware and software that are collectively capable,
without any intervention or supervision by a human operator, of performing all aspects of the
dynamic driving task for a vehicle on a part-time or full-time basis, described as levels 4 and 5
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automation in SAE International’s standard J3016, as it existed in September 2016.
(8.5) "BAC" means either:
(a) A person's blood alcohol content, expressed in grams of alcohol per one hundred milliliters
of blood as shown by analysis of the person's blood; or
(b) A person's breath alcohol content, expressed in grams of alcohol per two hundred ten liters
of breath as shown by analysis of the person's breath.
(9) "Base jurisdiction" means the state, province, or other jurisdiction which receives,
apportions, and remits to other jurisdictions moneys paid for registration of a vehicle pursuant
to a reciprocal agreement governing registration of vehicles.
(10.5) "Bulk electronic transfer" means the mass electronic transfer of files, updated files,
or portions thereof, in the same form as those files exist within the department.
(16.5) “Colorado DRIVES” is an acronym that stands for “Colorado driver’s license, record,
identification, and vehicle enterprise solution” and means the driver and vehicle services
information technology system that the department uses to provide driver, identification, and
vehicle title registration services to Colorado residents.
(27.3) "DUI" means driving under the influence, as defined in section 42-4-1301(1)(f), C.R.S.,
and use of the term shall incorporate by reference the offense described in section 42-4-
1301(1)(a), C.R.S.
(27.5) "DUI per se" means driving with a BAC of 0.08 or more, and use of the term shall
incorporate by reference the offense described in section 42-4-1301(2)(a), C.R.S.
(27.7) "DWAI" means driving while ability impaired, as defined in section 42-4-1301(1)(g)
C.R.S., and use of the term shall incorporate by reference the offense described in section 42-
4- 1301(1)(b), C.R.S.
(27.8) (a) “Dynamic driving task” means all of the following aspects of driving:
(I) Operational aspects, including steering, braking, accelerating, and monitoring the vehicle
and the roadway; and
(II) Tactical aspects, including responding to events, determining when to change lanes,
turning, using signals, and other related actions.
(b) “Dynamic driving task” does not include strategic aspects, including determining destinations
or way points, of driving.
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(28) "Effective date of registration period certificate" means the month in which a fleet
owner must register all fleet vehicles.
(28.5) "Electrical assisted bicycle" means a vehicle having three wheels and fully operable
pedals, and an electric motor not exceeding seven hundred fifty watts of power. Electrical
assisted bicycles are further required to conform to one of three classes as follows:
(a) “Class 1 electrical assisted bicycle” means an electrical assisted bicycle equipped with
a motor that provides assistance only when the rider is pedaling and that ceases to provide
assistance when the bicycle reaches a speed of twenty miles per hour.
(b) “Class 2 electrical assisted bicycle” means an electrical assisted bicycle equipped with a
motor that provides assistance regardless of whether the rider is pedaling but ceases to provide
assistance when the bicycle reaches a speed of twenty miles per hour.
(c) “Class 3 electrical assisted bicycle” means an electrical assisted bicycle equipped with
a motor that provides assistance only when the rider is pedaling and that ceases to provide
assistance when the bicycle reaches a speed of twenty-eight miles per hour.
(28.7) "Electric personal assistive mobility device" or "EPAMD" means a self-balancing,
nontandem two-wheeled device, designed to transport only one person, that is powered solely by
an electric propulsion system producing an average power output of no more than seven hundred
fifty watts.
(39.5) "Golf car" means a self-propelled vehicle not designed primarily for operation on
roadways and that has:
(a) A design speed of less than twenty miles per hour;
(b) At least three wheels in contact with the ground;
(c) An empty weight of not more than one thousand three hundred pounds; and
(d) A carrying capacity of not more than four persons.
(47.3) “Last-known address” means:
(a) For notifications regarding motor vehicles, the most recent mailing address provided
on a vehicle registration or vehicle registration mailing address change notification provided
in accordance with section 42-3-113, C.R.S., or the corrected address as reported by an
address correction service licensed by the United States postal service;
(b) For notifications regarding driving privileges, driver’s licenses, or identification cards
when there is a driver’s license or identification card on file with the department, the most
recent of either:
(I) The mailing address provided by an applicant for a driver’s license or identification card;
(II) The mailing address stated on an address change notification provided to the
department pursuant to subsection (47.3)(a) of this section; or
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(III) The corrected address as reported by an address correction service licensed by the
United States postal service;
(c) For notifications regarding driving privileges or identification cards when there is no
driver’s license or identification card on file with the department, the most recent address shown
on any other record on file with the department pursuant to this article 1 and as may be corrected
by an address correction service licensed by the United States postal service.
(47.5) "Lien" means a security interest in a motor or off-highway vehicle under article 9 of title
4, C.R.S., and this article.
(48) "Local authorities" means every county, municipal, and other local board or body having
authority to adopt local police regulations under the constitution and laws of this state.
(48.5) (a) "Low-power scooter" means a self-propelled vehicle designed primarily for use on
the roadways with not more than three wheels in contact with the ground, no manual clutch, and
either of the following:
(I) A cylinder capacity not exceeding fifty cubic centimeters if powered by internal
combustion; or
(II) A wattage not exceeding four thousand four hundred seventy-six if powered by electricity.
(b) "Low-power scooter" shall not include a toy vehicle, bicycle, electrical assisted bicycle,
wheelchair, or any device designed to assist mobility-impaired people who use pedestrian rights-
of-way.
(48.6) "Low-speed electric vehicle" means a vehicle that:
(a) Is self-propelled utilizing electricity as its primary propulsion method;
(b) Has at least three wheels in contact with the ground;
(c) Does not use handlebars to steer; and
(d) Exhibits the manufacturer's compliance with 49 CFR 565 or displays a seventeen-
character vehicle identification number as provided in 49 CFR 565.
(68.5)(a) "Persistent drunk driver" means any person who:
(I) Has been convicted of or had his or her driver's license revoked for two or more
alcohol- related driving violations;
(II) Continues to drive after a driver's license or driving privilege restraint has been imposed
for one or more alcohol-related driving offenses;
(III) Drives a motor vehicle while the amount of alcohol in such person's blood, as shown
by analysis of the person's blood or breath, was 0.15 or more grams of alcohol per one hundred
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milliliters of blood or 0.15 or more grams of alcohol per two hundred ten liters of breath at the
time of driving or within two hours after driving; or
(IV) Refuses to take or complete, or to cooperate in the completing of, a test of his or her
blood, breath, saliva, or urine as required by section 18-3-106(4) or 18-3-205(4), C.R.S., or
section 42- 4-1301.1(2), C.R.S.
(b) Nothing in this subsection (68.5) shall be interpreted to affect the penalties imposed under
this title for multiple alcohol- or drug-related driving offenses, including, but not limited to,
penalties imposed for violations under sections 42-2-125(1)(g) and (1) (i) and 42-2-202(2),
C.R.S.
(88) “School bus" means a motor vehicle that is designed and used specifically for the
transportation of school children to or from a public or private school or a school-related activity,
whether the activity occurs within or without the territorial limits of any district and whether or
not the activity occurs during school hours. “School bus” does not include informal or intermittent
arrangements, such as sharing of actual gasoline expense or participation in a car pool, for the
transportation of school children to or from a public or private school or a school- related activity.
(88.5) (a) "School vehicle" means a motor vehicle, including but not limited to a school bus,
that is owned by or under contract to a public or private school and operated for the
transportation of school children to or from school or a school-related activity.
(b) "School vehicle" does not include:
(I) Informal or intermittent arrangements, such as sharing of actual gasoline expense or
participation in a carpool, for the transportation of school children to or from a public or private
school or a school-related activity; or
(II) A motor vehicle that is owned by or under contract to a child care center, as defined in
section 26-6-102 (5), C.R.S., and that is used for the transportation of children who are served
by the child care center.
(93.5)(a) "Special mobile machinery" means machinery that is pulled, hauled, or driven over a
highway and is either:
(I) A vehicle or equipment that is not designed primarily for the transportation of persons or
cargo over the public highways; or
(II) A motor vehicle that may have been originally designed for the transportation of persons
or cargo over the public highways, and has been redesigned or modified by the addition of
mounted equipment or machinery, and is only incidentally operated or moved over the public
highways.
(b) "Special mobile machinery" includes vehicles commonly used in the construction,
maintenance, and repair of roadways, the drilling of wells, and the digging of ditches.
Ord. 21-08 Adopting 2020 MTC [6/22/21]
Page 1 of 12
TOWN OF AVON, COLORADO
ORDINANCE NO. 21-08
AN ORDINANCE ADOPTING THE 2020 MODEL TRAFFIC CODE BY REFERENCE
AND REPEALING AND REENACTING SECTIONS OF TITLE 10 OF THE AVON
MUNICIPAL CODE
WHEREAS, the Town of Avon, Colorado (the “Town”) is a home rule municipality and
political subdivision of the State of Colorado (the “State”) organized and existing under a home
rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon (“Town”), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, the Town Council finds that the adoption of the 2020 Model Traffic Code will
improve the standards for road safety and will thereby promote the health, safety and general
welfare of the Avon community; and
WHEREAS, pursuant to Avon Town Charter §6.9 and Title 31, Article 16, Parts 1 and 2,
Colorado Revised Statutes, the Town Council may adopt by reference any statute, rule, regulation,
model code, or standard that is promulgated by the federal government, the State of Colorado, an
agency of either the federal government or the State, or another municipality; and
WHEREAS, Section 110 of the 2020 Model Traffic Code states that Town Council may enact,
adopt and enforce traffic regulations which address the same subject matter as the various sections
of the Model Traffic Code, state law or additional regulations included in C.R.S. §42-4-111; and
WHEREAS, the Town Council desires to adopt by reference the 2020 Model Traffic Code for
Colorado, also referred to as Model Traffic Code or 2020 Model Traffic Code, with certain
amendments as described in this Ordinance; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter by setting
a public hearing to provide the public an opportunity to present testimony and evidence regarding
the application and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance;
APPENDIX A: Ordinance 21-08
Ord. 21-08 Adopting 2020 MTC [6/22/21]
Page 2 of 12
WHEREAS, the Town Council conducted a public hearing on June 8, 2021, after properly
posting notice of such hearing, and considered all public comments and other information
presented prior to taking any final action to adopt this ordinance.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. 2010 Edition of Model Traffic Code Repealed. The 2010 edition of the Model
Traffic Code is hereby repealed.
Section 3. 2020 Edition of Model Traffic Code Adopted by Reference. The 2020 edition
of the Model Traffic Code is hereby adopted by reference. All amendments to the Model Traffic
Code as set forth in Article III Amendments of Chapter 10.04 are hereby readopted as amendments
to the 2020 Model Traffic Code except as provided in this Ordinance.
Section 4. Repealed and Reenacted. Avon Municipal Code Section 10.04.010(a) is hereby
repealed and reenacted in its entirety to read as follows:
“10.04.010 Adoption--Copies on File.
(a) Pursuant to § 6.9 of Chapter 6 of the Town Charter and C.R.S. Title 31, Article 16, Parts 1
and 2, as amended, there is adopted by reference Articles I and II, inclusive, and with
deletions and additions noted below the 2020 edition of the Model Traffic Code for
Colorado Municipalities, promulgated by and published as such by the Colorado
Department of Transportation, 4201 East Arkansas Ave., Denver, CO 80222, which shall
be referred to as the Model Traffic Code or MTC in this Chapter 10.04. The subject matter
of the Model Traffic Code relates primarily to comprehensive traffic control regulations for
the Town. The purpose of the Ordinance codified in this chapter and the code adopted
herein is to provide a system of traffic regulations consistent with state law generally
conforming to similar regulations throughout the state and nation. Any conflict between
the MTC and local regulation shall be resolved in favor of the local regulation as may be
permitted by law.”
Section 5. Amended. Avon Municipal Code Section 10.04.040 is hereby repealed and
reenacted in its entirety to read as follows:
“10.04.040 – Violation – penalties.
The following penalties shall apply to this Title:
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(1) It is unlawful for any person to violate any provision adopted in this Title.
(2) Any person violating any provision of this Title may be found guilty of committing a
traffic offense or traffic infraction and sentenced by the Municipal Court as set out below.
(a) Traffic offenses shall be punished in accordance with the provisions of Section
1.08.010 of this Code, including the possibility of jail. Such offenses shall be deemed
misdemeanors and may be tried by a jury. Traffic offenses are the following: traffic
violations resulting in an accident causing personal injury, death, or appreciable damage to
the property of another; reckless driving; driving 25 mph or more over the speed limit;
exhibition of speed or speed contest; eluding or attempting to elude a police officer;
disobeying a police officer or fire department member; driving without insurance; failure
to stop for school bus with flashing lights; school bus failing to use flashing lights; and use
of altered or fictious driving license.
(b) Traffic infractions shall be punished by a fine only. Any violation of this Title other
than a traffic offense shall constitute a traffic infraction. The Municipal Court shall order
a schedule of fines for traffic infractions consistent with this Title. The Municipal Court is
further authorized to order individualized fines consistent with this Title for any
unscheduled traffic infraction.
(c) References in the 2020 Model Traffic Code purporting to penalize traffic offenses and
traffic infractions on the basis of different classes are hereby repealed. There shall be a
single class of traffic offense and a single class of traffic infraction.
(3) Penalties for violations for which points may not be assessed pursuant to Section 42-
2-127, C.R.S., shall be not less than $40.00. Penalties for violations for which points may
be assessed pursuant to Section 42-2-127, C.R.S., shall be as follows:
(a) Three or fewer points – not less than $50.00
(b) Four or five points – not less than $100.00
(c) More than five points – not less than $150.00
(4) References in the 2020 Model Traffic Code purporting to characterize traffic violations
as misdemeanor or petty offenses are hereby repealed. Misdemeanor characterizations shall
be governed solely by AMC 10.04.040(2)(a).
(5) The Municipal Court reserves the authority to order a schedule of fines in accordance
with Colorado Municipal Court Rules of Procedure Rule 210(b)(5), provided that such
schedule of fines is not inconsistent with any specific fine set forth in Chapter 10.06.
(6) All fines for violations of this Title shall be paid to the Town, unless otherwise specified
in this Code.
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Section 6. Repealed. Avon Municipal Code Sections 10.04.060, 10.04.070, 10.04.080,
10.04.090, 10.04.100, 10.04.110, 10.04.120, 10.04.130, 10.04.140, 10.04.150, 10.04.160,
10.04.170, and 10.04.180 are hereby repealed in their entirety.
Section 7. Enacted. Avon Municipal Code Sections 10.04.060 through 10.04.170 are hereby
enacted to read as follows:
“10.04.060 MTC Section 107.5 enacted – obedience to members of fire department.
Section 107.5 of the Model Traffic Code is hereby enacted to read as follows:
"Section 107.5. Obedience to members of the fire department.
Members of the fire department, when at the scene of a fire, accident or matter involving the use
of firefighting equipment, may direct, or assist the police in directing, traffic in the immediate
vicinity. No person shall willfully fail or refuse to obey a lawful order or direction of a member
of the fire department so acting."
10.04.070 - Section 706(1) amended – obedience to railroad signal.
Section 706(1) of the Model Traffic Code is amended in its entirety to read as follows:
"706. Obedience to Railroad Signal.
(1) Whenever any person driving a motor vehicle approaches a railroad grade crossing under any
circumstances stated in this section, the driver of such vehicle shall stop within fifty feet but not
less than fifteen feet from the nearest rail of such railroad and shall not proceed until he can do
so safely. Such requirements shall apply when:
(a) A clearly visible electric or mechanical signal device gives warning of the immediate
approach of a railroad train;
(b) A crossing gate is lowered or when a human flagman gives or continues to give a signal of
the approach or passage of a railroad train;
(c) A railroad train approaching within approximately fifteen hundred feet of the highway
crossing emits a signal audible from such distance, and such railroad train, by reason of its speed
or nearness to such crossing, is an immediate hazard; or
(d) An approaching railroad train is plainly visible and is in hazardous proximity to such
crossing."
10.04.080 - MTC Section 712(3) amended – Driving in highway work area.
Section 712(3) of the Model Traffic Code is amended in its entirety to read as follows:
“Section 712. Driving in highway work area.
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(3) Local road authorities, within their respective jurisdictions and in cooperation with law
enforcement agencies, may train and appoint adult civilian personnel for special traffic duty as
highway flaggers within any highway maintenance or construction work area. Whenever such duly
authorized flaggers are wearing the badge, insignia, or uniform of their office, are engaged in the
performance of their respective dues, and are displaying any official hand signal device of a type
and in the manner prescribed in the adopted state traffic control manual or supplement thereto for
signaling traffic in such areas to stop or to proceed, no person shall willfully fail or refuse to obey
the visible instructions or signals so displayed by such flaggers. Any alleged willful failure or
refusal of a driver to comply with such instructions or signals, including information as to the
identity of the driver and the license plate number of the vehicle alleged to have been so driven in
violation, shall be reported by the work area supervisor in charge at the location to the district
attorney for appropriate penalizing action in a court of competent jurisdiction. Any person who
violates any provision of this section commits a traffic infraction.”
10.04.090 - MTC Section 1214 enacted – Parking on private property.
Section 1214 of the Model Traffic Code is hereby enacted to read as follows:
“1214. Unlawful parking on private parking lots or private property.
It shall be unlawful for any person to park or cause to be parked any vehicle upon any private
parking lot or any other private property within the Town of Avon, without the consent of the
owner thereof or the tenant or person in possession or control of said private parking lot or
private property.
(a) Posting of Sign. Any, owner, tenant or person in possession or control of a private parking
lot or private property wishing to avail himself of the provision of this section shall post at each
and every entrance to a private parking lot or private property a sign containing essentially the
following words:
Private Parking Lot
Parking is reserved for persons having permission of the owner and any
other person may be subject to the penalties imposed by Ordinance No. 21-
08. Violating vehicles may be impounded.
All signs must be approved by the Chief of Police, who shall have the authority to determine
size, shape and lettering of such signs. The Chief of Police may approve signs which combine
the requirements of this section with the requirements of Section 5.12.100(4) concerning the
booting or towing of unauthorized vehicles.
(b) Signing of Complaints. No complaint shall be issued for any violation of this section unless
the same is signed by the owner, tenant or person in possession or control of the private parking
lot or private property within or upon which a violation of this section may have occurred or the
agent of such person or entity."
10.04.110 - MTC Section 1417 enacted—School Safety Sensitive Zones – increase of penalties
for moving traffic violations.
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Section 1417 of the Model Traffic Code is hereby enacted to read as follows:
“1417. School zones – increase of penalties for moving traffic violations.
(1) Any person who commits a moving traffic violation in a school zone is subject to double
penalties and surcharges.
(2) For purposes of this section, ‘school zone’ means an area that is designated as a school zone
and has appropriate signs posted indicating that the penalties and surcharges will be doubled. The
state or local government having jurisdiction over the placement of traffic signs and traffic control
devices in the school zone area shall designate when the area will be deemed a school zone for the
purposes of this section. In making such designation, the state or local government shall consider
when increased penalties are necessary to protect the safety of school children. Such zones shall
be designated Safety Sensitive.”
10.04.120 - MTC Section 1418 enacted— Residential Area Safety Sensitive Zones – increase
of penalties for moving traffic violations.
Section 1418 of the Model Traffic Code is hereby enacted to read as follows:
“1418. Residential Area Safety Sensitive Zones – increase of penalties for moving traffic
violations.
(1) Any person who commits a moving traffic violation in a Residential Area Safety Sensitive
Zone area as defined herein is subject to double penalties and surcharges.
(2) For purposes of this section, the following are designated ‘residential area safety sensitive
zones’ and will be marked with appropriate signage: Wildridge Subdivision; Wildwood
Subdivision; on Hurd Lane east of Avon Road; on Stonebridge Drive; on Eaglebend Drive; on
West Beaver Creek Boulevard, from Highway 6 to Lake Street; on Swift Gulch Road, from the
800 block to the 1270 block; on East Beaver Creek Blvd, from Post Blvd to the 4000 block; and
on Nottingham Road, from Buck Creek Rd to the 730 block.”
10.04.130 - MTC Section 1419 enacted – Driving on Public Park.
Section 1419 of the Model Traffic Code is hereby enacted to read as follows:
“1419. Driving on public park.
No person shall drive or cause to be driven any vehicle on any portion of a public park or other
public property other than established roadways specifically provided for public driving, unless
specifically authorized so to do by a traffic control officer.”
10.04.140 - MTC Sections 1701, 1705, and 1707 deleted
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Sections 1701, 1705, and 1707 of the Model Traffic Code are inapplicable to municipalities and
are each hereby deleted in its entirety.
10.04.150 - MTC Section 1709 Amended – Penalty assessment notice for traffic offenses.
Section 1709 of the Model Traffic Code is amended by enactment of the following language:
"(5.5). If a person receives a penalty assessment notice for a violation under Section 1709 and such
person pays the fine and surcharge for the violation on or before the 20th day following the date of
citation, the points assessed for the violation are reduced as follows:
(a) For a violation having an assessment of three (3) or more points under Section 42-2-127,
C.R.S., the points are reduced by two (2) points;
(b) For a violation having the assessment of two (2) points under Section 42-2-127, C.R.S., the
points are reduced by one (1) point.
(6). Whenever the Town of Avon reduces a traffic offense the reduced offense and the points
assessed for such reduced offense shall conform to the point assessment schedule under Section
42-2-127(5), C.R.S."
10.04.160 - MTC Section 1801 Amended – Authority to impound vehicles.
Section 1801 of the Model Traffic Code is hereby amended to read in its entirety as follows:
“Section 1801. Authority to Impound Vehicles.
(a) Whenever any police officer finds a vehicle, attended or unattended, standing upon any portion
of a street or highway right-of-way within this municipality in such a manner as to constitute a
violation of sections 1202 and 1204 of this Code, or left unattended, for a period of 24 hours or
more and presumed to be abandoned under the conditions prescribed by 42-4-1802 et seq., C.R.S.,
such officer shall require such vehicle to be removed or cause the same to be removed and placed
in storage at the nearest garage or other place of safety designated or maintained by this
municipality.
(b) In the event of abandonment of a vehicle on property within this municipality other than public
rights-of-way the owner of such property shall notify the police department and said police, after
a period of 72 hours, shall cause the abandoned vehicle to be removed and placed in storage in the
nearest garage or other place of safety designated or maintained by the municipality.
(c) Whenever any police officer finds a vehicle parked on any street or at any place within this
municipality in violation of any provision of this code or in violation of a provision contained on
any official sign, such officer may require such vehicle to be removed or cause the same to be
removed and placed in storage.
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(d) A vehicle illegally parked on private property shall not be impounded pursuant to Section
1801(c) hereof unless a complaint for said violation is signed by the owner, lessee, tenant, or
authorized agent who is legally in possession or control of said property.
(e) In the event a vehicle is impounded pursuant to subsection (a), (b) or (c) of Section 1801 hereof,
the owner or driver of the vehicle shall pay as a fine a reasonable amount for said removal or
removal and storage in addition to the penalty imposed for illegal parking or any other violation
of any of the provisions hereof.
(f) Whenever the police officer or any other employee of the Town of Avon so authorized removes
the vehicle and causes it to be impounded as authorized by law, and the officer or other employee
knows or is able to ascertain from the registration, or other records in the vehicle or otherwise, the
name of the owner and address of the owner, the officer or employee shall immediately give or
cause to be given notice in writing to the owner of the fact of the removal, the reason for it and the
place to which the vehicle has been removed.
(g) Whenever an officer or employee of the Town removes a vehicle from a public way or from
public or private property and does not know or is not able to ascertain the name of the owner
thereof, or for any other reason is unable to give the notice to the owner as provided in Section
1801(f), and in the event the vehicle is not returned to the owner within a period of three days, the
Chief of Police or other employee of the Town designated by the Chief of Police shall immediately
send or cause to be sent a written report of the removal by mail to the state department whose duty
it is to register motor vehicles. The notice shall include a complete description of the vehicle, the
date, time and place of removal, the reasons for the removal, and the name of the garage or other
place where the vehicle is stored, with a request that the owner of the vehicle be notified
immediately.
(h) Whenever, pursuant to the terms of this chapter, a vehicle has been impounded by the Town
for period of thirty days and no claim of ownership or right to possession thereof has been made,
or when a claim has been made but not established to the satisfaction of the town manager, and no
suit or action to determine the claim has been instituted, the Town may dispose of the vehicle in
the manner set out in subsection (i).
(i) The Chief of Police or other employee of the Town designated by the Chief of Police shall
cause written notice to be given to all persons known by him to claim an interest in the vehicle.
The notice shall be given by delivery in person, or by certified mail, addressed to the last known
address of the business or residence of the person to be notified. The notice shall contain the
following:
(1) An itemized statement of the amount due to the Town for removal of and storage of the vehicle
showing the amount due at the time of notice;
(2) A description of the vehicle.
(3) A demand that the amount due the Town, as stated in the notice, and such further claims as
shall accrue, shall be paid and the right to the possession of the vehicle be established to the
satisfaction of the Chief of Police on or before the date mentioned, being not less than ten days
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from the delivery of the notice if it is personally delivered, or from the date or registration of the
letter, unless the person notified chooses to appear before the Chief of Police or his designee within
such ten-day period and establishes that (1) the impounding of the vehicle was improper or (2) the
amount demanded is unreasonable, and the statement that unless the amount due the Town is paid
or determined not to be required and the right to the possession of the vehicle is established to the
satisfaction of the Chief of Police within the time specified, the vehicle will be advertised for sale
and sold by auction at a specified time and place.
(j) In accordance with the terms of the notice provided for in Section 1801(i)(3), a sale of the
vehicle by auction may be had to satisfy the claim of the Town for the storage and removal of the
vehicle and to discharge the Town from further responsibility in connection with the vehicle and
from any duty to further retain or store the vehicle. The sale shall be held at the place where the
vehicle is stored or impounded or, if it is manifestly unsuitable for the purpose, at the nearest
suitable place and shall be made to the highest bidder of a price at least as great as the estimated
value of the vehicle. After the time for the payment of the claim and the establishment to the
satisfaction of the Chief of Police of the right to possession of the vehicle has elapsed and notice
was given as required, an advertisement of the sale, describing the vehicle to be sold and stating
the names of all persons known by the Chief of Police to claim an interest in the vehicle, if any,
and the time and place of the sale, shall be published once a week for two consecutive weeks in a
newspaper published in the county. The sale shall be held not less than fifteen days from the date
of the first publication. The Chief of Police shall execute and deliver a bill of sale, together with
any report required by the Colorado Department of Revenue, evidencing transfer of title to the
vehicle to any purchaser.
(k) From the proceeds of the sale provided for in Section 1801(j), the Chief of Police shall satisfy
the claim of the Town for the charges for removal and storage of the vehicle, and for the reasonable
charges or expenses for or of the notice, advertising and sale. The balance, if any, of the proceeds
will be paid into the treasury of the Town and deposited to the general fund. No claim for refund
shall be made by any person entitled to it except if the claim is made within one year from the date
of any sale resulting in the payment of any such proceeds into the treasury. A claim or refund shall
be made to the town manager, who shall make a thorough examination of the claim. The failure
on the part of any person to request the initiation of a refund to him within one year from the date
of sale shall be conclusive of the fact that he has no meritorious claim for the refund within the set
period of one year from the date of sale and he shall not thereafter commence any action, suit or
proceeding whatsoever to obtain the refund and the Town shall be under no liability to him
whatsoever by reason of the sale for the payment of any part of the proceeds of the sale or the
entire proceeds of the sale in the treasury of the Town.
(l) When any vehicle is offered for sale at auction pursuant to the terms of this Chapter and there
is no bid for the vehicle, the Chief of Police shall declare the vehicle to be sold to the Town for the
amount of the charges for the removal and storage of the vehicle, and the charges and expenses of
notice, advertisement, and sale, and shall place the vehicle in the custody of such department of
the Town as he in his sole discretion may determine, for the sole benefit and use of the Town.
(m) There shall be no right of redemption from any sale made pursuant to the terms of this section
and after a vehicle has been sold pursuant to such terms, neither the Town nor any officer, agent
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or employee of the Town shall be liable for failure to deliver the vehicle to anyone other than the
purchaser or purchasers at the sale.
(n) Nothing contained herein shall be construed as imposing any obligation or liability on the Town
for any negligence in the towing or storage of any vehicle or with respect to the quality of title to
any vehicle.”
10.04.170 - MTC Section 1903 amended – school bus violations – increase of penalties for
traffic violations.
Section 1903 of the Model Traffic Code is amended by enactment of the following language:
“1903(6)(c). Any person who violates the provisions of paragraph (a) of subsection (1) of this
section is subject to doubled penalties and surcharges.”
Section 8. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 9. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 10. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 11. Codification Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors.
Section 12. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
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affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for
the purpose of sustaining any judgment, decree or order which can or may be rendered, entered,
or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring
such penalty or liability or enforcing such right, and shall be treated and held as remaining in force
for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before
any court or administrative tribunal.
Section 13. Publication. The Town Clerk is ordered to publish this Ordinance by posting
notice of adoption of this Ordinance on final reading by title in at least three public places within
the Town and posting at the office of the Town Clerk, which notice shall contain a statement that
a copy of the ordinance in full and a statement that a complete copies of the 2020 Model Traffic
Code adopted by reference are available for inspection for public inspection in the office of the
Town Clerk during normal business hours and which notice shall contain the penalty clauses in
full.
[SIGNATURE PAGE FOLLOWS]
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INTRODUCED AND ADOPTED ON SECOND READING AND REFERRED TO PUBLIC
HEARING on June 8, 2021 and setting such public hearing for June 22, 2021 at the Council
Chambers of the Avon Municipal Building, located at 100 Mikaela Way, Avon, Colorado.
BY: ATTEST:
____________________________ ___________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ADOPTED ON SECOND AND FINAL READING on June 22, 2021
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Paul Wisor, Town Attorney
970-300-4373 pwisor@garfieldhecht.com
TO: Honorable Mayor Smith Hymes and Council members FROM: Paul Wisor, Town Attorney
RE: Ordinance 21-05 – Concerning the Management
of Plastic Products
DATE: June 13, 2021
SUMMARY: Proposed Ordinance 21-05 seeks to codify certain efforts to manage the consumption of
plastics with the Town of Avon. First, Ordinance 21-05 amends Section 8.38.020 of the Avon Municipal
Code (the “Code) to alter the definition of “Reusable Bag” to ensure reusable bags utilized in Avon are truly
reused. Second, Ordinance 21-05 prohibits the use of expanded polystyrene food containers by retail food
establishments. This ban on expanded polystyrene takes effect January 1, 2024. Ordinance 21-05 is
presented to Council in light of the passage of HB-21-1162, which is discussed further below.
BACKGROUND: In order to fully understand the purpose for Ordinance 21-05, it is necessary to review
existing state law, previous ordinances considered by Council as well as legislation recently passed by the
Colorado General Assembly.
Local Preemption - §25-17-104, C.R.S.
Since 1989, Colorado law provided “no unit of local government shall require or prohibit the use or sale of
specific types of plastic materials or products or restrict or mandate containers, packaging, or labeling for
any consumer products.” This prohibition has prevented most municipalities from regulating plastics within
their respective jurisdictions.
Plastic Bags
Notwithstanding the prohibition found in §25-17-104, C.R.S., in October of 2017, the Town Council adopted
Ordinance 17-08, which promoted the use of reusable bags by prohibiting disposable plastic bags and
requiring a charge for the use of disposable paper bags at grocers and other retailers. Town Council
adopted Ordinance 17-08 in order to address the environmental and health problems associated with such
use, and would relieve Town taxpayers of the costs incurred by the Town in conjunction therewith.
Ordinance 17-08 permits and encourages the use of reusable bags as an alternative to disposable plastic
bags. Pursuant to Ordinance 17-08, Section 8.38.020 of the Avon Municipal Code defines “Reusable Bag”
as follows:
1.Is designed and manufactured to withstand repeated uses over a period of time. 2
2.Is made from a material that can be cleaned and disinfected regularly;
3.Is at least two and one-fourth (2.25) mils thick if made from plastic; and
4.Has the capability of carrying a minimum of eighteen (18) pounds.
Recently, the Town learned a local retailer is proposing to use a plastic bag that purportedly meets the
criteria above. While the plastic bag in question meets the letter of the law, it does not meet the spirit or
intended purpose of 17-08 as the plastic bag would likely not be considered reusable by most consumers
and will likely be discarded after a single use.
Therefore, Town Council provided direction to amend the Avon Municipal Code so plastic bags will not
qualify as a “Reusable Bag.”
Page 2 of 3
Expanded Polystyrene.
Since 2017, taking action to reduce the use of polystyrene-based disposable food service ware by food
vendors in Avon has been a priority of Council. Reduction of polystyrene is also an identified goal with the
Climate Action Plan for the Eagle County Community. In 2017 Council held two work sessions on the topic
and conducted outreach to the Avon business community. Council renewed its efforts in 2019 by holding
another working session and conducting additional outreach to the business community.
Ultimately, Council adopted Ordinance 19-11, which would have banned the use of expanded polystyrene
by food vendors serving prepared food. Ordinance 19-11 was condition on the passage of SB 20-252,
which would have removed the prohibition on local government regulation of plastics found in §25-17-104,
C.R.S. The General Assembly ultimately failed to pass SB 20-252, and Ordinance 19-11 did not take effect.
HB 21-1162
In light of the failure of SB 20-252, HB 21-1162 was introduced during the 2021 legislative session. Though
it took many different forms during the legislative process, the General Assembly approved HB 21-1162,
which achieved three main goals: 1) it removes the prohibition on local government regulation of plastics
beginning July 1, 2024; 2) phases in a plastic bag fee in 2023 and bans plastic bags in 2024; and 3) bans
the use of expanded polystyrene food containers in 2024 with an indefinite grace period for polystyrene
products in the possession of retail food establishments as of January 1, 2024.
ORDINANCE 21-05: Ordinance 21-05 amends the Town’s definition of “Reusable Bag” as part of its effort
to limit plastic bags in Avon. Specifically, Ordinance 21-05 adopts the definition of Reusable Bag found in
HB 21-1162 which provides:
•Is designed, manufactured, for at least one hundred twenty-five uses
•Can carry at least twenty-two pounds over a distance of one hundred seventy-five feet;
•Has stitched handles; and
•Is made of cloth, fiber or other fabric or a recycled material such as polyethylene terephthalate.
It is believed this revised definition will guard against the use of bags that may technically have fit the
previous definition of “Reusable Bag” but which bags would likely have been treated as regular plastic bags
and discarded after one use.
Second, Ordinance 21-05 adopts the provisions found in HB 21-1162 which prohibits retail food
establishments from using expanded polystyrene to serve ready to eat food. “Ready-to-eat” food means
food that is cooked or otherwise prepared in advance for immediate consumption. This provision will take
effect January 1, 2024.
Beginning July 1, 2024, the Town may impose more stringent restrictions than set forth in HB 21-1162.
FINANCIAL CONSIDERATIONS: There is no financial impact to the Town.
RECOMMENDATION: Staff recommends adoption of Ordinance 21-05.
Page 3 of 3
PROPOSED MOTION:
Ordinance 21-05: “I move to approve on First Reading Ordinance 21-05, amending certain portions of
Section 8.38.020 of the Code, enacting Chapter 8.50 – Prohibition On Use of Expanded Polystyrene Food
Containers, and setting a public hearing for second reading on July 13, 2021.”
Paul Wisor
ATTACHMENTS: Attachment A: Ordinance 21-05
Attachment B: Background Report of Emily Myler June 14
Ord 21-05 Management of Plastic Products
Page 1 of 7
ORDINANCE NO. 21-05
CONCERNING THE MANAGEMENT OF PLASTIC PRODUCTS
WHEREAS, pursuant to §31-15-103 and §31-15-104, C.R.S. and pursuant to the home
rule powers of the Town of Avon (“Town”), the Town Council has the power to make and
publish ordinances necessary and proper to provide for the safety, preserve the health, promote
the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, in October of 2017, the Town Council adopted Ordinance 17-08, which
promoted the use of reusable bags by prohibiting disposable plastic bags and requiring a charge
for the use of disposable paper bags at grocers and other retailers which would help address the
environmental and health problems associated with such use, would relieve Town taxpayers of
the costs incurred by the Town in conjunction therewith, and would be in the best interest of the
public health, safety and welfare of the citizens of the Town; and
WHEREAS, in promoting the use of reusable bags, Ordinance 17-08 specifically defines
the term “reusable bag” as a bag that:
1. Is designed and manufactured to withstand repeated uses over a period of time. 2
2.Is made from a material that can be cleaned and disinfected regularly;
3. Is at least two and one-fourth (2.25) mils thick if made from plastic; and
4. Has the capability of carrying a minimum of eighteen (18) pounds.
WHEREAS, an Avon retailer has proposed introducing a new type of reusable plastic
bag to be provided to patrons at no cost to carry purchased items; and
WHEREAS, the proposed new reusable plastic bags are made of 2.25 mil thick plastic,
purportedly can be reused up to 125 times, carry 18 pounds, and can be cleaned and disinfected
regularly in compliance with Ordinance 17-08; and
WHEREAS, Town Council and Town staff have examined the proposed resusable
plastic bags, and have determined such bags are unlikely to be reused and are likely to be treated
as traditional plastic bags, including being disposed of in a manner that creates they precise
environmental and health impacts Ordinance 17-08 seeks to avoid; and
WHEREAS, the Town Council finds that amending the definition of “reusable bag” to
more clearly clarify such bags shall not be disposed of like traditional plastic bags will achieve
the overall goals of Ordinance 17-08 and will promote the health, safety and general welfare of
the Avon community; and
WHEREAS, polystyrene foam is a petroleum-based, lightweight plastic material commonly
used as food service ware by retail food vendors operating in the Town of Avon; and
ATTACHMENT A: ORDINANCE 21-05
Ord 21-05 Management of Plastic Products
Page 2 of 7
WHEREAS, polystyrene foam, which means and includes blown polystyrene and expanded
and extruded foams (sometimes incorrectly called StyrofoamTM, a Dow Chemical Company
trademarked form of polystyrene foam insulation) that are thermoplastic petrochemical materials
utilizing a styrene monomer and processed by any number of techniques, including, but not
limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam
molding, and extrusion-blow molding (extruded foam polystyrene), has also become a
problematic environmental pollutant given its non-biodegradability and nearly non-reusable
nature; and
WHEREAS, there is no economically feasible means of recycling polystyrene foam locally;
and
WHEREAS, polystyrene foam is a common pollutant that fragments into small, non-
biodegradable pieces that are difficult to clean up and are ingested by aquatic life and other
wildlife; and
WHEREAS, effective ways to reduce the negative environmental impacts of disposable
food service ware include reusing or recycling food service ware and using compostable
materials made from renewable resources such as paper, cardboard, corn starch, potato starch,
and/or sugarcane; and
WHEREAS, the Town desires to restrict the use by food vendors of polystyrene foam
disposable food service ware; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Amendment to Section 8.38.020 – Definition of Reusable Bag. Section
8.38.020 is hereby amended to read as follows with strike-out indicating language to be deleted
and underline indicating language to be adopted:
Reusable bag: a bag that:
1.Is designed, manufactured, for at least one hundred twenty-five uses to withstand
repeated uses over a period of time.
Ord 21-05 Management of Plastic Products
Page 3 of 7
2.Is made from a material that can be cleaned and disinfected regularly Can carry at
least twenty-two pounds over a distance of one hundred seventy-five feet;
3. Is at least two and one-fourth (2.25) mils thick if made from plastic Has stitched
handles; and
4. Has the capability of carrying a minimum of eighteen (18) pounds Is made of
cloth, fiber or other fabric or a recycled material such as polyethylene
terephthalate.
Section 3. Addition of Chapter 8.40 to Title 8 of the Avon Municipal Code. Chapter 8.50,
“Prohibition on Use of Expanded Polystyrene Food Containers” is added to Title 8, “Health and
Safety,” of the Avon Municipal Code to read as set forth in Exhibit A: Addition of Chapter
8.50 to Title 8 of the Avon Municipal Code, attached hereto.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
Ord 21-05 Management of Plastic Products
Page 4 of 7
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 8. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
Ord 21-05 Management of Plastic Products
Page 5 of 7
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on June 22, 2021 and setting such public hearing for July 13, 2021 at the Council
Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon,
Colorado.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ADOPTED ON SECOND AND FINAL READING on July 13, 2021.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Paul Wisor, Town Attorney
Ord 21-05 Management of Plastic Products
Page 6 of 7
EXHIBIT A: ADDITION OF CHAPTER 8.50 TO TITLE 8 OF THE AVON MUNICIPAL CODE
CHAPTER 8.50 PROHIBITION ON USE OF EXPANDED POLYSTYRENE FOOD CONTAINERS
Section 8.50.010 Definitions.
Section 8.50.020 Prohibited use of expanded polystyrene food containers.
Section 8.50.030 Exemptions.
Section 8.50.040 Violation and Penalties.
8.50.010 DEFINITIONS. For the purposes of this chapter, the following terms have the following
meanings:
(a) “Container” means a receptacle upon which or inside which food may be placed for consumption, whether or not
the receptacle can be fully closed. Container includes hinged food containers, plates, bowls, cups, and trays.
(b) “Expanded Polystyrene” means and includes blown polystyrene commonly known as called StyrofoamTM, and
any other expanded or extruded foam consisting of thermoplastic petrochemical materials utilizing a styrene
monomer and processed by techniques that may include:
1) For expandable bead polystyrene, fusion of polymer spheres;
2) Injection Molding;
3) Foam molding; and
4) For extruded foam polystyrene, extrusion blow molding.
(c) “Food” means any raw, cooked, or processed edible substance, ice, beverage, or indgrediebt used or intended
for use or for sale, in whole or in part, for human consumption. Food does not include a drug, as that term is defined
in §25-5-402(9), C.R.S., as amended.
(d) “Ready-to-eat” means food that is cooked or otherwise prepared in advance for immediate consumption.
(f) "Retail food establishment” has the same meaning as set forth in §25-4-1602(14), C.R.S., as amended, except
retail food establishment does not include farmers markets and roadside markets as described in §25-4-1602(14)(j),
C.R.S., as amended.
(g) “School” has the same meaning as set forth in §23-3.9-101(6), C.R.S., as amended.
8.50.020 Prohibited use of expanded polystyrene food containers.
(a) Except as provided in subsection (b), effective January 1, 2024, a retail food establishment shall not distribute an
expanded polystyrene product for use as a container for ready-to-eat food in the Town.
(b) If a retail food establishment purchased expanded polystyrene products before January 1, 2024, the retail food
establishment may distribute any remaining inventory of the expanded polystyrene products then purchased for use
as containers for ready-to-eat food in the Town until the inventory is depleted.
Ord 21-05 Management of Plastic Products
Page 7 of 7
8.50.030 EXEMPTIONS. The following distribution of polystyrene product shall be exempt from this
Section 8.50:
(a) Distribution of a polystyrene product that is regulated as a drug, medical device or dietary supplement by the
Food and Drug Administration n the United States Department of Health and Human Services under the “Federal
Food, Drug and Cosmetic Act 21 U.S.C. Sec 321 est seq., as amended; and
(b) Distribution of a polystyrene product by a school.
8.50.040 VIOLATIONS AND PENALTIES. Any person violating any of the provisions of this Chapter shall
be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction
is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code.
970-748-4061 emyler@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Emily Myler, General Government Intern
RE: Walmart Reusable Plastic Bags and HB21-1162
DATE: June 14, 2021
SUMMARY: In January of 2021, Staff learned that Walmart Supercenter #1199, located at 171 Yoder Ave in
Avon, CO, is planning to introduce a new type of reusable plastic bag which will be provided to patrons at no
cost to carry purchased items. The bags are made of 2.25 mil thick plastic, and Walmart states that they can
be reused up to 125 times, can carry 18 pounds and can be cleaned and disinfected regularly. As described,
the proposed plastic bags meet the standards of a reusable bag outlined in Avon’s Municipal Code, Chapter
8.38 [Attachment 1]. Staff is bringing this matter to Council’s attention because there may be concerns that
the proposed reusable bags are similar enough to the previous disposable bags that they are likely to not be
reused.
This report presents relevant information and options for Council consideration.
BACKGROUND: In October 2017, Avon Town Council passed Ordinance 17-08 Adopting a New Chapter
8.38 of Title 8 of the Avon Municipal Code Establishing Disposable Bag Requirements, Including a Paper
Bag Fee and Providing for the Collection and Designation of Such Fee. The Chapter outlawed the
distribution of disposable plastic bags by retailers and established a $0.10 fee for each disposable paper
bag distributed by retailers beginning May 2018. Chapter 8.38 describes its purpose as “to protect the public
health, safety and welfare, to address the environmental problems associated with disposable bags, and to
relieve the Town taxpayers of the costs imposed upon the Town associated with disposable bags.
The intent of the Chapter is to encourage the use of reusable bags” [Section 8.38.010].
On March 27, 2020, the Town Manager issued an order to suspend the $0.10 fee for paper bags in
response to the COVID-19 pandemic. The suspension is still in place as of the writing of this report. The
current intention is to keep the suspension in place until either the Eagle County COVID-19 Public Health
Orders or Avon’s emergency declaration is repealed.
ANALYSIS:
Peer Community Review: Nine peer communities with ordinances regulating the distribution of disposable
bags were examined for this report [see Attachment 2]. Of the nine, six had a definition of “reusable bag”
almost the same as Avon’s. These definitions included the requirements that a reusable bag “Is designed
and manufactured to withstand repeated uses over a period of time; Is made from a material that can be
cleaned and disinfected regularly; Is at least two and one-fourth (2.25) mils thick if made from plastic; and
Has the capability of carrying a minimum of eighteen (18) pounds” [Avon Municipal Code, Chapter
8.38,section 8.38.020]. Many other communities added a requirement that the bags must have a lifetime of
at least 75 uses. The three remaining communities focus on the material of the bag: Frisco and
Breckinridge both require that bags be “made of canvas, woven polypropylene, or similar types of durable
materials.” Breckinridge recently excluded all bags made of plastic from this definition, regardless of
thickness and durability and Frisco implemented a requirement that plastic bags be made of at least 40
percent recycled material. Telluride requires a reusable bag “that is specifically intended for multiple reuse
and is made of cloth, fiber, or other machine washable fabric that is at least 2.25 millimeters thick.
Both Steamboat Springs and Frisco have a Walmart store within their boundaries. Frisco is not planning to
allow the bags as they are outside the definition of “reusable bag” in their Municipal Code and are not made
of any recycled material, as is required of reusable bags. Like Avon, Steamboat Springs’ Code does allow
the new bags, but the City was able to reach an agreement with their Walmart location to not use them.
ATTACHMENT B: BACKGROUND REPORT
Page 2 of 9
FINANCIAL CONSIDERATIONS: The proposed bags would replace the need to provide paper bags at
Walmart Superstore #1199 and remit $0.10 per bag to the Town of Avon, impacting the Town’s budget.
According to the budget [Attachment 3], The Town collected $73,601 in paper bag fees in 2019. Walmart
alone contributed to $28,819 or approximately 39 percent of the total [Attachment 4]. The funds from the
paper bag fees are used for various waste-management and sustainability programs including the
production and distribution of Town of Avon reusable bags, education on recycling and waste management
and infrastructure to reduce waste and increase recycling [Avon Municipal Code, Chapter 8.38, Section
8.38.50].
(Note: As of the writing of this report, the Town has suspended the paper bag fee due to COVID-19. The
effects described above will not occur until the time when the Town reinstates the bag fee, which is at this
point unknown.)
OPTIONS:
1) Amend Chapter 8.38 of the Avon Municipal Code to include a definition of “reusable bag” that either
does not allow plastic bags regardless of thickness, or to requires plastic bags include an amount of
recycled material, as exemplified by Breckinridge and Frisco respectively [see Attachment 2].
a) Pros: This option would prevent any increase in waste caused by the introduction of the new
Walmart bags. This option would also maintain the paper bag fees collected by the Town from
Walmart Superstore #1199.
b) Cons: Since the bags are not yet available, Staff can only predict how the public will use them and
may not be correct. If the public does reuse the bags as designed, they would be a sustainable and
cost-effective alternative to paper bags.
2) Require Walmart Superstore #1199 to change the bags in a way that invites reuse (i.e. including the
artwork that will go on the Town’s reusable bags, changing the texture and shape etc.)
a) Pro: The option gives the Town an opportunity to help design the bags to be an effective tool for
sustainability in Avon.
b) Con: Walmart Inc. may not be amenable to changing the bags and the Town would still lose the
paper bag fees from Walmart Superstore #1199. The public may still not reuse the bags.
3) Request that Walmart Superstore #1199 not use the bags as Steamboat Springs has done.
a) Pro: No changes to the Municipal Code need to be made and the Town will continue to receive
paper bag fees from Walmart once the fee resumes.
b) Con: Success depends on Walmart Superstore #1199’s willingness to work with the Town and there
would be no decrease in paper bag waste.
4) Allow Walmart Superstore #1199 to use the bags as they are.
a) Pro: If used as intended, the bags could decrease the use of paper bags and lift the financial burden
of buying bags from the consumer.
b) Con: If not used as intended, this option would likely increase the plastic waste going to landfill.
The Town would also lose the paper bag fees from Walmart Superstore #1199.
Page 3 of 9
UPDATES FOR COUNCIL MEETING ON 6/22/2021
Reusable Bag Material Research: Three types of bags are affected by Ordinance 17-08. Paper bags made
of virgin or recycled paper, single-use plastic bags which are made of high-density polyethylene (HDPE),
and Walmart’s multiple-use plastic bags, which are made of polyethylene terephthalate (PET). There are
many studies which compare the lifecycle impact of different bag materials, but there is wide disagreement
on what environmental impacts to measure, so conclusions differ. For the most part, researchers have found
that the impact of PET bags throughout the bag’s life is lower than that of a single-use HDPE bag, but only if
used a certain number of times before disposal. There are different threshold numbers for different studies,
but the minimum is 104 uses (or once a week for 2 years). The Walmart bags are designed to surpass this
threshold; however, the question remains whether the consumers will want to reuse them that many times
based on their look, feel and the ability to replace them at no cost.
One note of interest is that paper routinely rated poorly in environmental impact because of the effect of
cutting down trees and the energy expended to make them. Most carry bag ordinances place less restriction
on paper bags because they take less time to decompose, leading to less waste in landfills. However, most
studies find that paper bags release more greenhouse gasses into the atmosphere during decomposition
than plastic. This and the resource expenditure to produce paper bags has led many researchers to place
them lower in sustainability than even single-use HDPE bags.
The Sustainable Packaging Coalition is a U.S organization that brings together experts on packaging
sustainability. Their Definition of Sustainable Packaging [Attachment 6] gives guidance on the qualities to
promote in carry bags to maximize sustainability:
1. Is beneficial, safe & healthy for individuals and communities throughout its life cycle.
2. Meets market criteria for performance and cost
3. Is sourced, manufactured, transported, and recycled using renewable energy
4. Optimizes the use of renewable or recycled source materials
5. Is manufactured using clean production technologies and best practices
6. Is made from materials healthy throughout the life cycle
7. Is physically designed to optimize materials and energy
8. Is effectively recovered and utilized in biological and/or industrial closed loop cycles
Council should consider these criteria when amending Ordinance 17-08 to prevent loopholes like the one
Walmart used for its PET bag and ensure only the most environmentally friendly packaging is distributed in
town.
Thank you, Emily
ATTACHMENTS: Attachment 1. Town of Avon, Colorado Ordinance 17-08
Attachment 2. Comparison of Peer Communities’ Reusable Bag Definitions
Attachment 3. Town of Avon 2021 Adopted Budget, Section IV, Page 19
Attachment 4: Paper Bag Fees from Walmart in 2019
Attachment 5: Image of Proposed Walmart Reusable Bags
Attachment 6: Sustainable Packaging Coalition Definitions of Sustainable
Packaging
Attachment 7: Spec Sheet of Proposed Walmart Reusable Bags
Page 4 of 9
Attachment 1: Town of Avon, Colorado Ordinance 17-08
Page 5 of 9
Attachment 2: Comparison of Peer Communities’ Reusable Bag Definitions
Peer Community Reusable Bag Definition
Avon
Plastic disposable bags not allowed
$0.10 fee for disposable paper bags
Reusable bag: a bag that:
1. Is designed and manufactured to withstand repeated uses over a period
of time;
2. Is made from a material that can be cleaned and disinfected regularly 3.
Is at least two and one-fourth (2.25) mils thick if made from plastic; and
4. Has the capability of carrying a minimum of eighteen (18) pounds.
Frisco
$0.25 fee for paper and plastic
disposable bags.
Reusable bag: means a bag made of canvas, woven polypropylene, or similar
types of durable materials
Updated in 2020 to require disposable paper and plastic disposable bags be
made of at least 40 percent recycled material
Carbondale
Disposable plastic bags not allowed
$0.20 fee for disposable paper bags
Reusable bag means a bag that:
(1) Is designed and manufactured to withstand repeated uses over a
period of time;
(2) Is made from a material that can be cleaned and disinfected regularly;
(3) Is at least 2.25 millimeters thick if made from plastic;
(4) Has a minimum lifetime of 75 uses; and
(5) Has the capability of carrying at least 18 pounds.
Vail
Disposable plastic bags not allowed
$0.10 fee for disposable paper bags
REUSABLE BAG: A bag that:
A. Is designed and manufactured to withstand repeated uses over a period
of time;
B. Is made from a material that can be cleaned and disinfected regularly;
C. Is at least two and one-fourth (2.25) mils thick if made from plastic; and
D. Has the capability of carrying a minimum of eighteen (18) pounds. (Ord.
2(2015) § 1)
Telluride
Disposable plastic bags not allowed
$0.10 fee for disposable paper bags
Reusable Carryout Bag means a bag that is specifically intended for multiple
reuse and is made of cloth, fiber, or other machine washable fabric that is at
least 2.25 millimeters thick.
.
Boulder
$0.10 fee for paper and plastic
disposable bags
“Reusable Bag” means a bag that is:
(a) Designed and manufactured to withstand repeated uses over a period
of time;
(b) Is made from a material that can be cleaned and disinfected regularly;
(c) That is at least 2.25 mil thick if made from plastic;
(d) Has a minimum lifetime of 75 uses; and
(e) Has the capability of carrying a minimum of 18 pounds.
Paper disposable bags must be made of recycled material
Aspen Reusable Bag. The term Reusable Bag means a bag that is:
Page 6 of 9
Disposable plastic bags not allowed
$0.20 fee for disposable paper bags.
(a) Designed and manufactured to withstand repeated uses over a period
of time; and
(b) Is made from a material that can be cleaned and disinfected regularly;
and
(c) That is at least two and one-quarter (2.25) mil thick if made from plastic;
and
(d) Has a minimum lifetime of seventy-five (75) uses; and
(e) Has the capability of carrying a minimum of eighteen (18) pounds.
Breckinridge
Plastic bags not allowed
$0.10 fee for disposable paper bags
REUSABLE BAG: A plastic bag that is at least 2.25 mils thick or a bag made
of canvas, woven polypropylene, or similar types of durable materials.
Updated in 2021 to not allow plastic bags regardless of thickness and
required paper bags be made of at least 40 percent recycled material.
Steamboat Springs
Disposable plastic bags not allowed
$0.20 fee for disposable paper bags
The term Reusable Bag means a bag that is:
(a) Designed and manufactured to withstand repeated uses over a period
of time; and
(b) Is made from a material that can be cleaned and disinfected regularly;
and
(c) That is at least 2.25 mil thick if made from plastic; and
(d) Has a minimum lifetime of seventy five uses; and
(e) Has the capability of carrying a minimum of eighteen pounds.
Dillon (to be implemented)
Disposable plastic bags not allowed
Fee for disposable paper bags
Reusable bag means a bag that is:
A. Designed and manufactured to withstand repeated uses over a period
of time;
B. Is made from a material that can be cleaned and disinfected regularly;
C. That is at least two and one-quarter (2.25) mil thick if made from
plastic;
D. Has a minimum lifetime of at least seventy five (75) uses; and
E. Has the capability of carrying a minimum of eighteen (18) pounds.
Page 7 of 9
Attachment 3: Town of Avon 2021 Adopted Budget, Section IV, Page 19
Page 8 of 9
3 ,105.80
28,819.00
Attachment 4: Paper Bag Fees from Walmart in 2019
Total
Account Business Item Paid Period Due
Disposable Paper Bag
2065 Walmart Stores Inc Fee 2,836.40 1/1/2019 2/20/2019
Disposable Paper Bag
2065 Walmart Stores Inc Fee 2,689.70 2/1/2019 3/20/2019
Disposable Paper Bag
2065 Walmart Stores Inc Fee 2,827.80 3/1/2019 4/22/2019
Disposable Paper Bag
2065 Walmart Stores Inc Fee 1,648.80 4/1/2019 5/20/2019
Disposable Paper Bag
2065 Walmart Stores Inc Fee 2,427.80 5/1/2019 6/20/2019
Disposable Paper Bag
2065 Walmart Stores Inc Fee 2,562.20 6/1/2019 7/22/2019
Disposable Paper Bag
2065 Walmart Stores Inc Fee 2,950.30 7/1/2019 8/20/2019
Disposable Paper Bag
2065 Walmart Stores Inc Fee 2,287.20 8/1/2019 9/20/2019
Disposable Paper Bag
2065 Walmart Stores Inc Fee 1,703.60 9/1/2019 10/21/2019
Disposable Paper Bag
2065 Walmart Stores Inc Fee 1,901.60 10/1/2019 11/20/2019
Disposable Paper Bag
2065 Walmart Stores Inc Fee 1,877.80 11/1/2019 12/20/2019
Disposable Paper Bag
2065 Walmart Stores Inc Fee 12/1/2019 1/21/2020
Total for 2019:
Page 9 of 9
Attachment 5: Image of Proposed Walmart Reusable Bags
Page 10 of 9
Attachment 6: Sustainable Packaging Coalition Definitions of Sustainable Packaging
Test Report No. PR100697 Rev. 1
Attachment 7: Spec Sheet of Proposed Walmart Reusable Bags
Page 1 of 17
www.nts.com
National Technical Systems Main: 714-999-1616
1435 Allec Street Fax: 714-999-1636
Anaheim, CA 92805
Date: SEPTEMBER 17, 2019
Customer:
Superbag Operating
9291 Baythorne Drive Houston,
TX 777041
Purchase Order Number: 01467800
REUSABLE GROCERY BAG TESTING
SPECIFICATION:
Senate Bill 270 Reusable Grocery Bags
TESTS:
Capacity Test, Walking Test, ASTM D6988-Determination of Thickness, Washability, Visual
Inspection, XRF for Heavy Metals
TEST ITEMS:
Date Received: 6/3/2019
Sample Identification: Reusable Small 3
Bag Dimensions: 11.5”x6.5”x20.0”
This is to certify that the test samples were subjected to the reusable bag testing according the
specification above.
See Page 2 for Summary of Test Results. Test data, photographs and equipment list are attached.
Kevin Belisario Daniel Robertson
Test Report No. PR100697 Rev. 1
Page 2 of 17
Preparer and Technical Reviewer Quality Representative Department
Manager
This report and the information contained herein represents the results of testing of only those
articles/products identified in this document and selected by the client. The tests were performed to
specifications and/or procedures approved by the client. National Technical Systems (“NTS”) makes no
representations expressed or implied that such testing fully demonstrates efficiency, performance,
reliability, or any other characteristic of the articles being tested, or similar products. This report should not
be relied upon as an endorsement or certification by NTS of the equipment tested, nor does it present any
statement whatsoever as to the merchantability or fitness of the test article or similar products for a
particular purpose. This document shall not be reproduced except in full without written approval from NTS.
REVISIONS
Revision Reason for Revision Date
NR Initial Release 6/14/2019
1 Updated visual inspection photo on page 6. Added XRF
for heavy metals results on page 12-13. 9/17/2019
SUMMARY OF TEST RESULTS
Test Sample Identification Results
Visual Inspection Reusable Small 3 Met requirement
Thickness Reusable Small 3 Met requirement
Capacity Reusable Small 3 Met requirement
Walking Reusable Small 3 Met requirement
Washability Reusable Small 3 Met requirement
XRF for Heavy Metals Reusable Small 3 Met requirement
Test Report No. PR100697 Rev. 1
Page 3 of 17
Washability
TEST SAMPLE IDENTIFICATION: Reusable Small 3
TEST PROCEDURES: SB270
TEST METHOD VARIATION(S): None
SAMPLE PREP PERFORMED BY: N/A
TEST(S) PERFORMED BY: K. Belisario
TEST PERFORMED AT: 1435 S. Allec St., Anaheim CA 92805
TEST DATE: 6/3/2019
REQUIREMENT
There shall be no physical change or deterioration to product after being washed by hand or cleaned with a
household cleaner.
METHOD
Each bag was cleaned with liquid dish soap and water per the bag instructions. The bag was then visually
inspected for material degradation.
RESULTS
No major defects or physical change was observed after being hand washed with a liquid soap and water.
SAMPLE
IDENTIFICATION
Significant defects or
physical change
observed? RESULT
Reusable Small 3 none Met requirement
Test Report No. PR100697 Rev. 1
Page 4 of 17
Visual Inspection
TEST SAMPLE IDENTIFICATION: Reusable Small 3
TEST PROCEDURES: SB270
TEST METHOD VARIATION(S): None
EQUIPMENT USED: See Equipment Page
SAMPLE PREP PERFORMED BY: N/A
TEST(S) PERFORMED BY: K. Belisario
TEST PERFORMED AT: 1435 S. Allec St., Anaheim CA 92805
TEST DATE: 5/28/2019
VISUAL INSPECTION
RESULTS
Physical Characteristics
Results:
A. Labeling Results:
B.
C.
D.
E.
F.
Sample Identification:
REQUIREMENTS
Reusable Small 3
Physical Characteristics: A. Product shall have handles
Labeling: B. The name of the manufacturer
C. The country where the bag was manufactured
D. A statement that the bag is reusable and designed for at least 125 uses.
E. If the bag is eligible for recycling in the state, instructions to return the bag to
the store
for recycling or to another appropriate recycling location. If recyclable in the
state,
the bag shall include the chasing arrows recycling symbol or the term
“recyclable,”
consistent with the Federal Trade Commission guidelines use of that term, as
updated.
F. Label shall be permanently attached and be visible to the consumer.
Met
requirement
Did not meet
requirement Not Applicable Comment
Yes N/A
Yes N/A
Yes N/A
Yes N/A
Yes N/A
Yes N/A
Test Report No. PR100697 Rev. 1
Page 5 of 17
Visual Inspection - Photos
Figure 1
Figure 2
Test Report No. PR100697 Rev. 1
Page 6 of 17
Visual Inspection - Photos
Figure 3
Test Report No. PR100697 Rev. 1
Page 7 of 17
Capacity Test
TEST SAMPLE IDENTIFICATION: Reusable Small 3
TEST PROCEDURES: SB 270
TEST METHOD VARIATION(S): None
EQUIPMENT USED: See Equipment Page
TEST(S) PERFORMED BY: J. Juarez
TEST PERFORMED AT: 1435 S. Allec St., Anaheim CA 92805
TEST DATE: 5/28/2019
REQUIREMENT
A capacity of less than 15 liters (15,000cm3) is cause for rejection.
METHOD
Fill reusable bag with granular material. Using a graduated container measure the volume of material in the
plastic bag in liters.
RESULTS
SAMPLE
IDENTIFICATION
Bag was able to hold and
withstand 15 liters of material? RESULT
Reusable Small 3 Yes Met requirement
Test Report No. PR100697 Rev. 1
Page 8 of 17
Capacity Test – Photos
Figure 4
Thickness
TEST SAMPLE IDENTIFICATION: Reusable Small 3
TEST PROCEDURES: SB 270, ASTM D6988-13 Method A
TEST METHOD VARIATION(S): None
EQUIPMENT USED: See Equipment Page
TEST(S) PERFORMED BY: K. Belisario
TEST PERFORMED AT: 1435 S. Allec St., Anaheim CA 92805
TEST DATE: 5/28/2019
REQUIREMENT
Film thickness shall be at least 2.25 mils for plastic bags.
METHOD
Determination of the thickness of (1) plastic bag was accomplished using a Mitutoyo dial micrometer. Anvil
and spindle surfaces were checked and cleaned for contaminating substances and adjusted to the zero
point. The plastic bag was carefully placed between the spindle and the anvil. The thickness reading was
recorded and another measurement was taken at different location for a total of three measurements per
sample. The zero point was verified after each measurement.
Test Report No. PR100697 Rev. 1
Page 9 of 17
RESULTS
The average of 3 measurements was reported for each bag. See results below.
SAMPLE
IDENTIFICATION
AVERAGE
THICKNESS
(mils) RESULT
Reusable Small 3 2.28 Met requirement
Test Report No. PR100697 Rev. 1
Page 10 of 17
Walking Test
TEST SAMPLE IDENTIFICATION: Reusable Small 3
TEST PROCEDURES: SB 270
TEST METHOD VARIATION(S): None
EQUIPMENT USED: See Equipment Page
TEST(S) PERFORMED BY: K. Belisario
TEST PERFORMED AT: 1435 S. Allec St., Anaheim CA 92805
TEST DATE: 5/31/2019
REQUIREMENT
There shall be no tearing of the bag after 125 uses over a distance of 175 feet.
METHOD
Measure and record thickness of the specimen at the center.
Place 22lbs mass (river rocks) in the bottom of the reusable bag. Set bag on test machine used to simulate
walking motion over 175 feet for 125 trips.
Record any deterioration of the bag after each trip.
RESULTS
Testing discontinued after 125 trips. No evidence of the handles tearing or significant damage to the
reusable bags was observed. All reusable grocery bags met the requirement for the walking test.
SAMPLE
IDENTIFICATION Damage Observed RESULT
Reusable Small 3 none Met requirement
Test Report No. PR100697 Rev. 1
Page 11 of 17
Walking Test - Photos
Figure 5
Figure 6
Test Report No. PR100697 Rev. 1
Page 12 of 17
X-RAY FLUORESCENCE (XRF)
REFERENCE N/A
TEST SPECIMENS Three (3) bag samples
REQUIREMENT N/A
SUMMARY See full results below
SAMPLE PREPARATION DETAILS N/A
SAMPLE PREPARATION
PERFORMED BY
N/A
PREPARATION DATE N/A
TEST MODIFICATIONS N/A
TEST CONDITIONS N/A
TEST PERFORMED BY DDP, 5 North Park Drive Hunt Valley, MD 21030
TEST DATE September 16, 2019
EQUIPMENT USED WC051512
RESULTS:
Each sample was scanned using a Niton 3XLt XRF gun. The sample was scanned in plastics mode,
with each individual scan being performed for sixty (60) seconds. A total of three (3) scans was
taken as follows:
• Scan 1 – The entirety of one (1) “side” of the bag was scanned, with the gun being moved
slowly across the surface of the bag throughout the scan in an effort to encompass as much
of the bag surface as possible.
• Scan 2 – A spot scan was taken focused at one (1) “random” location of the sample
containing no printed material.
• Scan 3 – A spot scan was taken of the green print material.
The table below summarizes the results obtained as a result of the XRF analysis. The analysis
below shows only results of the heavy metals detected.
Results of XRF Analysis (ppm)
Test Report No. PR100697 Rev. 1
Page 13 of 17
Sample Scan Sn Pb Zn Fe Ti
1 1 134 < LOD* 27.0 52.7 9,280
2 121 < LOD 23.0 74.6 9,730
3 132 6.32 28.2 93.5 10,500
2 1 133 < LOD 34.6 77.2 7,210
2 122 < LOD 24.0 57.9 10,200
3 123 < LOD 28.4 67.4 9,810
3 1 105 < LOD 38.6 51.2 9,480
2 133 < LOD 20.0 55.0 9,440
3 127 < LOD 21.6 57.4 9,820
* - LOD signifies Limit of Detection
Test Report No. PR100697 Rev. 1
Page 14 of 17
EQUIPMENT LIST
Test Equipment List
Calibration Abbreviations
CAL calibrated
NCR no calibration required
ASTM D6988 Thickness
Asset
Number Manufacturer Description M/N S/N Range
Cal
Interval
(Months)
Cal Due
WC058860 Rotronic
HygroPalm
22
HygroPalm
22 60222853
Indication Only - Use
with Calibrated
Sensor/Probe
NCR NCR
WC058866 Rotronic HygroClip2
Probe HC2-S 60264464
0 to 100°C ±0.1 C,
0-100%RH ±0.8
%RH Cal
Points-
Temperature:25°C
and 50°C Humidity:
20% and 80%
12 09/30/2019
WC058886
Thermoelectric
Cooling
(TECA)
Conditioning
Cabinet TC-3300 33001-000
Use with Calibrated
Probe 23±2C,
50±5%RH
NCR NCR
WC058887 Rotronic HygroFlex
HF5 HF5 0060443724 See Rotronic HC2-S
Probe ID WC058866 NCR NCR
WC058962 Mitutoyo Digimatic
Indicator
ID-
C112EX 11012914 0-0.5inch span +/-
0.0001 12 12/31/2019
WC059034 Rotronic
HygroClip2
Probe HC2-S 20032361
0 to 100°C ±0.1 C,
0-100%RH ±0.8
%RH
12 10/31/2019
SB270 / Prop 67 - Capacity Test
Asset
Number Manufacturer Description M/N S/N Range
Cal Interval
(Months)
Cal Due
WC058860 Rotronic HygroPalm
22
HygroPalm
22 60222853 Indication Only - Use
with Calibrated NCR NCR
Test Report No. PR100697 Rev. 1
Page 15 of 17
Sensor/Probe
WC058866 Rotronic HygroClip2
Probe HC2-S 60264464
0 to 100°C ±0.1 C,
0-100%RH ±0.8
%RH Cal
Points-
Temperature:25°C
and 50°C Humidity:
20% and 80%
12 09/30/2019
WC058886
Thermoelectric
Cooling
(TECA)
Conditioning
Cabinet TC-3300 33001-000
Use with Calibrated
Probe 23±2C,
50±5%RH
NCR NCR
WC058887 Rotronic HygroFlex
HF5 HF5 0060443724 See Rotronic HC2-S
Probe ID WC058866 NCR NCR
WC059034 Rotronic
HygroClip2
Probe HC2-S 20032361
0 to 100°C ±0.1 C,
0-100%RH ±0.8
%RH
12 10/31/2019
Test Report No. PR100697 Rev. 1
EQUIPMENT LIST
SB270 / Prop 67 - Simulated Walking Test
Asset
Number Manufacturer Description M/N S/N Range
Cal
Interval
(Months)
Cal Due
WC058860 Rotronic
HygroPalm
22
HygroPalm
22 60222853
Indication Only -
Use with Calibrated
Sensor/Probe
NCR NCR
WC058866 Rotronic HygroClip2
Probe HC2-S 60264464
0 to 100°C ±0.1 C,
0-100%RH ±0.8
%RH Cal
Points-
Temperature:25°C
and 50°C Humidity:
20% and 80%
12 09/30/2019
WC058886
Thermoelectric
Cooling
(TECA)
Conditioning
Cabinet TC-3300 33001-000
Use with Calibrated
Probe 23±2C,
50±5%RH
NCR NCR
WC058887 Rotronic
HygroFlex
HF5 HF5 0060443724
See Rotronic HC2-S
Probe ID
WC058866
NCR NCR
WC058974 Futek 25 lb Load
Cell LRF400 553132 0-25lb ±0.05% 12 10/12/2019
WC058986 Mitutoyo Digital
Caliper
CD-6""
CSX 06233912 0-150mm (0-6 inch)
+/-0.001"" 12 12/31/2019
WC059034 Rotronic
HygroClip2
Probe HC2-S 20032361
0 to 100°C ±0.1 C,
0-100%RH ±0.8
%RH
12 10/31/2019
Visual Inspection
Asset
Number Manufacturer Description M/N S/N Range
Cal Interval
(Months)
Cal Due
WC058860 Rotronic
HygroPalm
22
HygroPalm
22 60222853
Indication Only -
Use with Calibrated
Sensor/Probe
NCR NCR
WC058866 Rotronic HygroClip2
Probe HC2-S 60264464
0 to 100°C ±0.1 C,
0-100%RH ±0.8
%RH Cal
Points-
Temperature:25°C
and 50°C Humidity:
20% and 80%
12 09/30/2019
WC058886
Thermoelectric
Cooling
(TECA)
Conditioning
Cabinet TC-3300 33001-000
Use with Calibrated
Probe 23±2C,
50±5%RH
NCR NCR
WC058887 Rotronic
HygroFlex
HF5 HF5 0060443724
See Rotronic HC2-S
Probe ID
WC058866
NCR NCR
WC059034 Rotronic
HygroClip2
Probe HC2-S 20032361
0 to 100°C ±0.1 C,
0-100%RH ±0.8
%RH
12 10/31/2019
Page 15 of 17
Test Report No. PR100697 Rev. 1
EQUIPMENT LIST
Material
Asset
Number Manufacturer Description M/N S/N Range
Cal
Interval
(Months)
Cal Due
WC058866 Rotronic HygroClip2
Probe
HC2-
S 60264464 0 to 100°C ±0.1 C, 0-
100%RH ±0.8 %RH Cal 12 09/30/2019
Points- Temperature:25°C
and 50°C Humidity: 20%
and 80%
WC058886
Thermoelectric
Cooling
(TECA)
Conditioning
Cabinet
TC-
3300 33001-000 Use with Calibrated Probe
23±2C, 50±5%RH NCR NCR
WC058887 Rotronic HygroFlex
HF5 HF5 0060443724 See Rotronic HC2-S
Probe ID WC058866 NCR NCR
WC059034 Rotronic HygroClip2
Probe
HC2-
S 20032361 0 to 100°C ±0.1 C, 0-
100%RH ±0.8 %RH 12 10/31/2019
XRF
Asset
Number Manufacturer Description M/N S/N Range
Cal Interval
(Months)
Cal
Due
WC051512
Thermo
Fisher
Scientific
X-ray Gun,
Printer and
STand
XI3T700 30859 n/a
calibrate
before
use
calibrate
before
use
Test Report No. PR100697 Rev. 1
***END OF REPORT**
970-748-4023 cmcwilliams@avon.org
Staff Review
Recommendation
TO: Honorable Mayor Smith Hymes and Council members
THRU: Matt Pielsticker, AICP, Planning Director
FROM: David McWilliams, AICP, Town Planner
RE: Ordinance 21-09 – Approving Code Text Amendments to
Chapter 7 of the Avon Municipal Code
DATE: June 14, 2021
STAFF REPORT OVERVIEW: This staff report contains one application for consideration by the Town
Council: Code Text Amendment (“CTA”) for various sections of Avon Development Code (“ADC”).
SUMMARY: Town Council directed staff to initiate various CTAs and staff included other sections in need
of modification. Best practice includes a yearly review of the ADC to determine if updates or edits are
necessary. Attached to this report is draft Ordinance 21-09 with CTA language included, with strike-out
indicating language to be deleted and underline indicating language to be adopted.
LIST OF PROPOSED CHANGES: The following bullets, with associated ADC sections, are discussed in
this report. Additional sections are included in the Ordinance due to removal of cross-references.
•Development Plan and Design Review - 7.16.080 and 7.16.090
•Public Facility District wording - 7.20.080(e)
•Industrial – Commercial Employment Zone District Wording - Table 7.20 – 13
•Employee housing mitigation clarification - 7.20.100
•Parking and loading language - Table 7.28-2
•Exterior Lighting - 7.28.090
•Sign Code - digital signs and window signs- 7.34
PROCESS: The Planning and Zoning Commission (“PZC”) reviews CTA applications and provides a
recommendation to Council after conducting a public hearing. Council acts upon CTA applications through
Ordinance, after conducting first and second readings and a public hearing.
PZC ACTION: After a work session and a public hearing, staff updated the language of certain sections
due to feedback. The PZC voted unanimously (6-0) to recommend Town Council approve the CTA. Since
that time, staff included additional sections containing cross-references for modification. Additional
dialogue regarding language is welcome from the Town Council.
Planning & Zoning
Public Hearing
Recommendation to
Council
Town Council
First and Second
Reading - Ordinance
Page 2 of 3
RECOMMENDATION: I recommend that Town Council approve first reading of Ordinance 21-09
ORDINANCE 21-09: RECOMMENDED MOTION: “I move to approve on First Reading Ordinance 21-09,
approving Code Text Amendments to Chapter 7 of the Avon Municipal Code, and setting a public hearing
for second reading on July 13, 2021.”
Design Review into Development Plan- 7.16.080 and 7.16.090: This change incorporates all relevant
design review procedures within one section. The design review procedure is slated to be removed
because it is never a process independent from development plan. Formatting is also now consistent with
other chapters, with listed purpose statements. Combining the sections makes the ADC more
approachable. Staff kept the majority of the Development Plan section intact and added applicable
language from the Design Plan purposes and review criteria. This way, all the relevant information from
the two sections is captured in one.
Public Facility District wording 7.20.080(e): This proposed modification clarifies that public employee
housing is intended within the district. “Government employee housing and Community Housing” was
added to Table 7.24-1, Allowed Uses in 2019 and this modification reinforces that point. This change
further clarifies the intent of the Town to develop housing on PF zoned land (Swift Gulch site).
Light Industrial – Commercial Wording – Table 7.20 - 13: Accessory Dwelling Units (ADU) are a specific
type of development, which is tied to a primary residence. Including the phrase “ADU” in this section is
contrary to its universally understood definition. Also, staff removed “Employment Zone District” within the
name, as it only appears in this table.
Parking and loading language - Table 7.28-2: Current language is unclear for parking requirements of
multi-family development (i.e. 2 bedroom requirements) and needs to be continually clarified by staff to
potential applicants. Based upon discussion with the PZC, staff proposes additional “Dwelling, Multi-Family
(Short-Term Rental Overlay) with Parking Management Plan” and “Accommodation” categories to
differentiate and address common development types. Multi-family construction is now proposed to be
broken down by bedroom count, removing the 2,500 sq. ft. threshold as directed by the PZC.
Exterior Lighting - 7.28.090: This amendment ties the lighting code from Chapter 15.30 (building) to
Chapter 7 (development). This will make enforcement easier during the application process and during any
code compliance cases, but policy remains the same.
Fence Design Standards – 7.28.080(b): Staff suggests the inclusion of size and screen mesh
requirements, which would diminish Alternative Equivalent Compliance applications processed by staff and
heard by the PZC.
CODE TEXT ANALYSIS
RECOMMENDED MOTION
Page 3 of 3
Sign code update- illuminated signs and window signs- 7.34: Town Council directed staff to limit digital
signs (for example, menu boards) on private property. Currently, “digital display” signs are permitted as
freestanding or wall-mounted signs on arterial streets. The change allows only the Town of Avon to install
them, for government use. Also, a small change in window signs is proposed to clarify allowances for
illuminated signs.
According to the ADC Sec. 7.16.040(c), Review Criteria, the Town Council shall use the following
review criteria as the basis for recommendations and decisions on applications to amend the text of the
Development Code:
1.The text amendment promotes the health, safety and general welfare of the Avon
community;
2.The text amendment promotes or implements the goals and policies of the Avon
Comprehensive Plan;3.The text amendment promotes or implements the purposes stated in the Development
Code; or
4.The text amendment is necessary or desirable to respond to changed conditions, new
planning concepts or other social or economic conditions.
Staff Response: The Application addresses Town needs for administrative ease and maintains the
current aesthetic of the Town better than the current ADC. It promotes the health, safety and welfare of
the community and implements goals and policies of the Comprehensive Plan and Avon Community
Housing Plan.
Comprehensive Plan goals and policies relating to the CTA are below:
Goal A.1: Promote a compact community form.
Policy F.1.8: Promote Town Center development that minimize automobile travel.
Goal G.3: Discourage air, water, light, and noise pollution.
Policy G.3.2: Enforce the use of “Dark Sky” compliant fixtures.
The CTA implements the ADC purposes, including (l): “Promote architectural design which is compatible,
functional, practical and complimentary checking to Avon's sub-alpine environment”.
Attachment: Ordinance 21-09
REVIEW CRITERIA: CODE TEXT AMENDMENT
Ord 21-09 Chapter 7 Amendments July 13, 2021
Page 1 of 16
ORDINANCE NO. 21-09
APPROVING CODE TEXT AMENDMENTS TO CHAPTER 7 OF THE AVON
MUNICIPAL CODE
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon (“Town”), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, Town Council initiated a code text amendment application for changes to sections
of Chapter 7 including: Violations - §7.04.160; Development Review Procedures and Review
Authority - Table 7.16-1; General procedures and requirements - §7.16.020(c)(2); Design
Review and Development Plan - §7.16.080 and §7.16.090; Review Procedures - §7.16.150;
Public Facilities (PF)- §7.20.080(e); Industrial – Commercial Zone District - Table §7.20-13;
Employee housing mitigation - §7.20.100; Restaurant - §7.24.060(g)(1); Off-Street Parking -
Table §7.28-2; Parking and loading - §7.28.020(g)(iv); Fence Design Standards - §7.28.080(b);
Exterior Lighting - §7.28.090(c)(6); Definitions - §7.34.010(b); Permitted Signs Generally -
§7.34.010(d); Lighting - §7.34.010(e)(5); Master Sign Programs - §7.34.010(h)(2); Prohibited
signs - §7.34.010(i); and
WHEREAS, the code text amendments are in conformance with Avon Comprehensive Plan
Goal A.1 and 3.4 and Policies F.1.8 and G.3.2; and
WHEREAS, the code text amendments will help implement the Avon Community Housing Plan; and
WHEREAS, the Town Council finds that the code text amendments will promote the health,
safety and general welfare of the Avon community; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
ATTACHMENT A
Ord 21-09 Chapter 7 Amendments July 13, 2021
Page 2 of 16
Section 2. Amendment to Chapter 7.04.160 - Violations. Chapter 7.04.160 is hereby
amended to read as follows with strike-out indicating language to be deleted and underline
indicating language to be adopted:
(c) Transfer or Sale of Interest Prior to Final Subdivision Approval. It is unlawful for any
person to transfer or sell or agree to sell any lot, tract, parcel, site, separate interest (including
a leasehold interest), condominium interest, timeshare estate or any other division within a
subdivision within the Town until such subdivision has been approved in writing by the
Town Council and a plat thereof recorded in the office of the Eagle County Clerk and
Recorder. A written agreement to sell a condominium unit prior to final subdivision approval
shall not constitute a violation of this Section if: the written agreement is expressly
conditioned upon approval of the Town Council of the final subdivision plat and all related
documents, the preliminary plan has been approved by the Town Council, the building or
property to be subdivided has received design review development plan approval (if
applicable), the written agreement provides that the prospective buyer or purchaser is entitled
to terminate the written agreement and is entitled to receive the full amount of any monies
deposited and the form of the written agreement has received approval by the Town Attorney
prior to using the form of such written agreement with a prospective purchaser or buyer.
Section 3. Amendment to Table 7.16-1 - Development Review Procedures and Review
Authority. Table 7.16-1 is hereby amended to read as follows with strike-out indicating
language to be deleted:
Procedure Notice
Requirements*
Director PZC TC
Comprehensive Plan Amendment
(§7.16.030)
R H-R H-D
Code Text Amendment (§7.16.040) R H-R H-D
Rezoning (§7.16.050) M R H-R H-D
Planned Unit
Development
(§7.16.060)
Administrative PUD D A
Minor PUD
Amendment
M R H-R H-D
Lot Split PUD
Amendment for
Wildridge PUD
M R H-R H-D
Major PUD M R H-R H-D
Ord 21-09 Chapter 7 Amendments July 13, 2021
Page 3 of 16
Amendment
Preliminary PUD M R H-R H-D
Final PUD M R H H-D
Subdivision
(§7.16.070)
Administrative
Subdivision
D A
Minor Subdivision D A
Preliminary Plan M R H-R H-D
Final Plan M R H-D
Development
Plan
(§7.16.080)
Minor D or R H-D A
Major R H-D A
Major in Town Core R H-R H-D
Design Review (§7.16.090) D or R H-R or
H-D
H-D or A
Special Review Use (§7.16.100) M R H-D A
Variance (§7.16.110) M R H-D A
Alternative Equivalent Compliance
(§7.16.120)
R R-D or R A or R-D
Right-of-way Vacation (§7.16.130) M R H-D
Vested Property Right (§7.16.040) M R H-R H-D
Location, Character and Extent
(§7.16.150)
R H-D A
Sign Plan
(§7.16.160)
Minor D or R H-D A
Major R H-D A
Appeal (§7.16.160) H-D
Annexation (§7.36) M R H-R H-D
Ord 21-09 Chapter 7 Amendments July 13, 2021
Page 4 of 16
1041 Permit (§7.40) R H-R H-D
Historic and/or Cultural Preservation
Designated (§7.50)
H-D
Section 4. Amendment to Chapter 7.16.020(c)(2) – General procedures and
requirements. Chapter 7.16.020(c)(2) is hereby amended to read as follows with strike-out
indicating language to be deleted:
Referral to Other Agencies. Development applications may be referred to other agencies for
review and comment. The Director shall attempt to identify appropriate referral agencies and
shall consider the comments from referral agencies as part of the staff review and report. The
Planning and Zoning Commission and Town Council may determine that referral of a
development application to an agency for review and comment is appropriate where such
referral agencies may provide comments relevant to evaluating the development application
for compliance with the review criteria. Referral of development applications to other
agencies shall provide a minimum time frame for review and comment of fourteen (14) days
for development plans, design review, variances, amendments to text of the Development
Code and minor subdivisions; and twenty-one (21) days for preliminary subdivision, planned
unit development, planned unit development amendments, rezoning and 1041 permits;
however, the time frame for review and comment may be extended if the development
application presents technical issues which require additional review, if additional
information is provided by the applicant or the application is modified. Referral agencies
may include, but are not limited to:
Section 5. Amendment to Chapter 7.16.150(b) – Review procedures. Chapter
7.16.150(b) is hereby amended to read as follows with strike-out indicating language to be
deleted:
Applications for location, character and extent shall follow the general review procedures set
forth in Section 7.16.020, General Procedures and Requirements. Applications for location,
character and extent may be initiated by the owner or the governmental body having
jurisdiction over the public facility. Applications for location, character and extent may be
combined with other application procedures and submittal requirements, including but not
limited to development plan, design review and subdivision. The failure of the PZC and
Council to act within sixty (60) days from and after the date of official submission of a
complete application to the Town shall be deemed approval of such application.
Ord 21-09 Chapter 7 Amendments July 13, 2021
Page 5 of 16
Section 6. Amendment to Chapter 7.16.080 - Development plan. Chapter 7.16.080 is
hereby amended to read as follows with strike-out indicating language to be deleted and
underline indicating language to be adopted:
The purpose of the development plan review process is to ensure compliance with the
development and design standards and provisions of this Development Code. It is designed to
encourage quality development reflective of the goals, policies and objectives of the
Comprehensive Plan.
(a) Purpose. The general purpose of the development plan review process is to ensure
compliance with the development and design standards of the Development Code prior to
the issuance of a building permit or concurrent with other required permits and to
encourage quality development reflective of the goals and objectives of the Avon
Comprehensive Plan. Specific purposes of development plan review include, but are not
limited to the following:
(1) To prevent excessive or unsightly grading of property that could cause disruption of
natural watercourses or scar natural landforms;
(2) To ensure that the location and configuration of structures, including signs and
signage, are visually harmonious with their sites and with surrounding sites and
structures and that there shall be conformance to the Comprehensive Plan of the Town;
(3) To ensure that the architectural design of structures and their materials and colors are
visually harmonious with the Town's overall appearance, with natural and existing
landforms and with officially approved development plans, if any, for the areas in
which the structures are proposed to be located; and
(4) To ensure that plans for the landscaping of property and open spaces conform with
adopted rules and regulations and to provide visually pleasing settings for structures on
the same site and on adjoining and nearby sites.
(ab) Applicability. A development plan shall be required for all new development and any
modification to an existing development or development plan.
(bc) Development Plan Categories. Categories of development plans are established and
defined as follows for the purpose of determining the appropriate development plan review
procedure:
(1) Major Development Plan. Major development plans include all new building
construction over six hundred (600) square feet;
(2) Minor Development Plan. Minor development plans include the following:
(i) All new building construction six hundred (600) square feet or less;
(ii) Modifications to Dumpster locations;
(iii) Screen wall modifications;
(iv) Landscape modifications, including but not limited to removal of existing
vegetation and addition of new vegetation;
Ord 21-09 Chapter 7 Amendments July 13, 2021
Page 6 of 16
(v) Deck modifications, including but not limited to additions, new construction and
materials or color modifications;
(vi) Mechanical equipment modifications;
(vii) Modifications to the exterior of an existing building, including but not limited to
windows, doors, minor architectural details, colors and materials;
(viii) Modifications to approved development plans which result in a ten-percent or
less increase to lot coverage; ten-percent or less increase to building height; ten-
percent or less increase to the amount of square footage of a land use or structure
and does not result in a change in the types of uses in the project;
(ix) Modifications to approved development plans which do not change the character
of the approved design; and
(x) Other similar changes to a structure or property that do not significantly impact
the site layout or design of a building.
(cd) Review Procedures. The general review procedures described in Section 7.16.020,
General procedures and requirements, shall apply to development plan applications. All
development plan applications shall also comply with the procedures listed in Section
7.16.090, Design review. Specific additions and modifications to the general review
procedures are identified below.
(de) Notice and Hearing. PZC shall review and render a decision or recommendation on the
development plan application after conducting a public hearing. Town Council shall conduct
a public hearing when reviewing a Development Plan applicable in the Town Core. Notice
of the public hearing shall be published and posted in accordance with Subsection
7.16.020(d)(1) and mailed notice is not required. The decision of PZC may be appealed to
the Town Council pursuant to Section 7.16.160, Appeal. The Director shall not conduct a
public hearing for administrative review and decision on development plan applications.
(ef) Review Authority. The review authority for a development plan application shall be
determined by the subdivision category.
(1) Major Development Plan. The Director shall review and provide a recommendation to
the PZC on all major development plan applications. The PZC shall render the final
decision on a major development plan, unless the application is located within the Town
Core. The decision of the PZC may be appealed to the Town Council pursuant to
Section 7.16.160, Appeal. If an application is located within the Town Core, the
Director shall review and provide a recommendation to the PZC. The PZC shall review
and provide a recommendation to the Town Council. The Town Council shall render the
final decision on a major development plan within the Town Core.
(2) Minor Development Plan. The Director shall review and render decisions on all minor
development plan and minor sign plan applications. The decision of the Director may be
appealed to the Town Council pursuant to Section 7.16.170, Appeal. The Director may
refer to the PZC any plan application that the Director determines warrants review by
the PZC.
Ord 21-09 Chapter 7 Amendments July 13, 2021
Page 7 of 16
(fg) Review Criteria. The following review criteria shall be considered as the basis for a
decision on development plan applications:
(1) Evidence of substantial compliance with the purpose of the Development Code as
specified in Section 7.04.030, Purposes;
(2) Evidence of substantial compliance with Section 7.16.090, Design review;
(3) Consistency with the Avon Comprehensive Plan The design conforms with the Avon
Comprehensive Plan and other applicable, adopted plan documents;
(4) Consistency with any previously approved and not revoked subdivision plat, planned
development or any other precedent plan or land use approval for the property as
applicable;
(5) Compliance with all applicable development and design standards set forth in this
Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and
Official Zoning Map, Chapter 7.24, Use Regulations and Chapter 7.28, Development
Standards; and
(6) That the development can be adequately served by city services, including but not
limited to roads, water, wastewater, fire protection and emergency medical services.;
and
(7) The development design relates conforms with the character of the surrounding
community; or, where redevelopment is anticipated, relates the development to the
character of Avon as a whole.
(gh) Expiration. A development plan approval expires pursuant to Subsection 7.16.020(h).
(hi) Revocation. Approved site plan documents shall be binding upon the applicants and their
successors and assigns. No permit shall be issued for any building or structure or use that is
not in accord with the approved documents or any approved modifications thereto. The
construction, location, use or operation of all land and structures within the site shall
conform to all conditions and limitations set forth in the documents. No structure, use or
other element of approved design review documents shall be eliminated, altered or provided
in another manner unless an amended site plan is approved. Any deviation from the
approved development plan as approved shall be grounds for revocation of the development
plan approval.
Section 7. Amendment to Chapter 7.16.090 - Design review. Chapter 7.16.090 is hereby
deleted in its entirety.
Section 8. Amendment to Table 7.20-9 Dimensions for the Town Center District. Table
7.20-9 is hereby amended to read as follows with strike-out indicating language to be deleted
and underline indicating language to be adopted:
Table 7.20-9
Dimensions for the Town Center District
Ord 21-09 Chapter 7 Amendments July 13, 2021
Page 8 of 16
Min. Lot
Size
(acres or
sq. ft.)
Min.
Lot
Width
(feet)
Max. Lot
Coverage
(%)
Min.
Landscape
Area (%)
Min.
Front
Setback
(feet)
Min. Side
Setback
(feet)
Min.
Rear
Setback
(feet)
Max.
Building
Height
(feet)
n/a n/a 50 [5] 20 0 [1, 4] 7.5 [2] 10 [3] 80
[1] Infill development shall match the smallest setback of existing, adjacent structures.
[2] TC abutting a residential district shall match the side yard setback standards of that district.
[3] When abutting a public street, alley or public right-of-way. The rear setback for TC abutting a
residential district shall be 20 feet, regardless of the location of any street, alley or ROW.
[4] Nonresidential development that incorporates public space such as a plaza or courtyard into the
building design may increase the front setback by up to 20 feet to accommodate that area up to 40%
of the front building line.
[5] May be increased to 80% if employee housing mitigation is provided in accordance with Section
7.20.100.
Section 9. Amendment to Chapter 7.20.080(e) - Public Facilities (PF). Chapter
7.20.080(e) is hereby amended to read as follows with strike-out indicating language to be
deleted and underline indicating language to be adopted:
Public Facilities (PF). The PF district is intended to provide sites for public uses such as
community centers, police and fire stations, and governmental facilities, government
employee housing, and Community Housing. The uses permitted in this district are
identified by location in the Avon Comprehensive Plan. Unless otherwise set forth in the
Avon Comprehensive Plan, the following dimensional requirements shall apply for the
Public Facility (PF) zone district:
Section 10. Amendment to Table 7.20-13 Dimensions for the Light Industrial and
Commercial Employment District. Table 7.20-13 is hereby amended to read as follows with
strike-out indicating language to be deleted and underline indicating language to be adopted:
Table 7.20-13
Dimensions for the Light Industrial and Commercial Employment District
Ord 21-09 Chapter 7 Amendments July 13, 2021
Page 9 of 16
USE TYPE
Min.
Lot
Size
(acres
or sq.
ft.)
Min.
Lot
Width
(feet)
Max. Lot
Coverage
(%)
Min.
Landscape
Area (%)
Min.
Front
Setback
(feet)
Min.
Side
Setback
(feet)
Min.
Rear
Setback
(feet)
Max.
Building
Height
(feet)
Max.
Density
Residential
Mixed Use
or IC
21,780
sq. ft. 100 50 20 25 7.5 10 48
See
footnote
[1]
Community
Housing
21,780
sq. ft. 100 50 20 25 7.5 10 48 10 du/acre
[2]
[1] Accessory dDwelling units which are accessory to the commercial use are permitted as a special review
use pursuant to Section 7.16.100. The maximum density residential in a mixed use project shall be no more
than four (4) ADU per acre; provided, however, on lots located on less than one (1) acre in size, the
Maximum Residential shall be four (4) ADU per lot.
[2] Additional Water Rights Dedication. The dedication of additional water rights may be required as a
condition to approval of development which exceeds the meter size assigned to the property. The Town may
accept cash-in-lieu of dedication in accordance with a water rights dedication impact fee schedule adopted
by ordinance if the Town has adequate availability of surplus water rights as determined by the Town
Council in its sole discretion.
Section 11. Amendment to 7.20.100 - Employee housing mitigation. Chapter 7.20.100 is
hereby amended to read as follows with underline indicating language to be adopted:
(b)Applicability. This Section shall apply to new multi-family residential (3 or more
units), commercial, accommodation units, industrial and other non-residential
development within the Town. This Section applies to all entities, including private and
non-profit entities. All Employee housing mitigation dwelling units required in Table
7.20-14 below are applied to the maximum residential density of the development.
Section 12. Amendment to Chapter 7.24.060(g)(1) - Restaurant. Chapter 7.24.060(g)(1) is
hereby amended to read as follows with strike-out indicating language to be deleted and
underline indicating language to be adopted:
An eating and drinking establishment allowed under this Code may provide outdoor
seating areas for customers following design review development plan approval and
issuance of a liquor license. The approval of outdoor seating shall be reviewed against the
following criteria:
Ord 21-09 Chapter 7 Amendments July 13, 2021
Page 10 of 16
Section 13. Amendment to Table 7.28-2 - Off-Street Parking. Table 7.28-2 is hereby
amended to read as follows with strike-out indicating language to be deleted and underline
indicating language to be adopted:
Use Category Use Type Parking Requirement
Residential Uses
Residential and
Accommodation
Uses
Dwelling, Single-Family, Duplex 2 per unit; 3 per unit for units over
2,500 sq. ft.
Dwelling, Multi-Family Studio/ Lock off/ Accommodation
unit 1 per unit
1 bedroom – 1.5 per unit
/DU over 2,500 sq. ft.
All others- 2 per unit
Dwelling, Multi-Family (Short-Term
Rental Overlay) with Parking
Management Plan
1 per unit, plus Guest Parking
Guest Parking for Multi-Family 3-5 units - 2 spaces
5-10 units - 3 spaces
11-15 units - 4 spaces
16-20 units - 5 spaces
21-25 units - 6 spaces
Over 25 units - 7 spaces plus 1 space
for each 5 units in excess of 25 up to
a maximum of 10 additional spaces.
Group Living Group Homes 1 per bed plus 1 per 100 sq. ft. of
GFA
Retirement home, nursing home or
assisted living facility
1 per 4 beds and 1 per employee with
consideration to the number of shifts
worked.
Use Category Use Type Parking Requirement
Public and Institutional Uses
Ord 21-09 Chapter 7 Amendments July 13, 2021
Page 11 of 16
Community
Services
Art gallery or museum 4 per 1,000 sq. ft. GFA
Community centers 4 per 1,000 sq. ft. GFA
Government services, offices and
facilities
4 per 1,000 sq. ft. GFA
Library 4 per 1,000 sq. ft. GFA
Religious assembly 4 per 1,000 sq. ft. GFA
Day Care Child care center 2 per 1,000 sq. ft. GFA
Preschool, nursery school 2 per 1,000 sq. ft. GFA
Educational
Facilities
College or university (non-exempt) 4 per 1,000 sq. ft. GFA
School, K-12 (public and private) 4 per 1,000 sq. ft. GFA
School, vocational-technical and
trade
4 per 1,000 sq. ft. GFA
Health Care
Facilities
Medical center/ hospital 4 per 1,000 sq. ft. GFA
Medical and dental clinics and
offices
4 per 1,000 sq. ft. GFA
Urgent care facility 4 per 1,000 sq. ft. GFA
Parks and Open
Space
Golf course 4 per green
Commercial Uses
General Commercial Uses unless otherwise stated 4 per 1,000 sq. ft. GFA
Food and
Beverage
Services
Restaurants, bars and taverns 1 per 60 sq. ft. of indoor seating area.
Office Administrative and professional
offices
3 per 1,000 sq. ft. GFA
Recreation and
Entertainment,
Outdoor commercial recreation/ Determined by the Director
Lighting Standards, Avon Buildings and Construction.
Ord 21-09 Chapter 7 Amendments July 13, 2021
Page 12 of 16
Outdoor entertainment
Recreation and
Entertainment,
Indoor
Indoor commercial recreation/
entertainment
Determined by the Director
Accommodation Lodging, Hotel 1 per unit
Wholesale
Business
Wholesale business 1 per 800 sq. ft. GFA
Industrial Service
General Industrial Uses unless otherwise stated 1 per 800 sq. ft. GFA
Section 14. Amendment to 7.28.020(g)(iv) Electric Vehicle Parking. Chapter
7.28.020(g)(iv) is hereby amended to read as follows with strike-out indicating language to be
deleted and underline indicating language to be adopted:
Electric Vehicle Parking. As required by Section 15.28, Electrical Vehicle Charging
Standards, Avon Buildings and Construction, the quantity and location of EV parking spaces
must be demonstrated at design review development plan.
Section 15. Amendment to 7.28.060(d)(4) Alternate Screening. Chapter 7.28.060(d)(4) is
hereby amended to read as follows with strike-out indicating language to be deleted and
underline indicating language to be adopted:
Alternate Screening. Mechanical equipment that is not screened in full compliance with
the screening standards of this Section shall be reviewed in accordance with Section
7.16.09080, Design Review Development plan. Alternate screening methods may
include, but shall not be limited to, increased setbacks, increased landscaping, grouping
the equipment on specific portions of a site, architectural features and painting.
Section 16. Amendment to 7.28.090(c)(6) Exterior Lighting. Chapter 7.28.090(c)(6) is
hereby amended to read as follows with underline indicating language to be adopted:
Exterior Lighting:
(1) The location and design of exterior lighting shall comply with Section 15.30, Outdoor
Ord 21-09 Chapter 7 Amendments July 13, 2021
Page 13 of 16
Section 17. Amendment to 7.34.010(b) - Definitions. Chapter 7.34.010(b) is hereby
amended to read as follows with underline indicating language to be adopted:
Foot-candle means a unit of incident light (on a surface) stated in lumens per square foot
and measurable with an illuminance meter, a.k.a. footcandle or light meter. One (1)
footcandle is equal to one (1) lumen per square foot.
Town of Avon sign means a sign erected, installed, or maintained by the Town of Avon for
any public purpose, or a sign located on a building owned by the Town.
Section 18. Amendment to 7.34.010(d) – Permitted Signs Generally. Chapter 7.34.010(d)
is hereby amended to read as follows with strike-out indicating language to be deleted and
underline indicating language to be adopted:
(7) Town of Avon Government signs (exempt, including any digital displays).
(13) Window Signs (exempt, as long as square footage and type requirements are met).
Section 19. Amendment to 7.34.010(e)(5) – Lighting. Chapter 7.34.010(e)(5) is hereby
amended to read as follows with strike-out indicating language to be deleted and underline
indicating language to be adopted:
Lighting shall be of no greater wattage than is necessary to make the sign visible at night,
and should not reflect unnecessarily onto adjacent properties. Lighting sources, except neon
tubing, should not be directly visible to passing pedestrians or vehicles, and should be
concealed in such a manner that direct light does not shine in a disturbing manner. Internally
Lit signs shall not be illuminated when the business is closed.
(8) Digital Displays, Electronic Message Centers, and electronic changeable copy signs.
Auto-oriented electronic messages, images, and/or changeable copy signs are permitted
along arterial streets only for gasoline pricing, parking garage stall counter displays,
drive-thru menu boards, drive-thru lane informational signage, provided that they meet
the following criteria:
i.Such signs shall be equipped with automatic dimmers, which shall be programmed
to not exceed three tenths (.3) footcandles over ambient light levels.
ii. Signs shall not cause distractions to drivers with moving images or similar effects.
iii.Individual letters are limited to 17 inches in height.
iv. Digital signs are included in sign area calculations.
Ord 21-09 Chapter 7 Amendments July 13, 2021
Page 14 of 16
v.Drive-thru signs shall be oriented to face the interior of the lot and include adequate
screening to not impact the view of neighboring properties or the adjacent street.
Section 20. Amendment to 7.34.010(h)(2) – Master Sign Programs. Chapter 7.34.010(h)(2)
is hereby amended to read as follows with strike-out indicating language to be deleted and
underline indicating language to be adopted:
Master Sign Programs are encouraged for all properties and are required as a part of the
design review development plan process for all proposed projects.
Section 21. Amendment to 7.34.010(i) – Prohibited signs. Chapter 7.34.010(i) is hereby
amended to read as follows with strike-out indicating language to be deleted and underline
indicating language to be adopted:
(9) Signs erected on public rights-of-way, except government Town of Avon signs.
Section 22. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term “provision” means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term “application” means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 23. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 24. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 25. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
Ord 21-09 Chapter 7 Amendments July 13, 2021
Page 15 of 16
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 26. Codification of Amendments. The codifier of the Town’s Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 27. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
Ord 21-09 Chapter 7 Amendments July 13, 2021
Page 16 of 16
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on June 22, 2021 and setting such public hearing for July 13, 2021 at the Council
Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon,
Colorado.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
ADOPTED ON SECOND AND FINAL READING on July 13, 2021.
BY: ATTEST:
____________________________ ____________________________
Sarah Smith Hymes, Mayor Brenda Torres, Town Clerk
APPROVED AS TO FORM:
____________________________
Paul Wisor, Town Attorney
970-748-4045 jhildreth@avon.org
TO: Honorable Mayor Smith Hymes and Council Members FROM: Justin Hildreth, Town Engineer
RE: Digital Display Signs Update
DATE: June 18, 2021
SUMMARY: This report presents an update on the 2021 Digital Display Sign (“DDS”) program. Avon
installed the first DDS in 2014 along Avon Road in front of Walgreens. This DDS has become an effective
method to notify the public of events in Avon and provide public safety warnings. The community survey
results showed they are one of the most effective communication methods the Town has with the public.
Since 2014, DDS have reduced in price, improved in resolution, are able to be operated over cellphone
networks and have become common in communities. The messages displayed on the signs will follow
standards recommended by the Planning and Zoning Commission that ensure they follow the Town’s
design aesthtic.
The 2021 Capital Improvements Fund includes $150,000 for DDS’s and on March 9, 2021, Council
approved the Notice of Award for DDSs on the Avon Road/Railroad bridge and Metcalf Road. Staff is
requesting direction regarding the location of the Metcalf Road DDS and future sign locations to be
included in the 2022 Capital Projects Fund budget.
MANAGER’S COMMENTS: I support referral of each DDS location and design to the Avon Planning and
Zoning Commission. Per the Avon Municipal Code, government signs are exempt from the Sign Code;
however, these signs are unique and new and therefore would benefit from a public process as well as
review and comment by the Avon Planning and Zoning Commission.
Metcalf Road
On the March 9, 2021 meeting, Council directed Staff to install the Metcalf Road DDS at the Wildwood
Road/Metcalf Road intersection instead of near the water pump station. The sign will be 5x3 feet and
placed on a stone veneer base, similar to the existing Walgreens DDS. The closest electrical power is near
the water pump station 1,200-FT south of the intersection. Staff solicited proposals to extend electrical
service to the intersection, and the lowest bid was $85,000. Installing a new electrical service at the water
pump station location will cost $10,000. The Metcalf Road and railroad bridge DDSs cost $82,000 and
installation cost at the railroad bridge is $15,000, for a total of $97,000.
Staff is requesting direction on whether to proceed with locating the sign at the Wildwood Road/Metcalf
Road intersection and include an additional $32,000 in the next Capital Projects Fund budget amendment
or install the sign near the water pump station.
Page 2 of 6
FIGURE1 - Metcalf Road Location Map
FIGURE 2 - Street View photo of water pump station location
Page 3 of 6
FIGURE 3 - Street View Photo of Wildwood Road/Metcalf Road intersection
Avon Road/Railroad Bridge
Two 13-x 4-foot signs on the railroad bridge over Avon Road are being fabricated and are on schedule to
be installed in July depending on the availability of materials.
Page 4 of 6
FUTURE DDS LOCATIONS: Four potential DDS locations are shown on Figure 4 and include Nottingham
Road/Swift Gulch Road, West Beaver Creek Blvd at Railroad crossing, Hurd Lane, and Post Blvd. We are
requesting direction from Council regarding the sign locations. The current intent is for the signs to match
the Walgreens and Metcalf Road DDS design with regard to the stone veneer base. If Council supports
these locations for neighborhood DDSs, Staff will proceed with obtaining pricing and will submit information
on these sign locations to Planning and Zoning Commission Design Review for review and comment. For
planning purposes, each DDS will cost approximately $50,000 to install.
FIGURE 4: Potential future DDS Locations
Page 5 of 6
FIGURE 5
3x5-Foot DDS Design
Page 6 of 6
Nottingham Road/Swift Gulch Road
Preliminary investigation indicates the sign will fit between the existing utilities and the right-of-way and will
capture traffic to the businesses on Nottingham Road/Metcalf Road, and Mountain Star. If the direction is it
to move forward with the sign at this location, we will reach out to the Buck Creek Medical Office Building
owners to coordinate the DDS with their sign program
West Beaver Creek Blvd at Rail Road
Previous discussions involved locating a DDS at the Avon Elementary School Parking Lot entrance. After
further investigation, we recommend the sign be located at the railroad crossing because the availability of
electrical service and will not impact existing sign at Avon Elementary School. The sign will be visible to all
the residents in this neighborhood and Avon Elementary School traffic.
Post Blvd
A DDS could be placed on Town owned land along Post Blvd between East Beaver Creek Blvd and the
railroad bridge. The DDS will be visible to 9,000 vehicle trips per day that travel on Post Blvd and there is
electrical infrastructure in the area. This sign will require design review approval from the Traer Creek
Design Review Board.
Hurd Lane
A DDS could be installed on the southside of Hurd Lane on Town owned land across from Nottingham
Station Center. Placement of the sign will be difficult because of the steep terrain south of the road. A new
electrical service will be required but there is existing Holy Cross infrastructure in the area.
RECOMMENDATION: I recommend the Metcalf Road DDS be located near the water pump station
because extending electrical power to the Metcalf Road/Wildwood Road intersection results in an additional
cost of $70,000. The water pump station location will capture the same traffic audience as the Wildwood
Road intersection location.
In anticipation of the 2022 Capital Project Fund budget season, Staff is requesting Council’s input regarding
additional DDSs throughout Town. The 5 x 3-foot signs will be the same size as the existing Walgreens
sign. The signs located on Nottingham Road, Hurd Lane and Post Blvd will include the grey stone smilar to
that on Riverfront Lane and Avon Road retaining wall. The West Beaver Creek Blvd sign will have the
Colorado Buff Sandstone to match the park restrooms and pavilion. These design elements will be referred
to Avon Planning and Zoning Commission for review and comment.
Design Review Referral
The Metcalf Road DDS is scheduled to be presented to the Avon Planning and Zoning Commission on
June 29, 2021 for review and comment. The 4 additional DDSs will be referred to Avon Planning and
Zoning Commission for review and comment. The DDS on Post Blvd is also subject to the Traer Creek
Design Review.
Thank you, Justin
970-748-4065 ddempsey@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Danita Dempsey, CASE Manager
RE: Public Hearing for Outdoor Use of Amplified Sound
Permit Application
DATE: June 22, 2021
SUMMARY: The Town Council is asked to consider approving an Amplified Sound Permit for XTERRA
Mountain Championship athletic events July 17th, 2021. Sound will originate from a small cannon and
amplified spoken announcements at the Harry A. Nottingham Lake boat ramp.
BACKGROUND: A public hearing is required for Outdoor Use of Amplified Sound for events that will be
using amplified sound systems outside the hours of 8:00 a.m. to 10:00 p.m. on Saturdays (Avon Municipal
Code Chapter 5.24.030). The proposed start time for XTERRA’s amplified sound will be between 6:30 a.m.
and the proposed end time is 10:00 a.m.
A PUBLIC NOTICE was published, as required in Avon Municipal Code, for the public hearing on
Thursday, June 17, 2021.
Information for Issuing Amplified Sound Permits:
The Ordinance 15-07 amending AMC 5.24, Section 9.12.080 provides the framework for issuing this type of
permit. The Council, in making its decision to issue the Amplified Sound Permit, may consider the
following:
1. Comments by the public.
2. Necessity of the permit for the cultural, historical, or social benefit of the community.
3. Proximity of the proposed location to residential neighborhoods.
4. Proposed direction of sound projection.
5. Screening of sound from neighboring properties.
6. Compatibility with other uses and activities in the vicinity.
RECOMMENDATION: I recommend approval of the Outdoor Use of Amplified Sound Application for
XTERRA. This well-established event brings athletes, families and spectators to Avon, which boosts the
local economy and brings worldwide recognition to the community.
OPTIONS: The Town Council may prescribe any conditions or requirements deemed necessary to
minimize adverse effects upon the community or surrounding neighborhood.
PROPOSED MOTION: I move to approve the Outdoor Use of Amplified Sound Application for the XTERRA
Mountain Championships at Harry A. Nottingham Lake boat ramp.
Thank you, Danita
ATTACHMENTS: Exhibit A – 2021 Permit Application for Non-Town Funded Special Events (Permit
for Outdoors Use of Amplified Sound Included)
Exhibit B – Map of proposed sound
Page 2 of 3
EXHIBIT A
Page 3 of 3
EXHIBIT B
970-300-4373 pwisor@garfieldhecht.com
TO: Honorable Mayor Smith Hymes and Councilmembers FROM: Paul Wisor, Town Attorney
Eric Heil, Town Manager
RE: Resolution 21-15 – Remote Participation Policy
DATE: June 17, 2021
SUMMARY: The attached Resolution and Amended and Restated Simplified Rules of Order For Avon
Town Council Meetings establishes new guidelines by which Town Council members can participate in
Town Council meetings through Zoom or similar video platforms. It is still the policy that remote attendance
by Town Council members is the exception rather than the rule. This draft reflects suggested edits made
by Councilor Underwood at Council’s June 8th meeting.
BACKGROUND: In response to the spread of the COVID-19 virus, the Avon Town Council and the public
began attending all Town Council meetings through online video platforms in March 2020. Although this
format certainly had glitches of varying degrees, the experience demonstrated remote video participation is
a viable method by which some Town Council business can be conducted. In 2015, the Town adopted a
remote attendance policy, which enables Town Council members to attend meetings remotely and vote on
resolution and ordinance. The attached Resolution supersedes the 2015 policy as this policy did not
contemplate some of the advantages and challenges associated with video meetings.
REMOTE ATTENDANCE POLICY: The new Remote Attendance Policy is incorporated into the Simplified
Rules of Order in Section IV. It is the intent of the Remote Attendance that electronic participation shall be
an infrequent or occasional substitution for physical in-person attendance by a Town Council member at
Town Council meetings. Participation via remote attendance is allowed by video means, such as Zoom,
Webex Microsoft Teams or similar platform, which is clear, uninterrupted and allows two way
communication for the participating of a Town Council member.
A Council member is only permitted to participate electronically under the following circumstances:
•Travelling
•Illness
•Unusual or unforeseen circumstances that do not allow in-person attendance
While a Town Council member participating electronically shall be entitled to otherwise fully participate in
the meeting. The revised Remote Attendance Policy allows Council members to fully participate in all
Council matters, including quasi-judicial hearings and executive sessions.
Updates made since Council’s June 8th meeting include the following items:
•Remote attendance is a convenience to Council members, and nothing contained herein shall
confer a right on any member of Council member to participate in any meeting by remote
attendance.
•All requests to participate remotely be made in writing.
•It is the responsibility of the Council member to provide the technical means necessary to
facilitate remote attendance from their remote location.
•When any member of Council is participating by remote attendance, all votes taken shall be
conducted by roll call vote.
Page 2 of 2
•The officer presiding during the meeting shall designate the individual who Council members
should contact during the meeting in the event of technical difficulties.
FINANCIAL CONSIDERATIONS: Council provided direction to Staff to research and implement
improvements to the Town Council Chambers to enable remote attendance by Council members and the
general public. Those improvements are expected to be completed and ready for operation on the June 8th
Council meeting. The total cost of those improvements are approximately $30,000.
PROPOSED MOTION: “I move to approve Resolution 21-15 thereby adopting an Amended and Restated
Simplified Rules of Order For Avon Town Council Meetings to Reflect a Remote Attendance Policy.”
Thank you, Paul and Eric
ATTACHMENT A: Resolution 21-15
Res 21-15 Amending and Readopting Simplified Rules of Order
Page 1 of 1
RESOLUTION 21-15
AMENDING AND RE-ADOPTING THE SIMPLIFIED RULES OF
ORDER FOR AVON TOWN COUNCIL MEETINGS TO REFLECT
REMOTE ATTENDANCE POLICY
WHEREAS, Section 5.1 of the Avon Charter states, “The Council shall determine the rules
of procedure governing meetings.” and
WHEREAS, the Avon Town Council adopted Simplified Rules of Order for Avon Town
Council Meetings on January 28, 2014; and
WHEREAS, the Avon Town Council adopted a Remote Attendance Policy on February 24,
2015; and
WHEREAS, the Avon Town Council desires to amend the Simplified Rules of Order for
Avon Town Council Meetings to formally adopt the Avon Town Council’s policy permit remote
attendance of members of Town Council under limited circumstances; and
WHEREAS, it is the intent of Avon Town Council that this Resolution 21-15 shall replace
the provisions of the 2015 Remote Attendance Policy; and
WHEREAS, the Avon Town Council finds that amendment and re-adoption of Simplified
Rules of Order will promote meeting efficiency as well as promote the understanding and
transparency of Council meeting procedures for the general public; and
WHEREAS, the Avon Town Council hereby finds, determines and declares that this
Resolution will promote the health, safety and general welfare of the Avon community.
NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, that that the Simplified Rules of Order for Avon Town
Council Meetings attached hereto as Exhibit A are hereby amended and re-adopted.
ADOPTED this 22nd day of June 2021.
AVON TOWN COUNCIL
By: __________________________________
Sarah Smith-Hymes, Mayor
Attest: ________________________________
Brenda Torres, Town Clerk
Exhibit A: Resolution 21-15
Adopted January 28, 2014 by Resolution No. 14-03 Amended and Readopted on July 26, 2016 by Resolution No. 16-20
Amended and Readopted on April 11, 2017 by Resolution No. 17-05 Amended and Readopted on June 22, 2021 by Resolution No. 21-15 Page 1 of 6
Avon Town Council
Simplified Rules of Order
These Simplified Rules of Order establish rules and procedures for Avon Town Council
meetings. The intent is to set forth simplified rules which are readily accessible and usable by the
Avon Town Council members and understandable by the general public. The provisions of the
Home Rule Charter, the Avon Municipal Code, or any ordinance adopted by the Avon Town
Council shall govern and apply in the event there is any conflict with these Simplified Rules of
Order. Unless otherwise indicated, any reference to “Mayor” shall also mean the “Mayor Pro-
Tem” or “Acting Mayor” in the absence of the Mayor, as set forth in the Avon Home Rule Charter.
I. Standards of Conduct for Avon Town Meetings: The Avon Town Council finds that the
foundation of municipal democracy rests on open, respectful and informed discussion and debate
balanced with the necessary efficiency required to take action in the public interest. Reasonable
persons will often disagree on many public matters which arise before elected and appointed
officials. The process of discussion and debate is essential to the ability of elected and appointed
officials to render the best decisions possible for the Avon community. The following standards
of conduct are considered the minimum standards for elected and appointed officials.
A. Elected and appointed officials shall conduct themselves in a mature manner that is becoming
of public officials, shall respect one another and shall respect members of the public.
B. Elected and appointed officials shall refrain from profanity, rude behavior or personal attacks
and shall promptly apologize to both the board and the recipient of any such behavior in the
event of a temporary lapse of appropriate behavior.
C. The Mayor shall be responsible for maintaining civility, decorum and order throughout the
meeting.
D. Members of the Avon Town Council shall not communicate between or amongst themselves
by text message, e-mails or other forms of electronic communication during a Council meeting.
E. Members of the Avon Town Council shall promptly disclose and announce the sending or
receipt by a Council member of a text message, e-mail or other form of electronic
communication during a Town Council meeting, to or from any person, for any such
communication that concerns a matter on the Town Council agenda for that meeting.
II.Mayor: Every meeting of the Avon Town Council shall be presided over by the Mayor.
If the Mayor is absent the Mayor Pro-Tem shall preside over the meeting. If the Mayor has a
conflict of interest on a matter then the Mayor Pro-Tem shall preside over the meeting for such
matter. If the Mayor and Mayor Pro-Tem are absent, or if they both have conflict of interest on
a matter, then a quorum of Council members shall appoint an Acting Mayor by motion who shall
then preside over the meeting or shall preside over such matter for which the Mayor and Mayor
Pro-Tem have conflict of interest. The Mayor shall strive to moderate Council meetings with
impartiality, shall strive to allow input from all other Council members on matters before
Exhibit A to Resolution 21-15
Adopted January 28, 2014 by Resolution No. 14-03 Amended and Readopted on July 26, 2016 by Resolution No. 16-20
Amended and Readopted on April 11, 2017 by Resolution No. 17-05 Amended and Readopted on June 22, 2021 by Resolution No. 21-15 Page 2 of 6
expressing his or her opinion, and shall refrain from making a motion or seconding a motion until
it is apparent that no other member of the Council will do so.
III.Agendas: The following rules and procedures shall apply to agendas:
A. The Mayor shall determine the agenda in consultation with the Town Manager. The Town
Council may direct items to be included on an agenda. Individual Council members may
contact the Mayor to request inclusion of a matter on an agenda. The Mayor shall consult
with the Town Manager and exercise discretion to determine if the matter should be included
on the agenda as a discussion item or an action item.
B. After roll call, the Council shall approve the agenda by motion by a majority of the quorum
present with any additions or deletions Council deems appropriate.
C. The Council may take action by motion at any time during a meeting to schedule discussion
or action items on a future agenda which shall be scheduled by Town Staff.
D. Noticing for action items and public hearings shall be in accordance with applicable law.
IV.Remote Attendance Policy: The preference and expectation of all Council members is to
attend Council meetings in-person whenever possible in recognition of the efficiency and
effectiveness of in-person participation when conducting the public business of the Town of Avon.
However, there may be occasional times when in-person attendance is not possible by Council
members. Council finds that remote attendance by Council members is preferable to not permitting
participation or delaying the conduct of public business. Participation by remote attendance shall
comply with this Section IV and any applicable laws. Remote attendance is a convenience to
Council members, and nothing contained herein shall confer a right on any member of Council
member to participate in any meeting by remote attendance.
A. Remote attendance means participation by video or audio means, such as Zoom, Webex,
Microsoft Teams or similar platform, which is clear, uninterrupted and allows two-way
communication for the participating Council member.
B. Council members may participate in a Council meeting by remote attendance when
travelling out-of-town, when ill, or when unusual or unforeseen circumstances do not allow
in-person attendance. Council members who are ill are encouraged and expected to
participate by remote attendance.
C. A Council member who desires to participate by remote attendance shall notify the Mayor
and Town Clerk as early as possible in writing. Upon receipt of such written request, the
Town shall use its best efforts to provide the technical means necessary to fulfill such
request from Town Hall; provided, however, it shall be incumbent upon the Council
member who desires to participate by remote attendance to provide the technical means
necessary to facilitate remote attendance from their remote location.
Exhibit A to Resolution 21-15
Adopted January 28, 2014 by Resolution No. 14-03 Amended and Readopted on July 26, 2016 by Resolution No. 16-20
Amended and Readopted on April 11, 2017 by Resolution No. 17-05 Amended and Readopted on June 22, 2021 by Resolution No. 21-15 Page 3 of 6
D. A Council member who is participating through remote attendance (1) shall be entitled to
participate in all Council matters in the same capacity as a Council member in physical
attendance, including participation quasi-judicial matters and executive sessions; (2) shall
be counted for purposes of establishing a quorum; (3) shall have the opportunity to express
comments during the meeting and participate in the same capacity as those members
physically present, subject to all general meeting guidelines and adopted procedures; (4)
shall be heard, considered, and counted as to any vote taken; (5) shall be called during any
vote taken and shall have such Council member’s vote counted and recorded by the Town
Clerk and placed in the minutes for the corresponding meeting; and, (6) may leave a
meeting and return as in the case of any member upon announcement of such leaving and
returning. When any member of Council is participating by remote attendance, all votes
taken shall be conducted by roll call vote.
E. The Mayor, Mayor-Pro Tem or other designated person who is presiding over the meeting
shall have the discretion to mute any Council member who is participating through remote
attendance when distracting and extraneous noise is occurring through the remote
attendance. The officer who is presiding over the meeting may delegate to the ability to
mute Council members to the meeting host with controls for the meeting platform. The
officer who is presiding over the meeting shall use best efforts to recognize and provide
opportunity for Council members who are participating via remote attendance contribute
to the discussion and express comments. The officer presiding during the meeting shall
designate the individual who Council members should contact during the meeting in the
event of technical difficulties or in connection with other matters related to items not
appearing on the agenda for the meeting in which the Council member is participating by
remote attendance.
F. In the event that there is significant disruption in the connection or communication with a
Council member, or members, who are participating via remote attendance which frustrates
and disrupts the efficiency and effectiveness of the Council meeting, the officer presiding
over the meeting or a majority of Council members who are attending a meeting in-person
may choose to terminate the remote attendance of such Council member or may choose to
continue or table the Council meeting or agenda matter to a later time.
G. Council members who are participating via remote attendance are expected to be situated
in a stationary location with adequate internet service with video camera on and presenting
in a professional manner similar to in-person Council meeting attendance.
V. Motions: All official Town Council actions are initiated by motion. These following rules
and procedures apply to motions. There are two basic motions: action motions and procedural
motions. Only one action motion may be on the floor at a time. A procedural motion may be
proposed, discussed and acted upon when an action motion is on the floor or at any other time.
A. Basic Motion: The basic motion to take action is stated as, “I move to . . . .” Every motion
requires a second. Once a motion is made no further discussion can continue until a second
is made to support the motion.
Exhibit A to Resolution 21-15
Adopted January 28, 2014 by Resolution No. 14-03 Amended and Readopted on July 26, 2016 by Resolution No. 16-20
Amended and Readopted on April 11, 2017 by Resolution No. 17-05 Amended and Readopted on June 22, 2021 by Resolution No. 21-15 Page 4 of 6
B. Discussion: All Council members have the right to discuss the motion on the floor.
Discussion cannot be concluded unless (1) all Council members present consent or (2) a
majority of Council members present approve a procedural motion to “Call the Question”
and end debate.
C. Withdraw a Motion: The maker of a motion may choose to withdraw the motion at any
time prior to the vote on the motion and may interrupt a speaker to withdraw the motion and
consent of the Council member who seconded the motion is not required. The motion is
immediately withdrawn; however, the Mayor may then ask the Council member who
seconded the withdrawn motion and any other Council member if such Council member
wishes to make the motion.
D. Amendment to Motion: Any Council member may request an amendment to a pending
motion. The maker of the pending motion and Council member who seconded the motion
must consent to the proposed amendment. Any Council member may also propose a
substitute motion to a pending motion which also requires consent of the maker of the
pending motion and the Council member who seconded the pending motion.
E. Procedural Motion: A procedural motion may be made at any time and may impose or
modify any procedural rule provided that such procedure is not in conflict with the Avon
Home Rule Charter, any ordinance adopted by the Town, or any applicable state law.
Procedural motions require a majority vote of the quorum present.
F. Motion to Call the Question or End the Discussion: A motion to “call the question” (also
known as a motion to end the discussion) is a procedural motion to end debate and discussion.
A motion to call the question cannot be made until each Council member has had at least one
reasonable opportunity to ask questions and express his or her opinion on the matter. Once
a motion to call the question is made and seconded, it shall be the Mayor’s discretion to allow
any further discussion on such procedural motion for the purpose of clarifying any technical,
procedural or legal issue related to the procedural motion. A motion to call the question
requires a majority vote of the quorum present. Once a motion to call the question is
approved, the pending action motion on the floor must be voted upon promptly or, if no
action motion is pending, the Mayor shall proceed to the next agenda item.
G. Motion to Continue: A motion to continue an agenda item must include a specific future
Council meeting date, time and place for the continued matter to be considered again without
re-noticing a required public hearing.
H. Motion to Table: A motion to table places the agenda item on hold and does not require a
specific time for the return of the agenda item.
I. Motion to Suspend Rules: A motion to suspend rules may allow suspension of any rule in
this Simplified Rule of Order. Such motion may be made and requires a supermajority vote
of a majority of the quorum present plus one for approval. A motion to suspend rules may
not supersede the procedural requirements of the Avon Home Rule Charter, any ordinance
adopted by the Town, or any applicable state law.
Exhibit A to Resolution 21-15
Adopted January 28, 2014 by Resolution No. 14-03 Amended and Readopted on July 26, 2016 by Resolution No. 16-20
Amended and Readopted on April 11, 2017 by Resolution No. 17-05 Amended and Readopted on June 22, 2021 by Resolution No. 21-15 Page 5 of 6
J. A Motion to Reconsider: A Motion to Reconsider allows the Council to reconsider a vote
on a matter. A Motion to Reconsider may only be made and considered if made and acted
upon less than twenty-eight (28) days after the date of the Council action to be reconsidered
and may be made only by a member of Council who voted in the majority on the motion
which is proposed for reconsideration.
VI.Meeting Conduct
A. Point of Privilege: A Council member may interrupt the speaker to raise a matter related to
the comfort of the meeting, such as room temperature, distractions, or ability to hear speaker.
B. Point of Order: A Council member may raise a Point of Order at any time that the Mayor
permits meeting conduct which does not follow these Simplified Rules of Order or otherwise
fails to maintain civility and decorum by the Council and the general public.
C. Appeal: A Council member may move to appeal the ruling of the Mayor on any procedural
matter or other decision related to the conduct of the meeting. If the motion is seconded and,
after debate, it such motion passes by a simple majority vote of the quorum present, then the
ruling or conduct of the Mayor shall be overruled and reversed.
D. Call for Orders of the Day: A Council member may call for Orders of the Day when such
Council member believes that Council discussion has strayed from the agenda. No second
or vote is required. If the Mayor does not return to the agenda, then such ruling may be
appealed.
E. Adjournment: The Mayor may announce the meeting adjourned when there are no further
items on the agenda which have not been addressed. The Council may adjourn a meeting at
any time by motion, second and approval by a majority of the quorum present.
VII.Public Comments: Council agendas shall include a general item labeled “Public
Comment” near the beginning of all Council meetings. Members of the public who wish to provide
comments to Council greater than three minutes are encouraged to schedule time in advance on
the agenda and to provide written comments and other appropriate materials to the Council in
advance of the Council meeting. The Mayor shall permit public comments during any agenda
item and may limit public comment to three minutes per individual, which limitation may be
waived or increased by a majority of the quorum present.
VIII.Public Hearing: The following general rules shall apply to the order and conduct of public
hearings. These rules may be modified or suspended by Motion to Suspend Rules.
A. The Mayor shall open the public hearing by announcing the topic of the agenda item. The
Mayor shall at all times during public hearings strive to maintain civility, decorum and order.
B. The Mayor and/or appropriate Town Staff person shall introduce the topic, explain the
applicable procedures and laws, and provide any presentation by the Town.
Exhibit A to Resolution 21-15
Adopted January 28, 2014 by Resolution No. 14-03 Amended and Readopted on July 26, 2016 by Resolution No. 16-20
Amended and Readopted on April 11, 2017 by Resolution No. 17-05 Amended and Readopted on June 22, 2021 by Resolution No. 21-15 Page 6 of 6
C. The applicant, licensee or appellant shall have the opportunity to present information,
provide testimony, or respond to any comments or details in the Town’s presentation.
D. The Council shall have the opportunity to ask technical questions of the appropriate Town
staff, Town officials and the applicant, licensee or appellant but Council members shall not
express opinions on the matter prior to opening the public hearing for public comment.
E. The Mayor shall officially open the public hearing for public comment and shall allow for
members of the public to provide comment to the Council. The Council may approve a time
limitation not less than 3 minutes for individual public comment and may approve sign-up
sheets or other public comment procedures to promote order and efficiency by a majority
vote of the quorum present provided that individuals shall be permitted to yield his or her
public comment time to another speaker. After all public comments are received, or if the
Council determines that the volume of public comments requires additional time and moves
to continue the public hearing, the Mayor shall close the public comment portion of the public
hearing.
F. The Council may discuss the merits of the topic of the public hearing and take such action
as deemed appropriate after the public comment portion of the public hearing is concluded.
If the volume of public comments requires a continuation, if additional information is
required to consider the public hearing matter, or if the Council determines that additional
time is warranted to consider the matter of the public hearing, the Council may continue the
public hearing to a later date and may re-open the public comment portion of the public
hearing at any continued public hearing.
IX.Executive Sessions: Council may convene into executive session at any time by the
affirmative vote of 2/3rds of the quorum present and by announcing the specific statutory citation
and purpose of the executive session in accordance with the Colorado Open Meetings Law, CRS
§24-6-402(4). The Council is not permitted to take official, final action on any matter in executive
session.
Exhibit A to Resolution 21-15
970-390-2014 ewilson @avon.org
TO: Honorable Mayor Smith Hymes and Council Members
FROM: Eva Wilson, Mobility Director
RE: E-Bus Purchase Agreement - Proterra
DATE: June 15, 2021
SUMMARY: In 2020, the Town of Avon was the only Colorado recipient of the Federal Transit Authority
(“FTA”) Low-No Emission Vehicle Grant. The grant awarded up to 80% of $2,000,000 to purchase two (2)
35’ Electric battery replacement buses. The required 20% local match funds are in the 2021 Avon Budget.
The purpose of the FTA Low-No Program is to support the transition of the nation’s transit fleet to the
lowest polluting and most energy-efficient transit vehicles. The Low-No Program provides funding to state
and local governmental authorities for the purchase or lease of zero-emission and low-emission transit
buses, including acquisition, construction, and leasing of required supporting facilities.
Including the pending diesel bus purchases, the Town of Avon has a trans it fleet size of thirteen (13) buses
of various sizes and ages. Six of the thirteen buses are beyond their useful life. This grant will enable Avon
to replace two of our oldest diesel buses with electric battery buses. As a grant stipulation, the diesel
engines of busses 850 and 855 will be destroyed. This grant will maintain our transit fleet size at thirteen.
The purchase of two electric busses is a significant step in transitioning Avon’s transit fleet to zero emission
vehicles. Avon Council previously adopted the Climate Action Plan for the Eagle County Community in
2016 and the recent 2021 update. The transition to electric busses implements Climate Action Plan goals
adopted by the Town of Avon.
The approval of the State of Colorado Grant Agreement and the Proterra Purchase Agreement is presented
to Council in accordance with the Town’s Procurement Code which requires Council approval for contracts
over $100,000. The State of Colorado Grant Agreement is in a standard form that is non-negotiable. The
Town Attorney has reviewed and approved the form of these contracts.
RECOMMENDATION: I recommend option 1 and accept the needed FTA grant funds and the Proterra
Purchase Agreement.
PROPOSED MOTIONS: “I move to accept the FTA grant funds and the Proterra Purchase Agreement.”
Thank you, Eva
ATTACHMENT A - State of Colorado Grant Agreement
ATTACHMENT B – Proterra Purchase Agreement
Contract Number: 21-HTR-ZL-00161/491002407 Page 1 of 45 Version 10/23/19
STATE OF COLORADO SUBAWARD AGREEMENT
COVER PAGE
State Agency
Department of Transportation
Agreement Number / PO Number
21-HTR-ZL-00161 / 491002407
Subrecipient
TOWN OF AVON
Agreement Performance Beginning Date
The Effective Date
Initial Agreement Expiration Date
December 31, 2022 Subaward Agreement Amount
Federal Funds
Maximum Amount (80%)
Local Funds
Local Match Amount (20%)
Agreement Total
$1,600,000.00
$400,000.00
$2,000,000.00
Fund Expenditure End Date
December 31, 2022
Agreement Authority
Authority to enter into this Agreement exists in
CRS §§43-1-106, 43-1-110, 43-1-117.5, 43-1-701,
43-1-702 and 43-2-101(4)(c), appropriated and
otherwise made available pursuant to the FAST
ACT, MAP-21, SAFETEA_LU, 23 USC §104 and
23 USC §149.
Agreement Purpose
In accordance with 49 USC §5339 (c.), the purpose of this Grant is to provide funding to state and local
governmental authorities for the purchase or lease of zero -emission and low-emission transit buses as well as
acquisition, construction, and leasing of required supporting facilities. The work to be completed under this
Grant by the Grantee is more specifically described in Exhibit A.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1. Exhibit A – Statement of Work and Budget.
2. Exhibit B – Sample Option Letter.
3. Exhibit C – Federal Provisions.
4. Exhibit D – Required Federal Contract/Agreement Clauses.
5. Exhibit E – Verification of Payment.
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such
conflict or inconsistency shall be resolved by reference to the documents in the following order of priority:
1. Exhibit C – Federal Provisions.
2. Exhibit D – Required Federal Contract/Agreement Clauses.
3. Colorado Special Provisions in §17 of the main body of this Agreement.
4. The provisions of the other sections of the main body of this Agreement.
5. Exhibit A – Statement of Work and Budget.
6. Executed Option Letters (if any).
Principal Representatives
For the State:
Brodie Ayers
Division of Transit and Rail
Colorado Dept. of Transportation
2829 W. Howard Place
Denver, CO 80204
brodie.ayers@state.co.us
For Subrecipient:
Eva Wilson
TOWN OF AVON
BOX D
AVON, CO 81620
ewilson@avon.org
DocuSign Envelope ID: B28FE601-CD33-4688-AE6A-929D6ABCD733
ATTACHMENT A: State Grant Contract
Contract Number: 21-HTR-ZL-00161/491002407 Page 2 of 45 Version 10/23/19
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this
Agreement and to bind the Party authorizing such signature.
SUBRECIPIENT
TOWN OF AVON
__________________________________________
__________________________________________
By: Print Name of Authorized Individual
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
__________________________________________
By: Herman Stockinger, Deputy Director and
Director of Policy
Date: _________________________
2nd State or Subrecipient Signature if needed
__________________________________________
__________________________________________
By: Print Name of Authorized Individual
Date: _________________________
LEGAL REVIEW
Philip J. Weiser, Attorney General
__________________________________________
By: Assistant Attorney General
Date: __________________________
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Department of Transportation
Effective Date:_____________________
DocuSign Envelope ID: B28FE601-CD33-4688-AE6A-929D6ABCD733
Eric Heil
5/18/2021
Eric Heil
5/19/2021
5/19/2021
N/A
ATTACHMENT A: State Grant Contract
Contract Number: 21-HTR-ZL-00161/491002407 Page 3 of 45 Version 10/23/19
TABLE OF CONTENTS
1. PARTIES................................................................................................................................................. 3
2. TERM AND EFFECTIVE DATE .......................................................................................................... 3
3. DEFINITIONS ........................................................................................................................................ 4
4. STATEMENT OF WORK AND BUDGET ........................................................................................... 6
5. PAYMENTS TO SUBRECIPIENT ........................................................................................................ 6
6. REPORTING - NOTIFICATION ........................................................................................................... 8
7. SUBRECIPIENT RECORDS ................................................................................................................. 9
8. CONFIDENTIAL INFORMATION - STATE RECORDS .................................................................... 9
9. CONFLICTS OF INTEREST ............................................................................................................... 10
10. INSURANCE ........................................................................................................................................ 11
11. BREACH OF AGREEMENT ............................................................................................................... 12
12. REMEDIES ........................................................................................................................................... 12
13. DISPUTE RESOLUTION .................................................................................................................... 14
14. NOTICES and REPRESENTATIVES .................................................................................................. 14
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 14
16. GENERAL PROVISIONS .................................................................................................................... 15
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 17
1. PARTIES
This Agreement is entered into by and between Subrecipient named on the Cover Page for this Agreement (the
“Subrecipient”), and the STATE OF COLORADO acting by and through the State agency named on the Cover
Page for this Agreement (the “State”). Subrecipient and the State agree to the terms and conditions in this
Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be
expended by the Fund Expenditure End Date shown on the Cover Page for this Agreement. The State shall
not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to
pay Subrecipient for any Work performed or expense incurred before the Effective Date, except as described
in §5.D, or after the Fund Expenditure End Date.
B. Initial Term
The Parties’ respective performances under this Agreement shall commence on the Agreement Performance
Beginning Date shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement
Expiration Date shown on the Cover Page for this Agreement (the “Initial Term”) unless sooner terminated
or further extended in accordance with the terms of this Agreement.
C. Extension Terms - State’s Option
The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the
Initial Term for a period, or for successive periods, of one year or less at the same rates and under the same
terms specified in this Agreement (each such period an “Extension Term”). In order to exercise this option,
the State shall provide written notice to Subrecipient in a form substantially equivalent to the Sample Option
Letter attached to this Agreement.
D. End of Term Extension
If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, th e State, at
its discretion, upon written notice to Subrecipient in a form substantially equivalent to the Sample Option
Letter attached to this Agreement, may unilaterally extend such Initial Term or Extension Term for a period
not to exceed two months (an “End of Term Extension”), regardless of whether additional Extension Terms
are available or not. The provisions of this Agreement in effect when such notice is given shall remain in
effect during the End of Term Extension. The End of Term Extension shall automatically terminate upon
execution of a replacement Agreement or modification extending the total term of this Agreement.
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ATTACHMENT A: State Grant Contract
Contract Number: 21-HTR-ZL-00161/491002407 Page 4 of 45 Version 10/23/19
E. Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado as determined
by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the
State, the State, in its discretion, may terminate this Agreement in whole or in part. A determination that this
Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate for
convenience. This subsection shall not apply to a termination of this Agreement by the State for Breach of
Agreement by Subrecipient, which shall be governed by §12.A.i.
i. Method and Content
The State shall notify Subrecipient of such termination in accordance with §14. The notice shall specify
the effective date of the termination and whether it affects all or a portion of this Agreement, and shall
include, to the extent practicable, the public interest justification for the termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Subrecipient shall be subject
to the rights and obligations set forth in §12.A.i.a.
iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Subrecipient an amount
equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the
percentage of Work satisfactorily completed and accepted, as determined by the State, less payments
previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State,
the State may reimburse Subrecipient for a portion of actual out-of-pocket expenses, not otherwise
reimbursed under this Agreement, incurred by Subrecipient which are directly attributable to the
uncompleted portion of Subrecipient’s obligations, provided that the sum of any and all reimbursement
shall not exceed the Subaward Maximum Amount payable to Subrecipient hereunder.
F. Subrecipient’s Termination Under Federal Requirements
Subrecipient may request termination of this Agreement by sending notice to the State, or to the Federal
Awarding Agency with a copy to the State, which includes the reasons for the termination and the effective
date of the termination. If this Agreement is terminated in this manner, then Subrecipient shall return any
advanced payments made for work that will not be performed prior to the effective date of the termin ation.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Agreement” means this subaward agreement, including all attached Exhibits, all documents incorporated
by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto.
B. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award.
The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of
the Federal Award specifically indicate otherwise.
C. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with
this Agreement, in whole or in part or in a timely or satisfactory manner. The insti tution of proceedings under
any bankruptcy, insolvency, reorganization or similar law, by or against Subrecipient, or the appointment of
a receiver or similar officer for Subrecipient or any of its property, which is not vacated or fully stayed within
30 days after the institution of such proceeding, shall also constitute a breach. If Subrecipient is debarred or
suspended under §24-109-105, C.R.S., at any time during the term of this Agreement, then such debarment
or suspension shall constitute a breach.
D. “Budget” means the budget for the Work described in Exhibit A.
E. “Business Day” means any day other than Saturday, Sunday, or a legal holiday as listed in §24-11-101(1),
C.R.S.
F. “CORA” means the Colorado Open Records Act, §§24 -72-200.1, et. seq., C.R.S.
G. “Deliverable” means the outcome to be achieved or output to be provided, in the form of a tangible or
intangible Good or Service that is produced as a result of Subrecipient’s Work that is intended to be delivered
by Subrecipient.
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ATTACHMENT A: State Grant Contract
Contract Number: 21-HTR-ZL-00161/491002407 Page 5 of 45 Version 10/23/19
H. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State
Controller or designee, as shown on the Signature Page for this Agreement.
I. “End of Term Extension” means the time period defined in §2.D.
J. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the Cover Page
for this Agreement.
K. “Extension Term” means the time period defined in §2.C.
L. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract, under
the Federal Acquisition Regulations or by a formula or block grant, by a Federal Awarding Agency to the
Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of the Federal
Award. The term does not include payments to a Subrecipient or payments to an individual that is a
beneficiary of a Federal program.
M. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. Federal
Transit Administration (FTA) is the Federal Awarding Agency for the Federal Award which is the subject of
this Agreement.
N. “FTA” means Federal Transit Administration.
O. “Goods” means any movable material acquired, produced, or delivered by Subrecipient as set forth in this
Agreement and shall include any movable material acquired, produced, or delivered by Subrecipient in
connection with the Services.
P. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made
available for payment by the State under this Agreement.
Q. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the
unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or
information resources of the State, which are included as part of the Work, as described in §§24-37.5-401,
et. seq., C.R.S. Incidents include, without limitation (i) successful attempts to gain unauthorized access to a
State system or State Records regardless of where such information is located; (ii) unwanted disruption or
denial of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv)
changes to State system hardware, firmware, or software characteristics without the State’s knowledge,
instruction, or consent.
R. “Initial Term” means the time period defined in §2.B.
S. “Master Agreement” means the FTA Master Agreement document incorporated by reference and made part
of FTA’s standard terms and conditions governing the administration of a project support ed with federal
assistance awarded by FTA.
T. “Matching Funds” (Local Funds, or Local Match) means the funds provided by Subrecipient as a match
required to receive the Grant Funds and includes in -kind contribution.
U. “Party” means the State or Subrecipient, and “Parties” means both the State and Subrecipient.
V. “PII” means personally identifiable information including, without limitation, any information maintained
by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name,
social security number, date and place of birth, mother’s maiden name, or biometric records . PII includes,
but is not limited to, all information defined as personally identifiable information in §§24 -72-501 and 24-
73-101, C.R.S.
W. “Recipient” means the State agency shown on the Signature and Cover Page s of this Agreement, for the
purposes of this Federal Award.
X. “Services” means the services to be performed by Subrecipient as set forth in this Agreement and shall
include any services to be rendered by Subrecipient in connection with the Goods.
Y. “State Confidential Information” means any and all State Records not subject to disclosure under CORA.
State Confidential Information shall include but is not limited to PII and State personnel records not subject
to disclosure under CORA. State Confidential Information shall not include information or data concerning
individuals that is not deemed confidential but nevertheless belongs to the State, which has been
communicated, furnished, or disclosed by the State to Subrecipient which (i) is subject to disclosure pursuant
to CORA; (ii) is already known to Subrecipient without restrictions at the time of its disclosure to
Subrecipient; (iii) is or subsequently becomes publicly available without breach of any obligation owed by
Subrecipient to the State; (iv) is disclosed to Subrecipient, without confidentiality obligations, by a third party
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who has the right to disclose such information; or (v) was independently developed without reliance on any
State Confidential Information.
Z. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-
30-202(13)(a), C.R.S.
AA. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and ending on June
30 of the following calendar year. If a single calendar year follows the term, t hen it means the State Fiscal
Year ending in that calendar year.
BB. “State Records” means any and all State data, information, and records regardless of physical form.
CC. “Subaward Maximum Amount” means an amount equal to the total of Grant Funds for this Agreement.
DD. “Subcontractor” means any third party engaged by Subrecipient to aid in performance of the Work.
“Subcontractor” also includes sub -recipients of Grant Funds.
EE. “Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry out part of a
Federal program but does not include an individual that is a beneficiary of such program. A Subrecipient may
also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purposes of
this Agreement, Contractor is a Subrecipient.
FF. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, commonly known as the
“Super Circular, which supersedes requirements from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-
102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up.
GG. “Work” means the Goods delivered and Services performed pursuant to this Agreement.
HH. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished,
including drafts. Work Product includes, but is not limited to, documents, text, software (including source
code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives,
pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information, and
any other results of the Work. “Work Product” does not include any material that was developed prior to the
Effective Date that is used, without modification, in the performance of the Work.
Any other term used in this Agreement that is defined elsewhere in this Agreement or in an Exhibit shall be
construed and interpreted as defined in that section.
4. STATEMENT OF WORK AND BUDGET
Subrecipient shall complete the Work as described in this Agreement and in accordance with the provisions of
Exhibit A. The State shall have no liability to compen sate Subrecipient for the delivery of any goods or the
performance of any services that are not specifically set forth in this Agreement.
5. PAYMENTS TO SUBRECIPIENT
A. Subaward Maximum Amount
Payments to Subrecipient are limited to the unpaid, obligated balance of the Grant Funds. The State shall not
pay Subrecipient any amount under this Agreement that exceeds the Subaward Maximum Amount shown on
the Cover Page of this Agreement as “Federal Funds Maximum Amount”.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Subrecipient in the amounts and in accordance with the schedule and other
conditions set forth in Exhibit A.
b. Subrecipient shall initiate payment requests by invoice to the State, in a form and manner approved
by the State.
c. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long
as the amount invoiced correctly represents Work completed by Subrecipient and previously
accepted by the State during the term that the invoice covers. If the State determines that the amount
of any invoice is not correct, then Subrecipient shall make all changes necessary to correct that
invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work performed or Deliverables
provided under this Agreement.
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Contract Number: 21-HTR-ZL-00161/491002407 Page 7 of 45 Version 10/23/19
ii. Interest
Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear interest
on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24-30-
202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts
that the State disputes in writing. Subrecipient shall invoice the State separately for accrued interest on
delinquent amounts, and the invoice shall reference the delinquent payment, the number of days’ interest
to be paid and the interest rate.
iii. Payment Disputes
If Subrecipient disputes any calculation, determination or amount of any payment, Subrecipient shall
notify the State in writing of its dispute within 30 days following the earlier to occur of Subrecipient’s
receipt of the payment or notification of the determination or calculation of the payment by the State.
The State will review the information presented by Subrecipient and may make changes to its
determination based on this review. The calculation, determination or payment amount that results from
the State’s review shall not be subject to additional dispute under this subsection. No payment subject to
a dispute under this subsection shall be due until after the State has concluded its review, and the State
shall not pay any interest on any amount during the period it is subject to dispute under this subsection.
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the current State Fiscal
Year. Payment to Subrecipient beyond the current State Fiscal Year is contingent on the appropriation
and continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special
Provisions). If federal funds or funds from any other non-State funds constitute all or some of the Grant
Funds, the State’s obligation to pay Subrecipient shall be contingent upon such non-State funding
continuing to be made available for payment. Payments to be made pursuant to this Agreement shall be
made only from Grant Funds, and the State’s liability for such payments shall be limited to the amount
remaining of such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become
unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in
whole or in part, without incurring further liability. The State shall, however, remain obligated to pay
for Services and Goods that are delivered and accepted prior to the effective date of notice of termination,
and this termination shall otherwise be treated as if this Agreement were terminated in the public interest
as described in §2.E.
v. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State
to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance
recovery is to be made within the Record Retention Period, as defined below.
C. Matching Funds
Subrecipient shall provide Matching Funds as provided in Exhibit A. Subrecipient shall have raised the full
amount of Matching Funds prior to the Effective Date and shall report to the State regarding the status of
such funds upon request. Subrecipient’s obligation to pay all or any part of any Matching Funds, whether
direct or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Agreement
by the authorized representatives of Subrecipient and paid into Subrecipient’s treasury or bank account.
Subrecipient represents to the State that the amount designated “Subrecipient’s Matching Funds” in Exhibit
A has been legally appropriated for the purposes of this Agreement by its authorized representatives and paid
into its treasury or bank account. Subrecipient does not by this Agreement irrevocably pledge present cash
reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple -fiscal
year debt of Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges, fees,
taxes or penalties of any nature, except as required by Subrecipient’s laws or policies.
D. Reimbursement of Subrecipient Costs
i. The State shall reimburse Subrecipient for the federal share of properly documented allowable costs
related to the Work after review and approval thereof, subject to the provisions of §5, this Agreement,
and Exhibit A. However, any costs incurred by Subrecipient prior to the Effective Date shall not be
reimbursed absent specific allowance of pre-award costs and indication that the Federal Award funding
is retroactive. The State shall pay Subrecipient for costs or expenses incurred or performance by the
Subrecipient prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2)
federal laws, rules, and regulations applicable to the Work provide for such retroactive payments to the
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Subrecipient. Any such retroactive payments shall comply with State Fiscal Rules and be ma de in
accordance with the provisions of this Agreement.
ii. The State shall reimburse Subrecipient’s allowable costs, not exceeding the Subaward Maximum
Amount shown on the Cover Page of this Agreement and on Exhibit A for all allowable costs described
in this Agreement and shown in Exhibit A, except that Subrecipient may adjust the amounts between
each line item of Exhibit A without formal modification to this Agreement as long as the Subrecipient
provides notice to the State of the change, the change does not modify the Subaward Maximum Amount
or the Subaward Maximum Amount for any federal fiscal year or State Fiscal Year, and the change does
not modify any requirements of the Work.
iii. The State shall only reimburse allowable costs described in this Agreement and shown in the Budget if
those costs are:
a. Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and
b. Equal to the actual net cost to Subrecipient (i.e. the price paid minus any items of value received by
Subrecipient that reduce the cost actually incurred).
iv. Subrecipient’s costs for Work performed after the Fund Expenditure End Date shown on the Cover Page
for this Agreement, or after any phase performance period end date for a respective phase of the W ork,
shall not be reimbursable. Subrecipient shall initiate any payment request by submitting invoices to the
State in the form and manner set forth and approved by the State .
E. Close-Out
Subrecipient shall close out this Award within 45 days after the Fund Expenditure End Date shown on the
Cover Page for this Agreement. To complete close-out, Subrecipient shall submit to the State all Deliverables
(including documentation) as defined in this Agreement and Subrecipient’s final reimbursement request or
invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and
accepted by the State as substantially complete. If the Federal Awarding Agency has not closed this Federal
Award within one year and 90 days after the Fund Expenditure End Date shown on the Cover Page for this
Agreement due to Subrecipient’s failure to submit required documentation, then Subrecipient may be
prohibited from applying for new Federal Awards through the State until such documentation is submitted
and accepted.
6. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to any other Exhibit, for any Agreement having a term longer
than three months, Subrecipient shall submit, on a quarterly basis, a written repor t specifying progress made
for each specified performance measure and standard in this Agreement. Such progress report shall be in
accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted
to the State not later than five Business Days following the end of each calendar quarter or at such time as
otherwise specified by the State.
B. Litigation Reporting
If Subrecipient is served with a pleading or other document in connection with an action before a court or
other administrative decision making body, and such pleading or document relates to this Agreement or may
affect Subrecipient’s ability to perform its obligations under this Agreement, Subrecipient shall, within 10
days after being served, notify the State of such action and deliver copies of such pleading or document to
the State’s Principal Representative identified on the Cover Page for this Agreement.
C. Performance and Final Status
Subrecipient shall submit all financial, performance and other reports to the State no later than 45 calendar
days after the end of the Initial Term if no Extension Terms are exercised, or the final Extension Term
exercised by the State, containing an evaluation and review of Subrecipient’s performance and the final status
of Subrecipient’s obligations hereunder.
D. Violations Reporting
Subrecipient shall disclose, in a timely manner, in writing to the State and the Federal Awarding Agency, all
violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting
the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance
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allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or
debarment.
7. SUBRECIPIENT RECORDS
A. Maintenance
Subrecipient shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file
of all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work and the delivery of Services (including, but not
limited to the operation of programs) or Goods hereunder (collectively, the “Subrecipient Records”).
Subrecipient shall maintain such records for a period of three years following the date of submission to the
State of the final expenditure report, or if this Award is renewed quarterly or annually, from the date of the
submission of each quarterly or annual report, respectively (the “Record Retention Period”). If any litigation,
claim, or audit related to this Award starts before expiration of the Record Retention Period, the Record
Retention Period shall extend until all litigation, claims, or audit findings have been resolved and final action
taken by the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit,
oversight or indirect costs, and the State, may notify Subrecipient in writing that the Record Retention Period
shall be extended. For records for real property and equipment, the Record Retention Period shall extend
three years following final disposition of such property.
B. Inspection
Subrecipient shall permit the State, the federal government, and any other duly authorized agent of a
governmental agency to audit, inspect, examine, excerpt, copy and transcribe Subrecipient Records during
the Record Retention Period. Subrecipient shall make Subrecipient Records available during normal business
hours at Subrecipient’s office or place of business, or at other mutually agreed upon times or locations, upon
no fewer than two Business Days’ notice from the State, unless the State determines that a shorter period of
notice, or no notice, is necessary to protect the interests of the State.
C. Monitoring
The State, the federal government, and any other duly authorized agent of a governmental agency, in its
discretion, may monitor Subrecipient’s performance of its obligations under this Agreement using procedures
as determined by the State or that governmental entity. Subrecipient shall allow the State to perform all
monitoring required by the Uniform Guidance, based on the State’s risk analysis of Subrecipient and this
Agreement. The State shall have the right, in its sole discretion, to change its monitoring procedures and
requirements at any time during the term of this Agreement. The State shall monitor Subrecipient’s
performance in a manner that does not unduly interfere with Subrecipient’s performance of the Work.
D. Final Audit Report
Subrecipient shall promptly submit to the State a copy of any final audit report of an audit performed on
Subrecipient’s records that relates to or affects this Agreement or the Work, whether the audit is conducted
by Subrecipient or a third party. Additionally, if Subrecipient is required to perform a single audit under 2
CFR 200.501, et. seq., then Subrecipient shall submit a copy of the results of that audit to the State within
the same timelines as the submission to the federal government.
8. CONFIDENTIAL INFORMATION - STATE RECORDS
A. Confidentiality
Subrecipient shall keep confidential, and cause all Subcontractors to keep confidential, all State Records,
unless those State Records are publicly available. Subrecipient shall not, without prior written approval of
the State, use, publish, copy, disclose to any third party, or permit the use by any third party of any State
Records, except as otherwise stated in this Agreement, permitted by law or approved in writing by the State.
Subrecipient shall provide for the security of all State Confidential Information in accordance with all
applicable laws, rules, policies, publications, and guidelines. Subrecipient shall immediately forward any
request or demand for State Records to the State’s Principal Representative identified on the Cover Page of
the Agreement.
B. Other Entity Access and Nondisclosure Agreements
Subrecipient may provide State Records to its agents, employees, assigns and Subcontractors as necessary to
perform the Work, but shall restrict access to State Confidential Information to those agents, employees,
assigns and Subcontractors who require access to perform their obligations under this Agreement.
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Subrecipient shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing
nondisclosure provisions at least as protective as those in this Agreement, and that the nondisclosure
provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State
Confidential Information. Subrecipient shall provide copies of those signed nondisclosure provisions to the
State upon execution of the nondisclosure provisions if requested by the State.
C. Use, Security, and Retention
Subrecipient shall use, hold and maintain State Confidential Information in compliance with any and all
applicable laws and regulations only in facilities located within the United States, and shall maintain a secure
environment that ensures confidentiality of all State Confidential Information. Subrecipient shall provide the
State with access, subject to Subrecipient’s reasonable security requirements, for purposes of inspecting and
monitoring access and use of State Confidential Information and evaluating security control effectiveness.
Upon the expiration or termination of this Agreement, Subrecipient shall return State Records provided to
Subrecipient or destroy such State Records and certify to the State that it has done so, as directed by the State.
If Subrecipient is prevented by law or regulation from returning or destroying State Confidential Informat ion,
Subrecipient warrants it will guarantee the confidentiality of, and cease to use, such State Confidential
Information.
D. Incident Notice and Remediation
If Subrecipient becomes aware of any Incident, Subrecipient shall notify the State immediately an d cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined
by the State. Unless Subrecipient can establish that Subrecipient and its agents, employees, and
Subcontractors are not the cause or source of the Incident, Subrecipient shall be responsible for the cost of
notifying each person who may have been impacted by the Incident. After an Incident, Subrecipient shall
take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which
may include, but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State. The State may adjust or direct modifications to this plan, in its sole
discretion and Subrecipient shall make all modifications as directed by the State. If Subrecipient cannot
produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform such
analysis and produce a remediation plan, and Subrecipient shall reimburse the State for the reasonable costs
thereof. The State may, in its sole discretion and at Subrecipient’s sole expense, require Subrecipient to
engage the services of an independent, qualified, State-approved third party to conduct a security audit.
Subrecipient shall provide the State with the results of such audit and evidence of Subrecipient’s planned
remediation in response to any negative findings.
E. Data Protection and Handling
Subrecipient shall ensure that all State Records and Work Product in the possession of Subrecipient or any
Subcontractors are protected and handled in accordance with the requirements of this Agreement, including
the requirements of any Exhibits hereto, at all times. As used in this section, the protections afforded Work
Product only apply to Work Product that requires confidential treatment.
F. Safeguarding PII
If Subrecipient or any of its Subcontractors will o r may receive PII under this Agreement, Subrecipient shall
provide for the security of such PII, in a manner and form acceptable to the State, including, without
limitation, State non-disclosure requirements, use of appropriate technology, security practic es, computer
access security, data access security, data storage encryption, data transmission encryption, security
inspections, and audits. Subrecipient shall be a “Third -Party Service Provider” as defined in §24-73-
103(1)(i), C.R.S., and shall maintain security procedures and practices consistent with §§24-73-101 et seq.,
C.R.S.
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Subrecipient shall not engage in any business or activities or maintain any relationships that conflict in any
way with the full performance of the obligations of Subrecipient under this Agreement. Such a conflict of
interest would arise when a Subrecipient or Subcontractor’s employee, officer or agent were to offer or
provide any tangible personal benefit to an employee of the State, or any member of his or her immediate
family or his or her partner, related to the award of, entry into or management or oversight of this Agreement.
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B. Apparent Conflicts of Interest
Subrecipient acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest
shall be harmful to the State’s interests. Absent the State’s prior written approval, Subrecipient shall refrain
from any practices, activities or relationships that reasonably app ear to be in conflict with the full
performance of Subrecipient’s obligations under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Subrecipient is uncertain whether a conflict or the
appearance of a conflict has arisen, Subrecipient shall submit to the State a disclosure statement setting forth
the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to
follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement.
D. Subrecipient acknowledges that all State employees are subject to the ethical principles described in §24-18-
105, C.R.S. Subrecipient further acknowledges that State employees may be subject to the requirements of
§24-18-105, C.R.S., with regard to this Agreement. For the avoidance of doubt, an actual or apparent conflict
of interest shall exist if Subrecipient employs or contracts with any State employee, any former State
employee within six months following such employee’s termination of employment with the State, or any
immediate family member of such current or former State employee. Subrecipient shall provide a disclosure
statement as described in §9.C. no later than ten days following entry into a contractual or employment
relationship as described in this section. Failure to timely submit a disclosure statement shall constitute a
Breach of Agreement. Subrecipient may also be subject to such penalties as are allowed by law.
10. INSURANCE
Subrecipient shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance
as specified in this section at all times during the term of this Agreement. All insurance policies required by this
Agreement that are not provided through self-insurance shall be issued by insurance companies as approved by
the State.
A. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering
all Subrecipient or Subcontractor employees acting within the course and scope of their employment.
B. General Liability
Commercial general liability insurance covering premises operations, fire damage, independent contractors,
products and completed operations, blanket contractual liability, personal injury, and advertising liability
with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any 1 fire.
C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non -owned autos) with a
minimum limit of $1,000,000 each accident combined single limit .
D. Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases and
construction contracts require additional insured coverage for completed operations) required of Subrecipient
and Subcontractors.
E. Primacy of Coverage
Coverage required of Subrecipient and each Subcontractor shall be primary over any insurance or self-
insurance program carried by Subrecipient or the State.
F. Cancellation
All insurance policies shall include provisions preventing cancellation or non -renewal, except for
cancellation based on non-payment of premiums, without at least 30 days prior notice to Subrecipient and
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Subrecipient shall forward such notice to the State in accordance with §14 within seven days of
Subrecipient’s receipt of such notice.
G. Subrogation Waiver
All insurance policies secured or maintained by Subrecipient or its Subcontractors in relation to this
Agreement shall include clauses stating that each carrier shall waive all rights of recovery under subrogation
or otherwise against Subrecipient or the State, its agencies, institutions, organizations, officers, agents,
employees, and volunteers.
H. Public Entities
If Subrecipient is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24 -
10-101, et seq., C.R.S. (the “GIA”), Subrecipient shall maintain, in lieu of the liability insurance requirements
stated above, at all times during the term of this Agreement such liability insurance, by commercial policy or
self-insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within
the meaning of the GIA, Subrecipient shall ensure that the Subcontractor maintain at all times during the
terms of this Subrecipient, in lieu of the liability insurance requirements stated above, such liability insurance,
by commercial policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the
GIA.
I. Certificates
For each insurance plan provided by Subrecipient under this Agreement, Subrecipient shall provide to the
State certificates evidencing Subrecipient’s insurance coverage required in this Agreement prior to the
Effective Date. Subrecipient shall provide to the State certificates evidencing Subcontractor insurance
coverage required under this Agreement prior to the Effective Date, except that, if Subrecipient’s subcontract
is not in effect as of the Effective Date, Subrecipient shall provide to the State certificates showing
Subcontractor insurance coverage required under this Agreement within seven Business Days following
Subrecipient’s execution of the subcontract. No later than 15 days before the expiration date of Subrecipient’s
or any Subcontractor’s coverage, Subrecipient shall deliver to the State certificates of insurance evidencing
renewals of coverage. At any other time during the term of this Agreement, upon request by the State,
Subrecipient shall, within seven Business Days following the request by the State, supply to the State
evidence satisfactory to the State of compliance with the provisions of this section.
11. BREACH OF AGREEMENT
In the event of a Breach of Agreement, the aggrieved Party shall give written notice of breach to the other
Party. If the notified Party does not cure the Breach of Agreement, at its sole expense, within 30 days after
the delivery of written notice, the Party may exercise any of the remedies as described in §12 for that Party.
Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide
notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any
other remedy in this Agreement in order to protect the public interest of the State; or if Subrecipient is
debarred or suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure
period and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement
as of the date that the debarment or suspension takes effect.
12. REMEDIES
A. State’s Remedies
If Subrecipient is in breach under any provision of this Agreement and fails to cure such breach, the State,
following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in
addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the
remedies available to it, in its discretion, concurrently or consecutively.
i. Termination for Breach of Agreement
In the event of Subrecipient’s uncured breach, the State may terminate this entire Agreement or any part
of this Agreement. Additionally, if Subrecipient fails to comply with any terms of the Federal Award,
then the State may, in its discretion or at the direction of a Federal Awarding Agency, terminate this
entire Agreement or any part of this Agreement. Subrecipient shall continue performance of this
Agreement to the extent not terminated, if any.
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a. Obligations and Rights
To the extent specified in any termination notice, Subrecipient shall not incur further obligations or
render further performance past the effecti ve date of such notice, and shall terminate outstanding
orders and subcontracts with third parties. However, Subrecipient shall complete and deliver to the
State all Work not cancelled by the termination notice, and may incur obligations as necessary to do
so within this Agreement’s terms. At the request of the State, Subrecipient shall assign to the State
all of Subrecipient’s rights, title, and interest in and to such terminated orders or subcontracts. Upon
termination, Subrecipient shall take timely, reasonable and necessary action to protect and preserve
property in the possession of Subrecipient but in which the State has an interest. At the State’s
request, Subrecipient shall return materials owned by the State in Subrecipient’s possession at the
time of any termination. Subrecipient shall deliver all completed Work Product and all Work
Product that was in the process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Subrecipient for accepted Work
received as of the date of termination. If, after termination by the State, the State agrees that
Subrecipient was not in breach or that Subrecipient’s action or inaction was excusable, such
termination shall be treated as a termination in the public interest, and the rights and obligations of
the Parties shall be as if this Agreement had been terminated in the public interest under §2.E.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Subrecipient shall remain liable to the State
for any damages sustained by the State in connection with any breach by Subrecipient, and the State
may withhold payment to Subrecipient for the purpose of mitigating the State’s damages until such
time as the exact amount of damages due to the State from Subrecipient is determined. The State
may withhold any amount that may be due Subrecipient as the State deems necessary to protect the
State against loss including, without limitation, loss as a result of outstanding liens and excess costs
incurred by the State in procuring from third parties replacement Work as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
a. Suspend Performance
Suspend Subrecipient’s performance with respect to all or any portion of the Work pending
corrective action as specified by the State without entitling Subrecipient to an adjustment in price
or cost or an adjustment in the performance schedule. Subrecipient shall promptly cease performing
Work and incurring costs in accordance with the State’s directive, and the State shall not be liable
for costs incurred by Subrecipient after the suspension of performance.
b. Withhold Payment
Withhold payment to Subrecipient until Subrecipient corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Subrecipient’s actions or inactions, cannot be
performed or if they were performed are reasonably of no value to the state ; provided, that any
denial of payment shall be equal to the value of the obligations not performed.
d. Removal
Demand immediate removal of any of Subrecipient’s employees, agents, or Subcontractors from the
Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary
to the public interest or the State’s best interest.
e. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any Work is likely to
infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Subrecipient
shall, as approved by the State (i) secure that right to use such Work for the State and Subrecipient;
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(ii) replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing;
or, (iii) remove any infringing Work and refund the amount paid for such Work to the State.
B. Subrecipient’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach, Subrecipient,
following the notice and cure period in §11 and the dispute resolution process in §13 shall have all remedies
available at law and equity.
13. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement
which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a senior manager designated by
Subrecipient for resolution.
B. Resolution of Controversies
If the initial resolution described in §13.A fails to resolve the dispute within 10 Business Days, Subrecipient
shall submit any alleged breach of this Agreement by the State to the Procurement Official of the State
Agency named on the Cover Page of this Agreement as described in §24-101-301(30), C.R.S., for resolution
following the same resolution of controversies process as describe d in §§24-106-109, and 24-109-101.1
through 24-109-505, C.R.S., (collectively, the “Resolution Statutes”), except that if Subrecipient wishes to
challenge any decision rendered by the Procurement Official, Subrecipient’s challenge shall be an appeal to
the executive director of the Department of Personnel and Administration, or their delegate, in the same
manner as described in the Resolution Statutes before Subrecipient pursues any further action. Except as
otherwise stated in this Section, all requirement s of the Resolution Statutes shall apply including, without
limitation, time limitations regardless of whether the Colorado Procurement Code applies to this Agreement .
14. NOTICES and REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for this Agreement shall be the
principal representative of the designating Party. All notices required or permitted to be given under this
Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or
registered mail to such Party’s principal representative at the address set forth on the Cover Page for this
Agreement or (C) as an email with read receipt requested to the principal representative at the email address, if
any, set forth on the Cover Page for this Agreement. If a Party delivers a notice to another through email and the
email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party
delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to
such Party’s principal representative at the address set forth on the Cover Page for this Agreement. Either Party
may change its principal representative or principal representative contact information, or may designate specific
other individuals to receive certain types of notices in addition to or in lieu of a principal representative, by notice
submitted in accordance with this section without a formal amendment to this Agreement. Unless otherwise
provided in this Agreement, notices shall be effective upon delivery of the written notice.
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Subrecipient agrees to provide to the State a royalty-free, non-exclusive and irrevocable license to reproduce
publish or otherwise use and to authorize others to use the Work Product described herein, for the Federal
Awarding Agency’s and State’s purposes. All Work Product shall be delivered to the State by Subrecipient
upon completion or termination hereof.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, all State Records, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes, studies, data,
images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas,
concepts, know-how, and information provided by or on behalf of the State to Subrecipient are the exclusive
property of the State (collectively, “State Materials”). Subrecipient shall not use, willingly allow, cause or
permit Work Product or State Materials to be used for any purpose other than the performan ce of
Subrecipient’s obligations in this Agreement without the prior written consent of the State. Upon termination
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of this Agreement for any reason, Subrecipient shall provide all Work Product and State Materials to the
State in a form and manner as directed by the State.
C. Exclusive Property of Subrecipient
Subrecipient retains the exclusive rights, title, and ownership to any and all pre -existing materials owned or
licensed to Subrecipient including, but not limited to, all pre-existing software, licensed products, associated
source code, machine code, text images, audio and/or video, and third -party materials, delivered by
Subrecipient under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable
(collectively, “Subrecipient Property”). Subrecipient Property shall be licensed to the State as set forth in this
Agreement or a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained
by the State from the applicable third-party vendor, or (iii) in the case of open source software, the license
terms set forth in the applicable open source license agreement.
16. GENERAL PROVISIONS
A. Assignment
Subrecipient’s rights and obligations under this Agreement are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such
consent shall be void. Any assignment or transfer of Subrecipient’s rights and obligations approved by the
State shall be subject to the provisions of this Agreement.
B. Subcontracts
Subrecipient shall not enter into any subaward or subcontract in connection with its obligations under this
Agreement without the prior, written approval of the State. Subrecipient shall submit to the State a copy of
each such subaward or subcontract upon request by the State. All subawards and subcontracts entered into
by Subrecipient in connection with this Agreement shall comply with all applicable federal and state laws
and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject
to all provisions of this Agreement. If the entity with whom Subrecipient enters into a subcontract or
subaward would also be considered a Subrecipient, then the subcontract or subaward entered into by
Subrecipient shall also contain provisions permitting both Subrecipient and the State to perform all
monitoring of that Subcontractor in accordance with the Uniform Guidance.
C. Binding Effect
Except as otherwise provided in §16.A, all provisions of this Agreement, including the benefits and burdens,
shall extend to and be binding upon the Parties’ respective successors and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this Agreement and the
performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections,
exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same agreement.
G. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties related to the
Work, and all prior representations and understandings related to the Work, oral or written, are merged into
this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not
have any force or effect whatsoever, unless embodied herein.
H. Digital Signatures
If any signatory signs this Agreement using a digital signature in accordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under
the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system
through which that signatory signed shall be incorporated into this Agreement by reference.
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Contract Number: 21-HTR-ZL-00161/491002407 Page 16 of 45 Version 10/23/19
I. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective
if agreed to in a formal amendment to this Agreement, prop erly executed and approved in accordance with
applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other
than Agreement amendments, shall conform to the policies issued by the Colorado State Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority
shall be interpreted to refer to such authority then current, as may have been changed or amended since the
Effective Date of this Agreement.
K. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in
any terms, conditions, or agreements appearing on Subrecipient’s or a Subcontractor’s website or any
provision incorporated into any click-through or online agreements related to the Work unless that provision
is specifically referenced in this Agreement.
L. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under this Agreement in accordance with the intent
of this Agreement.
M. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of this
Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other
Party.
N. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal
Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales
and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number
98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of
whether any political subdivision of the State imposes such taxes on Subrecipient. Subrecipient shall be solely
responsible for any exemptions from the collection of excise, sales or use taxes that Subrecipient may wish
to have in place in connection with this Agreement.
O. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §16.A, this Agreement does not and is
not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement
of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or
benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not
create any rights for such third parties.
P. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit
or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right,
power, or privilege preclude any other or further exercise of such right, power, or privilege.
Q. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and standards
required under §24-106-107, C.R.S., if any, are subject to public release through the CORA.
R. Standard and Manner of Performance
Subrecipient shall perform its obligations under this Agreement in accordance with the highest standards of
care, skill and diligence in Subrecipient’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations
i. Subrecipient shall secure, prior to the Effective Date, and maintain at all times during the term of this
Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to
perform its obligations under this Agreement, and shall ensure that all employees, agents and
Subcontractors secure and maintain at all times during the term of their employment, agency or
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Subcontractor, all license, certifications, permits and other authorizations required to perform their
obligations in relation to this Agreement.
ii. Subrecipient, if a foreign corporation or other foreign entity transacting business in the State of Colorado,
shall obtain prior to the Effective Date and maintain at all times during the term of this Agreement, at its
sole expense, a certificate of authority to transact business in the State of Colorado and designate a
registered agent in Colorado to accept service of process.
T. Federal Provisions
Subrecipient shall comply with all applicable requirements of Exhibits C and D at all times during the term
of this Agreement.
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all agreements except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee.
If this Agreement is for a Major Information Technology Project, as defined in §24 -37.5-102(2.6), C.R.S.,
then this Agreement shall not be valid until it has been approved by the State’s Chief Information Officer or
designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon f unds for
that purpose being appropriated, budgeted, and otherwise made available .
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled
and limited by the provisions of the Colorado Governmental Immunity Act, §24 -10-101, et seq., C.R.S.; the
Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management
statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Subrecipient shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Subrecipient nor any agent or employee of Subrecipient shall be deemed to be an agent or employee of the
State. Subrecipient shall not have authorization, express or implied, to bind the State to any agreement,
liability or understanding, except as expressly set forth herein. Subrecipient and its employees and agents
are not entitled to unemployment insurance or workers compensation benefits through the State and
the State shall not pay for or otherwise provide such coverage for Subrecipient or any of its agents or
employees. Subrecipient shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this Agreement. Subrecipient shall (i) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by law,
(ii) provide proof thereof when requested by the State, an d (iii) be solely responsible for its acts and
those of its employees and agents.
E. COMPLIANCE WITH LAW.
Subrecipient shall comply with all applicable federal and State laws, rules, and regulations in effect or
hereafter established, including, without limitation, laws applicable to discrimination and unfair employment
practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this
Agreement shall be filed and proceedings held in the State of Col orado and exclusive venue shall be in the
City and County of Denver.
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G. PROHIBITED TERMS.
Any term included in this Agreement that requires the State to indemnify or hold Subrecipient harmless;
requires the State to agree to binding arbitration; limits Subrecipient’s liability for damages resulting from
death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be
void ab initio. Nothing in this Agreement shall be construed as a waiver of any provision of §24-106-109,
C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Subrecipient hereby certifies and warrants that, during the term of this Agreement and any extensions,
Subrecipient has and shall maintain in place appropriate systems and controls to prevent such improper use
of public funds. If the State determines that Subrecipient is in violation of this provision, the State may
exercise any remedy available at law or in equity or under this Agreement, including, without limitation,
immediate termination of this Agreement and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507,
C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial inter est
whatsoever in the service or property described in this Agreement. Subrecipient has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Subrecipient’s services and Subrecipient shall not employ any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller
may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for:
(i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or
other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division
of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation
Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action.
The State may also recover, at the State’s discretion, payments made to Subrecipient in error for any reason,
including, but not limited to, overpayments or improper payments, and unexpended or excess funds received
by Subrecipient by deduction from subsequent payments under this Agreement, deduction from any payment
due under any other contracts, grants or agreements between the State and Subrecipient, or by any other
appropriate method for collecting debts owed to the State.
K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Subrecipient certifies, warrants, and agrees that it does not
knowingly employ or contract with an illegal alien who wil l perform work under this Agreement and will
confirm the employment eligibility of all employees who are newly hired for employment in the United States
to perform work under this Agreement, through participation in the E-Verify Program or the State verification
program established pursuant to §8-17.5-102(5)(c), C.R.S., Subrecipient shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement or enter into a contract with a
Subcontractor that fails to certify to Subrecipient that the Subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement. Subrecipient (i) shall not use E-Verify
Program or the program procedures of the Colorado Department of Labor and Employment (“De partment
Program”) to undertake pre-employment screening of job applicants while this Agreement is being
performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher
education within three days if Subrecipient has actual knowledge that a Subcontractor is employing or
contracting with an illegal alien for work under this Agreement, (iii) shall terminate the subcontract if a
Subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the
notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken
pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Subrecipient
participates in the Department program, Subrecipient shall deliver to the contracting State agency, Institution
of Higher Education or political subdivision, a written, notarized affirmation, affirming that Subrecipient has
examined the legal work status of such employee, and shall comply with all of the other requirements of the
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Department program. If Subrecipient fails to comply with any requirement of this provision or §§8-17.5-101,
et seq., C.R.S., the contracting State agency, institution of higher education or political subdiv ision may
terminate this Agreement for breach and, if so terminated, Subrecipient shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S.
Subrecipient, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty
of perjury that Subrecipient (i) is a citizen or otherwise lawfully present in the United States pursuant to
federal law, (ii) shall comply with the provisions of §§24 -76.5-101, et seq., C.R.S., and (iii) has produced
one form of identification required by §24-76.5-103, C.R.S., prior to the Effective Date of this Agreement.
DocuSign Envelope ID: B28FE601-CD33-4688-AE6A-929D6ABCD733
ATTACHMENT A: State Grant Contract
Contract Number: 21-HTR-ZL-00161/491002407 Page 20 of 45 Version 10/23/19
EXHIBIT A, STATEMENT OF WORK AND BUDGET
Project Description* 2020 5339(c.)-Two (2) Electric Vehicles
Federal Awarding Agency Federal Transit Administration (FTA)
Federal Regional Contact Cindy Terwilliger
Federal Award Date To Be Determined
Project End Date December 31, 2022
FAIN To Be Determined CFDA # 20.526
CFDA Title Bus and Bus Facilities Grants Program
Subrecipient Town of Avon DUNS # 146666065
Contact Name Eva Wilson Vendor # 2000101
Address 100 Mikaela Way
Avon, CO 81620-0975
Phone # (970) 748-4111
Email ewilson@avon.org Indirect Rate N/A
WBS** 20-39-0023.AVON.111 ALI 11.12.02, 11.52.03
Total Project Budget $2,000,000.00
Federal FTA-5339 Funds (at 80% or less) $1,600,000.00
Local Funds (at 20% or more) $400,000.00
Total Project Amount Encumbered via this Subaward Agreement $2,000,000.00
*This is not a research and development grant.
**The WBS numbers may be replaced without changing the amount of the subaward at CDOT’s discretion.
A. Project Description
Town of Avon shall use 2021 FTA-5339 (C) funds, along with local matching funds, to replace two , out of useful
life, diesel buses with two (2) critical needed 35’ Proterra electric buses and leverage three Proterra electric bus
charging stations, as more fully described below. The purchase will support the goals of the Statewide T ransit Plan.
Town of Avon shall use capital funds to purchase the following ADA vehicles and Capital Assets:
ALI QTY Fuel Type Description FTA Amount
11.12.02 2 Elec Two ADA Electric Buses $1,600,000
The Capital Asset(s) being purchased is/are replacing the following existing fleet vehicles:
VIN Fleet ID COTRAMS Inventory Year Model Make
15GCB211931112328 850 INV-00004792 2003 Phantom Gillig Corp
15GGB271071077855 854 INV-00004796 2007 Phantom Gillig Corp
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B. Performance Standards
1. Project Milestones
2. Town of Avon shall use the Capital Asset(s) purchased in its transit operations and shall perform regularly
recurring maintenance with specific performance measures tied to Town of Avon’s written maintenance plans,
including manufacturer’s recommendations and warranty program(s). Town of Avon will measure wh ether this
project is successful and improves the efficiency, effectiveness, and safety of transportation.
3. Performance will be reviewed throughout the duration of this Subaward Agreement. Town of Avon shall report
to the CDOT Project Manager whenever one or more of the following occurs:
a. Budget or schedule changes;
b. Scheduled milestone or completion dates are not met;
c. Identification of problem areas and how the problems will be resolved; and/or
d. Expected impacts and the efforts to recover from delays.
4. Town of Avon must comply and submit all reimbursements and reports associated, including the assignment of
“Colorado Department of Transportation” as the lienholder on the Capital Asset(s), as a condition of project
closeout.
C. Project Budget
1. The Total Project Budget is $2,000,000.00. CDOT will pay no more than 80% of the eligible, actual project
costs, up to the maximum amount of $1,600,000.00. CDOT will retain any remaining balance of the federal
share of FTA-5339 Funds. Town of Avon shall be solely responsible for all costs incurred in the project in
excess of the amount paid by CDOT from Federal Funds for the federal share of eligible, actual costs. For
CDOT accounting purposes, the Federal Funds of $1,600,000.00 (80%) and matching Local Funds of
$400,000.00 (20%), will be encumbered for this Subaward Agreement.
2. No refund or reduction of the amount of Town of Avon’s share to be provided will be allowed unless there is at
the same time a refund or reduction of the federal share of a proportionate amount.
3. Town of Avon may use eligible federal funds for the Local Funds share, but those funds cannot be from other
Federal Department of Transportation (DOT) programs. Town of Avon’s share, together with the Federal Funds
share, must be enough to ensure payment of the Total Project Budget.
4. Per the terms of this Subaward Agreement, CDOT shall have no obligation to provide state funds for use on this
project. CDOT will administer Federal Funds for this project under the terms of this Subaward Agreement,
provided that the federal share of FTA funds to be administered by CDOT are made available and remain
available. Town of Avon shall initiate and prosecute to completion all actions necessary to enable Town of
Avon to provide its share of the Total Project Budget at or prior to the time that such funds are needed to meet
the Total Project Budget.
D. Procurement
Procurement of the Capital Asset(s) will comply with state procurement procedures, the DTR Quick Procurement
Guide, as well as FTA’s requirements and 2 CFR 200.320. In addition to the state requirements outlined below, state
and FTA procedures (where applicable) for purchase of the Capital Asset(s) must be followed and will be outlined
prior to purchase.
Milestone Description Original Estimated Completion Date
Submit Reimbursement Request in COTRAMS 7/1/2021
Submit Progress Reports to GU Manager 1/1/2021
Submit Final Reimbursement Request in COTRAMS 3/31/2022
IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement request)
must be completed no later than the expiration date of this Subaward Agreement: December 31, 2022.
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1. The first step in the procurement process will be to obtain an Independent Cost Estimate (ICE).
2. The second step will be to obtain a Procurement Concurrence Request (PCR) approval from the CDOT Project
Manager through COTRAMS.
3. Prior to entering into a purchasing agreement with the selected vendor, Town of A von shall request a Purchase
Authorization (PA), and submit a vendor quote for the Capital Asset(s) in COTRAMS. The PA must identify a
manufacturer found on the FTA’s certified transit vehicle manufacturer (TVM) list. Only those TVM’s listed on
FTA’s TVM list, or that have submitted a goal methodology to FTA that has been approved or has not been
disapproved, at the time of solicitation are eligible to bid on FTA funded vehicle procurements.
4. Upon delivery, Town of Avon shall be responsible for having the Ca pital Asset(s) inspected and accepted
within fifteen (15) calendar days of delivery. If defects prevent acceptance of the Capital Asset(s), Town of
Avon will contact the vendor to resolve any defects and notify CDOT.
5. Town of Avon shall be responsible for reimbursing the selected vendor within forty-five (45) calendar days
after acceptance of the Capital Asset(s).
E. Reimbursement Eligibility
Requests for reimbursement for eligible project costs will be paid to Town of Avon upon submission of a complete
reimbursement packet in COTRAMS for those eligible costs incurred during the Subaward Agreement effective
dates.
Accepted reimbursement packets will include the following completed documents:
Independent Cost Estimate (ICE)
Procurement Concurrence Request (PCR)
Purchase Authorization (PA)
Signed Notice of Acceptance (NA)
Signed Security Agreement (SA)
Application for Title showing “Colorado Department of Transportation” as the lienholder
Invoice
Proof of Payment
Post Delivery Certifications
Town of Avon must submit the final invoice within sixty (60) calendar days of acceptance of the Capital Asset(s),
and submit a Grant Closeout and Liquidation (GCL) Form in COTRAMS within fifteen (15) calendar days of
issuance of the final reimbursement payment.
F. Federal Interest-Service Life
The useful life of rolling stock begins on the date the vehicle is placed in revenue service and continues until it is
removed from revenue service. The minimum useful life in years refers to total time in transit revenue service, no t
time spent stockpiled or otherwise unavailable for regular transit use. The minimum useful life in miles refers to
total miles in transit revenue service. Non-revenue miles and periods of extended removal from service do not count
towards useful life. Changes in operating circumstances, including unforeseen difficulty maintaining vehicles,
higher cost of fuel, and changes in local law limiting where vehicles can be operated are not exemptions from
minimum useful life requirements.
FTA maintains its share of the remaining federal interest upon disposition of federally assisted property before the
end of its useful life or for a value greater than $5,000 after the useful life has been met, according to the provisions
of FTA C 5010.E1 Chapter IV(4)(o)(1).
Minimum useful life is determined by years of service or accumulation of miles, whichever comes first, in
accordance with FTA C. 5010.E1 Chapter IV(4)(f)(2).
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Town of Avon shall not dispose or otherwise release the Capital Asset(s) to any other party while the re is federal
interest in the Capital Asset(s) without approval from the CDOT Project Manager.
Town of Avon is responsible for making the request to the CDOT Project Manager in a timely manner, providing
appropriate documentation, if indicated, when a lien release is being requested in order to allow CDOT to process
the release of a lien.
CDOT and Town of Avon will work in conjunction with Department of Revenue (DOR) to assure the lien is
released according to state rules.
G. Training
In an effort to enhance transit safety, Town of Avon and any subrecipients and subcontractors shall make a good
faith effort to ensure that appropriate training of agency and contracted personnel is occurring and that personnel are
up to date in appropriate certifications. In particular, Town of Avon shall ensure that driving personnel are provided
professional training in defensive driving and training on the handling of mobility devices and transporting older
adults and individuals with disabilities.
H. Safety Data
Town of Avon and any subrecipients shall maintain and submit, as requested, data related to bus safety. This may
include, but not be limited to, the number of vehicle accidents within certain measurement parameters set forth by
CDOT, the number and extent of passenger injuries or claims, and the number and extent of employee accidents,
injuries, and incidents.
I. Restrictions on Lobbying
Town of Avon is certifying that it complies with 2 CFR 200.450 by entering into this Subaward Agreement.
J. Special Conditions
1. Town of Avon will comply with all requirements imposed by CDOT on Town of Avon so that the federal
award is used in accordance with federal statutes, regulations, and the terms and conditions of the federal award.
2. Town of Avon must permit CDOT and their auditors to have ac cess to Town of Avon’s records and financial
statements as necessary, with reasonable advance notice.
3. Record retention shall adhere to the requirements outlined in 2 CFR 200.333 and FTA C 5010.1.
4. Except as provided in this Subaward Agreement, Town of Avon shall not be reimbursed for any purchase,
issued purchase order, or leased capital equipment prior to the execution of this Subaward Agreement.
5. Town of Avon cannot request reimbursement for costs on this project from more than one Federal Awarding
Agency or other federal awards (i.e., no duplicate billing).
6. Town of Avon must obtain CDOT approval, in writing, if FTA funds are intended to be used for payment of a
lease or for third-party contracts.
7. Town of Avon shall document any loss, damage, or theft of FTA- or state-funded property, equipment, or
rolling stock in COTRAMS.
8. If receiving FTA 5311 funding, Town of Avon shall advertise its fixed route and/or rural based service as
available to the general public and service will not be explicitly limited by trip purpose or client type.
9. If receiving FTA 5311 funding, Town of Avon shall maintain and report annually all information required by
the National Transit Database (NTD) and any other financial, fleet, or service data.
10. If receiving FTA 5311 or 5339 funding, Town of Avon will ensure subcontractors and subrecipients comply
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with FTA Drug and Alcohol Regulations.
11. Town of Avon shall ensure that it does not exclude from participation in, deny the benefits of, or subject to
discrimination any person in the United States on the ground of race, color, national origin, sex, age or disability
in accordance with Title VI of the Civil Rights Act of 1964.
12. Town of Avon shall seek to ensure non-discrimination in its programs and activities by developing and
maintaining a Title VI Program in accordance with the “Requirements for FTA Subrecipients” in CDOT’s Title
VI Program Plan and Federal Transit Administration Circular 4702.1B, “Title VI Requirements and Guidelines
for FTA Recipients.” The Party shall also facilitate FTA’s compliance with Executive Order 12898 and DOT
Order 5610.2(a) by incorporating the principles of environmental justice in planning, project development, and
public outreach in accordance with FTA Circular 4703.1 “Environmental Justice Policy Guidance for Fe deral
Transit Administration Recipients.”
13. Town of Avon will provide transportation services to persons with disabilities in accordance with Americans
with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq.
14. Town of Avon shall develop and maintain an ADA Program in accordance with 28 CFR Part 35,
Nondiscrimination on the Basis of Disability in State and Local Government Services, FTA Circular 4710.1,
and any additional requirements established by CDOT for FTA subrecipients.
15. Town of Avon shall ensure that it will comply with the Americans with Disabilities Act, Section 504 of the
Rehabilitation Act, FTA guidance, and any other federal, state, and/or local laws, rules and/or regulations. In
any contract utilizing federal funds, land, or other federa l aid, Town of Avon shall require its subrecipients
and/or contractors to provide a statement of written assurance that they will comply with Section 504 and not
discriminate on the basis of disability.
16. Town of Avon shall agree to produce and maintain documentation that supports compliance with the Americans
with Disabilities Act to CDOT upon request.
17. Town of Avon shall provide CDOT with an equity analysis if the project involves choosing a site or location of
a facility in accordance with FTA Circular 4702.1B.
18. Town of Avon shall update its Agency Profile in COTRAMS with any alterations to existing construction or
any new construction in accordance with FTA Circular 4710.1.
19. Town of Avon will adopt a Transit Asset Management Plan that complies with regulations implementing 49
U.S.C. § 5326(d).
20. Town of Avon shall include nondiscrimination language and the Disadvantaged Business Enterprise (DBE)
assurance in all contracts and solicitations in accordance with DBE regulations, 49 CFR Part 26, and CDOT’s
DBE program.
21. Meal delivery must not conflict with providing public transportation service or reduce service to public
transportation passengers.
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ATTACHMENT A: State Grant Contract
Contract Number: 21-HTR-ZL-00161/491002407 Page 25 of 45 Version 10/23/19
EXHIBIT B, SAMPLE OPTION LETTER
State Agency
Department of Transportation
Option Letter Number
Insert the Option Number (e.g. "1" for the first
option)
Subrecipient
Insert Subrecipient's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other Contract Number of
the Original Contract
Subaward Agreement Amount
Federal Funds
Option Agreement Number
Insert CMS number or Other Contract Number of
this Option Maximum Amount (%) $0.00
Local Funds Agreement Performance Beginning Date
The later of the Effective Date or Month, Day,
Year
Local Match Amount (%) $0.00
Agreement Total $0.00 Current Agreement Expiration Date
Month, Day, Year
1. OPTIONS:
A. Option to extend for an Extension Term or End of Term Extension.
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) 2.B/2.C of the Original Agreement referenced
above, the State hereby exercises its option for an additional term/end of term extension, beginning Insert
start date and ending on the current agreement expiration date shown above, at the rates stated in the
Original Agreement, as amended.
B. For use with Options 1(A): The Subaward Agreement Amount table on the Agreement’s Cover Page
is hereby deleted and replaced with the Current Subaward Agreement Amount table shown above.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or ____, whichever is
later.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By: ________________________________________
Herman Stockinger, Deputy Director and Director of
Policy
Date: ________________________________
In accordance with §24-30-202, C.R.S., this Option
Letter is not valid until signed and dated below by
the State Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:_______________________________________
Department of Transportation
Option Letter Effective Date: __________________
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EXHIBIT C, FEDERAL PROVISIONS
1. APPLICABILITY OF PRO VISIONS
1.1. The Contract to which these Federal Provisions are attached has been funded, in whole or in part, with
an Award of Federal funds. In the event of a conflict between the provisions of these Federal Provisions,
the Special Provisions, the body of the Contract, or any attachments or exhibits incorporated into and
made a part of the Contract, the provisions of these Federal Provisions shall control.
2. DEFINITIONS
2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to
them below.
2.1.1. “Award” means an award of Federal financial assistance, and the Contract setting forth the terms
and conditions of that financial assistance, that a non-Federal Entity receives or administers.
2.1.1.1. Awards may be in the form of:
2.1.1.1.1. Grants;
2.1.1.1.2. Contracts;
2.1.1.1.3. Cooperative agreements, which do not include cooperative research and development
agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended
(15 U.S.C. 3710);
2.1.1.1.4. Loans;
2.1.1.1.5. Loan Guarantees;
2.1.1.1.6. Subsidies;
2.1.1.1.7. Insurance;
2.1.1.1.8. Food commodities;
2.1.1.1.9. Direct appropriations;
2.1.1.1.10. Assessed and voluntary contributions; and
2.1.2.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by
non-Federal Entities.
2.1.1.1.12. Any other items specified by OMB in policy memoranda available at the OMB website or
other source posted by the OMB.
2.1.1.2. Award does not include:
2.1.1.2.1. Technical assistance, which provides services in lieu of money;
2.1.1.2.2. A transfer of title to Federally-owned property provided in lieu of money; even if the award
is called a grant;
2.1.1.2.3. Any award classified for security purposes; or
2.1.1.2.4. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of
the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111 -5).
2.1.2. “Contract” means the Agreement or Subaward Agreement to which these Federal Provisions are
attached and includes all Award types in §2.1.1.1 of this Exhibit.
2.1.3. “Contractor” means the party or parties to a Contract or Subaward Agreement funded, in whole or
in part, with Federal financial assistance, other than the Prime Recipient, and includes Subrecipients
and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors.
2.1.4. “Data Universal Numbering System (DUNS) Number” means the nine-digit number established and
assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Brad street’s
website may be found at: http://fedgov.dnb.com/webform.
2.1.5. “Entity” means all of the following as defined at 2 CFR part 25, subpart C;
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2.1.5.1. A governmental organization, which is a State, local government, or Indian Tribe;
2.1.5.2. A foreign public entity;
2.1.5.3. A domestic or foreign non-profit organization;
2.1.5.4. A domestic or foreign for-profit organization; and
2.1.5.5. A Federal agency, but only a Subrecipient under an Award or Sub award to a non-Federal entity.
2.1.6. “Executive” means an officer, managing partner or any other employee in a management position.
2.1.7. “Federal Award Identification Number (FAIN)” means an Award number assigned by a Federal
agency to a Prime Recipient.
2.1.8. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient as
described in 2 CFR §200.37
2.1.9. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law
109-282), as amended by §6202 of Public Law 110 -252. FFATA, as amended, also is referred to
as the “Transparency Act.”
2.1.10. “Federal Provisions” means these Federal Provisions subject to the Transparency Act and Uniform
Guidance, as may be revised pursuant to ongoing guidance from the relevant Federal or State of
Colorado agency or institutions of higher education.
2.1.11. “OMB” means the Executive Office of the President, Office of Management and Budget.
2.1.12. “Prime Recipient” means a Colorado State agency or institution of higher education that receives
an Award.
2.1.13. “Subaward” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal
Award. The terms and conditions of the Federal Award flow down to the Award unless the terms
and conditions of the Federal Award specifically indicate other wise in accordance with 2 CFR
§200.38. The term does not include payments to a contractor or payments to an individual that is a
beneficiary of a Federal program.
2.1.14. “Subrecipient” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a
non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance
of the Federal project or program for which the Federal funds were awarded. A Subrecipient is
subject to the terms and conditions of the Federal Award to the Prime Recipient, including program
compliance requirements. The term “Subrecipient” includes and may be referred to as Subrecipient.
The term does not include an individual who is a beneficiary of a federal program.
2.1.15. “Subrecipient Parent DUNS Number” means the sub recipient parent organization’s 9 -digit Data
Universal Numbering System (DUNS) number that appears in the sub recipient’s System for Award
Management (SAM) profile, if applicable.
2.1.16. “System for Award Management (SAM)” means the Federal repository into which an Entity must
enter the information required under the Transparency Act, which may be found at
http://www.sam.gov.
2.1.17. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the
Prime Recipient’s or Subrecipient’s preceding fiscal year and includes the following:
2.1.17.1. Salary and bonus;
2.1.17.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount
recognized for financial statement reporting p urposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005)
(FAS 123R), Shared Based Payments;
2.1.17.3. Earnings for services under non-equity incentive plans, not including group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of Executives
and are available generally to all salaried employees;
2.1.17.4. Change in present value of defined benefit and actuarial pension plans;
2.1.17.5. Above-market earnings on deferred compensation which is not tax-qualified;
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2.1.17.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perqui sites or
property) for the Executive exceeds $10,000.
2.1.18. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006
(Public Law 109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also
is referred to as FFATA.
2.1.19. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes
requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-102,
and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and
conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform
Guidance or the terms and conditions of the Federal Award specifically indicate otherwise.
2.1.20. “Vendor” means a dealer, distributor, merchant or other seller providing property or services
required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a
Subrecipient and is not subject to the terms and conditions of the Federal award. Program
compliance requirements do not pass through to a Vendor.
3. COMPLIANCE
3.1. Contractor shall comply with all applicable provisions of the Transparency Act, all applicable provisions
of the Uniform Guidance, and the regulations issued pursuant thereto, including but not limited to these
Federal Provisions. Any revisions to such provisions or regulations shall automatically become a part of
these Federal Provisions, without the necessity of either party executing any further instrument. The
State of Colorado may provide written notification to Contractor of such revisions, but such notice shall
not be a condition precedent to the effectiveness of such revisions.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND DATA UNIVERSAL NUMBERING
SYSTEM (DUNS) REQUIREMENTS
4.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the
final financial report required under the Award or receives final payment, whichever is later. Contractor
shall review and update SAM information at least annually after the initial registration, and more
frequently if required by changes in its information.
4.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor’s
information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently
if required by changes in Contractor’s information.
5. TOTAL COMPENSATION
5.1. Contractor shall include Total Compensation in SAM for each of its five most highly compensated
Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $25,000 or more; and
5.1.2. In the preceding fiscal year, Contractor received:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts
and/or Federal financial assistance Awards or Sub awards subject to the Transparency Act; and
5.1.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Sub awards subject to the
Transparency Act; and
5.1.3. The public does not have access to information about the compensation of such Executives through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
6. REPORTING
6.1. Contractor shall report data elements to SAM and to the Prime Recipient as re quired in this Exhibit if
Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall
be made to Contractor for providing any reports required under these Federal Provisions and the cost of
producing such reports shall be included in the Contract price. The reporting requirements in this Exhibit
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are based on guidance from the US Office of Management and Budget (OMB), and as such are subject
to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract
and shall become part of Contractor’s obligations under this Contract.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial award is
$25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in a
total Award of $25,000 or more, the Award is subject to the reporting requirements as of the date the
Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de-
obligated such that the total award amount falls below $25,000, the Award shall continue to be subject
to the reporting requirements.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime Recipient as of
December 26, 2015. The standards set forth in §11 below are applicable to audits of fiscal years
beginning on or after December 26, 2014 .
8. SUBRECIPIENT REPORTING REQUIREMENTS
8.1. If Contractor is a Subrecipient, Contractor shall report as set forth below.
8.1.1. To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for
each Federal Award Identification Number no later than the end of the month following the month
in which the Sub award was made:
8.1.1.1. Subrecipient DUNS Number;
8.1.1.2. Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account;
8.1.1.3. Subrecipient Parent DUNS Number;
8.1.1.4. Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4, and
Congressional District;
8.1.1.5. Subrecipient’s top 5 most highly compensated Executives if the criteria in §4 above are met;
and
8.1.1.6. Subrecipient’s Total Compensation of top 5 most highly compensated Executives if criteria in
§4 above met.
8.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of
the Agreement, the following data elements:
8.1.2.1. Subrecipient’s DUNS Number as registered in SAM.
8.1.2.2. Primary Place of Perfor mance Information, including: Street Address, City, State, Country, Zip
code + 4, and Congressional District.
9. PROCUREMENT STANDARDS
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement procedures which
reflect applicable State, local, and Tribal laws and regulations, provided that the procurements conform
to applicable Federal law and the standards identified in the Uniform Guidance, including without
limitation, §§200.318 through 200.326 thereof.
9.2. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a political
subdivision of the State, its contractors must comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include
procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR
part 247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or
the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery; and establishing
an affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
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10. ACCESS TO RECORDS
10.1. A Subrecipient shall permit Recipient and auditors to have access to Sub recipient’s record s and financial
statements as necessary for Recipient to meet the requirements of §200.331 (Requirements for pass -
through entities), §§200.300 (Statutory and national policy requirements) through 200.309 (Period of
performance), and Subpart F-Audit Requirements of the Uniform Guidance. 2 CFR §200.331(a)(5).
11. SINGLE AUDIT REQUIREMENTS
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient’s fiscal year, the
Subrecipient shall procure or arrange for a single or program-specific audit conducted for that year in
accordance with the provisions of Subpart F-Audit Requirements of the Uniform Guidance, issued
pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR §200.501.
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform Guidance
§200.514 (Scope of audit), except when it elects to have a program -specific audit conducted in
accordance with §200.507 (Program-specific audits). The Subrecipient may elect to have a
program-specific audit if Subrecipient expends Federal Awards under only one Federal program
(excluding research and development) and the Federal program's statutes, regulations, or the terms
and conditions of the Federal award do not require a financial statement audit of Prime Recipient.
A program-specific audit may not be elected for research and development unless all of the Federal
Awards expended were received from Recipient and Recipient approves in advance a program -
specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscal year,
the Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2
CFR §200.503 (Relation to other audit requirements), but records shall be available for review or
audit by appropriate officials of the Federal agency, the State, and the Government Accountability
Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for
the audit required by Part F of the Uniform Guidance and ensure it is properly performed and
submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare
appropriate financial statements, including the schedule of expenditures of Federal awards in
accordance with Uniform Guidance §200.510 (Financial statements) and provide the auditor with
access to personnel, accounts, books, records, supporting documentation, and other information as
needed for the auditor to perform the audit required by Uniform Guidance Part F-Audit
Requirements.
12. CONTRACT PROVISIONS FOR SUBRECIPIENT CONTRACTS
12.1. If Contractor is a Subrecipient, then it shall comply with and shall include all of the following applicable
provisions in all subcontracts entered into by it pursuant to this Agreement.
12.1.1. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60 -
1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with
Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964 -
1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246
Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60,
“Office of Federal Contract Compliance Programs, Equal Employment Op portunity, Department of
Labor.
12.1.1.1. During the performance of this contract, the contractor agrees as follows:
12.1.1.1.1. Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that 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
of pay or other forms of compensation; and selection for training, including apprenticeship.
The contractor agrees to post in conspicuous places, available to employees and applicants
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for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
12.1.1.1.2. Contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
12.1.1.1.3. Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
by the agency contracting officer, advising the labor union or workers' representative of
the contractor's commitments under section 202 of Executive Order 11246 of September
24, 1965, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
12.1.1.1.4. Contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant o rders of the Secretary of Labor.
12.1.1.1.5. Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will per mit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
12.1.1.1.6. In the event of Contractor's non-compliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the contractor may be declared ineligible
for further Government contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
12.1.1.1.7. Contractor will include the provisions of paragraphs (1) through (7) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will
take such action with respect to any subcontract or purchase order as may be directed by
the Secretary of Labor as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that in the event Contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of such directio n,
the contractor may request the United States to enter into such litigation to protect the
interests of the United States.”
12.1.2. Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-
Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to laborers
and mechanics at a rate not less than the prevailing wages specified in a wage determination made
by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once
a week. The non-Federal entity must place a copy of the current prevailing wage determination
issued by the Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal
entity must report all suspected or reported violations to the Federal awarding agency. The contracts
must also include a provision for compliance with the Copeland “Anti -Kickback” Act (40 U.S.C.
3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants
from the United States”). The Act provides that each contractor or Subrecipient must be prohibited
from inducing, by any means, any person employed in the construction, completion, or repair of
public work, to give up any part of the compensation to which he or she is otherwise entitled. The
non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
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12.1.3. Rights to Inventions Made Under a Contract or Contract. If the Federal Award meets the
definition of “funding Contract” under 37 CFR §401.2 (a) and Subrecipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that “funding
Contract,” Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Contracts,” and any implementing regulations issued by the awarding
agency.
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended. Contracts and subawards of amounts in excess of $150,000 must contain
a provision that requires the non-Federal award to agree to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 -7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the
Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR
180.220) must not be made to parties listed on the government wide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 19 89 Comp., p.
235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory
or regulatory authority other than Executive Order 12549.
12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must
also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier-to-tier up to the non-Federal award.
13. CERTIFICATIONS
13.1. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to submit
certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR
§200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of
the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the
project or activity was completed, or the level of effort was expended. 2 CFR §200.201(3). If the
required level of activity or effort was not carried out, the amount of the Award must be adjusted .
14. EXEMPTIONS
14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person,
unrelated to any business or non-profit organization he or she may own or operate in his or her name.
14.2. A Contractor with gross income from all sources of less than $300,000 in the previous tax year is exempt
from the requirements to report Subawards and the Total Compensation of its most highly compensated
Executives.
14.3. There are no Transparency Act reporting requirements for Vendors.
15. EVENT OF DEFAULT
15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Contract
and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default
remains uncured five calendar days following the termination of the 30 -day notice period. This remedy
will be in addition to any other remedy available to the State of Colorado under the Contract, at law or
in equity.
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EXHIBIT D, REQUIRED FEDERAL CONTRACT/AGREEMENT CLAUSES
All FTA-Assisted Third-Party Contracts and Subawards from the Current FTA Mast er Agreement
[FTA MA(23)]
Section 3.l. – No Federal government obligations to third-parties by use of a disclaimer
No Federal/State Government Commitment or Liability to Third Parties. Except as the Federal Government or
CDOT expressly consents in writing, the Subrecipient agrees that:
(1) The Federal Government or CDOT do not and shall not have any commitment or liability related to the
Agreement, to any Third-Party Participant at any tier, or to any other person or entity that is not a party (FTA,
CDOT or the Subrecipient) to the Agreement, and
(2) Notwithstanding that the Federal Government or CDOT may have concurred in or approved any Solicitation
or Third-Party Agreement at any tier that may affect the Agreement, the Federal Government and CDOT
does not and shall not have any commitment or liability to any Third Party Participant or other entity or
person that is not a party (FTA, CDOT, or the Subrecipient) to the Agreement.
Section 4.f. – Program fraud and false or fraudulent statements and related acts
False or Fraudulent Statements or Claims.
(1) Civil Fraud. The Subrecipient acknowledges and agrees that:
(a) Federal laws, regulations, and requirements apply to itself and its Agreement, including the Program
Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., and U.S. DOT regulations,
“Program Fraud Civil Remedies,” 49 C.F.R. part 31.
(b) By executing the Agreement, the Subrecipient certifies and affirms to the Federal Government the
truthfulness and accuracy of any claim, statement, submission, certification, assurance, affirmation, or
representation that the Subrecipient provides to the Federal Government and CDOT.
(c) The Federal Government and CDOT may impose the penalties of the Program Fraud Civil Remedies
Act of 1986, as amended, and other applicable penalties if the Subrecipient presents, submits, or makes
available any false, fictitious, or fraudulent information.
(2) Criminal Fraud. The Subrecipient acknowledges that 49 U.S.C. § 5323(l)(1) authorizes the Federal
Government to impose the penalties under 18 U.S.C. § 1001 if the Subrecipient provides a false, fictitious,
or fraudulent claim, statement, submission, certification, assurance , or representation in connection with a
federal public transportation program under 49 U.S.C. chapter 53 or any other applicable federal law.
Section 9. Record Retention and Access to Sites of Performance.
a. Types of Records. The Subrecipient agrees that it will retain, and will require its Third-Party Participants to retain,
complete and readily accessible records related in whole or in part to the Underlying Agreement, including, but
not limited to, data, documents, reports, statistics, subagreements, l eases, third party contracts, arrangements,
other third-party agreements of any type, and supporting materials related to those records.
b. Retention Period. The Subrecipient agrees that it will comply with the record retention requirements in the
applicable U.S. DOT Common Rule. Records pertaining to its Award, the accompanying Agreement, and any
Amendments thereto must be retained from the day the Agreement was signed by the authorized FTA or State
official through the course of the Award, the accompanying Agreement, and any Amendments thereto until three
years after the Subrecipient has submitted its last or final expenditure report, and other pending matters are closed.
c. Access to Recipient and Third-Party Participant Records. The Subrecipient agrees and assures that each
Subrecipient, if any, will agree to:
(1) Provide, and require its Third Party Participants at each tier to provide, sufficient access to inspect and audit
records and information related to its Award, the accompanying Agreement, and any Amendments thereto to
the U.S. Secretary of Transportation or the Secretary’s duly authorized representatives, to the Comptroller
General of the United States, and the Comptroller General’s duly authorized representatives, and to the
Subrecipient and each of its Subrecipient,
(2) Permit those individuals listed above to inspect all work and materials related to its Award, and to audit any
information related to its Award under the control of the Subrecipient or Third-Party Participant within books,
records, accounts, or other locations, and
(3) Otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements as set forth in the
applicable U.S. DOT Common Rules.
d. Access to the Sites of Performance. The Subrecipient agrees to permit, and to require its Third-Party Participants
to permit, FTA and CDOT to have access to the sites of performance of its Award, the accompanying Agreement,
and any Amendments thereto, and to make site visits as needed in compliance with State and the U.S. DOT
Common Rules.
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e. Closeout. Closeout of the Award does not alter the record retention or access requirements of this section of th e
Master Agreement.
3.G – Federal Changes
Application of Federal, State, and Local Laws, Regulations, Requirements, and Guidance .
The Subrecipient agrees to comply with all applicable federal requirements and federal guidance. All standards
or limits are minimum requirements when those standards or limits are included i n the Recipient’s Agreement or
this Master Agreement. At the time the FTA Authorized Official (CDOT) awards federal assistance to the
Subrecipient in support of the Agreement, the federal requirements and guidance that apply then may be modified
from time-to-time and will apply to the Subrecipient or the accompanying Agreement.
12 – Civil Rights
a. Nondiscrimination – Title VI of the Civil Rights Act. The Subrecipient agrees to, and assures that each Third-
Party Participant, will:
(1) Prohibit discrimination on the basis of race, color, or national origin,
(2) Comply with:
(a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq.,
(b) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part 21, and
(c) Federal transit law, specifically 49 U.S.C. § 5332 , and
(3) Follow:
(a) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal
Transit Administration Recipients,” to the extent consistent with applicable federal laws,
regulations, requirements, and guidance,
(b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3,
and
(c) All other applicable federal guidance that may be issued.
b. Equal Employment Opportunity.
(1) Federal Requirements and Guidance. The Subrecipient agrees to, and assures that each Third-Party
Participant will, prohibit, discrimination on the basis of race, color, religion, sex, sexual orientation,
gender identity, or national origin, and:
(a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.,
(b) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity”
September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends
or supersedes it in part and is applicable to federal assistance programs,
(c) Comply with federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this
Master Agreement,
(d) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines for
Federal Transit Administration Recipients,” and
(e) Follow other federal guidance pertaining to EEO laws, regulations, and requirements, and
prohibitions against discrimination on the basis of disability,
(2). Specifics. The Subrecipient agrees to, and assures that each Third-Party Participant will:
(a) Prohibited Discrimination. Ensure that applicants for employment are employed and employees are
treated during employment without discrimination on the basis of their race, color, religion, national
origin, disability, age, sexual orientation, gender identity, or status as a parent, as provided in
Executive Order No. 11246 and by any later Executive Order that amends or supersedes it, and as
specified by U.S. Department of Labor regulations,
(b) Affirmative Action. Take affirmative action that includes, but is not limited to:
1 Recruitment advertising, recruitme nt, and employment,
2 Rates of pay and other forms of compensation,
3 Selection for training, including apprenticeship, and upgrading, and
4 Transfers, demotions, layoffs, and terminations, but
(c) Indian Tribe. Recognize that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian
Tribes under the definition of “Employer,” and
(3) Equal Employment Opportunity Requirements for Construction Activities . Comply, when undertaking
“construction” as recognized by the U.S. Department of Labor (U.S. DOL), with:
(a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and
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(b) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September
24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or
supersedes it, referenced in 42 U.S.C. § 2000e note.
c. Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following federal
prohibitions against discrimination on the basis of disability:
(1) Federal laws, including:
(a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits
discrimination on the basis of disability in the administration of federally assisted Programs,
Projects, or activities,
(b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which
requires that accessible facilities and services be made available to individuals with disabilities:
1 For FTA Recipients generally, Titles I, II, and III of the ADA apply, but
2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not ap ply
because it exempts Indian Tribes from the definition of “employer,”
(c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that
buildings and public accommodations be accessible to individuals with disabilities,
(d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited
basis for discrimination, and
(e) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or
individuals with disabilities.
(2) Federal regulations and guidance, including:
(a) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49
C.F.R. part 37,
(b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs a nd Activities
Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. part 27,
(c) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S.
DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38,
(d) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49
C.F.R. part 39,
(e) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local
Government Services,” 28 C.F.R. part 35,
(f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations
and in Commercial Facilities,” 28 C.F.R. part 36,
(g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with
Disabilities Act,” 29 C.F.R. part 1630,
(h) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and
Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part 64, Subpart
F,
(i) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36
C.F.R. part 1194,
(j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609,
(k) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance,” and
(l) Other applicable federal civil rights and nondiscrimination regulations and guidance.
Incorporation of FTA Terms – 16.a.
a. Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees:
(1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations,
and requirements in effect now or later that affect its third party procurements,
(2) To comply with the applicable U.S. DOT Common Rules, and
(3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contracting
Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and
guidance.
Energy Conservation – 26.j
a. Energy Conservation. The Subrecipient agrees to, and assures that its Subrecipients, if any, will comply with the
mandatory energy standards and policies of its state energy conservation plans under the Energy Policy and
Conservation Act, as amended, 42 U.S.C. § 6321 et seq., and perform an energy assessment for any building
constructed, reconstructed, or modified with federal assistance required under FTA regulations, “Requirements
for Energy Assessments,” 49 C.F.R. part 622, subpart C.
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Contract Number: 21-HTR-ZL-00161/491002407 Page 36 of 45 Version 10/23/19
Applicable to Awards exceeding $10,000
Section 11. Right of the Federal Government to Terminate.
a. Justification. After providing written notice to the Subrecipient, the Subrecipient agrees that the Federal
Government may suspend, suspend then terminate, or terminate all or any part of the federal assistance for the
Award if:
(1) The Subrecipient has failed to make reasonable progress implementing the Award,
(2) The Federal Government determines that continuing to provide federal assistance to support the Award does
not adequately serve the purposes of the law authorizing the Award, or
(3) The Subrecipient has violated the terms of the Agreement, especially if that violation would endanger
substantial performance of the Agreement.
b. Financial Implications. In general, termination of federal assistance for the Award will not invalidate obligations
properly incurred before the termination date to the extent that the obligations cannot be canceled. The Federal
Government may recover the federal assistance it has provided for the Award, including the federal assistance for
obligations properly incurred before the termination date, if it determines that the Subrecipient has misused its
federal assistance by failing to make adequate progress, failing to make appr opriate use of the Project property,
or failing to comply with the Agreement, and require the Subrecipient to refund the entire amount or a lesser
amount, as the Federal Government may determine including obligations properly incurred before the terminatio n
date.
c. Expiration of the Period of Performance. Except for a Full Funding Grant Agreement, expiration of any period of
performance established for the Award does not, by itself, constitute an expiration or termination of the Award;
FTA may extend the period of performance to assure that each Formula Project or related activities and each
Project or related activities funded with “no year” funds can receive FTA assistance to the extent FTA deems
appropriate.
Applicable to Awards exceeding $25,000
From Section 4. Ethics.
a. Debarment and Suspension. The Subrecipient agrees to the following:
(1) It will comply with the following requirements of 2 C.F.R. part 180, subpart C, as adopted and
supplemented by U.S. DOT regulations at 2 C.F.R. part 1200.
(2) It will not enter into any arrangement to participate in the development or implementation of the
Underlying Agreement with any Third-Party Participant that is debarred or suspended except as
authorized by:
(a) U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200,
(b) U.S. OMB regulatory guidance, “Guidelines to Agencies on Government-wide Debarment and
Suspension (Nonprocurement),” 2 C.F.R. part 180, including any amendments thereto,
(c) Executive Orders No. 12549, “Uniform Suspension, Debarment, or Exclusion of Participants from
Procurement or Nonprocurement Activity,” October 13, 1994,” 31 U.S.C. § 6101 note, as amended
by Executive Order No. 12689, “Debarment and Suspension,” August 16, 1989 , 31 U.S.C. § 6101
note, and
(d) Other applicable federal laws, regulations, or guidance regarding participation with debarred or
suspended Subrecipients or Third-Party Participants.
(3) It will review the U.S. GSA “System for Award Management – Lists of Parties Excluded from Federal
Procurement and Nonprocurement Programs,” https://www.sam.gov, if required by U.S. DOT
regulations, 2 C.F.R. part 1200.
(4) It will include, and require each Third-Party Participant to include, a similar provision in each lower tier
covered transaction, ensuring that each lower tier Third Party Participant:
(a) Complies with federal debarment and suspension requirements, and
(b) Reviews the SAM at https://www.sam.gov, if necessary to comply with U.S. DOT regulations, 2
C.F.R. part 1200.
(5) If the Subrecipient suspends, debars, or takes any similar action against a Third-Party Participant or
individual, the Subrecipient will provide immediate written notice to the:
(a) FTA Regional Counsel for the Region in which the Subrecipient is located or implements the
Agreement,
(b) FTA Headquarters Manager that administers the Grant or Cooperative Agreement, or
(c) FTA Chief Counsel.
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Contract Number: 21-HTR-ZL-00161/491002407 Page 37 of 45 Version 10/23/19
Applicable to Awards exceeding the simplified acquisition threshold ($100,000-see Note)
Note: Applicable when tangible property or construction will be acquired
Section 15. Preference for United States Products and Services.
Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to comply with FTA’s
U.S. domestic preference requirements and follow federal guidance, including:
Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA regulations,
“Buy America Requirements,” 49 C.F.R. part 661, to the extent consistent with 49 U.S.C. § 5323(j).
Section 39. Disputes, Breaches, Defaults, or Other Litigation.
a. FTA Interest. FTA has a vested interest in the settlement of any violation of federal law, regulation, or
disagreement involving the Award, the accompanying Agreement, and any Amendments thereto including,
but not limited to, a default, breach, major dispute, or litigation, and FTA reserves the right to concur in any
settlement or compromise.
b. Notification to FTA. If a current or prospective legal matter that may affect the Federal Government emerges,
the Subrecipient must promptly notify the FTA Chief Counsel, or FTA Regional Counsel for the Region in
which the Subrecipient is located.
(1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach,
default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in
any forum for any reason.
(2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s
interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the
Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
(3) If the Subrecipient has credible evidence that a Principal, Official, Employee, Agent, or Third Party
Participant of the Subrecipient, or other person has submitted a false claim under the False Claims Act,
31 U.S.C. § 3729 et seq., or has committed a criminal or civil violation of law pertaining to such matters
as fraud, conflict of interest, bribery, gratuity, or similar misconduct involving federal assistance, the
Subrecipient must promptly notify the U.S. DOT Inspector General, in addition to the FTA Chief
Counsel or Regional Counsel for the Region in which the Subrecipient is loca ted.
c. Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of any
proceeds recovered from any third party, based on the percentage of the federal share for the Agreement.
Notwithstanding the preceding sentence, the Subrecipient may return all liquidated damages it receives to its
Award Budget for its Agreement rather than return the federal share of those liquidated damages to the
Federal Government, provided that the Subrecipient receives FTA’s prior written concurrence.
d. Enforcement. The Subrecipient must pursue its legal rights and remedies available under any third-party
agreement, or any federal, state, or local law or regulation.
Applicable to Awards exceeding $100,000 by Statute
From Section 4. Ethics.
a. Lobbying Restrictions. The Subrecipient agrees that neither it nor any Third-Party Participant will use federal
assistance to influence any officer or employee of a federal agency, member of Congress or an employee of a
member of Congress, or officer or employee of Congress on matters that involve the Agreement, including any
extension or modification, according to the following:
(1) Laws, Regulations, Requirements, and Guidance. This includes:
(a) The Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended,
(b) U.S. DOT regulations, “New Restrictions on Lobbying,” 49 C.F.R. part 20, to the extent consistent with
31 U.S.C. § 1352, as amended, and
(c) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use of federal
assistance for any activity concerning legislation or appropriations designed to influence the U.S.
Congress or a state legislature, and
(2) Exception. If permitted by applicable federal law, regulations, requirements, or guidance, such lobbying
activities described above may be undertaken through the Subrecipient’s or Subrecipient’s proper official
channels.
Section 26. Environmental Protections – Clean Air and Clean Water
Other Environmental Federal Laws. The Subrecipient agrees to comply or facilitate co mpliance and assures
that its Third Party Participants will comply or facilitate compliance with all applicable federal laws,
regulations, and requirements, and will follow applicable guidance, including, but not limited to, the Clean
Air Act, Clean Water Act, Wild and Scenic Rivers Act of 1968, Coastal Zone Management Act of 1972,
the Endangered Species Act of 1973, Magnuson Stevens Fishery Conservation and Management Act,
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Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compen sation, and
Liability Act, Executive Order No. 11990 relating to “Protection of Wetlands,” and Executive Order Nos.
11988 and 13690 relating to “Floodplain Management.”)
Applicable with the Transfer of Property or Persons
Section 15. Preference for United States Products and Services.
Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to comply with FTA’s
U.S. domestic preference requirements and follow federal guidance, including:
a. Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA
regulations, “Buy America Requirements,” 49 C.F.R. part 661, to the extent consistent with 49 U.S.C. §
5323(j),
b. Cargo Preference. Preference – Use of United States-Flag Vessels. The shipping requirements of 46 U.S.C.
§ 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 C.F.R.
part 381, and
c. Fly America. The air transportation requirements of Section 5 of the International Air Transportation Fair
Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and U.S. General Services
Administration (U.S. GSA) regulations, “Use of United States Flag Air Carriers,” 41 C.F.R. §§ 301 -10.131
– 301-10.143.
Applicable to Construction Activities
Section 24. Employee Protections.
a. Awards Involving Construction. The Subrecipient agrees to comply and assures that each Third-Party Participant
will comply with all federal laws, regulations, and requirements providing protections for construction employees
involved in each Project or related activities with federal assistance provided through the Agreement, including
the:
(1) Prevailing Wage Requirements of:
(a) Federal transit laws, specifically 49 U.S.C. § 5333(a), (FTA’s “Davis -Bacon Related Act”),
(b) The Davis-Bacon Act, 40 U.S.C. §§ 3141 – 3144, 3146, and 3147, and
(c) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstr uction
Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5.
(2) Wage and Hour Requirements of:
(a) Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and
other relevant parts of that Act, 40 U.S.C. § 3701 et seq., an
(b) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5.
(3) “Anti-Kickback” Prohibitions of:
(a) Section 1 of the Copeland “Anti-Kickback” Act, as amended, 18 U.S.C. § 874,
(b) Section 2 of the Copeland “Anti-Kickback” Act, as amended, 40 U.S.C. § 3145, and
(c) U.S. DOL regulations, “Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States,” 29 C.F.R. part 3.
(4) Construction Site Safety of:
(a) Section 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3704, and
other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and
(b) U.S. DOL regulations, “Recording and Reporting Occupational Injuries and Illnesses,” 29 C.F.R. part
1904; “Occupational Safety and Health Standards,” 29 C.F.R. part 1910; and “Safety and Health
Regulations for Construction,” 29 C.F.R. part 1926.
From Section 16
b. Bonding. The Subrecipient agrees to comply with the following bonding requirements and restrictions as provided
in federal regulations and guidance:
1 Construction. As provided in federal regulations and modified by FTA guidance, for each Project or related
activities implementing the Agreement that involve construction, it will provide bid guarantee bonds, contract
performance bonds, and payment bonds.
2 Activities Not Involving Construction. For each Project or related activities implementing the Agreement not
involving construction, the Subrecipient will not impose excessive bonding and will follow FTA guidance.
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From Section 23
c. Seismic Safety. The Subrecipient agrees to comply with the Earthquake Hazards Reduction Act of 1977, as
amended, 42 U.S.C. § 7701 et seq., and U.S. DOT regulations, “Seismic Safety,” 49 C.F.R. part 41, specific ally,
49 C.F.R. § 41.117.
Section 12 Civil Rights D.3
d. Equal Employment Opportunity Requirements for Construction Activities. Comply, when undertaking
“construction” as recognized by the U.S. Department of Labor (U.S. DOL), with:
a. U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor,” 41 C.F.R. chapter 60, and
b. Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965,
42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced
in 42 U.S.C. § 2000e note.
Applicable to Nonconstruction Activities
From Section 24. Employee Protections
a. Awards Not Involving Construction. The Subrecipient agrees to comply and assures that each Third Party
Participant will comply with all federal laws, regulations, and requirements providing wage and hour protections
for nonconstruction employees, including Section 102 of the Contract Work Hours and Safety Standards A ct, as
amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL
regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract
Work Hours and Safety Standards Act),” 29 C.F.R. part 5.
Applicable to Transit Operations
a. Public Transportation Employee Protective Arrangements . As a condition of award of federal assistance
appropriated or made available for FTA programs involving public transportation operations, the Subrecipient
agrees to comply and assures that each Third-Party Participant will comply with the following employee
protective arrangements of 49 U.S.C. § 5333(b):
(1) U.S. DOL Certification. When its Awarded, the accompanying Agreement, or any Amendments thereto
involve public transportation operations and are supported with federal assistance appropriated or made
available for 49 U.S.C. §§ 5307 – 5312, 5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, 5338(b),
or 5339, or former 49 U.S.C. §§ 5308, 5309, 5312, or other provisions of law as required by the Federal
Government, U.S. DOL must provide a certification of employee protective arrangements before FTA
may provide federal assistance for that Award. The Subrecipient agrees that the certification issued by
U.S. DOL is a condition of the Agreement and that the Subrecipient must comply with its terms and
conditions.
(2) Special Warranty. When its Agreement involves public transportation operations and is supported with
federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special
Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The
Subrecipient agrees that its U.S. DOL Special Warranty is a condition of the Agreement and the
Subrecipient must comply with its terms and conditions.
(3) Special Arrangements for Agreements for Federal Assistance Authorized under 49 U.S.C. § 5310. The
Subrecipient agrees, and assures that any Third Party Participant providing public transportation
operations will agree, that although pursuant to 49 U.S.C. § 5310, and former 49 U.S.C. §§ 5310 or 5317,
FTA has determined that it was not “necessary or appropriate” to apply the conditions of 49 U.S.C. §
5333(b) to any Subagreement participating in the program to provide public transportation for seniors
(elderly individuals) and individuals with disabilities, FTA reserves the right to make case-by- case
determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under
title 23, United States Code (flex funds), and make other exceptions as it deems appropriate.
Section 28. Charter Service.
a. Prohibitions. The Recipient agrees that neither it nor any Third -Party Participant involved in the Award will
engage in charter service, except as permitted under federal transit laws, specifically 49 U.S.C. § 5323(d), (g),
and (r), FTA regulations, “Charter Service,” 49 C.F.R. part 604, any other Federal Charter Service regulations,
federal requirements, or federal guidance.
b. Exceptions. Apart from exceptions to the Charter Service restrictions in FTA’s Charter Service regulations, FTA
has established the following additional exceptions to those restrictions:
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(1) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with federal assistance
appropriated or made available for 49 U.S.C. § 5307 to support a Job Access and Reverse Commute (JARC)-
type Project or related activities that would have been eligible for assistance under repealed 49 U.S.C. § 5316
in effect in Fiscal Year 2012 or a previous fiscal year, provided that the Subrecipient uses that federal
assistance for FTA program purposes only, and
(2) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with the federal
assistance appropriated or made available for 49 U.S.C. § 5310 to support a New Freedom -type Project or
related activities that would have been eligible for federal assistance under repealed 49 U.S.C. § 5317 in
effect in Fiscal Year 2012 or a previous fiscal year, provided the Subrecipient uses that federal assistance for
program purposes only.
c. Violations. If it or any Third Party Participant engages in a pattern of violations of FTA’s Charter Service
regulations, FTA may require corrective measures and remedies, including withholding an amount of federal
assistance as provided in FTA’s Charter Service regulations, 49 C.F.R. part 604, appendix D, or barring it or the
Third Party Participant from receiving federal assistance provided in 49 U.S.C. chapter 53, 23 U.S.C. § 133, or
23 U.S.C. § 142.
Section 29. School Bus Operations.
a. Prohibitions. The Subrecipient agrees that neither it nor any Third Party Participant that is participating in its
Award will engage in school bus operations exclusively for the transportation of students or school personnel in
competition with private school bus operators, except as permitted by federal transit laws, 49 U.S.C. § 5323(f) or
(g), FTA regulations, “School Bus Operations,” 49 C.F.R. part 605, and any other applicable federal “School Bus
Operations” laws, regulations, federal requirements, or applicable federal guidance.
b. Violations. If a Subrecipient or any Third-Party Participant has operated school bus service in violation of FTA’s
School Bus laws, regulations, or requirements, FTA may require the Subrecipient or Third Party Participant to
take such remedial measures as FTA considers appropriate, or bar the Subrecipient or Third Party Participant
from receiving federal transit assistance.
From Section 35 Substance Abuse
c. Alcohol Misuse and Prohibited Drug Use.
(1) Requirements. The Subrecipient agrees to comply and assures that its Third-Party Participants will comply
with:
(a) Federal transit laws, specifically 49 U.S.C. § 5331,
(b) FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49
C.F.R. part 655, and
(c) Applicable provisions of U.S. DOT regulations, “Procedures for Transportation Workplace Drug and
Alcohol Testing Programs,” 49 C.F.R. part 40.
(2) Remedies for Non-Compliance. The Subrecipient agrees that if FTA determines that the Subrecipient or a
Third-Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49
C.F.R. part 655, the Federal Transit Administrator may bar that Subrecipient or Third Party Participant from
receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive.
Applicable to Planning, Research, Development, and Documentation Projects
Section 17. Patent Rights.
a. General. The Subrecipient agrees that:
(1) Depending on the nature of the Agreement, the Federal Government may acquire patent rights when the
Subrecipient or Third-Party Participant produces a patented or patentable invention, improvement, or
discovery;
(2) The Federal Government’s rights arise when the patent or patentable information is conceived or reduced to
practice with federal assistance provided through the Agreement; or
(3) When a patent is issued or patented information becomes available as described in the preceding section
17.a.(2) of this Master Agreement (FTA MA(23)), the Subrecipient will notify FTA immediately and provide
a detailed report satisfactory to FTA.
b. Federal Rights. The Subrecipient agrees that:
(1) Its rights and responsibilities, and each Third-Party Participant’s rights and responsibilities, in that federally
assisted invention, improvement, or discovery will be determined as provided in applicable federal laws,
regulations, requirements, and guidance, including any waiver thereof, and
(2) Unless the Federal Government determines otherwise in writing, irrespective of its status or the status of any
Third Party Participant as a large business, small business, state government, state instrumentality, local
government, Indian tribe, nonprofit organization, institution of higher education, or individual, the
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Subrecipient will transmit the Federal Government’s patent rights to FTA, as specified in 35 U.S.C. § 200 et
seq., and U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 C.F.R.
part 401.
c. License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient agrees
that license fees and royalties for patents, patent applications, and inventions produced with federal assistance
provided through the Agreement are program income and must be used in compliance with applicable federal
requirements.
Section 18. Rights in Data and Copyrights.
a. Definition of “Subject Data.” As used in this section, “subject data” means recorded information whether or not
copyrighted, and that is delivered or specified to be delivered as required by the Agreement. Examples of “subject
data” include, but are not limited to computer software, standards, specifications, engineering drawings and
associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information,
but do not include financial reports, cost analyses, or other similar information used for performance or
administration of the Agreement.
b. General Federal Restrictions. The following restrictions apply to all subject data first produced in the performance
of the Agreement:
(1) Prohibitions. The Subrecipient may not publish or reproduce any subject data, in whole, in part, or in any
manner or form, or permit others to do so.
(2) Exceptions. The prohibitions do not apply to publications or reproductions for the Subrecipient’s own internal
use, an institution of higher learning, the portion of subject data that the Federal Government has previously
released or approved for release to the public, or the portion of data that has the Federal Government’s prior
written consent for release.
c. Federal Rights in Data and Copyrights. The Subrecipient agrees that:
(1) General. It must provide a license to its “subject data” to the Federal Government that is royalty -free, non-
exclusive, and irrevocable. The Federal Government’s license must permit the Federal Government to
reproduce, publish, or otherwise use the subject data or permit other entities or individuals to use the subject
data provided those actions are taken for Federal Government purposes, and
(2) U.S. DOT Public Access Plan – Copyright License. The Subrecipient grants to U.S. DOT a worldwide, non-
exclusive, non-transferable, paid-up, royalty-free copyright license, including all rights under copyright, to
any and all Publications and Digital Data Sets as such terms are defined in the U.S. DOT Public Access plan,
resulting from scientific research funded either fully or partially by this funding agreement. The Subrecipient
herein acknowledges that the above copyright license grant is first in time to any and all other grants of a
copyright license to such Publications and/or Digital Data Sets, and that U.S. DOT shall have priority over
any other claim of exclusive copyright to the same.
d. Special Federal Rights in Data for Research, Development, Demonstration, Deployment, Technical Assistance,
and Special Studies Programs. In general, FTA’s purpose in providing federal assistance for a research,
development, demonstration, deployment, technical assistance, or special studies program is to increase
transportation knowledge, rather than limit the benefits of the Award to the Subr ecipient and its Third-Party
Participants. Therefore, the Subrecipient agrees that:
(1) Publicly Available Report. When an Award providing federal assistance for any of the programs described
above is completed, it must provide a report of the Agreement that FTA may publish or make available for
publication on the Internet.
(2) Other Reports. It must provide other reports related to the Award that FTA may request.
(3) Availability of Subject Data. FTA may make available its copyright license to the subject data, and a copy
of the subject data to any FTA Recipient or any Third -Party Participant at any tier, except as the Federal
Government determines otherwise in writing.
(4) Identification of Information. It must identify clearly any specific confidential, p rivileged, or proprietary
information submitted to FTA.
(5) Incomplete. If the Award is not completed for any reason whatsoever, all data developed with federal
assistance for the Award becomes “subject data” and must be delivered as the Federal Government may
direct.
(6) Exception. This section does not apply to an adaptation of any automatic data processing equipment or
program that is both for the Subrecipient’s use and acquired with FTA capital program assistance.
e. License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient agrees
that license fees and royalties for patents, patent applications, and inventions produced with federal assistance
provided through the Agreement are program income and must be used in co mpliance with federal applicable
requirements.
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f. Hold Harmless. Upon request by the Federal Government, the Subrecipient agrees that if it intentionally violates
any proprietary rights, copyrights, or right of privacy, and if its violation under the prece ding section occurs from
any of the publication, translation, reproduction, delivery, use or disposition of subject data, then it will indemnify,
save, and hold harmless against any liability, including costs and expenses of the Federal Government’s officers,
employees, and agents acting within the scope of their official duties. The Subrecipient will not be required to
indemnify the Federal Government for any liability described in the preceding sentence, if the violation is caused
by the wrongful acts of federal officers, employees or agents, or if indemnification is prohibited or limited by
applicable state law.
g. Restrictions on Access to Patent Rights. Nothing in this section of this Master Agreement (FTA MA(23))
pertaining to rights in data either implies a license to the Federal Government under any patent, or may be
construed to affect the scope of any license or other right otherwise granted to the Federal Government under any
patent.
h. Data Developed Without Federal Assistance or Support. The Subrecipient agrees that in certain circumstances it
may need to provide to FTA data developed without any federal assistance or support. Nevertheless, this section
generally does not apply to data developed without federal assistance, even though that data may have been used
in connection with the Award. The Subrecipient agrees that the Federal Government will not be able to protect
data developed without federal assistance from unauthorized disclosure unless that data is clearly marked
“Proprietary,” or “Confidential.”
i. Requirements to Release Data. The Subrecipient understands and agrees that the Federal Government may be
required to release data and information the Subrecipient submits to the Federal Government as required under:
(1). The Freedom of Information Act (FOIA), 5 U.S.C. § 552,
(2) The U.S. DOT Common Rules,
(3) U.S. DOT Public Access Plan, which provides that the Subrecipient agrees to satisfy the reporting and
compliance requirements as set forth in the U.S. DOT Public Access plan, including, but not limited to, the
submission and approval of a Data Management Plan, the use of Open Researcher and Contributor ID
(ORCID) numbers, the creation and maintenance of a Research Project record in the Transportation Research
Board’s (TRB) Research in Progress (RiP) database, and the timely and complete submission of all required
publications and associated digital data sets as such terms are defined in the DOT Public Access plan.
Additional information about how to comply with the requirements can be found at:
http://ntl.bts.gov/publicaccess/howtocomply.html, or
(4) Other federal laws, regulations, requirements, and guidance concerning access to records pertaining to the
Award, the accompanying Agreement, and any Amendments thereto.
Miscellaneous Special Requirements
From Section 12. Civil Rights.
a. Disadvantaged Business Enterprise (and Prompt Payment and Return of Retainage). To the extent authorized by
applicable federal laws, regulations, or requirements, the Subrecipient agrees to facilitate, and assures that each
Third-Party Participant will facilitate, participation by small business concerns owned and controlled by socially
and economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs),
in the Agreement as follows:
(1) Statutory and Regulatory Requirements. The Subrecipient agrees to comply with:
(a) Section 1101(b) of the FAST Act, 23 U.S.C. § 101 note,
(b) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and
(c) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement
(FTA MA(23)).
(2) DBE Program Requirements. A Subrecipient that receives planni ng, capital and/or operating assistance and
that will award prime third-party contracts exceeding $250,000 the requirements of 49 C.F.R. part 26.
(3) Special Requirements for a Transit Vehicle Manufacturer (TVM). The Subrecipient agrees that:
(a) TVM Certification. Each TVM, as a condition of being authorized to bid or propose on FTA-assisted
transit vehicle procurements, must certify that it has complied with the requirements of 49 C.F.R. part
26, and
(b) Reporting TVM Awards. Within 30 days of any third -party contract award for a vehicle purchase, the
Subrecipient must submit to FTA the name of the TVM contractor and the total dollar value of the third
party contract, and notify FTA that this information has been attached to FTA’s electronic award
management system. The Subrecipient must also submit additional notifications if options are exercised
in subsequent years to ensure that the TVM is still in good standing.
(4) Assurance. As required by 49 C.F.R. § 26.13(a):
(a) Recipient Assurance. The Subrecipient agrees and assures that:
DocuSign Envelope ID: B28FE601-CD33-4688-AE6A-929D6ABCD733
ATTACHMENT A: State Grant Contract
Contract Number: 21-HTR-ZL-00161/491002407 Page 43 of 45 Version 10/23/19
1 It must not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any FTA or U.S. DOT-assisted contract, or in the administration of its DBE program
or the requirements of 49 C.F.R. part 26,
2 It must take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination
in the award and administration of U.S. DOT assisted contracts,
3 Its DBE program, as required under 49 C.F.R. part 26 and as approved by U.S. DOT, is incorporated
by reference and made part of the Underlying Agreement, and
4 Implementation of its DBE program approved by U.S. DOT is a legal obligation and failure to carry
out its terms shall be treated as a violation of the Master Agreement (FTA MA(23)).
(b) Subrecipient/Third Party Contractor/Third Party Subcontractor Assurance. The Subrecipient agrees and
assures that it will include the following assurance in each subagreement and third-party contract it signs
with a Subrecipient or Third-Party Contractor and agrees to obtain the agreement of each of its
Subrecipients, Third Party Contractors, and Third Party Subcontractors to include the following
assurance in every subagreement and third party contract it signs:
1 The Subrecipient, each Third-Party Contractor, and each Third-Party Subcontractor must not
discriminate on the basis of race, color, national origin, or sex in the award and performance of any
FTA or U.S. DOT-assisted subagreement, third party contract, and third party subcontract, as
applicable, and the administration of its DBE program or the requirements of 49 C.F.R. part 26,
2 The Subrecipient, each Third-Party Contractor, and each Third-Party Subcontractor must take all
necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award
and administration of U.S. DOT-assisted subagreements, third party contracts, and third party
subcontracts, as applicable,
3 Failure by the Subrecipient and any of its Third Party Contractors or Third Party Subcontractors to
carry out the requirements of subparagraph 12.e(4)(b) (of FTA MA(23)) is a material breach of their
subagreement, third party contract, or third party subcontract, as applicable, and
4 The following remedies, or such other remedy as the Subrecipient deems appropriate, include, but
are not limited to, withholding monthly progress payments; assessing sanctions; liquidated damages;
and/or disqualifying the Subrecipient, Third Party Contractor, or Third -Party Subcontractor from
future bidding as non-responsible.
(5) Remedies. Upon notification to the Subrecipient of its failure to carry out its approved program, FTA or U.S.
DOT may impose sanctions as provided for under 49 C.F.R. part 26, and, in appropriate cases, refer the
matter for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil Remedies Act
of 1986, 31 U.S.C. § 3801 et seq.
From Section 12. Civil Rights.
b. Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following federa l
prohibitions against discrimination on the basis of disability:
(1) Federal laws, including:
(a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits
discrimination on the basis of disability in the administration o f federally assisted Programs,
Projects, or activities,
(b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which
requires that accessible facilities and services be made available to individuals with disabilities:
1 For FTA Recipients generally, Titles I, II, and III of the ADA apply, but
2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply
because it exempts Indian Tribes from the definition of “employer,”
(c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that
buildings and public accommodations be accessible to individuals with disabilities,
(d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited
basis for discrimination, and
(e) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or
individuals with disabilities.
(2) Federal regulations and guidance, including:
(a) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R.
part 37,
(b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. part 27,
(c) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S.
DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38,
DocuSign Envelope ID: B28FE601-CD33-4688-AE6A-929D6ABCD733
ATTACHMENT A: State Grant Contract
Contract Number: 21-HTR-ZL-00161/491002407 Page 44 of 45 Version 10/23/19
(d) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49
C.F.R. part 39,
(e) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government
Services,” 28 C.F.R. part 35,
(f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations
and in Commercial Facilities,” 28 C.F.R. part 36,
(g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with
Disabilities Act,” 29 C.F.R. part 1630,
(h) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and
Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part 64, Subpart F,
(i) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36
C.F.R. part 1194,
(j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609,
(k) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance,” and
(l) Other applicable federal civil rights and nondiscrimination regulations and guidance .
Section 16. Procurement. For Assignability
a. Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees:
(1 To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations, and
requirements in effect now or later that affect its third-party procurements,
(2) To comply with the applicable U.S. DOT Common Rules, and
(3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contracting
Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance.
State Requirements
Section 37. Special Notification Requirements for States.
a. Types of Information. To the extent required under federal law, the State, agrees to provide the following
information about federal assistance awarded for its State Program, Project, or related activities:
(1) The Identification of FTA as the federal agency providing the federal assistance for a State Program or
Project,
(2) The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for a
State Program or Project is authorized, and
(3) The amount of federal assistance FTA has provided for a State Program or Project.
b. Documents. The State agrees to provide the information required under this provision in the following documents:
(1) applications for federal assistance, (2) requests for proposals, or solicitations, (3) forms, (4) notifications, (5)
press releases, and (6) other publications..
DocuSign Envelope ID: B28FE601-CD33-4688-AE6A-929D6ABCD733
ATTACHMENT A: State Grant Contract
Contract Number: 21-HTR-ZL-00161/491002407 Page 45 of 45 Version 10/23/19
EXHIBIT E, VERIFICATION OF PAYMENT
This checklist is to assist the Subrecipient in preparation of its billing packets to State. This checklist
is provided as guidance and is subject to change by State. State shall provide notice of any such
changes to Subrecipient. All items may not apply to your particular entity. State’s goal is to
reimburse Subrecipients as quickly as possible and a well organized and complete billing packet
helps to expedite payment.
Verification of Payment –
General Ledger Report must have the following:
Identify check number or EFT number;
If no check number is available, submit Accounts Payable Distribution report with the
General Ledger;
In-Kind (must be pre-approved by State) and/or cash match;
Date of the report;
Accounting period;
Current period transactions; and
Account coding for all incurred expenditures.
If no General Ledger Report, all of the following are acceptable :
copies of checks;
check registers; and
paycheck stub showing payment number, the amount paid, the check number or
electronic funds transfer (EFT), and the date paid.
State needs to ensure that expenditures incurred by the local agencies have been paid by
Party before State is invoiced by Party.
Payment amounts should match the amount requested on the reimbursement. Additional
explanation and documentation is required for any variances.
In-Kind or Cash Match – If an entity wishes to use these types of match, they must be
approved by State prior to any Work taking place.
If in-kind or cash match is being used for the Local Match, the in-kind or cash match
portion of the project must be included in the project application and the statement of work
attached to the Agreement or purchase order. FTA does not require pre-approval of in-kind
or cash match, but State does.
General ledger must also show the in-kind and/or cash match.
Indirect costs – If an entity wishes to use indirect costs, the rate must be approv ed by State
prior to applying it to the reimbursements.
If indirect costs are being requested, an approved indirect letter from State or your
cognizant agency for indirect costs, as defined in 2 CCR §200. 19, must be provided. The
letter must state what indirect costs are allowed, the approved rate and the time period for
the approval. The indirect cost plan must be reconciled annually and an updated letter
submitted each year thereafter.
Fringe Benefits- Considered part of the Indirect Cost Rate a nd must be reviewed and
approved prior to including these costs in the reimbursements.
Submit an approval letter from the cognizant agency for indirect costs, as defined in 2 CCR
§200. 19, that verifies fringe benefit, or
Submit the following fringe benefit rate proposal package to State Audit Division:
Copy of Financial Statement;
Personnel Cost Worksheet;
State of Employee Benefits; and
Cost Policy Statement.
DocuSign Envelope ID: B28FE601-CD33-4688-AE6A-929D6ABCD733
ATTACHMENT A: State Grant Contract
PROTERRA FORM SALE CONTRACT
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
TOWN OF AVON
AND
PROTERRA INC
Contract No.: PA-2021-001-AVON
Purchase and Sale of Two (2) 35-Foot Battery
Electric Buses and Three (3) Associated
Charging Stations
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
2
This Contract Agreement (hereinafter referred to as “Contract” or “Agreement”) is made and
entered into effective as of the date executed in full (“Effective Date”) by Town of Avon, a home
rule municipality and political subdivision of the State of Colorado, and Proterra Inc, a Delaware
corporation, with its principal place of business 1815 Rollins Road, Burlingame, CA 94010
(“Contractor”) for the manufacture and delivery of Two (2) 35-Foot Proterra Battery Electric Buses
(hereinafter “Buses”), and Three (3) Plug-In Charging Station(s) (hereinafter “Plug-In Charging
Stations”). Town of Avon and the Contractor are sometimes individually referred to as “Party” and
collectively as “Parties.”
SEC. 1 CONTRACT DOCUMENTS
A. The Contract consists of the following which are incorporated herein by reference as
appropriate:
1. General Contractual Provisions contained herein.
2. Option Tracker and Configuration Templates set forth as Attachment 1 hereto
3. Bus Technical Specifications set forth as Attachment 2 hereto.
4. Charging Station Technical Specifications set forth as Attachment 3 hereto.
5. Warranty Provisions as set forth as Attachment 4 hereto.
B. In case of any conflict among these documents where the Parties' intended resolution is
not clear, the order of precedence shall be in the same order set forth in paragraph A above.
SEC. 2 TERM OF CONTRACT
Subject to annual appropriation, Town of Avon and the Contractor agree that the Term of this
Contract shall be for five (5) years commencing on the later of the Effective Date or the date of
the Notice to Proceed (as defined below) unless otherwise extended by written amendment
mutually agreed by Town of Avon and Contractor. Notwithstanding the foregoing, or anything to
the contrary contained herein, in no event shall the Effective Date be deemed to have occurred,
and none of the obligations of Town of Avon or Contractor under this Contract shall be deemed
to have accrued, until Town of Avon has issued to Contractor a written notice to proceed under
this Contract (“Notice to Proceed”).
SEC. 3 PAYMENT
A. Town of Avon shall pay and the Contractor shall accept:
1. Eight Hundred Forty-Eight Thousand Seven Hundred and Seventy-Three Dollars
($848,773.00) per Bus (“Bus Unit Price”), for a total of One Million Six Hundred Ninety-
Seven Thousand Five Hundred and Forty-Six Dollars ($1,697,546.00) for all Two (2)
Buses initially purchased under this Agreement;
2. Thirty-Five Thousand Five Hundred & Fifty Dollars ($35,550.00) per Plug-In Charging
Station (“Plug-In Charging Unit Price”) for a total of One Hundred Six Thousand Six
Hundred & Fifty Dollars ($106,650.00) for the Three (3) Charging Stations consisting
of three (3) Star-Point Junction Boxes & (3) Dispensers initially purchased under this
Agreement;
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
3
3. Eighty-Nine Thousand Five Hundred & Twenty Dollars ($89,520.00) (“Plug-In
Charging Installation Price”) for the Three (3) Charging Stations initially purchased
under this Agreement;
4. Six Thousand Five Hundred & Twelve Dollars ($6,512.00) for the Proterra Diagnostic
Software License initially purchased under this Agreement;
5. Fifty Thousand & Seven Dollars ($50,007.00) for the Spare Parts initially purchased
under this Agreement;
for a total contract price of One Million Nine Hundred Fitty Thousand Two Hundred & Thirty-Five
Dollars ($1,930,235.00) BUT SPECIFICALLY EXCLUDING SALES TAX (“Contract Price”). It is
understood and agreed by Town of Avon and the Contractor that Contractor will be responsible
for the collection (as an addition to the aforementioned total contract price) and remittance of
sales tax, unless Town of Avon provides exemption or similar documentation.
B. The Parties agree that the Contractor will submit an invoice to Town of Avon for payment
of Contract Price, and Town of Avon will make payments of Contract Price, on the following
schedule:
1. Bus Payments: Town of Avon shall make progress payments on a per-Bus basis in
accordance with the below provisions:
a. 25% payment of the Bus Unit Price when Bus enters the production line.
b. 25% payment of the Bus Unit Price when batteries are installed in a Bus.
c. 25% payment of the Bus Unit Price when Bus is accepted by Town of Avon at
Contractor’s facility in accordance with the provisions of this Contract.
d. 25% payment of the Bus Unit Price when Bus is delivered and accepted by Town
of Avon at Town of Avon’s facility in accordance with the provisions of this Contract.
2. Plug-In Charging Station Payments: Town of Avon shall make progress payments on
a per-Charging Station basis in accordance with the below provisions:
a. 25% payment of the Plug-In Charging Station Unit Price and the Plug-In Charging
Station Installation Price when site plans and preparation for a Plug-In Charging
Station are substantially completed as reasonably determined by Contractor.
b. 50% payment of the Plug-In Charging Station Unit Price and the Plug-In Charging
Station Installation Price when a Plug-In Charging Station is delivered and
commissioned.
c. 25% payment of the Plug-In Charging Station Unit Price and the Plug-In Charging
Station Installation Price when a Charging Station is accepted by Town of Avon in
accordance with the provisions of this Contract; and
3. Proterra Charger Installation Payment. Town of Avon agrees that it will make payment
for the Proterra Charger Installation with respect to a particular Charging Station upon
receiving an invoice from Contractor.
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
4
4. Payment for Proterra Extended Charger Warranty Coverage. Town of Avon agrees
that it will make payment for the Proterra Extended Charger Warranty with respect to
a particular Charging Station upon receiving an invoice from Contractor.
5. Unless otherwise set forth herein, Town of Avon shall make all payments to Contractor
no later than fifteen (15) calendar days of receipt of an invoice from Contractor.
C. All payments due under this Contract in excess of Twenty-Five Thousand Dollars
($25,000) shall be made by wire unless otherwise mutually agreed in writing to Proterra Inc
pursuant to the following wiring instructions:
Bank of America Merrill Lynch
ABA Number: 1210-0035-8
Beneficiary Account Number: 1416800802
Beneficiary Address: 1815 Rollins Road, Burlingame, CA 94010
D. Town of Avon shall be charged and shall make payments for spare parts and/or equipment
at the unit prices itemized in the price schedule to be delivered by Contractor within fifteen (15)
calendar days after the delivery and acceptance of said spare parts and/or equipment and receipt
of a proper invoice. Town of Avon shall also be responsible for and pay any sales tax associated
with the purchase of any such spare parts and/or equipment.
E. The Contractor may charge interest for late payment if payment is delayed after the
payment due dates set forth in this Section 3. Interest will be charged at a rate not to exceed the
prime rate of interest published by The Wall Street Journal plus 3% commencing with the date
such payment was due.
F. Unless otherwise provided in this Contract, the Contractor shall pay all federal, state and
local taxes, and duties applicable to and assessable against any work, goods, services, processes
and operations incidental to or involved in the Contract, excluding sales taxes associated with the
sale of the items set forth herein to Town of Avon (i.e., for the avoidance of doubt, Town of Avon
shall pay any and all sales taxes associated with or resulting from purchases pursuant to this
Contract).
SEC. 4 OPTIONS
Intentionally left blank.
SEC. 5 ADDITIONAL EQUIPMENT, SERVICES AND DELIVERABLES
The Parties recognize that additional services and equipment are necessary for Town of
Avon to fully implement the Buses and Charging Stations supplied by the Contractor under the
terms of this Agreement, which are set forth below as either being included in or excluded from
the Contract Price.
Included in the Contract Price:
1. Driver, Maintenance and Repair and Parts Manuals, in quantities/formatting provided
pursuant to Section 14 herein
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
5
Additional Charge/Not Included in the Contract Price:
1. Diagnostic laptop, software and tools (if NOT selected on the Option Tracker)
Contractor to provide list and charges of tools)
2. Training beyond that agreed in Section 14 of this Contract (if NOT selected on the
Option Tracker)
3. Printed documentation beyond that agreed in/supplied pursuant to Section 14 in this
Contract (if NOT Selected on the Option Tracker)
4. Civil Design, Installation and Management of Charging Stations except as set forth on
Attachment 4
5. Additional Driver, Maintenance and Repair and Parts Manuals not provided pursuant
to Section 14 herein
If Town of Avon has not purchased spare parts through Proterra, Contractor has attached to this
Contract a Recommended Spare Parts Package to be purchased and maintained at Town of
Avon’s chosen location, which shall have ample storage room to stock the spare parts, for Bus
and OH Charging Station repair and maintenance.
SEC. 6 PRE-PRODUCTION MEETING
A. A formal pre-production meeting shall be held to review the technical specifications and
related Contract provisions and to discuss actual and potential open items.
B. The Contractor and Town of Avon agree that the pre-production meeting will be held at
either Town of Avon’s chosen location or Contractor’s facility, as mutually determined between
Town of Avon and Contractor. Contractor shall provide a formal production schedule at this
meeting which, upon mutual acceptance by the Parties, shall be automatically incorporated by
reference into this Agreement. The Parties shall make commercially reasonable efforts to
resolve all the issues/questions raised at this pre-production meeting within six (6) weeks after
the date of the meeting. During the pre-production meeting, the Parties shall address the
schedule for development regarding the Charging Station Installation.
SEC. 7 FINAL BUS DESIGN
In the course of bus design and production, Contractor shall request bus option and design input
from Town of Avon. Town of Avon shall give input on bus option and design within a reasonable
timeframe. Contractor and Town of Avon shall both agree on final bus option and design package.
After agreeing on final bus option and design, Contractor’s Engineering Department will design
bus to required specifications. Town of Avon shall review design and once satisfied, approve
“Final Bus Design”. Contractor commits to build bus to Final Bus Design and specifications. Town
of Avon commits to accept buses built to Final Bus Design. If Town of Avon, after agreeing to final
bus design, makes material changes to final bus design, Town of Avon acknowledges that
Proterra, in its sole discretion, retains recourse to pursue any of the following actions, as described
below, in the “Late Changes” Clause. Contractor shall solely determine whether changes are
“material.” Additionally, Town of Avon agrees to inspect buses with solely the “Final Bus Design”
as the standard for inspection.
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
6
“Final Bus Design” is comprised of Proterra’s Option Tracker & Configuration Templates
(ATTACHMENT 1), and Town of Avon’s Technical Specification (if any such specification exists;
ATTACHMENT 2). Any changes to Town of Avon’s Technical Specification, agreed to by both
parties and incorporated into the “Final Bus Design,” shall supersede the Technical Specification.
SEC. 8 BUS DELIVERY SCHEDULE AND ACCEPTANCE PROCEDURES
A. Delivery of Buses shall be determined by signed receipt of Town of Avon's designated
agent(s), at point of delivery and may be preceded by a cursory inspection of the Bus. Delivery
location for the Buses is 500 Swift Gulch Road, Avon, CO 81620. [The delivery of the Bus
shall be FOB at Contractor’s plant identified in Section 18.C below.]
B. Following delivery by Town of Avon to Contractor of a written Notice to Proceed under this
Contract for Buses, Contractor agrees to deliver the Buses pursuant to the schedule agreed upon
between Contractor and Town of Avon in the pre-production meeting, or as otherwise agreed to
by the Parties.
C. Hours of delivery shall be according to a mutually agreed upon schedule.
D. Prior to Town of Avon’s final acceptance of each Bus, each Bus shall undergo Town of
Avon’s reasonable tests prior to Town of Avon’s final acceptance of each Bus. Each Bus will be
deemed accepted by Town of Avon only when the Contractor has complied in all material respects
with the ”Final Bus Design” set forth in Proterra’s Option Tracker & Configuration Templates
(ATTACHMENT 1), and Town of Avon’s Technical Specification (if any such specification exists;
ATTACHMENT 2) of this Agreement. Acceptance will not be completed until the Contractor has
made all reasonably requested repairs to the Bus in accordance with Section 12 of this Contract.
Town of Avon agrees and acknowledges that it must make its determination on acceptance or
non-acceptance no later than twelve (12) calendar days following receipt of each Bus under this
Contract or the Bus shall be deemed accepted, and that in the event of any non-acceptance,
Town of Avon shall provide Contractor a reasonably detailed description of the reasons for non-
acceptance. Town of Avon shall not be able to reject or not accept a Bus after such twelve (12)
calendar day period. Notwithstanding the foregoing, placement of any non-accepted Bus into
service shall, notwithstanding anything to the contrary in this Agreement, be deemed acceptance
of such Bus.
E. The Contractor’s pre-delivery tests and inspections of all Buses shall be performed at or
near the Contractor’s plant/facility, and they shall be witnessed by Town of Avon’s inspector(s).
Any such tests and inspections performed at or near Contractor’s plant/facility shall be made using
the same criteria as set forth above in Subsection (D), and if Town of Avon inspects and accepts
a Bus at or near Contractor’s plant/facility, and such Bus has not materially changed when it has
been delivered and received by Town of Avon as compared to when such Bus was inspected and
accepted at or near Contractor’s plant/facility, then Town of Avon shall not and may not then reject
such delivered and received Bus. No post-delivery test/inspection shall apply criteria that are
different from the criteria applied in any pre-delivery test/inspection.
SEC. 9 CHARGING STATION DELIVERY SCHEDULE AND ACCEPTANCE
PROCEDURES
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
7
A. Delivery of the Charging Station shall be determined by signed receipt of Town of Avon's
designated agent(s), at point of delivery, unless directed to another location as directed by Town
of Avon. Delivery locations will be provided by Town of Avon prior to production. Charging Station
delivery shall be made FOB at 500 Swift Gulch Road, Avon, CO 81620.
B. The Contractor agrees to deliver the Charging Station no later than fifteen (15) days prior
to delivery of the first Bus under this Contract.
C. Hours of delivery shall be between 8:30 AM through 5:30 PM local time, Monday through
Friday except holidays.
D. Each Charging Station will be deemed accepted by Town of Avon only when the
Contractor has commissioned the Charging Station and demonstrated that it works to charge the
Proterra Catalyst Buses. Acceptance will not be completed until the Contractor has made all
reasonably requested repairs to the Charging Station in accordance with Section 12 of this
Contract. Town of Avon agrees and acknowledges that it must make its determination on
acceptance or non-acceptance no later than twelve (12) calendar days following receipt of and
installation of the Charging Station or the Charging Station shall be deemed accepted, and that
in the event of any non-acceptance, Town of Avon shall provide Contractor a reasonably detailed
description of the reasons for non-acceptance. Town of Avon shall not be able to reject or not
accept a Charging Station after such twelve (12) calendar day period.
If Proterra has agreed to a Turn-Key (TK) charging solution:
If completion or functionality of the charger portion of the project is delayed, whereas Proterra has
accepted responsibility for charger installation, but Town of Avon otherwise finds the Bus or
Buses themselves acceptable in accordance with the terms and requirements herein, a holdback
of 10% of the total contract price for the Bus or Buses may be applied until the chargers are
installed and functional in accordance in all material respects with [ATTACHMENT 3]. Town of
Avon shall promptly pay such 10% holdback once the chargers are installed and functional in
accordance in all material respects with [ATTACHMENT 3].
If Proterra has agreed to a Technical Assistance (TA) charging solution:
Whereas Town of Avon accepts responsibility for charger installation and, if, through no fault of
Proterra, charger installation or functionality is delayed, Town of Avon agrees to accept the Bus
or Buses that meet final bus design specifications in accordance with the terms and requirements
herein, even if the charge installation is not yet functional or is delayed.
SEC. 10 END OF LIFE BATTERY REPLACEMENT
Intentionally left blank.
SEC. 11 TITLE
The Contractor shall provide reasonably adequate documents for registering the Bus in the State
of Colorado to Town of Avon at the time of delivery. Risk of loss on any Bus or OH Charging
Station remains with the Contractor until delivery to Town of Avon, at which point risk of loss
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ATTACHMENT B: Proterra Contract
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
8
passes to Town of Avon.
SEC. 12 REPAIRS OF BUSES AND CHARGING STATIONS AFTER NON-
ACCEPTANCE
A. After non-acceptance of a Bus or Charging Station, the Contractor must take commercially
reasonable efforts to complete work within fifteen (15) business days after receiving notification
from Town of Avon of failure of acceptance tests. In the event a repair shall take longer than
fifteen (15) business days, Contractor shall have such reasonable time as is necessary to
complete the repair so long as Contractor commences to resolve the repair issue within such
fifteen (15) business day period. Town of Avon shall make the Bus or OH Charging Station
available to complete repairs timely with the Contractor’s repair schedule.
B. The Contractor shall provide all spare parts, tools, and space required to complete the
repairs. Town of Avon agrees that for the first thirty (30) day period following non-acceptance,
Contractor shall have the right to perform repairs at Town of Avon’s facilities, provided that
following such thirty (30) day period if the non-accepted item is not corrected then, at Town of
Avon’s option, the Contractor may be required to remove the non-accepted item from Town of
Avon's facilities while repairs are being effected. If the non-accepted item is removed from Town
of Avon's facilities, repair procedures must be pursued by the Contractor's representatives.
SEC. 13 ENGINEER/SERVICE REPRESENTATIVES
The Contractor shall provide a field service representative(s) available on request to assist Town
of Avon's staff in the solution of engineering or design problems that may arise during the
acceptance and warranty periods.
SEC. 14 DOCUMENTS AND TRAINING
A. The Contractor shall supply training documents to Town of Avon in Contractor’s customary
format and as reasonably determined by Contractor. The Contractor agrees to provide driver and
maintenance training. In connection with such training, Town of Avon agrees to provide Contractor
reasonable access to Town of Avon’s data and information, and Town of Avon shall have access
to its own custom web portal, which contains the latest versions of all applicable manuals, videos,
guidelines and other training materials. Contractor recommends that Town of Avon obtain high
voltage safety training for its employees and that Town of Avon develops its own high voltage
safety rules and guidelines; however, any such training, rules and guidelines will not be provided
by the Contractor.
B. Successful acceptance and deployment of new technology requires a significant effort on
the part of Town of Avon as well as Contractor. Accordingly, Town of Avon agrees to follow and
adhere to the “launch schedule” as agreed to between Contractor and Town of Avon.
C. Contractor shall own all data produced by the Buses/vehicle and the Charging
Station/charging system. Contractor reserves the right to present data to third parties without the
prior consent of Town of Avon. Contractor agrees to provide any data that may be reasonably
required to satisfy the requirements of any grants or other sources of funding used to purchase
the Buses by Town of Avon at an interval of no more frequently than once per month and for a
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ATTACHMENT B: Proterra Contract
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
9
total duration of no more than twelve (12) months.
D. Town of Avon agrees that it shall ensure that any drivers assigned to operate the Bus shall
be sufficiently trained. New drivers should receive sufficient training on the Bus and its docking
and charging procedures including at least four hours of shadow service and five successful docks
prior to being in revenue service. Contractor recommends that new drivers get assigned to the
Buses no more frequently than every 12 months.
E. Labor Rates for any work chargeable to Town of Avon are based on the hourly wage rate
of a Senior Field Service Technician, plus 62% fringes plus 125% overhead. The wage rate is
subject to adjustment once each year.
SEC. 15 TOOLS AND EQUIPMENT
The Contractor shall provide Town of Avon with a comprehensive list of all of the tools, equipment,
software, specialized diagnostic tools, and/or related equipment for the service, repair and
overhaul of the complete Bus, all major sub-systems of the Bus, and the Charging Stations.
Proprietary software and computer hardware necessary to repair, service and/or diagnose all
systems of the Bus and the Charging Stations shall be made reasonably available to Town of
Avon when required to repair the Bus, its systems, or the Charging Stations at no cost to Town of
Avon per Section 5 above.
SEC. 16 PARTS AVAILABILITY GUARANTEE
A. Contractor hereby agrees to make available the spare parts and equipment as set forth in
the Option Tracker.
B. Proterra will not stock any service parts if those parts were ordered specifically for an
individual customer configuration (i.e., not base vehicle parts). This includes, but is not limited to,
windows, seats, flooring, ITS/CAD/AVL equipment, and any other specially requested or required
parts. Proterra will endeavor to procure special orders parts as request but cannot provide or
commit to availability or lead-time.
C. Unless otherwise agreed, all units and components procured under this Contract, whether
provided by suppliers or manufactured by the Contractor, shall be duplicates in design,
manufacture, and installation to assure interchangeability among Buses in this procurement. This
interchangeability shall extend to the individual components as well as to their locations in the
Buses.
D. EXCEPT FOR ANY SUCH WARRANTIES THAT CONTRACTOR MAY EXPRESSLY
AND SPECIFICALLY PROVIDE, ALL OTHER EXPRESS AND IMPLIED WARRANTIES,
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, INFRINGEMENT, OR ANY WARRANTIES BASED UPON SAMPLES, MODELS, OR
SPECIFICATIONS, ARE EXPRESSLY DISCLAIMED.
SEC. 17 MATERIALS/ACCESSORIES RESPONSIBILITIES
The Contractor shall be responsible for all materials and workmanship in the construction of the
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ATTACHMENT B: Proterra Contract
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
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Buses and Charging Stations and all accessories used, whether the same are manufactured by
the Contractor or purchased from supplier and as subject to the Warr anty provisions set forth in
Attachment 2 to this Agreement. This provision excludes fare boxes, radios, and any equipment
supplied by Town of Avon, except insofar as such equipment is damaged by the failure of a part
or component for which the Contractor is responsible, or except insofar as the damage to such
equipment is solely caused by the Contractor during the manufacture of the Buses and/or
Charging Stations.
SEC. 18 REPRESENTATIVES AND NOTICE
A. Town of Avon’s Representative. Town of Avon hereby designates Eva Wilson, to act as
its representative for the performance of this Agreement (“Town of Avon’s Representative”).
Town of Avon’s Representative shall have the power to act on behalf of Town of Avon for all
purposes under this Agreement.
B. Contractor’s Representative. Contractor hereby designates Nishant Dixit as its Project
Manager, to act as its representative to oversee the performance of this Agreement (“Contractor’s
Representative”). Contractor’s Representative shall have full authority to represent and act on
behalf of the Contractor for all purposes under this Agreement. Such designation will be provided
in writing to Town of Avon’s representative.
C. Delivery of Notices. All notices permitted or required under this Agreement shall be given
to the respective parties at the following address, or at such other address as the respective
parties may provide in writing for this purpose:
Contractor: Nishant Dixit
Customer Program Manager
Proterra Inc.
383 Cheryl Lane,
City of Industry, CA 91789
Phone (323) 360-1499
with a copy to: Jeff Mitchell / LEGAL
Associate General Counsel
Proterra Inc.
1815 Rollins Rd.
Burlingame, CA 94010
legal@proterra.com
Phone (864) 438-0000
Town of Avon: Paul Wisor, Town Attorney
pwisor@garfieldhecht.com
Any notices required by this Agreement shall be deemed received on (a) the day of delivery if
delivered by hand (including overnight courier service) during receiving Party's regular business
hours or by facsimile before or during receiving Party's regular business hours; or (b) on the third
business day following deposit in the United States mail, postage prepaid, to the addresses set
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ATTACHMENT B: Proterra Contract
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
11
forth below, or to such other addresses as the Parties may, from time to time, designate in writing
pursuant to the provisions of this Section. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
SEC. 19 ACCOUNTING RECORDS AND AUDIT ADJUSTMENTS
The Contractor shall maintain accurate records with respect to all costs and expenses incurred
under this Agreement. The Contractor agrees that the United States Department of
Transportation and Town of Avon, or any of their duly authorized representatives, shall, for the
purpose of audit and examination, and to the extent required by law, be permitted to inspect all
work, materials, payrolls, and other data and records, and to audit, during normal business hours
with reasonable advanced notice, the books, records, and accounts relating to the performance
of the Contract; provided that Contractor shall have the right to maintain and protect the
confidentiality of any information so provided. Further, Contractor agrees to maintain all required
records for at least three (3) years after Town of Avon has made final payment and all other
pending matters are closed.
SEC. 20 CHANGE ORDERS AND SPECIFICATION REVISIONS
Unless there are changes mandated by applicable law, the Parties recognize that no changes to
the Bus and/or Charging Station to be delivered by the Contractor to Town of Avon can be made
without a written Change Order executed by Town of Avon’s Representative and accepted by
Contractor’s Representative.
SEC. 21 LATE CHANGES
In order to ensure the highest quality products for our customers, it is imperative that a strict
change management process be followed. This includes pre-defined timelines that govern the
reasonable time needed to properly design, validate, procure and deploy engineering changes.
This Agreement represents and contains specific configurations and specifications agreed upon
between Proterra and Town of Avon. Notwithstanding anything to the contrary contained herein,
for any and all proposed changes, no matter how material or immaterial, requested by Town of
Avon after the date hereof that are outside of or different from the configurations and/or
specifications agreed upon between the parties hereto as of the date hereof, Proterra reserves
and shall have the right to, in its sole and absolute discretion, pursue any of the following:
Propose price increases for the changed configurations and/or specifications, which price
increases are subject to Town of Avon’s prior approval, which approval shall not be
unreasonably withheld or delayed;
A) Propose an alternative build slot and/or delays in delivery/shipment to account for delays
resulting from the requested changed configurations and/or specifications;
B) Reject some or all of the requested changes to, among other things, preserve a build
slot(s) and delivery timeframe; and/or
C) Any other solution proposed by Proterra, subject to Town of Avon’s prior approval, which
approval shall not be unreasonably withheld or delayed.
D) To provide our customers with as much flexibility as possible while maintaining our strict
design quality requirements, Proterra shall follow its late change process.
E) ANY CHANGE REQUEST, NO MATTER HOW MATERIAL OR IMMATERIAL, WITHIN
TWENTY-EIGHT (28) WEEKS BEFORE START OF PRODUCTION (STATION #1) WILL
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ATTACHMENT B: Proterra Contract
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
12
REQUIRE COO APPROVAL AND, IF APPROVED, WILL LIKELY IMPACT COST AND
SCHEDULE.
Notwithstanding anything to the contrary contained herein, Town of Avon acknowledges and
agrees that any of the above rights, if/when exercised by Proterra (including any delivery/shipment
delays and/or alternative build slots and including any outright rejection of any requested
changes) shall not (1) be a breach of this Agreement, (2) affect or toll any warranties provided by
Proterra, (3) result in or cause any penalties, damages (including liquidated damages), claims or
liabilities to Proterra, (4) give Town of Avon any termination right, (5) affect or change payment
terms (including any progress payments) and/or (6) give Town of Avon the right to reject any
shipment or fail any inspection. In addition, notwithstanding anything to the contrary contained
herein, Proterra may, in its sole and absolute discretion, utilize subcontractors to implement any
requested changes that Proterra may agree to.
SEC. 22 CUSTOMER SUPPLIED EQUIPMENT
Contractor will not accept Town of Avon supplied equipment for installation on the Bus and
Charging Stations. All equipment permanently installed on the Buses and Charging Stations must
be procured directly by the Contractor, except as follows:
A) Templates, such as farebox mounting plates, used only for initial design and fitment or
function validation and not to be permanently installed.
B) Test Equipment to be used for functional validation of installed systems and not to be
permanently installed.
SEC. 23 CUSTOMER REQUESTED EQUIPMENT – VENDOR CHANGES
Contractor is responsible for all equipment designed and installed on Buses and Charging
Systems at completion of manufacture. This includes systems specified directly by Town of Avon
hereunder. Changes in design or function of Customer-specified systems, such as ITS, CAD/AVL,
radio, etc.) are beyond Contractor’s control and may result in subsequent installation or functional
issues beyond the Contractor’s control. Any such changes will therefore be subject to any of the
potential remediation actions as indication in Section 21 above.
SEC. 24 DISPUTES
This Agreement shall be governed by and interpreted according to the law of the State of
Colorado. Venue for any action arising under this Agreement shall be in the appropriate court for
Eagle County, Colorado. To reduce the cost of dispute resolution and to expedite the resolution
of disputes under this Agreement, the Parties hereby waive any and all right either may have to
request a jury trial in any civil action relating primarily to the enforcement of this Agreement. The
Parties agree that the rule that 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.
SEC. 25 MINOR CHANGES
Town of Avon acknowledges and agrees that there could be minor changes and/or minor delivery
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ATTACHMENT B: Proterra Contract
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
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and timeline revisions. Accordingly, Town of Avon and Proterra agree to reasonably cooperate
in good faith regarding any such minor changes and slight timeline revisions.
SEC. 26 TERMINATION
A. Termination for Convenience
a. Action by Town of Avon
The performance of work under the Contract may be terminated by Town
of Avon in accordance with this Section in whole, or from time to time in
part, with at least sixty (60) days prior written notice to Contractor. Any
such termination shall be effected by delivery to the Contractor of a notice
of termination specifying the extent to which performance of the
professional services under the Contract is terminated and the date upon
which such termination becomes effective; provided that such termination
effective date shall be no earlier than sixty (60) days after receipt of such
termination notice by Contractor.
b. Responsibility of Contractor
Upon receipt of a notice of termination, and except as otherwise directed
by Town of Avon, the Contractor shall, to the extent possible, (1) stop work
under the Contract on the date and to the extent specified in the notice of
termination; (2) place no further orders or subcontracts for materials,
services, or facilities, except as may be necessary for completion of such
portion of the work under the Contract as is not terminated; (3) to the extent
possible, terminate all orders and subcontracts to the extent that they relate
to the performance of work terminated by the notice of termination; (4)
transfer title to Town of Avon and deliver in the manner, at the times, and
to the extent, if any, directed by Town of Avon, non-proprietary supplies,
equipment, and other material produced as a part of, or acquired in
connection with the performance of, the work terminated, and any
information and other property which, if the Contract had been completed,
would have been required to be furnished to Town of Avon provided that
Town of Avon reimburses Contractor for all related costs and expenses;
and (5) complete any such part of the work as shall not have been
terminated by the notice of termination. Payments by Town of Avon to the
Contractor shall be made by the effective date of termination, including with
respect to the portion of any completed work and related costs and
expenses so terminated. Except as otherwise provided, settlement of
claims by the Contractor under this termination Section shall be in
accordance with the provisions set forth in 48 C.F.R. Part 49, as amended
from time to time.
B. Termination by Mutual Agreement.
The Contract may be terminated by mutual agreement of the Parties. Such termination shall
be effective in accordance with a written agreement by the Parties. Any other act of
termination shall be in accordance with the termination by convenience or default pro visions
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ATTACHMENT B: Proterra Contract
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
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contained in Sections 24.A. and C., respectively.
C. Termination for Default
a. Action by Town of Avon
Subject to the provisions of subparagraph c. below, Town of Avon may
terminate the whole or any part of the Contract in any one of the following
circumstances:
(1) If the Contractor fails to provide any material services required
under this Contract; or
(2) If the Contractor fails to perform any of the material provisions
of the Contract in accordance in all material respects with its terms.
b. Contractor Liability
In the event that Town of Avon terminates the Contract in whole or in part
as provided in this Subsection (C), Town of Avon may procure, upon such
terms and in such manner as Town of Avon may deem appropriate and at
Town of Avon’s cost and expense, supplies or services similar to those so
terminated. The Contractor shall continue the performance of the Contract
to the extent not terminated under the provisions of this Section.
c. Cure by Contractor
If Town of Avon determines that an event of default under this Section 24
has occurred, it shall immediately notify the Contractor in writing and
provide the Contractor with thirty (30) days in which to cure such default;
provided that if it would reasonably take longer to cure such default,
Contractor shall commence the cure during such thirty (30) day period and
take commercially reasonable efforts to cure as soon as reasonably
practicable thereafter. If the Contractor fails to cure within such time frame,
Town of Avon may declare that Contractor to be in default and terminate
the Contract in whole or in part.
d. Claims
Except as otherwise provided, settlement of claims by the Contractor under
this Section shall be in accordance to the provisions set forth in 48 C.F.R.
Part 49, as amended from time to time.
e. Default by Town of Avon
Except to the extent solely caused by a default of Contractor, in the event
that Town of Avon breaches this Contract, and such breach, if and only if
curable, is not cured within thirty (30) days following written notice from
Contractor (or such longer period as is reasonably necessary to cure if
such cure may not reasonably be effected in such thirty (30) day period,
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ATTACHMENT B: Proterra Contract
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
15
provided Town of Avon diligently prosecutes such cure to completion at all
times), Contractor shall have the right to terminate this Contract by written
notice delivered by Contractor to Town of Avon at which time Town of Avon
shall reimburse Contractor for all reasonable costs and expenses incurred
by Contractor in connection with this Contract, including, at Contractor’s
option, payment of the difference between the purchase price under this
Contract and the actual price paid to Contractor to sell the Buses and
Charging Station(s) to another customer. For the avoidance of doubt,
failure to make any payment by Town of Avon is a breach that would
require cure within thirty (30) days.
SEC. 27 RESPONSIBILITIES OF CONTRACTOR AND Town of Avon
A. Compliance with Law. The Contractor and Town of Avon shall give all notices and comply
with all Federal, state, and local laws, ordinances, rules, regulations, and orders of any public
authority bearing on the performance of the Contract, including, but not limited to, the laws
referred to in these provisions of the Contract. If the Contract documents are at variance therewith
in any respect, any necessary changes shall be incorporated by appropriate modification. Upon
reasonable request by the other Party, the requested Party shall furnish the other Party with
certificates of compliance with all such laws, orders, and regulations.
B. Independent Contractor. All services shall be performed by Contractor or by a third party
under Contractor’s supervision. Town of Avon retains Contractor on an independent contractor
basis and not as an employee. Contractor retains the right to perform similar or different services
for, and sell similar products to, others during the term of this Agreement. Any additional
personnel performing the Services under this Agreement on behalf of Contractor shall also not be
employees of Town of Avon and shall be under Contractor's direction.
SEC. 28 FORCE MAJEURE
The Contractor shall not be liable for any failure to perform if that failure to perform was due to
causes beyond the control of the Contractor and Contractor made reasonable efforts to avoid
such non-performance. Examples of such causes include, without limitation acts of God, civil
disturbances, unanticipated work stoppages, strikes, lockouts, labor disputes, national
emergencies, acts of government, epidemics, pandemics, acts of public enemy, storms,
casualties, fires, riots, hurricanes, tornadoes, wars, floods or other cause of similar or dissimilar
nature beyond Contractor’s control.
SEC. 29 CONFLICT OF INTEREST
No officer, member or employee of Town of Avon and no members of its governing body, and no
other public official of the governing body of the locality in which the project is situated and being
carried out who exercise any functions or responsibility in the review and approval of the
undertaking or carrying out of this project, shall participate in any decision relating to this
Agreement which affects his or her personal interest or have any personal or pecuniary interest,
direct or indirect, in this Agreement or the proceeds thereof.
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ATTACHMENT B: Proterra Contract
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
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SEC. 30 INDEMNIFICATION, INSURANCE & LIABILITY
A. Indemnification
The Contractor shall indemnify and save harmless Town of Avon, its officials and
employees, from all losses, damages, costs, expenses, liability, claims, actions, and judgments
of any kind brought or asserted against, or incurred by, Town of Avon, to the extent that the same
arise out of or are caused by any willful act or omission of the Contractor, or by the employees,
officers or directors of the Contractor, but not to the extent arising out of or are caused by any act
or omission of Town of Avon or its employees, officers, directors, agents or representatives.
Town of Avon agrees that it shall be responsible for the negligent, willful and wrongful acts
or omissions of its employees, officers, directors, agents and representatives. In addition, Town
of Avon agrees that it shall be responsible for any use of the goods either (a) in combination with
apparatus, devices or other products/goods not supplied by Contractor, or (b) in a manner for
which the goods were neither designated nor contemplated.
B. Insurance.
Prior to commencing work, the Contractor shall procure and maintain at Contractor’s own
cost and expense for the duration of the Agreement, the following insurance against claims for
injuries to person(s) or damages to property which may arise from, or in connection with, the
performance of the work or services hereunder by the Contractor or its employees. Contractor
shall maintain limits no less than:
(1) Commercial General/Umbrella Liability Insurance - $1,000,000 limit per occurrence for
property damage and bodily injury. The service provider should indicate in its proposal
whether the coverage is provided on a claims-made or on an occurrence basis.
(2) Business Automobile/Umbrella Liability Insurance - $1,000,000 limit per accident for
property damage and personal injury.
(3) Workers’ Compensation and Employers’/Umbrella Liability Insurance -- Workers’
Compensation coverage with benefits and monetary limits as set forth in South Carolina
law. This policy shall include Employers’/Umbrella Liability coverage for $1,000,000 per
accident.
(4) Other Insurance Provisions:
a. Commercial General Liability and Automobile Liability Coverage
Town of Avon shall be covered as additional insured’s.
b. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by Town
of Avon. At the option of Town of Avon, the insurer shall reduce or eliminate such
deductibles or self-insured retentions with respect to Town of Avon.
c. Acceptability of Insurers
Insurance is to be placed with South Carolina admitted insurers rated B+X or better by
A.M. Best's rating service.
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ATTACHMENT B: Proterra Contract
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
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d. Verification of Coverage
Upon written request from Town of Avon, Contractor shall furnish Town of Avon with
certificates of insurance and with original endorsements affecting coverage required by
this clause.
C. Liability.
IN NO EVENT WILL CONTRACTOR BE LIABLE TO TOWN OF AVON FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF
PROFITS OR REVENUE, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE.
CONTRACTOR’S CUMULATIVE LIABILITY UNDER THIS CONTRACT WILL NOT
EXCEED THE LESSER OF $2 MILLION OR THE AGGREGATE AMOUNT PAID BY TOWN OF
AVON PURSUANT TO THIS CONTRACT DURING THE SIX (6) MONTH PERIOD PRIOR TO
THE EVENT GIVING RISE TO THE CLAIM OR LIABILITY AT ISSUE.
SEC. 31 INTERPRETATION, JURISDICTION, AND VENUE
This Contract shall be subject to, governed by, and construed and interpreted solely according to
the laws of the State of Colorado. The Contractor and Town of Avon hereby consent and submit
to the jurisdiction of the appropriate courts of Colorado or of the United States having jurisdiction
in Colorado for adjudication of any suit or cause of action arising under or in connection with the
Contract documents, or the performance of this Contract, and agree that any such suit or cause
of action may be brought in any such court.
SEC. 32 NO FEDERAL GOVERNMENT OBLIGATIONS
Although this Contract is funded with Federal funds, absent the Federal Government’s express
written consent, the Federal Government shall not be subject to any obligations or liabilities to the
Contractor, or any other person other than Town of Avon in connection with the performance of
this Contract.
SEC. 33 INTERESTS OF MEMBERS OF, OR DELEGATES TO, CONGRESS
In accordance with 18 U.S.C. Section 431, no member of, or delegate to, the Congress of the
United States shall be admitted to any share or part of the Contract or to any benefit arising
therefrom.
SEC. 34 FALSE OR FRAUDULENT STATEMENTS AND CLAIMS
By executing this Contract, the Contractor acknowledges that if it makes a false, fictitious, or
fraudulent claim, statement, submission, or certification, the Federal Government reserves the
right to impose penalties under the program Fraud Civil Remedies Act of 1986.
SEC. 35 DEBARMENT/SUSPENSION STATUS
The Contractor shall provide Town of Avon with a certification addressing its debarment and
suspension status, if any, and that of its principals. The Contractor shall promptly inform Town of
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Avon of any change in the suspension or debarment status of the Contractor or its principals
during the term of the Contract.
SEC. 36 AMERICANS WITH DISABILITIES ACT
The Contractor shall ensure that the Buses manufactured and delivered under the terms of this
Contract meet, in all material respects, the applicable Accessibility Guidelines for Transportation
Vehicles set out in 49 C.F.R. Part 38.
SEC. 37 BUY AMERICA
The Contractor shall comply with the applicable Buy America requirements set forth in 49 U.S.C.
5323(j) and the applicable regulations in 49 C.F.R. Part 661, as amended.
SEC. 38 CARGO PREFERENCE
The Contractor agrees:
A. Whenever shipping any equipment, materials or commodities pursuant to this Contract, to
utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the
gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved,
but only if and to the extent such vessels are available at fair and reasonable rates for United
States-flag commercial vessels.
B. To furnish within twenty (20) business days following the date of loading for shipments
originating within the United States, or within forty (40) business days following the date of loading
for shipment originating outside the United States, a legible copy of a rated, “on-board”
commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph A.
above to Town of Avon (through the prime contractor in the case of subcontractor bills -of-lading)
and to the Division of National Cargo, Office of Market Development, Maritime Administration,
400 Seventh Street, S.W., Washington, D.C. 20590, marked with appropriate identification of the
project.
SEC. 39 FLY AMERICA
The Contractor agrees that if this Contract may involve the international transportation of goods,
equipment, or personnel by air, the Contractor will use U.S.-flag air carriers, only if and to the
extent service by these carriers is available at fair and reasonable rates. (49 U.S.C. 40018 and 4
C.F.R. Part 52).
SEC. 40 RECYCLED PRODUCTS
The Contractor agrees to comply with all the requirements of Section 6002 of the Resource
Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited
to the regulatory provisions of 40 C.F.R. Part 247, and Executive Order 12873, as they apply to
the procurement of the items designated in Subpart B of 40 C.F.R. Part 247.
SEC. 41 ENVIRONMENTAL REQUIREMENTS
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The Contractor agrees to comply in all material respects with all Federal, State and local
environmental and resource conservation requirements that apply to the construction activities
under the terms of this Contract. The Contractor shall report any violation of standards, orders or
regulations issued under the Clean Air Act (42 U.S.C. 7401 et seq.) or the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) resulting from any activity of the Contractor in connection
with the performance of the Contract to FTA and to the appropriate U.S. EPA Regional Office.
The Contractor shall be responsible for the disposal of hazardous materials, in accordance with
applicable Federal, state and local laws and regulations.
SEC. 42 ENERGY EFFICIENCY
The Contractor shall recognize the mandatory standards and policies relating to energy efficiency
that are contained in the State Energy Conservation Plan issued in compliance with the Energy
Policy and Conservation Act (42 U.S.C. 6321 et seq.).
SEC. 43 NONDISCRIMINATION
In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303
of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the
Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C.
§ 5332, the Contractor agrees that it will not discriminate against any employee or applicant for
employment because of race, color, creed, national origin, sex, age, or disability.
SEC. 44 EQUAL EMPLOYMENT OPPORTUNITY
The following equal employment opportunity requirements apply to the Contract:
A. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights
Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor
agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders,
regulations, and Federal policies that may in the future affect construction activities undertaken in
the course of the Project. The Contractor agrees to take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to
their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship.
B. Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967,
as amended, 29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees
to refrain from discrimination against present and prospective employees for reason of age.
C. Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as
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amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of
U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to
employment of persons with disabilities.
SEC. 45 DISADVANTAGED BUSINESS ENTERPRISE
The Contractor agrees to comply with the Disadvantaged Business Enterprise requirements set
forth in 49 C.F.R. 26.49.
SEC. 46 PRE-AWARD AND POST-DELIVERY AUDIT REQUIREMENTS
The Contractor agrees to comply with 49 U.S.C. § 5323(l) and FTA's implementing regulation at
49 C.F.R. Part 663 and to submit the following certifications:
A. The Contractor shall complete and submit a declaration certifying either compliance or
noncompliance with Buy America. If the Contractor certifies compliance with Buy America, it shall
submit documentation which lists: 1) component and subcomponent parts of the rolling stock to
be purchased, identified by manufacturer of the parts, their country of origin and costs on a
percentage basis; and 2) the location of the final assembly point for the rolling stock, including a
description of the activities that will take place at the final assembly point and the cost of final
assembly on a percentage basis.
B. The Contractor shall submit evidence that it will be capable of meeting the specifications.
C. The Contractor shall submit: 1) manufacturer's FMVSS self-certification sticker information
that the vehicle complies with relevant FMVSS; or 2) manufacturer's certified statement that the
contracted Buses will not be subject to FMVSS regulations.
SEC. 47 BUS TESTING
The Contractor agrees to comply with 49 U.S.C. § 5323(c) and FTA's implementing regulation at
49 CFR Part 665 and shall perform the following if applicable:
A. If the bus being procured under this Contract is a new bus model or a bus produced with
a major change in components or configuration, the Contractor shall provide a copy of the final
test report to Town of Avon prior to Town of Avon’s final acceptance of the first bus.
B. If the Contractor releases a report under paragraph A above, it shall provide notice to the
operator of the testing facility that the report is available to the public.
C. If the Contractor represents that the vehicle was previously tested, the vehicle being sold
should have substantially the same configuration and major components as the vehicle in the test
report, which must be provided to Town of Avon prior to Town of Avon's final acceptance of the
first vehicle. If the configuration or components are not identical, the Contractor shall provide a
description of the change and the Contractor's basis for concluding that it is not a major change
requiring additional testing.
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D. If the Contractor represents that the vehicle is "grandfathered" (has been used in mass
transit service in the United States before October 1, 1988, and is currently being produced
without a major change in configuration or components), the Contractor shall provide the name
and address of the recipient of such a vehicle and the details of that vehicle's configuration and
major components.
SEC. 48 FEDERAL MOTOR VEHICLE SAFETY STANDARDS
The Contractor shall comply with the Federal Motor Vehicle Safety Standards (FMVSS) and
Regulations (49 C.F.R. Part 571) issued by the National Highway Traffic Safety Administration,
which require motor vehicle manufacturers to conform to and certify compliance with the FMVSS
requirements. These Regulations establish crashworthiness and crash avoidance standards for
various types of vehicles, including buses.
SEC. 49 INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION
TERMS AND CONDITIONS
A. The Contractor recognizes that this Contract includes, in part, certain terms and conditions
required by the Federal Transit Administration, whether or not expressly set forth in this Contract.
All contractual provisions required by the Federal Transit Administration, as set forth in FTA
Circular 4220.1 (current version as of the Effective Date of this Contract) are hereby incorporated
by reference. If any of the provisions of this Contract are contrary to the Federal Transit
Administration’s mandated terms and conditions, such Federal Transit Administration’s terms and
conditions shall be deemed to control.
B. The Contractor shall not knowingly or willingly perform any act, fail to perform any act, or
refuse to comply with any requests of Town of Avon which would cause Town of Avon to be in
violation of the Federal Transit Administration terms and conditions.
SEC. 50 TAX AND CARBON CREDITS
A. In the event that the Contractor is entitled to Federal or State tax credits, rebates or refunds
conditioned on the sale of battery electric buses or charging stations to a public agency, the
Contractor shall not be required to rebate such amounts to Town of Avon when the Contractor
takes the credit and/or realizes the refund or rebate.
B. In the event that the sale/purchase of a Bus or Charging Station may generate credits or
other benefits associated with reductions in carbon emissions, exhaust or emissions banking or
other credits, refunds, rebates or incentives of any kind as a result of environmental attributes
associated with the deployment of battery electric buses or use of charging stations, such
incentives, refunds, rebates or credits shall be owned and attributable solely by the Contractor.
SEC. 51 TERMINATION DUE TO LACK OF FUNDS
If any of the material amounts due under this Contract constitute federal funds (such as formula
funds or grants managed or originated by the U.S. Department of Transportation) and such funds
are reduced or eliminated at the sole discretion of the governing body, this Agreement shall
terminate unless both Parties agree to modification of the obligations under this Agreement. A
reduction in funding cannot reduce monies due and owing to the Contractor on or before the
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effective date of the termination of the Agreement.
SEC. 52 ASSIGNMENT OR TRANSFER
Except for the rights of money due to Contractor pursuant to this Contract, Contractor shall not
assign, hypothecate, or transfer this Agreement or any interest herein to any other party without
the prior written consent of Town of Avon, which consent shall not be unreasonably withheld or
delayed. Such consent of Town of Avon shall not be required in the event of any transfer or
assignment in connection with any merger, acquisition (whether stock or asset) or other change
of control involving Contractor. Town of Avon shall not assign, hypothecate, or transfer this
Agreement or any interest herein to any other party without the prior written consent of Contractor,
which consent shall not be unreasonably withheld or delayed. Any assignment, transfer or
hypothecation other than in accordance with the terms of this Section 50 shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by reason of
such attempted assignment, hypothecation or transfer.
SEC. 53 INTELLECTUAL PROPERTY & CONFIDENTIAL INFORMATION
A. Intellectual Property. Town of Avon and Contractor acknowledge that Town of Avon is a
transit agency and not a manufacturer of buses or charging stations and therefore has no interest
in ownership of any rights in, to, or arising out of: (i) any patents; (ii) inventions, discoveries
(whether patentable or not in any country), invention disclosures, improvements, trade secrets,
proprietary information, know-how, technology, technical data and other intellectual property; (iii)
copyrights, copyright registrations, mask works, mask work registrations, and applications
therefor in the United States, and anywhere in the world, and all other rights corresponding thereto
throughout the world; and (iv) any other proprietary rights ((i) through (iv) hereof collectively, the
“Intellectual Property”) in or to the technology associated with the charging stations and
vehicles/buses that are the subject of this Agreement. As such, Town of Avon and Contractor
agree that Contractor shall own any Intellectual Property developed in connection with the buses
and charging stations purchased through this Agreement, including, without limitation, any
performance and other Bus and Charging Station data developed and any alterations or
modifications to the charging stations or buses purchased under this Agreement whether made
or developed by Town of Avon or any other party (the “Developed Technology”). Town of Avon
hereby assigns and agrees to assign to Contractor, all right, title and interest in the Developed
Technology (including all intellectual property rights therein) and the Intellectual Property. Town
of Avon shall, to the fullest extent, protect proprietary information, trade secrets and confidential
commercial and financial information provided by the Contractor. Town of Avon will provide
immediate notice in writing to the Contractor of the existence of any claim that the goods furnished
hereunder violate or infringe upon another third party’s rights, and Town of Avon shall reasonably
cooperate with Contractor in connection with any such claim. Town of Avon also agrees that it
shall not, and shall not allow any third party to, directly or indirectly reverse engineer the Bus or
Charging Station or otherwise obtain, share or use any confidential information of Contractor,
including, without limitation, any control or other software of Contractor provided with either the
Bus or Charging Station.
B. Confidential Information. During the performance under this Contract, it may be necessary
for either party (the “Discloser”) to make confidential information available to the other
party (the “Recipient”). Subject to the requirements of the Colorado Open Records Act,
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the Recipient agrees to use all such information solely for the performance under this
Contract and to hold all such information in confidence and not to disclose the same to
any third party without the prior written consent of the Discloser. Likewise, the Recipient
agrees that information developed in connection with the performance of this Contract
shall be used solely for the performance under this Contract, and shall be held in
confidence not disclosed to any third party without the prior written consent of the
Discloser. Town of Avon shall employ sound business practices no less diligent than
those used for Town of Avon’s own confidential information to protect the confidence of
all licensed technology, software, documentation, drawings, schematics, manuals, data
and other information and material provided by the Contractor pursuant to this Contract.
C. Survival. This Section shall survive termination or expiration of this Contract.
SEC. 54 MARKETING
Contractor and Town of Avon shall work together to promote the unique nature of the deployment
of the Buses and Charging Stations under this Contract. However, the Parties shall mutually
agree to the content of any press release related to the substance, performance or existence of
this Contract and the purchase or use of Buses and Charging Stations hereunder. Town of Avon
hereby gives Contractor, and Contractor gives Town of Avon, the right to use images of the Buses
and Charging Stations under this Contract in any manner desired by the Parties, subject to each
party’s prior written consent, not to be unreasonably withheld.
SEC. 55 COMPLIANCE WITH FEDERAL LOBBYING POLICY
Customers, including Town of Avon, who apply or bid for an award of $100,000 or more shall file
the certification required by 49 CFR Part 20, “New Restrictions on Lobbying.” Each tier certifies
to the tier above that it will not and has not used federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any Agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any federal Contract, grant or any other award covered by
31 USC 1352. Each tier shall also disclose the name of any registrant under the Lobbying
Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-federal funds with
respect to that federal Contract, grant or award covered by 31 USC 1352. Such disclosures are
forwarded from tier-to-tier up to the recipient.
SEC. 56 WHISTLEBLOWER PROTECTION
Section 1553 of Division A, Title XV of the American Recovery and Reinvestment Act of 2009,
P.L. 111-5, provides protections for certain individuals who make specified disclosures relating to
Recovery Act funds.
A. An employee of any non-Federal employer receiving covered funds may not be
discharged, demoted or otherwise discriminated against as a reprisal for disclosing, including a
disclosure made in the ordinary course of an employee’s duties, to the Board, an inspector
general, the Comptroller General, a member of Congress, a state or federal regulatory or law
enforcement agency, a person with supervisory authority over the employee (or such other person
working for the employer who has the authority to investigate, discover or terminate misconduct),
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a court or grand jury, the head of a Federal agency or his/her/their representatives, information
that the employee reasonably believes is evidence of:
1) gross mismanagement of an agency contract or grant relating to covered funds;
2) a gross waste of covered funds;
3) a substantial and specific danger to public health or safety related to the implementation or
use of covered funds;
4) an abuse of authority related to the implementation or use of covered funds; or
5) a violation of law, rule or regulation related to an agency contract (including the competition
for or negotiation of a contract) or grant, awarded or issued relating to covered funds.
B. To be protected, the disclosure must be made by the employee to the Recovery
Accountability and Transparency Board, an Inspector General, the Comptroller General, a
member of Congress, a state or federal regulatory or law enforcement agency, a person with
supervisory authority over the employee, a court or grand jury, or the head of a federal agency or
his/her/their representatives.
SEC. 57 IRON, STEEL AND MANUFACTURING
A. Required Use of American Iron, Steel, and Manufactured Goods--Section 1605 of the
American Recovery and Reinvestment Act of 2009.
1) This award term and condition implements Section 1605 of the American Recovery
and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring that all iron,
steel and manufactured goods used in the project are produced in the United States
except as provided in paragraph 2 CFR 176.140 (b)(3) and 2 CFR 176.140 (b)(4). This
requirement does not apply to the material listed by the Federal Government under 2 CFR
176.140(b)(2).
2) A prospective applicant requesting a determination regarding the inapplicability of
section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5)
(Recovery Act) should submit the request to the U.S. Federal Transit Administrator in time
to allow a determination before submission of applications or proposals. The prospective
applicant shall include the information and applicable supporting data required by
paragraphs 2 CFR 176.140(c) and (d) in the request. If an applicant has not requested a
determination regarding the inapplicability of 1605 of the Recovery Act before submitting
its application or proposal, or has not received a response to a previous request, the
applicant shall include the information and supporting data in the application or proposal.
SEC. 58 CLEAN AIR AND CLEAN WATER
The Contractor shall comply with all applicable standards, orders or regulations issued pursuant
to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor shall comply with all
applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control
Act, as amended, 33 U.S.C. § 1251 et seq. The Contractor shall report each violation to Town of
Avon and understands and agrees that Town of Avon will, in turn, report each violation as required
to assure notification to FTA and the appropriate EPA Regional Office.
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SEC. 59 FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures, and
directives.
SEC. 60 PRIVACY
To the extent that Contractor administers any system of records on behalf of the Federal
Government, Contractor agrees to comply with the information restrictions and other applicable
requirements of the Privacy Act of 1974, as amended, 5 U.S.C. Sect. 552, (the Privacy Act).
Contractor shall obtain the express consent of the Department and the Federal Government
before the Contractor operates a system of records on behalf of the Federal Government.
SEC. 61 GENERAL PROVISIONS
A. Construction; References; Captions. Since the Parties or their agents have participated
fully in the preparation of this Agreement, the language of this Agreement shall be construed
simply, according to its fair meaning, and not strictly for or against any Party. Unless and except
otherwise set forth herein, any term referencing time, days or period for performance shall be
deemed calendar days and not business days. All references to Town of Avon include its elected
officials, officers, agents, volunteers and independent contractors who serve as Town of Avon
officers, officials, or staff except as otherwise specified in this Agreement. The captions of the
various sections and paragraphs herein are for convenience and ease of reference only, and do
not define, limit, augment or describe the scope, content or intent of this Agreement.
B. Amendment; Modification. No supplement, modification, or amendment of this Agreement
shall be binding unless executed in writing and signed by both Parties.
C. Waiver. No waiver of any default shall constitute a waiver of any other default or breach,
whether of the same or other covenant or condition. No waiver, benefit, privilege or service
voluntarily given or performed by a Party shall give the other Party any contractual rights by
custom, estoppel or otherwise. The failure of Town of Avon or the Contractor to enforce one or
more of the terms or conditions of this Contract or to exercise any of its rights or privileges, or the
waiver by one Party of any breach of such terms or conditions, shall not be construed as thereafter
waiving any such terms, conditions, rights, or privileges, and the same shall continue and remain
in force and effect as if no waiver had occurred.
D. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right
or obligation assumed by the Parties.
E. Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall
take any additional acts or sign any additional documents as may be necessary, appropriate or
convenient to attain the purposes of this Agreement.
F. Invalidity; Severability. If any portion of this Agreement is declared as invalid, illegal or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
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G. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct
its business and to execute, deliver and perform this Agreement. Town of Avon has all requisite
power and authority to conduct its business and to execute, deliver and perform this Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal power,
right and authority to make this Agreement and bind each respective Party.
H. Entire Agreement. This Agreement contains the entire agreement of the Parties with
respect to the subject matter hereof, and supersedes all prior negotiations, understandings or
agreements. This Agreement may not be amended, nor any provision or breach hereof waived,
except in a writing signed by the Parties which expressly refers to this Agreement.
I. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be an original, but all of which taken together shall constitute one and the same
agreement. Delivery of an executed counterpart of this Agreement by facsimile or other electronic
means shall have the same force and effect as the delivery of an original executed counterpart of
this Agreement.
J. Survival. Termination will not affect accrued rights, including payment obligations,
indemnities, existing commitments or any contractual provision intended to survive termination
and will be without penalty or other additional payment.
K. Rules of Construction. The singular shall include the plural and vice versa, and any gender
shall include any other gender as the text shall indicate. All references to “including” shall mean
“including, without limitation.”
L. Municipal Addendum. The parties acknowledge a Municipal Addendum is attached here
to as Exhibit A. In the event the terms and conditions of the Municipal Addendum conflict in whole
or in part with the terms and conditions of the Agreement, the terms and conditions of the
Municipal Addendum shall control.
[Signatures continued on next page]
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IN WITNESS WHEREOF, the Parties hereto have caused these presents to be duly executed
with all the formalities required by law.
Proterra Inc
Attest: ________________________ By: __________________________
Name and Address: Printed Name:
Title:
Dated:
Town of Avon
Attest: By:
Name and Address: Printed Name: Eric Heil
Title: Town Manager
Dated:
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John Walsh
SVP
6/17/2021
Eva Brown
Contract Administrator
Proterra Inc
City of
Industry
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ADDENDUM A: MUNICIPAL PROVISIONS.
A.1. Addendum A Controls: In the event the terms and conditions of this Addendum A
conflict in whole or in part with the terms and conditions of the Agreement, the terms and
conditions of this Addendum A shall control.
A.2. 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 Avon, its officials, employees, contractors, or agents, or any other person acting on
behalf of Avon and, in particular, governmental immunity afforded or available pursuant
to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado
Revised Statutes.
A.3. Affirmative Action: Producer will not discriminate against any employee or sub-
contractor for employment because of race, color, religion, sex or national origin. Producer
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 of
pay or other forms of compensation; and selection for training, including apprenticeship.
A.4. Article X, Section 20/TABOR: The Parties understand and acknowledge that Avon is
subject to Article X, § 20 of the 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
Avon are expressly dependent and conditioned upon the continuing availability of funds
beyond the term of the Avon’s current fiscal period ending upon the next succeeding
December 31. Financial obligations of Avon 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.
A.5. Employment of or Contracts with Illegal Aliens: Producer shall not knowingly employ
or contract with an illegal alien to perform work under this Agreement. Producer shall not
contract with a subcontractor that fails to certify that the subcontractor does not knowingly
employ or contract with any illegal aliens. By entering into this Agreement, Producer
certifies as of the date of this Agreement it does not knowingly employ or contract with an
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illegal alien 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 Producer is prohibited from
using either the e-verify program or the department program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed. If the
Producer obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with an illegal alien, Producer shall be required
to notify the subcontractor and Avon within three (3) days that Producer has actual
knowledge that a subcontractor is employing or contracting with an illegal alien. Producer
shall terminate the subcontract if the subcontractor does not stop employing or contracting
with the illegal alien within three (3) days of receiving the notice regarding Producer’s
actual knowledge. Producer shall not terminate the subcontract if, during such three days,
the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien. Producer is required to comply
with any reasonable request made by the Department of Labor and Employment made in
the course of an investigation undertaken to determine compliance with this provision and
applicable state law. If Producer violates this provision, Avon may terminate this
Agreement, and Producer may be liable for actual and/or consequential damages incurred
by Avon, notwithstanding any limitation on such damages provided by such Agreement.
A.6. No Waiver of Rights: A waiver by any Party to this Agreement of the breach of any term
or provision of this Agreement shall not operate or be construed as a waiver of any
subsequent breach by either Party. Avon’s approval or acceptance of, or payment for,
services shall not be construed to operate as a waiver of any rights or benefits to be provided
under this Agreement. No covenant or term of this Agreement shall be deemed to be
waived by Avon except in writing.
A.7. Binding Effect: The Parties agree that this Agreement, by its terms, shall be binding upon
the successors, heirs, legal representatives, and assigns.
A.8. Limitation of Damages: The Parties agree that Producer’s remedies for any claims
asserted against Avon shall be limited to proven direct damages in an amount to exceed
amounts 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.
A.9. No Third-Party Beneficiaries: Nothing contained in this Agreement is intended to or
shall create a contractual relationship with, cause of action in favor of, or claim for relief
for, any third party, including any agent, sub-consultant or sub-contractor of Producer.
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.
A.10. Governing Law, Venue, and Enforcement: This Agreement shall be governed by and
interpreted according to the law of the State of Colorado. Venue for any action arising
under this Agreement shall be in the appropriate court for Eagle County, Colorado. To
reduce the cost of dispute resolution and to expedite the resolution of disputes under this
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
30
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 that the rule that 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.
A.11. Survival of Terms and Conditions: The Parties understand and agree that all terms and
conditions of the Agreement that require continued performance, compliance, or effect
beyond the termination date of the Agreement shall survive such termination date and shall
be enforceable in the event of a failure to perform or comply.
A.12. Assignment and Release: All or part of the rights, duties, obligations, responsibilities, or
benefits set forth in this Agreement shall not be assigned by Producer without the express
written consent of Avon. Any written assignment shall expressly refer to this Agreement,
specify the particular rights, duties, obligations, responsibilities, or benefits so assigned,
and shall not be effective unless approved by Avon. No assignment shall release the
Producer from performance of any duty, obligation, or responsibility unless such release is
clearly expressed in such written document of assignment. Such consent of Avon shall not
be required in the event of any transfer or assignment in connection with any merger, acquisition
(whether stock or asset) or other change of control involving Contractor/Producer.
A.13. Severability: Invalidation of any of the provisions of this Agreement or any paragraph
sentence, clause, phrase, or word herein or the application thereof in any given
circumstance shall not affect the validity of any other provision of this Agreement.
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
31
ATTACHMENT 1
OPTION TRACKER AND CONFIGURATION TEMPLATES
See attached pages
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
BUS AND CHARGER OPTIONS CONFIGURATOR
Customer
Number of buses
Bus length / model
Number of chargers
Charger Mfg / Model
Contract/P.O. #
Delivery Date
DESCRIPTION UNIT PRICE # OF UNITS TOTAL PRICE
BUS & CONFIGURABLE OPTIONS
Base bus $739,000 2 $1,478,000
Configurables $109,773 2 $219,546
Sub-Total, Customer Configured Bus:$848,773 2 $1,697,546
Warranty (Standard Warranty at $0 Price)$0 2 $0
Sub-Total, Bus with Config, Warranty, Tax & Discount:$848,773 2 $1,697,546
CHARGING EQUIPMENT
Charger, 125kW PCS (Star-Point Junction Box & Dispenser)$35,550 3 $106,650
Sub-Total, Charging Equipment:$35,550 3 $106,650
CHARGING EQUIPMENT INSTALLATION (IF APPLICABLE)
Charging Equipment Installation (Lump Sum)$89,520 1 $89,520
Sub-Total, Charging Equipment Installation:$89,520 $89,520
OTHER ITEMS
Training (Standard Training Package at $0 Price)$0 1 $0
Manuals (Standard Manuals Package - Digital Version at $0 Price)$0 1 $0
Tools $6,512 1 $6,512
Parts and other service $50,007 1 $50,007
Sub-Total, Other Items:$56,519 $56,519
TOTAL:$1,950,235
PA-2021-001-AVON
TBD
Town of Avon
2
35' ZX5
3
125kW PCS (Star-Point Junction Box & Dispenser)
CONFIDENTIAL
Page 1 of 9
6/16/2021
Approved by:
Customer: ______________________________
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
Option Tracker - Bus Configuration
REV C02
Customer Town of Avon Option Content Pricing (Per Bus):$109,773
Number of buses 2
Bus Length / Model 35' ZX5
Contract/P.O. #PA-2021-001-AVON
Tentative Delivery Date TBD
Proterra Tech Spec Category Customer
Selection Option Price
Impact
X E2 - Four (4) HV Battery Packs, 440kWh $0
X DuoPower E-Axle (Single Axle, Dual Electric Motors, Invertors, and Transmissions)$40,000
X Base - None $0
X Two (2) J1772-CCS Charge Ports: (1) Curbside Rear & (1) Streetside Rear $2,565
X Base - Fire Extinguisher in Curb Side Storage box $0
X Capable of front tow and rear ditch extraction (no rear tow)$6,189
X Base - Single Male Industrial fitting @ bumper and Rear SS access panel $0
X Base - Clean Buff Aluminum, ALCOA PN 896517 $0
X Base - Torque Indicators, Green (Wheel Check WLCH-B)$0
X Hubodometer - Veeder-Root Mechanical $233
X
Spare Wheel
QTY: 1
Clean Buff Aluminum, ALCOA PN 896517
$593
X Base - Michelin X InCity Energy Z LR L- 315/80R22.5 $0
X
Spare Tire (per Tire)
QTY: 1
Michelin X InCity Energy Z LR L-315/80R22.5
$738
X 2 Spoke (20")$62
X Front and Side 48" (Half Solid/Half Mesh)$135
X 5-Position Door Switch $675
X Base - Non-Adjustable Pedals $0
X Cup Holder $83
X Driver Coat Hanger $30
X Two (2) Driver Controlled Dash Fans $249
X Heated Seat (Reference Winter Weather Selection), included in seat cost $0
X
Special Request
Recaro Ergo Metro 8HC.PB.591.VV11
1. Head Rest (Vinyl) = H
2. Right Side Armrest = C
3. Seat belt Alarm = P
4. 240 mm (9.25”) Tracks
5. Right Hand Controls
6. Right Hand 2-PT Belt, Black Webbing =5
7. 12 Degree Recline = 1
8. Powder Coated Black CRS (Cold Rolled Steel) Riser = 9
9. Vinyl Inserts and Bolster (Recaro Lettering Stitching) = VV11
10. Add heated seat option = B
$548
X SafeFleet High Mount SS & CS Exterior Mirrors $531
X Base - Flush Mounted, Single Slider Opening, Rocker Latch Handle, 75% Green, 5mm Tempered
Glass $0
X
Special Request - Reference Template
- Single-Piece, Flush Mounted, 50% Grey, 5mm Tempered Glass
- Add tip-in option for top section
$9,185
X Base - 2 Egress Windows (2 SS)$0
X Base - Eberspaecher 136 All Electric HVAC - R134a refrigerant, 30 kW cooling, 16 kW heating
(110F to 80F in 30 min. Meets Modified Houston Pull Down) $0
X Base - None $0
X Base - 1 x Opaque Manually Operated $0
X Mounted on Front bumper, toward street side of bus $40
X Base - Square Key for Exterior Access Panels
(Except the Access Panel for the Master Battery Disconnect Switch which remains unlocked) $0
X Sportworks 2 position - APEX 2 - Stainless Steel Finish $1,517
X Base - No Sensor Installed $0
X
Wrap - Reference Teamplate
- Wrap design provided by customer
- Install wrap on the base bus gel coat finish
$10,000
X Base - Proterra Decal Package Biligual (English & Spanish)$0
X Full Enclosure (Arow Global)
- MV308 Driver Protection System with Standard Glass $9,944
X Base - Altro Meta 2.7 (Color = STORM)$0
X Base - Overhead LED Interior Lighting - White $0
X Base - None $0
X Special Request - Reference Seating Template $791
X Special Request - Reference Passenger Assist Template $647
X Base - 6 Grey Nylon Prima Grab Straps w/ Plastic Knuckle $0
X Base - Ventura Pneumatic, Rear door is In-Swinging $0
OPTION TRACKER
Access Door Latch/Locks
Interior Lighting
Fare Collection
TS 9 Overhead Charging Interface
TS 5.10 Fire Detection / Suppression
Tow Connections
TS 46.4 Drivers Controls
TowingTS 25
TS 32.1
TS 47
TS 33 Steering Wheel
Propulsion System (Electric)
Energy Storage System
TS 9 Electric Drivetrain
Wheels (22.5 x 9")
Driver Foot Controls
TS 32.2
TS 46.6
TS 79.5
Bike Rack SensorTS 70.2
TS 75.9
TS 76
Appearance (Exterior Graphics)TS 71.1
Winter Weather Package
Operator's BarrierTS 75.1
Decals, Numbering and SignalingTS 72
TS 75.8
Passenger Doors
TS 66
Passenger WindowsTS 53.4
TS 69.2
TS 70.2 Bike Rack
TS 53.2 Emergency Exit (Egress)
Passenger Seating
Floor Covering
Front License Plate Holder
TS 79 Passenger Assists (Stanchions)
Overhead
TS 78
TS 62 Hatches
TS 54 HVAC
Driver's Seat
Note: If these buses are subject to
CMVSS, a 3-point seat belt is
required.
TS 49
TS 49.8
TS 46.3 Visors / Sun Shades
TS 9
Mirrors (Exterior)
Driver's Amenities
TS 52 Driver's Side Window
Wheel & Tire Accessories
TS 9 Charge Ports
Tires
CONFIDENTIAL Page 2 of 9
6/16/2021
Approved by:
Customer: ______________________________
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
Option Tracker - Bus Configuration
REV C02
Customer Town of Avon Option Content Pricing (Per Bus):$109,773
Number of buses 2
Bus Length / Model 35' ZX5
Contract/P.O. #PA-2021-001-AVON
Tentative Delivery Date TBD
Proterra Tech Spec Category Customer
Selection Option Price
Impact
OPTION TRACKER
X BASE - Driver Controlled Rear Door $0
X Base - Dual Redundant System (Sensitive Edge + Motor Feedback)$0
X Ricon 6:1 $2,982
X Base -2 ADA Positions with 4-point ADA securement system (Q'Straint)Incl. Seat Quote
X
Luminator, Amber
- Front 16x160
- Curbside 14x112
$2,598
X Add 11" Advertisment Holders (standard is 14")$286
X Base - None $0
X Pull Cords, Single Switch on Stanchion Forward of Rear Door $393
X Base - Touch Pad on Seat $0
X Base - Backlit “Stop Requested” sign, Transign #SRD300 $0
X
Special Request - Reference Surveillance Template
- Safety Vision , 8 Camera System
- 3 Exterior & 5 Interior Cameras
- 12-Channel Recorder, Panic Button & UPS Back-up Battery
$8,595
X
Special Request
- REI CD-3000 AM/FM/CD/PA System
- Gooseneck mic with activation button
$0
X Base - None $0
X Base - None $0
X Base - Covert switch Triggers Destination Sign Emergency Message ONLY $0
X
Special Request
- Motorola APX-4500, handheld mic, mic clip, 800MHz antenna
- Install control unit in the electronics compartment
- Install remote panel on right side of driver's dash (Ref. Driver's OH Panel Template)
$7,421
X Base - None $0
X Base - None $0
X ADA alarm (exterior alarm) will sound with the left or right turn signal, switch in the drivers area
to enable/disable the exterior alarm.$1,508
X
Special Request
- Add USB port for charging devices in the driver's area $150
X
Special Request
- Swap Parking Brake switch with Motor Shutdown Override switch $1,091
Other
Destination Signs
Interior Document Holders and
Advertising
ADA Stop Request Signal Type
Passenger Stop Request / Exit Signal
TS 86.4 ITS
Event Data Recorder
TS 83
TS 81.5 Wheelchair Accomodations
Stop Requested-Next Stop Sign
Voice/CB (2-way) Radio System
Emergency Alarm
TS 86.2
TS 85
TS 87
TS 86.4.4
Loading Systems for Low-Floor Bus
(ADA Ramp)TS 81.1
Exterior Advertising
TS 84
TS 86.6 Interior Passenger Display Monitors
Door Safety
TS 86.5
Automatic Passenger Counter (APC)TS 86.3
TS 80
Camera Surveillance System
Public Address System
TS 86.1
Rear Door Operation
TS 88 Pedestrian Turn Warning System
CONFIDENTIAL Page 3 of 9
6/16/2021
Approved by:
Customer: ______________________________
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
Option Tracker - Charger Configuration
REV C02
Customer Town of Avon Option Content Pricing (Per Unit):$35,550
Bus Length / Model 35' ZX5
Number of chargers 3
Contract/P.O. #PA-2021-001-AVON
Tentative Delivery Date TBD
Proterra Tech Spec Category Customer
Selection Option Price
Impact
X Custom (describe here)
Star-Point Junction Box for 125kW + Remote Dispenser $31,500
X 25' CCS Cord $550
X Pedestal Mounting $750
X 60kW or 125kW Plug-In Charger Commissioning (per PCS unit)$2,750NACharger Commissioning
CHARGER
NA SAE J1772 CCS Type 1 Plug-In Chargers
NA Plug-In Charger Accessories
CONFIDENTIAL Page 4 of 9
6/16/2021
Configuration as noted above approved by:
Customer: ____________________________________
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
Option Tracker - Warranty Options
REV C02
Customer Town of Avon Option Content Pricing (Per Bus):$0
Number of buses 2
Bus Length / Model 35' ZX5
Contract/P.O. #PA-2021-001-AVON
Tentative Delivery Date TBD
Warranty Area Warranty Terms: Template Name Covered Items Warranty
Type Duration Unit of Time Warranty Applicable
(Indicate "Y" if Yes) Price Extended Price
Body Warranty Package Body Warranty Package - 12 Year/600,000 Std
Main Monocoque Structure & Corrosion
Non-Structural Body elements of: Monocoque
Body, Composite Materials
Component within the Structural and Body
Warranty against rust-through.
Standard 12 Years Y N/C N/C
Chassis Package Chassis Package - 2 Year/100,000 Std Standard 2 Years Y N/C N/C
Complete Vehicle (DuoPower)Complete Vehicle (DuoPower) - 1 Year/50,000 Std Standard 1 Years Y N/C N/C
Control Systems Package Control Systems Package - 2 Year/100,000 Std Standard 2 Years Y N/C N/C
HV Power Electronics & Cooling
Package HV Power Electronics & Cooling Package - 2 Year/100,000 Std Standard 2 Years Y N/C N/C
HVAC Package HVAC Package - 2 Year/100,000 Std Standard 2 Years Y N/C N/C
Propulsion System Package
(DuoPower)Propulsion System Package (DuoPower) - 2 Year/100,000 Std Standard 2 Years Y N/C N/C
Vehicle Structural Package Vehicle Structural Package - 3 Year/150,000 Std Standard 3 Years Y N/C N/C
Battery Battery - State of Health - 6 Year Std Battery (ESS) - Standard State of Health –
6yr/usage per warranty document Standard 6 Years Y N/C N/C
Battery Battery - Base Materials and Workmanship - 6 Year Std Battery (ESS) - Base Materials and
Workmanship – 6yr/Unlimited Standard 6 Years Y N/C N/C
ADA Ramp ADA Ramp - 2 Year/100,000 Std Standard 2 Years Y N/C N/C
Destination Signs Destination Signs - 2 Year/100,000 Std Standard 2 Years Y N/C N/C
Door Systems Door Systems - 2 Year/100,000 Std Standard 2 Years Y N/C N/C
Fire Suppression Fire Suppression - 2 Year/100,000 Std Standard 2 Years Y N/C N/C
Low Voltage Power Low Voltage Power - 2 Year/100,000 Std Standard 2 Years Y N/C N/C
Seats Seats - 2 Year/100,000 Std Standard 2 Years Y N/C N/C
Windows Windows - 2 Year/100,000 Std Standard 2 Years Y N/C N/C
Charger Depot Charger Depot - 2 Year Std Standard 2 Years Y N/C N/C
Includes the structural elements of the
following: Suspension, Front & Rear,
Powertrain Cradle, Including Support Members
Place a "Y" in column "G" for all applicable warranties. All Extended Warranties are designated by Orange Boxes.
Any warranty coverage requested by the customer not listed in the trracker would be considered a "Custom Warranty" and should be entered at the bottom of the page with a detail description of coverage.
For pricing see Warranty Pricing sheet or contact the Warranty Manager.
Note **Extended Warranty Duration shown is added to the Standard Warranty Duration (I.E. If Standard Warranty Duration is 2 years and the customer is seeking 5 years of coverage you will choose the 3 year extended warranty)
Axles, Steering, Brakes & Suspension, ABS
Controller, Front Suspension/Axle Assy, Rear
Suspension Assy, Air Bags/Shocks, Ride Height
Controller, Ride Height Sensors, Air
Compressor, Air Dryer, Brake Calipers, Wheel
Speed Sensors, Power Steering Pump/MotorLimited Warranty
ZR Vehicle Controller, Multiplex, Powertrain
Controller, DMUX, Charge Controller, WCCM
(Pantograph), Data Logger, Ride Height
Controller, Body Controller, ABS Controller
VFD, DC-DC, EMP Pump, HV Junction Box,
Radiator, Grayson Pump (if equipped)
Traction Motors, Traction Motor Inverter, Gear
Boxes, Planetary Units, Oil Pumps
WARRANTY
CONFIDENTIAL Page 5 of 9
6/16/2021
Approved by:
Customer: ______________________________
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
Option Tracker - Training Options
REV C02
Customer Town of Avon Option Content Pricing (Per Order):$0
Number of buses 2
Bus Length / Model 35' ZX5
Contract/P.O. #PA-2021-001-AVON
Tentative Delivery Date TBD
Proterra Tech Spec Category Customer
Selection Option Price
Impact
X Base - Up to 8, 2hr classes (16hrs total)$0
X Base - 1, 2-4hr class (8hrs total)$0
X Base - 4, 4hr classes (16hrs total)$0
X
Option 1
3, 16hr classes (Maintenance 1, Maintenance 2, Advanced Diagnostics and
Troubleshooting)
*Dependant on agency's needs/availability
**This option requires the same student roster for each session
***Classes are typically delivered 30 days after vehicle delivery, 120 days after
vehicle delivery, and 30 days prior to the end of the 1st year of warranty
respectively
$0
X Base - 1, 8hr class $0
NA Bus Maintenance Training
NA Charger Maintenance Training - PCS
Chargers
TRAINING
NA Operator Training - Depot Charge
NA FSR Familiarization Coaching (Introduction
to the bus)
NA First Responder Training
CONFIDENTIAL Page 6 of 9
6/16/2021
Configuration as noted above approved by:
Customer: ____________________________________
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
Option Tracker - Manuals Options
REV C02
Customer Town of Avon Option Content Pricing (Per Order):$0
Number of buses 2
Bus Length / Model 35' ZX5
Contract/P.O. #PA-2021-001-AVON
Tentative Delivery Date TBD
Proterra Tech Spec Category Customer
Selection Option Price
Impact
X Base - Unlimited view/download access to electronic PDF on ShareFile.$0
X Base - Unlimited view/download access to electronic PDF on ShareFile.$0
X Base - Unlimited view/download access to electronic PDF on ShareFile.$0
X Base - Unlimited view/download access to electronic PDF on ShareFile.$0
X Base - Unlimited view/download access to electronic PDF on ShareFile.$0
NA Quick Reference Guides
NA Electrical Schematic
MANUALS
NA Maintenance and Repair Manual
NA Parts Manual
NA Operator Manual
CONFIDENTIAL Page 7 of 9
6/16/2021
Configuration as noted above approved by:
Customer: ____________________________________
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
Option Tracker - Diagnostic Tools Options
REV C02
Customer Town of Avon Option Content Pricing (Per Order):$6,512
Number of buses 2
Bus Length / Model 35' ZX5
Contract/P.O. #PA-2021-001-AVON
Tentative Delivery Date TBD
Proterra Tech Spec Category Customer
Selection Option Price
Impact
NA Proterra Diagnostic Software License X Each $5,000
NA NEXIQ USB-LINK (WiFi) & NEXIQ J1962 Adaptor-
Required for Proterra Diag Software X Each $1,512
DIAGNOSTIC EQUIPMENT AND SPECIAL TOOLS
CONFIDENTIAL Page 8 of 9
6/16/2021
Configuration as noted above approved by:
Customer: ____________________________________
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
Option Tracker - Parts Service Options
REV C02
Customer Town of Avon Option Content Pricing (Per Order):$50,007
Number of buses 2
Bus Length / Model 35' ZX5
Contract/P.O. #PA-2021-001-AVON
Tentative Delivery Date TBD
Proterra Tech Spec Category Customer
Selection Option Price
Impact
X 35' Recommended Spares $50,007Initial Recommended Spare Parts NA
PARTS AND OTHER SERVICES
CONFIDENTIAL Page 9 of 9
6/16/2021
Configuration as noted above approved by:
Customer: ____________________________________
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BABATTACHMENT B: Proterra Contract
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
32
ATTACHMENT 2
BUS TECHNICAL SPECIFICATIONS
See attached pages
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
Description ZX5 ZX5+
ZX5 VEHICLE WITH DUOPOWER™ DRIVETRAIN
Total Energy kWh 225 450
Operating Efficiency*
kWh/mile 1.5-2.0 1.6-2.3
MPGe 18.8-25.1 16.4-23.5
Operating Range*Miles; Usable energy/Operating efficiency 95-125 172-240
Top Speed (Proterra-governed)mph (per tire rating)65 65
Acceleration
(at SLW, seconds)
0 to 20 mph 5.6 5.7
20 to 50 mph 14.7 12.3
Gradability
(top speed at % grade, at SLW, mph)
5%56 65
10%38 50
15%27 32
Max Grade (at SLW)33%29.5%
Horsepower
Peak 338 550
Continuous 170 338
Motor Dual independent 205 kW motors ••
Gearbox Proterra 2-speed auto-shift EV gearbox ••
Curb Weight lbs 26,358 29,658
Max Gross Vehicle Weight Rating lbs 42,000 42,000
ZX5 VEHICLE WITH PRODRIVE DRIVETRAIN
Total Energy kWh 225 450
Operating Efficiency*
kWh/mile 1.6-2.0 1.7-2.4
MPGe 18.8-23.5 15.7-22.2
Operating Range*Miles; Usable energy/Operating efficiency 94-124 164-227
Top Speed (Proterra-governed)mph (per tire rating)65 65
Acceleration
(at SLW, seconds)
0 to 20 mph 5.9 6.1
20 to 50 mph 20.9 23.1
Gradability
(top speed at % grade, at SLW, mph)
5%48 44
10%29 28.5
15%24 21.5
Max Grade (at SLW)26%23.5%
Horsepower
Peak 335 335
Continuous 170 240
Motor Single 250kW permanent magnet drive motor ••
Gearbox Proterra 2-speed auto-shift EV gearbox ••
Curb Weight lbs 26,558 29,858
Max Gross Vehicle Weight Rating lbs 42,000 42,000
CHARGING
Max Plug-in Charge Rate at 200A kW 73 132
Max Overhead Charge Rate kW 165 330
Overhead Charging
Miles replenished per 10 minutes **24 33
Est. time Empty to Full***1.8 hrs 2.0 hrs
Plug-in Charging Est. time Empty to Full***1.8 hrs 2.9 hrs
*Operating range and efficiencies approximated from simulations based on Altoona testing results at SLW, and will vary with route conditions, weather, vehicle configuration and driver behavior.
** ProDrive powertrain efficiencies | *** Charge time will vary depending on charger type. Estimated charge time empty to full based on 0-97%
35 FOOT BUS
PLATFORM SPECIFICATIONS
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
Description
VEHICLE DIMENSIONS
Length 443"
Height 128"
Width (without mirrors)102"
Width (with mirrors)118.8"
Wheelbase 243"
Approach Angle 9.3°
Breakover Angle 7.8°
Departure Angle 9.3°
Turning Radius 432"
INTERIOR
Seating Capacity 29
Door Width Front 43.2", Rear 49.1"
Lighting LED interior lighting system
Handles Stainless-steel stanchion system
Stop Request ADA pull cord or touch tape stop request
Doors Senstive edges on both front and rear door
Wipers Electric wipers and washers
HVAC Overhead integrated system
EXTERIOR
Bus Body Carbon-fiber-reinforced composite material
Tires Standard: Michelin 315/80R22.5
Exterior Lights LED
BRAKES & SUSPENSION
Braking System Regenerative braking; front & rear air disk brakes
Traction 4-wheel ABS with optional traction control
Suspension Multi-Link Air Ride rear suspension
ELECTRICAL SYSTEM
Battery System Integrated battery management system
Low Voltage Two, Group 31 700 CCA 12v batteries
Charge Ports J1772 CCS: One port standard at curb-side rear, 2nd port optional at street-side rear or curb-side front
Overhead Charging Optional
Plug-in Charging Universal standard J1772-CCS
Overhead Charging Universal standard J3105
ADA
Two ADA locations, one on each side of the aisle directly behind the front wheel
ADA securement system
Front ADA power wheelchair ramp (4:1, 6:1 slope)
Rear door modesty panels
Aisle width between front wheel wells: 35.7"
WARRANTY
Vehicle Complete Bus - 1 year or 50,000 miles
Extended warranties and service contracts available upon request
Batteries 12 years / unlimited miles, materials and workmanship
SPEC_35_002_2020_Q435 FOOT BUS
PLATFORM SPECIFICATIONS
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
33
ATTACHMENT 3
CHARGING STATION TECHNICAL SPECIFICATIONS
See attached pages
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
SPECIFICATION
125KW POWER CONTROL SYSTEM
General
Model 125 kW Power Control System
Part Number 033713
Required system components Proterra Dispenser
CCS Type 1 Cable
Electrical Input
Nominal Power –Continuous 138 kVA
Input Voltage 480VAC,5-Wire WYE (L1, L2, L3, Neutral, Ground)
Input Current 166A @ 480VAC,60Hz
Input Frequency 60 Hz
Power Factor >0.995
Maximum Efficiency >90%
THD –Full Power <3%
Electrical Output
Output Power Capability –Continuous 125 kW
Output Voltage 500-1000VDC 125kW
270-499VDC 60kW
Output Current ±200ADC
Charging Module Remote dispenser with vehicle interface
Mechanical
Cooling Liquid cooled –closed loop, exchanger integrated
Weight 2500 lb
Dimensions Width 40 inches
Depth 23.6 inches
Height 85 inches
Environmental Rated NEMA 3R
Wall Clearance Side 6 inches
Back 1 inch
Adjacent Unit Clearance Side 1 inch gap
Back 1 inch gap
Door Clearance Facing open space 36 inches
Facing another door 48 inch gap
Environmental
Operational Temperature Range -35°C to 55°C
Humidity 0%to 95%
Altitude De-rates over 2000m above sea level
Communications Protocols
Remote management OCPP 1.6 via 4G Cellular
Vehicle Communication SAE J1772 CCS
Certifications
UL 2202, 2231
1DOCUMENT 038145 A02 SPECIFICATION, 125KW PCS
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
May 29th, 2020
Town of Avon
500 Swift Gulch Rd, Avon, CO
Re: Proterra – Construction and Installation for three (3) new 125kW DC EV Bus Charging Station
Dispensers.
Dear Ms. Wilson,
We are pleased to provide this quote related to the above referenced project. We have provided a price for the
installation of three (3) proterra 125kW PCS DC charging system dispensers at the Town of Avon bus yard located at 500
Swift Gulch Rd, in Avon, Colorado.
Project Scope Overview:
Town of Avon is planning to procure electric transit buses for use in the Avon Colorado area. In support of this
deployment Proterra shall submit this proposal for construction and installation services to install three (3) 125kW PCS
charging system dispensers and the necessary electrical distribution equipment and connections to the building electrical
system.
The project includes installing three (3) new Proterra charging dispensers to be mounted inside the bus garage located at
500 Swift Gulch Rd, in Avon, CO. The 125kW Proterra Charging cabinets will already be installed as part of an existing
contract with Eagle County, this proposal is to add three (3) additional dispensers to those charging cabinets.
Scope of Services- Installation Scope:
· Install protective steel 6” diameter bolt down traffic bollards to protect three (3) charging dispensers. Ten (10)
bollards total.
· Unload three (3) Proterra charging dispensers upon their arrival at installation site.
· Mount three (3) Proterra Charger Dispensers and associated charge cable hook to existing concrete floor in
garage, fed from the existing junction boxes at charger cabinets installed under the original contract.
· Install two (2) 1.5” EMT conduits from the existing Proterra PCS charger junction boxes to each of the new
dispensers.
· Conduits will be installed on existing racking along the wall above the garage doors approx. 15’ AFF to the three
(3) locations indicated as future on the existing engineered plans dated 4/1/2020.
· Terminate all cabling from each of the Proterra Junction boxes to the Proterra Charger Dispensers. Check
voltages, perform testing and power on the charger dispenser equipment.
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
· Provide 8 hours of manpower for testing with Proterra
· Maintain a competent supervisor onsite at all times when work is being performed.
· Maintain a neat and tidy jobsite, with general housekeeping as a high priority.
· Provide safety work plans and progress reports weekly to Proterra and Town of Avon.
Scope Exclusions:
· Does not include cost for charger equipment.
· Design and engineering costs are excluded.
· Work is assumed to be performed while Proterra contractors are already onsite.
· Does not include overtime or off-shift work.
Fee Schedule
Lump Sum Contract Price : $89,520.00
This quote is made subject to contract and without prejudice. Proterra shall not commence any work on the
project until the parties have executed a contract.
This quote shall expire in 30 days.
Best regards,
David Nguyen
Infrastructure Project Manager
Proterra, Inc.
Cc: Andre Lalljie, Proterra Director of Infrastructure
Cc: Nishant Dixit, Proterra Business Engagement Manager
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
Contract No. PA-2021-001-AVON
Battery Electric Buses
Version No. 05 Dated June 16, 2021
34
ATTACHMENT 4
WARRANTY PROVISIONS
See attached pages
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
CS-OTH-017 3/31/2021
Proterra, Inc. (“Proterra”) warrants to the original purchaser/lessee (“Customer”) that its Proterra ZX5 / ZX5+ / ZX5
Max - Series Battery Electric Transit Bus will be free from defects in material and workmanship under normal use
and when properly serviced. Proterra agrees to repair or replace defective parts with either new, or re-certified parts
when available, subject to the terms and conditions set forth herein.
NOTE: This Warranty does not include Proterra High Voltage Battery Packs. Please refer to the Battery Pack Limited
Warranty section.
The final determination of required repairs or parts replacement shall be the sole discretion of Proterra. This Proterra
Transit Bus Complete Vehicle Limited Warranty (“Warranty”) is a limited warranty subject to the terms and conditions
stated in the sections below.
EXCEPT FOR THE OBLIGATIONS, WARRANTIES AND REPRESENTATIONS SPECIFIED HEREIN, PROTERRA
MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY
DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND SPECIFICALLY DISCLAIMS ANY
WARRANTY ARISING BY USAGE OF TRADE OR BY COURSE OF DEALING.
This Warranty is comprised of two sections; Section A applies to the Complete Vehicle, Vehicle Structural Warranty,
and Body Warranty. Section B applies to the Major Components listed below.
Proterra will reimburse the customer for the parts and labor as published in the Proterra Standard Repair Time Guide
(“SRT”) and shall follow local ordinances as necessary and if applicable in accordance with the terms of this warranty
and the purchase/lease agreement, along with associated freight costs to provide required replacement parts during
the warranty time period identified below.
Warranty repairs may be performed by the Customer, an authorized warranty provider, or Proterra only and must
adhere to the terms and conditions outlined in the following statement of warranty. All components replaced under the
warranty are exclusive property of Proterra Inc. and must be returned following the procedures set forth in the “Part
Return” section of the warranty manual.
Proterra, at its sole discretion or as part of a Proterra Service Plan, may perform warranty repairs at the Customer
location. Costs associated with these repairs will be at the expense of Proterra during standard operating hours.
Emergency afterhours warranty support may be performed at the request of the Customer for a fee.
At Proterra, safety is of the utmost importance for our customers and our employees. Therefore, we require our
customers to have and maintain the necessary safety equipment, in accordance with state and local OSHA regulations,
for the use of any Proterra employee, or authorized provider, that may be performing or assisting with repairs at the
Customer’s location. This includes but is not limited to, fall restraints, proper lifting equipment and jack stands. Proterra
employees will not be permitted to perform any repairs without the necessary safety equipment being provided.
PROTERRA TRANSIT BUS COMPLETE VEHICLE LIMITED WARRANTY
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
CS-OTH-017 3/31/2021
This section includes manufactured or assembled components and systems, including some purchased
assemblies listed below.
Proterra Complete Vehicle Limited Warranty
1 Year / 50,000 Miles, whichever occurs first.
(1 Year / 80,467 Kilometers, whichever occurs first).
Coverage includes all components and workmanship that
were provided with the Complete Vehicle from the factory.
Excludes:
Normal maintenance items or wearable items including, but not
limited to, brake pads, filters, light bulbs, fuses, circuit breakers,
bushings, or any consumable items that are the sole
responsibility of the Customer
Provided Customer Equipment, including but not limited to,
cameras, fare boxes, counters, and ITS components.
Adjustments, Alignments and/or loose hardware after the first90 days following vehicle acceptance.
Vehicle Structural Warranty
3 Year / 150,000 Miles, whichever occurs first.
(3 Year / 241,401 Kilometers, whichever occurs first).
Includes the structural elements of the following:
Suspension, Front & Rear, Powertrain Cradle, Including
Support Members.
Excludes:
Physically damaged components due to accidents or other
impacts.
Modified/Repaired components that were damaged and
repaired after collision.
Body Warranty (Monocoque Assembly)
12 Year / 500,000 Miles, whichever occurs first.
(12 Year / 804,672 Kilometers, whichever occurs first).
This applies to any structural and/or workmanship defects
discovered in the Monocoque structure.
Excludes:
Non-structural members.
WARRANTY TERMS SECTION A – PROTERRA TRANSIT BUS – STANDARD BASE WARRANTY COVERAGE
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
CS-OTH-017 3/31/2021
This section includes major components purchased and installed by Proterra and listed below and is guided by the
manufacture warranty. Each item listed in Section B is covered for 2 years or 100,000 miles (160,934 Kilometers),
whichever occurs first.
Propulsion System
Warranty
System Components including but not limited to; Traction Motor, Traction Motor Inverter,
Transmission, Drive Shaft, Output Flange, Differential, Gearboxes, Planetary Sets, and Axle shafts,
Oil pump(s), and all internally lubricated parts.
Excludes: Lack of maintenance and/or physically damaged components
HV Power Electronics
and HV Cooling
Warranty
System Components including but not limited to, VFD, DC-DC, HV Junction Box, Radiator, and Battery
Coolant Pump(s), Contactors, Shunts and Buss Bars.
Excludes: Lack of maintenance and/or physically damaged components
HVAC Warranty System Components including but not limited to, Condenser, Compressor, Controller, HVAC
Inverter, Evaporator, Receiver/Drier, Blower Fan, Ducting, Thermostat/Thermistor, VFD, and
related Sensors and Switches.
Excludes:
Maintenance items/filters
Debris from external sources (e.g. leaves, dust/dirt)
Routine Recharge/System Tests
Lack of maintenance
Physically damaged components
Control Systems &
Driver Convenience
Warranty
System Components including but not limited to, ZR Vehicle Controller, Multiplex, Powertrain Controller,
D-MUX, Charge Controller, WCCM (Pantograph), Factory Telemetry/Data Logger, Ride Height
Controller, Body Controller, Defroster and Blower Motor, Driver Workplace Controls and Switches,
Excludes:
Modifications to system architecture
Physically damaged components
Chassis System
Warranty
System Components including but not limited to, ABS Controller, Air Bags/Shocks, Ride Height
Linkage/Sensors, Ride Height Controller, Ride Height Manifold, Air Compressor, Air Dryer, Brake
Calipers, Wheel Speed Sensors, Power Steering Motor and Pump, Steering Linkage and Gear.
Excludes:
Air Compressor Filter & Oil Separator Maintenance
Lack of maintenance
Physically damaged components
Auxiliary Heater
Warranty
System Components limited to added components within the Auxiliary Heating Option if selected by
the Customer. This includes, Auxiliary Heating Unit, Aux. Heat Fuel System Components, Aux.
Blower Motor(s), Aux. Ducting, Aux. Thermistor(s), and Aux. Control(s) as equipped per
specification.
Excludes:
Maintenance items/filters
Debris from external sources (e.g. leaves, dust/dirt)
Lack of maintenance
Physically damaged components
WARRANTY TERMS SECTION B ‐ PROTERRA TRANSIT BUS – STANDARD MAJOR COMPONENT COVERAGE – 2YR/100K
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
CS-OTH-017 3/31/2021
LOW VOLTAGE 12/24 BATTERY POLICY
Configuration
Package Warranty
Subsystem Components including but not limited to, Wheelchair Access Ramp(s), Wheelchair
Securement System(s), Door System(s), Windows, Destination Signs, Fire Suppression System,
and Seating. This includes associated components within each system ordered and identified by the
Sales Contract.
This is contract-specific coverage based on Customer’s selected Options.
Excludes:
Glass breakage, wear and tear
Refilling and/or certification of fire suppression bottles
Seat Covers and Upholstery
Physically damaged components
The following conditions are not covered by this Warranty:
Alteration or modification of any part of the Product with any third-party item,
Misuse or negligent use of the bus, including but not limited to Customer’s, or a third-party’s, failure to
follow Proterra’s Operating Manual,
Intentional or accidental collision and/or other physical damage.
Acts of Nature,
Neglect or Failure to perform the Preventative Maintenance as outlined in the maintenance documentation
for the Product,
Unauthorized use or operation outside of the terms and conditions of the applicable lease contract,
Improper maintenance and repair, or
Intentional acts of destruction, tampering or vandalism.
Adjustments and Alignments past the first 90 days after the bus is delivered to the Customer’s site.
Normal maintenance items or wearable items including, but not limited to, brake pads, filters, light bulbs,
fuses, circuit breakers, bushings, or any consumable items.
Oil, coolant, refrigerant and other fluids are not covered except when used in conjunction with a covered
repair as identified in the Proterra Service Manual.
Any physical damage to Product while in transit to Customer site. This includes shipping damage by carrier
delivering a bus. Any damage incurred while in transit will require a claim being filed to the transportation
company.
Body paint and/or vehicle wraps are not covered by this Warranty. Speak to a Proterra representative
regarding paint and/or vehicle wrap warranty.
Proterra warrants the original 12/24V low voltage batteries during the first 90-day period upon delivery of the Proterra
Bus and is not extendable. No claims for these batteries will be accepted after the original 90-day period.
For approved low voltage battery replacements during the Warranty period, Customer shall acquire battery at their
local vendor and submit for reimbursement through the Warranty Claim submission process outlined within this
manual. Customer is advised to contact their local battery vendor for replacement low voltage batteries when required.
Proterra will not sell nor ship low voltage batteries through its Service Parts Operation.
Any subsequent battery failures will be subject to the warranty terms provided from the local battery vendor.
WHAT IS NOT COVERED:
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
CS-OTH-017 3/31/2021
DELAYED WARRANTY STARTS
PLEASE SEE THE PROTERRA TRANSIT WARRANTY MANUAL FOR ALL SERVICE, PARTS AND WARRANTY POLICIES AND
PROCEDURES
The Warranty term starts on the Date of Acceptance for each Product in accordance with the terms of the applicable
purchasing contract.
Proterra administers the warranty process, and all warranty claim approvals are at the sole and absolute discretion of
Proterra.
In connection with any claim brought under this Warranty, the Customer must submit a completed Proterra Warranty
Claim Form along with a copy of their internal work order, showing technician punch times, and any additional
applicable documentation. Customer is required to retain any parts related to a Warranty transaction for thirty (30)
days from the date that the claim has been approved. Proterra reserves the right to request any removed parts be
returned at any time during the 30-day period.
Customer also has thirty (30) days to return any parts that are identified as “Core” parts or will be charged the applicable
“Core Charge”. Proterra may perform an inspection of the failed component and supporting documentation to make a
claim determination. Proterra will not provide any compensation, labor, repairs, or replacement part to the Customer
without the above documentation.
Proterra reserves the right to adjust the approved amount to align with the current published SRT guide if excess
amounts are claimed without prior authorization from Proterra.
NOTE: Towing coverage is only reimbursed during the initial Transit Bus Complete Vehicle Limited Warranty for 1
Year/ 50,000 miles, whichever occurs first. All towing claims must be accompanied the warranty repair order and the
towing invoice from the provider. Proterra will not pay mark-up on any sublet claims.
For assistance with any warranty claim transactions, please email warranty@proterra.com for support. Please
include vehicle VIN, current odometer, unit number, claim number and/or invoice in your correspondence.
A Delayed Warranty Start may be granted for the Customer to ready the Product for revenue service. This Delayed
Warranty Start period shall not exceed 30 days after the Date of Acceptance for each Product and must be approved
in writing by Proterra.
This period will allow for Customer to install any necessary equipment, have graphics applied, or any other service
readiness activities.
For Delayed Warranty Start approval, the Customer must apply for this added time as part of the Purchase Agreement
for the Product, or by submitting the Delayed Warranty Start Application included in the Forms Section of the Appendix.
ACTIVATION OF WARRANTY
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
CS-OTH-020 2170 Limited Battery Pack Standard Warranty 12-7-2020
Subject to the terms, conditions and limitations set forth in this Battery Pack Limited Warranty (the “Warranty”),
including, without limitation, the Approved Use Conditions, Proterra, Inc. (“Proterra”) warrants to the original purchaser
or lessee (individually or collectively, the “Customer”) that its high voltage battery pack (the “Battery Pack”) for the
Proterra ZX5 / ZX5+ /ZX5 Max - series battery-electric bus will be free from defects in materials and workmanship.
This Warranty covers the parts, labor (if applicable and in accordance with the terms of this Warranty and/or any
purchase or lease agreement), and freight costs incurred during the Warranty Period.
The Battery Pack may not be serviced by the Customer, or any third-party maintenance provider, without having
completed the proper factory training and have successfully been certified by Proterra to service the Battery Pack. Any
servicing of the Battery Pack by the Customer, or any third-party maintenance provider, without having become
Proterra-Certified will void the Warranty. Proterra, or a Proterra-Certified technician, will perform all necessary repairs
to the Battery Pack.
As it pertains to this section, the following terms are defined:
“Gross Discharge Throughput” means the total energy discharged through the Battery Pack during its life, including
energy from external chargers and energy recuperated from regenerative braking. The Gross Discharge Throughput
will be tracked by the BMS at the Battery Pack level and reported through the onboard vehicle telemetry system.
“Nameplate Energy” means the amount of energy stated in the specifications, bid proposal, and/or contract, divided
by the number of Battery Packs (e.g., 4 Battery Packs at 400 kWh would have 100 kWh nameplate energy per Battery
Pack).
“Available Energy” means the amount of energy available between 0% state of charge (“SOC”) and 100% SOC -
This information can be obtained using the Proterra diagnostic tool and a snapshot thereof must accompany any
battery claims.
Battery Pack Material and Workmanship Warranty
6 Years / Unlimited Mileage
Coverage to include all materials, components and
workmanship of the Battery Pack to be free of defects.
Battery Packs with Nameplate energy of 112.5 kWh
6 Years / 200 MWh
For Battery Packs with 112.5 kWh of Nameplate Energy
and the Available Energy of 101 kWh in new condition,
Proterra warrants Available Energy of 81 kWh per Battery
Pack for 6 years, or 200 MWh of Gross Discharge
Throughput per Battery Pack, whichever comes first.
2170 BATTERY PACK LIMITED WARRANTY
2170 BATTERY PACK LIMITED WARRANTY TERMS
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
CS-OTH-020 2170 Limited Battery Pack Standard Warranty 12-7-2020
This Warranty includes the following Battery Pack components:
• Battery Modules
• Battery Management System (BMS)
• Battery Cooling System
• Battery Pack Enclosure
• Electrical, Mechanical, and Thermal Interfaces
• Manual Service Disconnect (MSD)
The following conditions are not covered by the Battery Pack Limited Warranty:
• Battery Packs that have been serviced by a non-Proterra-Certified technician without prior authorization by
Proterra.
• Alteration or modification of any part of the Product with any third-party item
• Misuse or negligent use of the bus, including but not limited to Customer’s, or a third-party’s, failure to follow
Proterra’s Operating Manual
• Intentional or accidental collision and/or other physical damage
• Acts of Nature
• Neglect or Failure to perform the Preventative Maintenance as outlined in the maintenance documentation for
the Product
• Unauthorized use or operation outside of the terms and conditions of the applicable lease contract,
• Improper maintenance and repair
• Intentional acts of destruction, tampering or vandalism
COMPONENTS INCLUDED IN BATTERY PACK LIMITED WARRANTY
WHAT IS NOT COVERED
DocuSign Envelope ID: 19A176CD-2ACB-4E95-A580-50B401634BAB
ATTACHMENT B: Proterra Contract
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Envelope Id: 19A176CD2ACB4E95A58050B401634BAB Status: Completed
Subject: Please DocuSign: Contract_Town of Avon - PA-2021-001-AVON.pdf
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Certificate Pages: 2 Initials: 0 Eva Brown
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1815 Rollins Rd
Burlingame, CA 94010
ebrown@proterra.com
IP Address: 216.14.2.242
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Holder: Eva Brown
ebrown@proterra.com
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John Walsh
JWalsh@Proterra.com
SVP
Proterra, Inc.
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ebrown@proterra.com
VP, Legal
Proterra, Inc.
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ATTACHMENT B: Proterra Contract
970-390-2014 ewilson @avon.org
TO: Honorable Mayor Smith Hymes and Council Members
FROM: Eva Wilson, Mobility Director
RE: Diesel Bus Purchase Agreement - Gillig
DATE: June 15, 2021
SUMMARY: For 2021, the Town of Avon was awarded up to 80% of $1,000,000 of CDOT FASTER funds
to purchase two (2) 35’ Diesel replacement buses. The required 20% local match funds are in the 2021
Avon Budget. The purchase of the buses will be through a 2015 Purchasing Consortium that was formed to
enhance the purchasing power of all Transit Agencies in Eagle County.
The Town of Avon has a trans it fleet size of eleven (11) buses of various sizes and ages. Six of the eleven
buses are beyond their useful life. This grant will enable Avon to replace two of our oldest diesel buses and
reserve the m as backup buses. This effort will bring our transit fleet size to thirteen (13.)
The approval of the State of Colorado Grant Agreement and the Gillig contract is presented to Council in
accordance with the Town’s Procurement Code which requires Council approval for contracts over
$100,000. The State of Colorado Grant Agreement is in a standard form that is non-negotiable. The Town
Attorney has reviewed and approved the form of these contracts.
RECOMMENDATION: I recommend Council approve the CDOT grant agreement and the CMPC
Purchase Agreement with Gillig.
PROPOSED MOTIONS: “I move to approve the State of Colorado Grant Agreement and the CMPC
Purchase Agreement with Gillig.”
Thank you, Eva
ATTACHMENT A - State of Colorado Grant Agreement
ATTACHMENT B – Colorado Mountain Purchasing Consortium Purchase Agreement with Gillig
STATE OF COLORADO GRANT AGREEMENT
COVER PAGE
State Agency
Department of Transportation
Agreement Number/PO Number
21-HTR-ZL-03274/491002260
Grantee
TOWN OF AVON
Agreement Performance Beginning Date
The Effective Date
Initial Agreement Expiration Date
December 31, 2022 Grant Agreement Amount
FASTER Funds Maximum Amount Fund Expenditure End Date
December 31, 2022 State Fiscal Year 2021
Local Funds
Total for all State Fiscal Years
$800,000.00
$200,000.00
$800,000.00
Agreement Authority
Authority to enter into this Agreement exists in
CRS §§43-1-106, 43-1-110, 43-1-117, 43-2-
101(4)(c), 43-4-811(2), SB18-001, SB17-228 and
SB17-267.
Agreement Purpose
The purpose of this Grant is for CDOT to disburse FASTER Transit Program Funds to Grantee to conduct
work within the provisions of this Grant. The work to be completed under this Grant by the Grantee is more
specifically described herein.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1. Exhibit A, Statement of Work and Budget.
2. Exhibit B, Sample Option Letter.
3. Exhibit C, Title VI-Civil Rights.
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such
conflict or inconsistency shall be resolved by reference to the documents in the following order of priority:
1. Exhibit C, Title VI-Civil Rights.
2. Colorado Special Provisions in §17 of the main body of this Agreement.
3. The provisions of the other sections of the main body of this Agreement.
4. Exhibit A, Statement of Work and Budget.
5. Executed Option Letters (if any).
Principal Representatives
For the State:
Brodie Ayers
Division of Transit and Rail
2829 W. Howard Place
Denver, CO 80204
brodie.ayers@state.co.us
For Grantee:
Eva Wilson
TOWN OF AVON
BOX D
AVON, CO 81620
ewilson@avon.org
DocuSign Envelope ID: 2763A202-10C6-43BF-9425-955D7D2CE436
ATTACHMENT A: State Grant Agreement
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this
Agreement and to bind the Party authorizing such signature.
GRANTEE
TOWN OF AVON
__________________________________________
__________________________________________
By: Print Name of Authorized Individual
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
__________________________________________
__________________________________________
By: David Krutsinger, Director
Division of Transit and Rail
Date: _________________________
2nd State or Grantee Signature if needed
__________________________________________
__________________________________________
By: Print Name of Authorized Individual
Date: _________________________
LEGAL REVIEW
Philip J. Weiser, Attorney General
__________________________________________
By: Assistant Attorney General
Date: __________________________
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Department of Transportation
Effective Date:_____________________
DocuSign Envelope ID: 2763A202-10C6-43BF-9425-955D7D2CE436
ATTACHMENT A: State Grant Agreement
TABLE OF CONTENTS
1. PARTIES................................................................................................................................................. 3
2. TERM AND EFFECTIVE DATE .......................................................................................................... 3
3. DEFINITIONS ........................................................................................................................................ 4
4. STATEMENT OF WORK ...................................................................................................................... 6
5. PAYMENTS TO GRANTEE ................................................................................................................. 6
6. REPORTING - NOTIFICATION ........................................................................................................... 7
7. GRANTEE RECORDS ........................................................................................................................... 8
8. CONFIDENTIAL INFORMATION - STATE RECORDS .................................................................... 9
9. CONFLICTS OF INTEREST ............................................................................................................... 10
10. INSURANCE ........................................................................................................................................ 10
11. BREACH OF AGREEMENT ............................................................................................................... 12
12. REMEDIES ........................................................................................................................................... 12
13. DISPUTE RESOLUTION .................................................................................................................... 13
14. NOTICES and REPRESENTATIVES .................................................................................................. 13
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 14
16. GENERAL PROVISIONS .................................................................................................................... 14
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 16
1. PARTIES
This Agreement is entered into by and between Grantee named on the Cover Page for this Agreement (the
“Grantee”), and the STATE OF COLORADO acting by and through the State agency named on the Cover Page
for this Agreement (the “State”). Grantee and the State agree to the terms and conditions in this Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be
expended by the Fund Expenditure End Date shown on the Cover Page for this Agreement. The State shall
not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to
pay Grantee for any Work performed or expense incurred before the Effective Date, except as described in
§5.D, or after the Fund Expenditure End Date. If the Work will be performed in multiple phases , the period
of performance start and end date of each phase is detailed under the Project Schedule in Exhibit A.
B. Initial Term
The Parties’ respective performances under this Agreement shall commence on the Agreement Performance
Beginning Date shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement
Expiration Date shown on the Cover Page for this Agreement (the “Initial Term”) unless sooner terminated
or further extended in accordance with the terms of this Agreement.
C. Extension Terms - State’s Option
The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the
Initial Term for a period, or for successive periods, of one year or less at the same rates and under the same
terms specified in this Agreement (each such period an “Extension Term”). In order to exercise this option,
the State shall provide written notice to Grantee in a form substantially equivalent to Sample Option Letter
attached to this Agreement.
D. End of Term Extension
If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, the State, at
its discretion, upon written notice to Grantee in a form substantially equivalent to the Sample Option Letter
attached to this Agreement, may unilaterally extend such Initial Term or Extension Term for a period not to
exceed two months (an “End of Term Extension”), regardless of whether additional Extension Terms are
available or not. The provisions of this Agreement in effect whe n such notice is given shall remain in effect
during the End of Term Extension. The End of Term Extension shall automatically terminate upon execution
of a replacement Agreement or modification extending the total term of this Agreement .
DocuSign Envelope ID: 2763A202-10C6-43BF-9425-955D7D2CE436
ATTACHMENT A: State Grant Agreement
E. Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado as determined
by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the
State, the State, in its discretion, may terminate this Agreement in whole or in part. A determination that this
Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate for
convenience. This subsection shall not apply to a termination of this Agreement by the State for Breach of
Agreement by Grantee, which shall be governed by §12.A.i.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §14. The notice shall specify the
effective date of the termination and whether it affects all or a portion of this Agreement, and shall
include, to the extent practicable, the public interest justification for the termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Grantee shall be subject to the
rights and obligations set forth in §12.A.i.a.
iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Grantee an amount equal
to the percentage of the total reimbursement payable under this Agreement that corresponds to the
percentage of Work satisfactorily completed and accepted, as determined by the State, less payments
previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State,
the State may reimburse Grantee for a portion of actual out -of-pocket expenses, not otherwise
reimbursed under this Agreement, incurred by Grantee which are directly attributable to the uncompleted
portion of Grantee’s obligations, provided that the sum of any and all reimbursement shall not exceed
the Grant Maximum Amount payable to Grantee hereunder.
F. Grantee’s Termination Under State Requirements
Grantee may request termination of this Grant by sending notice to the State, which includes the reasons for
the termination and the effective date of the termination. If this Grant is terminated in this manner, then
Grantee shall return any advanced payments made for work that will not be performed prior to the effective
date of the termination.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Agreement” means this agreement, including all attached Exhibits, all documents incorporated by
reference, all referenced statutes, rules and cited authorities, and any future modifications thereto.
B. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with
this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proc eedings under
any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a
receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 30
days after the institution of such proceeding, shall also constitute a breach. If Grantee is debarred or
suspended under §24-109-105, C.R.S., at any time during the term of this Agreement, then such debarment
or suspension shall constitute a breach.
C. “Budget” means the budget for the Work described in Exhibit A.
D. “Business Day” means any day other than Saturday, Sunday, or a legal holiday as listed in §24 -11-101(1),
C.R.S.
E. “CORA” means the Colorado Open Records Act, §§24 -72-200.1, et seq., C.R.S.
F. “Deliverable” means the outcome to be achieved or output to be provided, in the form of a tangible or
intangible Good or Service that is produced as a result of Grantee’s Work that is intended to be delivered by
Grantee.
G. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State
Controller or designee, as shown on the Signature Page for this Agreement.
H. “End of Term Extension” means the time period defined in §2.D.
DocuSign Envelope ID: 2763A202-10C6-43BF-9425-955D7D2CE436
ATTACHMENT A: State Grant Agreement
I. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the Cover Page
for this Agreement.
J. “Extension Term” means the time period defined in §2.C.
K. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this
Agreement and shall include any movable material acquired, produced, or delivered by Grantee in connection
with the Services.
L. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made
available for payment by the State under this Agreement.
M. “Grant Maximum Amount” means an amount equal to the total of Grant Funds for this Agreement.
N. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the
unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or
information resources of the State, which are included as part of the Work, as described in §§24-37.5-401, et
seq., C.R.S. Incidents include, without limitation (i) successful attempts to gain unauthorized access to a State
system or State Records regardless of where such information is located; (ii) unwanted disruption or denial
of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes
to State system hardware, firmware, or software characteristics without the State’s knowledge, instruction,
or consent.
O. “Initial Term” means the time period defined in §2.B.
P. “Matching Funds” (Local Funds) means the funds provided by Grantee as a match required to receive the
Grant Funds.
Q. “Party” means the State or Grantee, and “Parties” means both the State and Grantee.
R. “PII” means personally identifiable information including, without limitation, any information maintained
by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name,
social security number, date and place of birth, mother‘s maiden name, or biometric records. PII includes,
but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-
73-101, C.R.S.
S. “Services” means the services to be performed by Grantee as set forth in this Agreement, and shall include
any services to be rendered by Grantee in connection with the Goods.
T. “State Confidential Information” means any and all State Records not subject to disclosure under CORA.
State Confidential Information shall include, but is not limited to PII, and State personnel records not subject
to disclosure under CORA. State Confidential Information shall not include information or data concerning
individuals that is not deemed confidential but nevertheless belongs to the State, which has been
communicated, furnished, or disclosed by the State to Grantee which (i) is subject to disclosure pursuant to
CORA; (ii) is already known to Grantee without restrictions at the time of its disclosure to Grantee; (iii) is or
subsequently becomes publicly available without breach of any obligation owed by Grantee to the State; (iv)
is disclosed to Grantee, without confidentiality obligations, by a third party who has the right to disclose such
information; or (v) was independently developed without reliance on any State Confidential Information.
U. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-
30-202(13)(a), C.R.S.
V. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending on June
30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal
Year ending in that calendar year.
W. “State Records” means any and all State data, information, and records, regardless of physical form.
X. “Subcontractor” means any third party engaged by Grantee to aid in performance of the Work.
“Subcontractor” also includes sub -grantees of Grant Funds.
Y. “Work” means the Goods delivered and Services performed pursuant to this Agreement.
Z. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished,
including drafts. Work Product includes, but is not limited to, documents, text, software (including source
code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives,
pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information, and
DocuSign Envelope ID: 2763A202-10C6-43BF-9425-955D7D2CE436
ATTACHMENT A: State Grant Agreement
any other results of the Work. “Work Product” does not include any material that was developed prior to the
Effective Date that is used, without modification, in the performance of the Work.
Any other term used in this Agreement that is defined elsewhere in this Agreement or in an Exhibit shall be
construed and interpreted as defined in that section.
4. STATEMENT OF WORK
Grantee shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit
A. The State shall have no liability to compensate Grantee for the delivery of any goods or the performance of
any services that are not specifically set forth in this Agreement.
5. PAYMENTS TO GRANTEE
A. Grant Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay
Grantee any amount under this Agreement that exceeds the Grant Maximum Amount for that State Fiscal
Year shown on the Cover Page of this Agreement as “FASTER Funds Maximum Amount”.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Grantee in the amounts and in accordance with the conditions set forth in Exhibit
A.
b. Grantee shall initiate payment requests by invoice to the State, in a form and manner approved by
the State.
c. Any advance payment allowed under this Agreement, shall comply with State Fiscal Rules and be
made in accordance with the provisions of this Agreement and its Exhibits. Eligibility and
submission for advance payment is subject to State approval and must include approved
documentation in the form and manner set forth and approved by the State.
d. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long
as the amount invoiced correctly represents Work completed by Grantee and previously accepted
by the State during the term that the invoice covers. If the State deter mines that the amount of any
invoice is not correct, then Grantee shall make all changes necessary to correct that invoice .
e. The acceptance of an invoice shall not constitute acceptance of any Work performed or Deliverables
provided under this Agreement.
ii. Interest
Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear interest
on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24 -30-
202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts
that the State disputes in writing. Grantee shall invoice the State separately for accrued interest on
delinquent amounts, and the invoice shall reference the delinquent payment, the number of days’ interest
to be paid and the interest rate.
iii. Payment Disputes
If Grantee disputes any calculation, determination or amount of any payment, Grantee shall notify the
State in writing of its dispute within 30 days following the earlier to occur of Grantee’s receipt of the
payment or notification of the determination or calculation of the payment by the State. The State will
review the information presented by Grantee and may make changes to its determination based on this
review. The calculation, determination or payment amount that results from the State’s review shall not
be subject to additional dispute under this subsection. No payment subject to a dispute under this
subsection shall be due until after the State has concluded its review, and the State shall not pay any
interest on any amount during the period it is subject to dispute under this subsection .
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the current Sta te Fiscal
Year. Payment to Grantee beyond the current State Fiscal Year is contingent on the appropriation and
continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special
Provisions). If federal funds or funds from any other non-State funds constitute all or some of the Grant
DocuSign Envelope ID: 2763A202-10C6-43BF-9425-955D7D2CE436
ATTACHMENT A: State Grant Agreement
Funds, the State’s obligation to pay Grantee shall be contingent upon such non-State funding continuing
to be made available for payment. Payments to be made pursuant to this Agreement shall be ma de only
from Grant Funds, and the State’s liability for such payments shall be limited to the amount remaining
of such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become
unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in
whole or in part, without incurring further liability. The State shall, however, remain obligated to pay
for Services and Goods that are delivered and accepted prior to the effective date of notice of termination,
and this termination shall otherwise be treated as if this Agreement were terminated in the public interest
as described in §2.E.
C. Matching Funds
Grantee shall provide Matching Funds as provided in §5.A and Exhibit A. Grantee shall have raised the full
amount of Matching Funds prior to the Effective Date and shall report to the State regarding the status of
such funds upon request. Grantee’s obligation to pay all or any part of any Matching Funds, whether direct
or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Agreement by
the authorized representatives of Grantee and paid into Grantee’s treasury or bank account. Grantee
represents to the State that the amount designated “Grantee’s Matching Funds” in Exhibit A has been legally
appropriated for the purposes of this Agreement by its authorized representatives and paid into its treasury
or bank account. Grantee does not by this Agreement irrevocably pledge present cash reserves for payments
in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of Grantee. If
Grantee is a public entity, Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes
or penalties of any nature, except as required by Grantee’s laws or policies.
D. Reimbursement of Grantee Costs
i. Any costs incurred by Grantee prior to the Effective Date shall not be reimbursed.
ii. The State shall reimburse Grantee’s allowable costs, not exceeding the Grant Maximum Amount shown
on the Cover Page of this Agreement and on Exhibit A for all allowable costs described in this
Agreement and shown in Exhibit A, except that Grantee may adjust the amounts between each line item
of Exhibit A without formal modification to this Agreement as long as the Grantee provides notice to
the State of the change, the change does not modify the Grant Maximum Amount of this Agreement or
the Grant Maximum Amount for any State Fiscal Year, and the change does not modify any requirements
of the Work.
iii. The State shall only reimburse allowable costs described in this Agreement and shown in the Budget if
those costs are:
a. Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and
b. Equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by
Grantee that reduce the cost actually incurred.)
iv. Grantee’s costs for Work performed after the Fund Expenditure End Date shown on the Signature and
Cover Page for this Agreement, or after any phase performance period end date for a respective phase
of the Work, shall not be reimbursable. Grantee shall initiate any payment request by submitting invoices
to the State in the form and manner set forth and approved by the State .
E. Close-Out
Grantee shall close out this Award within 45 days after the Fund Expenditure End Date shown on the Cover
Page for this Agreement. To complete close-out, Grantee shall submit to the State all Deliverables (including
documentation) as defined in this Agreement and Grantee’s final reimbursement request or invoice. The State
will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the
State as substantially complete.
6. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to any other Exhibit, for any Agreement having a term longer
than three months, Grantee shall submit, on a quarterly basis, a written report specifying progress made for
each specified performance measure and standard in this Agreement. Such progress report shall be in
accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted
DocuSign Envelope ID: 2763A202-10C6-43BF-9425-955D7D2CE436
ATTACHMENT A: State Grant Agreement
to the State not later than five Business Days following the end of each calendar quarter o r at such time as
otherwise specified by the State.
B. Litigation Reporting
If Grantee is served with a pleading or other document in connection with an action before a court or other
administrative decision making body, and such pleading or document relates to this Agreement or may affect
Grantee’s ability to perform its obligations under this Agreement, Grantee shall, within 10 days after being
served, notify the State of such action and deliver copies of such pleading or document to the State’s Principal
Representative identified on the Cover Page for this Agreement.
C. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than 45 calendar days
after the end of the Initial Term if no Extensio n Terms are exercised, or the final Extension Term exercised
by the State, containing an evaluation and review of Grantee’s performance and the final status of Grantee’s
obligations hereunder.
D. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of State criminal law
involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. The State may impose
any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 332 1, which may include,
without limitation, suspension or debarment.
7. GRANTEE RECORDS
A. Maintenance
Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of
all records, documents, communications, notes and o ther written materials, electronic media files, and
communications, pertaining in any manner to the Work and the delivery of Services (including, but not
limited to, the operation of programs) or Goods hereunder (collectively, the “Grantee Records”). Grant ee
shall maintain such records for a period of three years following the date of submission to the State of the
final expenditure report, or if this Award is renewed quarterly or annually, from the date of the submission
of each quarterly or annual report, respectively (the “Record Retention Period”). If any litigation, claim, or
audit related to this Award starts before expiration of the Record Retention Period, the Record Retention
Period shall extend until all litigation, claims, or audit findings have b een resolved and final action taken by
the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit,
oversight or indirect costs, and the State, may notify Grantee in writing that the Record Retention Period
shall be extended. For records for real property and equipment, the Record Retention Period shall extend
three years following final disposition of such property.
B. Inspection
Grantee shall permit the State and any other duly authorized agent of the State to audit, inspect, examine,
excerpt, copy and transcribe Grantee Records during the Record Retention Period. Grantee shall make
Grantee Records available during normal business hours at Grantee’s office or place of business, or at other
mutually agreed upon times or locations, upon no fewer than two Business Days’ notice from the State, unless
the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the
State.
C. Monitoring
The State and any other duly authorized agent of the State, in its discretion, may monitor Grantee’s
performance of its obligations under this Agreement using procedures as determined by the State. The State
shall have the right, in its sole discretion, to change its monitoring procedures and requ irements at any time
during the term of this Agreement. The State shall monitor Grantee’s performance in a manner that does not
unduly interfere with Grantee’s performance of the Work.
D. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on Grantee’s
records that relates to or affects this Agreement or the Work, whether the audit is conducted by Grantee or a
third party.
DocuSign Envelope ID: 2763A202-10C6-43BF-9425-955D7D2CE436
ATTACHMENT A: State Grant Agreement
8. CONFIDENTIAL INFORMATION - STATE RECORDS
A. Confidentiality
Grantee shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless
those State Records are publicly available. Grantee shall not, without prior written approval of the State, use,
publish, copy, disclose to any third party, or permit the use by any third party of any State Records, except
as otherwise stated in this Agreement, permitted by law or approved in writing by the State. Grantee shall
provide for the security of all State Confidential Information in accordance with all applicable laws, rules,
policies, publications, and guidelines. Grantee shall immediately forward any request or demand for State
Records to the State’s Principal Representative identified on the Cover Page of this Agreement .
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to
perform the Work, but shall restrict access to State Confidential Information to those agents, employees,
assigns and Subcontractors who require access to perform their obligations under this Agreement. Grantee
shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing
nondisclosure provisions at least as protective as those in this Agreement, and that the nondisclosure
provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State
Confidential Information. Grantee shall provide copies of those signed nondisclosure provisions to the State
upon execution of the nondisclosure provisions if requested by the State.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable
laws and regulations only in facilities located within the United States, and shall maintain a secure
environment that ensures confidentiality of all State Confidential Information. Grantee shall provide the State
with access, subject to Grantee’s reasonable security requirements, for purposes of inspecting a nd monitoring
access and use of State Confidential Information and evaluating security control effectiveness. Upon the
expiration or termination of this Agreement, Grantee shall return State Records provided to Grantee or
destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is
prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants
it will guarantee the confidentiality of, and cease to use, such Sta te Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, Grantee shall notify the State immediately and cooperate with the
State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the
State. Unless Grantee can establish that Grantee, and its agents, employees, and Subcontractors are not the
cause or source of the Incident, Grantee shall be responsible for the cost of notifying each person who may
have been impacted by the Incident. After an Incident, Grantee shall take steps to reduce the risk of incurring
a similar type of Incident in the future as directed by the State, which may include, but is not limited to,
developing and implementing a remediation plan that is approved by the State at no additional cost to the
State. The State may adjust or direct modifications to this plan, in its sole discretion and Grantee shall make
all modifications as directed by the State. If Grantee cannot produce its analysis and plan within the allotted
time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Grantee
shall reimburse the State for the reasonable costs thereof. The State may, in its sole discretion and at
Grantee’s sole expense, require Grantee to engage the services of an independent, qualified, State-approved
third party to conduct a security audit. Grantee shall provide the State with the results of such audit and
evidence of Grantee’s planned remediation in response to any negative findings.
E. Data Protection and Handling
Grantee shall ensure that all State Records and Work Product in the possession of Grantee or any
Subcontractors are protected and handled in accordance with the requirements of this Agreement, includin g
the requirements of any Exhibits hereto, at all times. As used in this section, the protections afforded Work
Product only apply to Work Product that requires confidential treatment.
F. Safeguarding PII
If Grantee or any of its Subcontractors will or ma y receive PII under this Agreement, Grantee shall provide
for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State
non-disclosure requirements, use of appropriate technology, security practices, computer access security,
data access security, data storage encryption, data transmission encryption, security inspections, and audits.
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Grantee shall be a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S., and shall maintain
security procedures and practices consistent with §§24-73-101, et seq., C.R.S.
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way
with the full performance of the obligations of Grantee under this Agreement. Such a conflict of interest
would arise when a Grantee or Subcontractor’s employee, officer or agent were to offer or provide any
tangible personal benefit to an employee of the State, or any member of his or her immediate family or his
or her partner, related to the award of, entry into or management or oversight of this Agreement.
B. Apparent Conflicts of Interest
Grantee acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall
be harmful to the State’s interests. Absent the State’s prior written approval, Grantee shall refrain from any
practices, activities or relationships that reasonably appear to be in conflict with the full performance of
Grantee’s obligations under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the
appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the
relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow
the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement.
D. Grantee acknowledges that all State employees are subject to the ethical principles described in §24-18-105,
C.R.S. Grantee further acknowledges that State employees may be subject to the requirements of
§24-18-105, C.R.S., with regard to this Agreement. For the avoidance of doubt, an actual or apparent conflict
of interest shall exist if Grantee employs or contracts with any State employee, any former State employee
within six months following such employee’s termination of employment with the State, or any immediate
family member of such current or former State employee. Grantee shall provide a disclosure statement as
described in §9.C. no later than ten days following entry into a contractual or employment relationship as
described in this section. Failure to timely submit a disclosure statement shall constitute a Breach of
Agreement. Grantee may also be subject to such penalties as are allowed by law.
10. INSURANCE
Grantee shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as
specified in this section at all times during the term of this Agreement. All insurance policies required by this
Agreement that are not provided through self-insurance shall be issued by insurance companies as approved by
the State.
A. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering
all Grantee or Subcontractor employees acting within the course and scope of their employment .
B. General Liability
Commercial general liability insurance covering premises operations, fire damage, independent contractors,
products and completed operations, blanket contractual liability, personal injury, and advertising liability
with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any 1 fire.
C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non -owned autos) with a
minimum limit of $1,000,000 each accident combined single limit .
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D. Protected Information
Liability insurance covering all loss of State Confidential Information, such as PII, PHI, PCI, Tax
Information, and CJI, and claims based on alleged violations of privacy rights through improper use or
disclosure of protected information with minimum limits as follows :
i. $1,000,000 each occurrence; and
ii. $2,000,000 general aggregate.
E. Professional Liability Insurance
Professional liability insurance covering any damages caused by an error, omission or any negligent act with
minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
F. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
G. Additional Insured
The State shall be named as additional insured on all commercial general lia bility policies (leases and
construction contracts require additional insured coverage for completed operations) required of Grantee and
Subcontractors.
H. Primacy of Coverage
Coverage required of Grantee and each Subcontractor shall be primary over any in surance or self-insurance
program carried by Grantee or the State.
I. Cancellation
All insurance policies shall include provisions preventing cancellation or non -renewal, except for
cancellation based on non-payment of premiums, without at least 30 days prior notice to Grantee and Grantee
shall forward such notice to the State in accordance with §14 within 7 days of Grantee’s receipt of such
notice.
J. Subrogation Waiver
All insurance policies secured or maintained by Grantee or its Subcontractors in relation to this Agreement
shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise
against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and
volunteers.
K. Public Entities
If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24 -10-101,
et seq., C.R.S. (the “GIA”), Grantee shall maintain, in lieu of the liability insurance requirements stated
above, at all times during the term of this Agreement such liability insurance, by commercial policy or self -
insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the
meaning of the GIA, Grantee shall ensure that the Subcontractor maintain at all times during the terms of this
Grantee, in lieu of the liability insurance requirements stated above, such liability insurance, by commercial
policy or self-insurance, as is necessary to meet the Subcontractor’s obligations unde r the GIA.
L. Certificates
For each insurance plan provided by Grantee under this Agreement, Grantee shall provide to the State
certificates evidencing Grantee’s insurance coverage required in this Agreement prior to the Effective Date.
Grantee shall provide to the State certificates evidencing Subcontractor insurance coverage required under
this Agreement prior to the Effective Date, except that, if Grantee’s subcontract is not in effect as of the
Effective Date, Grantee shall provide to the State certific ates showing Subcontractor insurance coverage
required under this Agreement within seven Business Days following Grantee’s execution of the subcontract.
No later than 15 days before the expiration date of Grantee’s or any Subcontractor’s coverage, Grantee shall
deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the
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term of this Agreement, upon request by the State, Grantee shall, within seven Business Days following the
request by the State, supply to the State evidence satisfactory to the State of compliance with the provisions
of this section.
11. BREACH OF AGREEMENT
In the event of a Breach of Agreement, the aggrieved Party shall give written notice of Breach of Agreement
to the other Party. If the notified Party does not cure the breach, at its sole expense, within 30 days after the
delivery of written notice, the Party may exercise any of the remedies as described in §12 for that Party.
Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide
notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any
other remedy in this Agreement in order to protect the public interest of the State; or if Grantee is debar red
or suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure period
and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement as of
the date that the debarment or suspension takes effect.
12. REMEDIES
A. State’s Remedies
If Grantee is in breach under any provision of this Agreement and fails to cure such breach, the State,
following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in
addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the
remedies available to it, in its discretion, concurrently or consecutively.
i. Termination for Breach of Agreement
In the event of Grantee’s uncured breach, the State may terminate this entire Agreement or any part of
this Agreement. Grantee shall continue performance of this Agreement to the extent not terminated, if
any.
a. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further obligat ions or
render further performance past the effective date of such notice, and shall terminate outstanding
orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State
all Work not cancelled by the termination notice, and may incur obligations as necessary to do so
within this Agreement’s terms. At the request of the State, Grantee shall assign to the State all of
Grantee’s rights, title, and interest in and to such terminated orders or subcontracts. Upon
termination, Grantee shall take timely, reasonable and necessary action to protect and preserve
property in the possession of Grantee but in which the State has an interest. At the State’s request,
Grantee shall return materials owned by the State in Grantee’s possession at the time of any
termination. Grantee shall deliver all completed Work Product and all Work Product that was in the
process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Grantee for accepted Work
received as of the date of termination. If, after termination by the State, the State agrees that Grantee
was not in breach or that Grantee’s action or inaction was excusable, such termination shall be
treated as a termination in the public interest, and the rights and obligations of the Parties shall be
as if this Agreement had been terminated in the public interest under §2.E.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee shall re main liable to the State for
any damages sustained by the State in connection with any breach by Grantee, and the State may
withhold payment to Grantee for the purpose of mitigating the State’s damages until such time as
the exact amount of damages due to the State from Grantee is determined. The State may withhold
any amount that may be due Grantee as the State deems necessary to protect the State against loss
including, without limitation, loss as a result of outstanding liens and excess costs incurred by the
State in procuring from third parties replacement Work as cover .
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
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a. Suspend Performance
Suspend Grantee’s performance with respect to all or any portion of the Work pending corrective
action as specified by the State without entitling Grantee to an adjustment in price or cost or an
adjustment in the performance schedule. Grantee shall promptly cease performing Work and
incurring costs in accordance with the State’s directive, and the State shall not be liable for costs
incurred by Grantee after the suspension of performance.
b. Withhold Payment
Withhold payment to Grantee until Grantee corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Grantee’s actions or inactions, cannot be
performed or if they were performed are reasonably of no value to the State; provided, that any
denial of payment shall be equal to the value of the obligations not performed.
d. Removal
Demand immediate removal of any of Grantee’s employees, agents, or Subcontractors from the
Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary
to the public interest or the State’s best interest.
e. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any Work is likely to
infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Grantee
shall, as approved by the State (i) secure that right to use such Work for the State and Grantee; (ii)
replace the Work with noninfringing Work or modify the Work so that it becomes nonin fringing;
or, (iii) remove any infringing Work and refund the amount paid for such Work to the State .
B. Grantee’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach, Grantee, following
the notice and cure period in §11 and the dispute resolution process in §13 shall have all remedies available
at law and equity.
13. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement
which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a senior manager designated by Grantee
for resolution.
B. Resolution of Controversies
If the initial resolution described in §13.A fails to resolve the dispute within 10 Business Days, Grantee shall
submit any alleged breach of this Agreement by the State to the Procurement Official of the State Agency
named on the Cover Page of this Agreement as described in §24-101-301(30), C.R.S., for resolution
following the same resolution of controversies process as described in §§24 -106-109, and 24-109-101.1
through 24-109-505, C.R.S., (collectively, the “Resolution Statutes”), except that if Grantee wishes to
challenge any decision rendered by the Procurement Official, Grantee’s challenge shall be an appeal to the
executive director of the Department of Personnel and Administration, or their delegate, in the same manner
as described in the Resolution Statutes before Grantee pursues any further action. Except as otherwise stated
in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time
limitations regardless of whether the Colorado Procurement Code ap plies to this Agreement.
14. NOTICES and REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for this Agreement shall be the
principal representative of the designating Party. All notices required or permitted to be given under this
Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or
registered mail to such Party’s principal representative at the address set forth on the Cover Page for this
Agreement or (C) as an email with read receipt requested to the principal representative at the email address, if
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any, set forth on the Cover Page for this Agreement. If a Party delivers a notice to another through email and the
email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party
delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to
such Party’s principal representative at the address set forth on the Cover Page for this Agreement. Either Party
may change its principal representative or principal representative contact information, or may designate specific
other individuals to receive certain types of notices in addition to or in lieu of a principal representative , by notice
submitted in accordance with this section without a formal amendment to this Agreement. Unless otherwise
provided in this Agreement, notices shall be effective upon delivery of the written notice.
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Whether or not Grantee is under contract with the State at the time, Grantee shall execute applications,
assignments, and other documents, and shall render all other reasonable assistance requested by the State, to
enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the
Work Product. The Parties intend the Work Product to be works made for hire. Grantee assigns to the State
and its successors and assigns, the entire right, title, and interest in and to all causes of action, either in law
or in equity, for past, present, or future infringement of intellectual property rights related to the Work Product
and all works based on, derived from, or incorporating the Work Product .
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, all State Records, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes, studies, data,
images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas,
concepts, know-how, and information provided by or on behalf of the State to Grantee are the exclusive
property of the State (collectively, “State Materials”). Grantee shall not use, willingly allow, cause or permit
Work Product or State Materials to be used for any purpose other than the performance of Grantee’s
obligations in this Agreement without the prior written consent of the State. Upon termination of this
Agreement for any reason, Grantee shall provide all Work Product and State Materials to the State in a form
and manner as directed by the State.
C. Exclusive Property of Grantee
Grantee retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or
licensed to Grantee including, but not limited to, all pre-existing software, licensed products, associated
source code, machine code, text images, audio and/or video, and third -party materials, delivered by Grantee
under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively,
“Grantee Property”). Grantee Property shall be licensed to the State as set forth in this Agreement or a State
approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the
applicable third-party vendor, or (iii) in the case of open source software, the license terms set forth in the
applicable open source license agreement.
16. GENERAL PROVISIONS
A. Assignment
Grantee’s rights and obligations under this Agreement are personal and may not be transferred or assigned
without the prior, written consent of the State. Any attempt at assignment or transfer without such consent
shall be void. Any assignment or transfer of Grantee’s rights and obligations approved by the State shall be
subject to the provisions of this Agreement.
B. Subcontracts
Grantee shall not enter into any subgrant or subcontract in connection with its obligations under this
Agreement without providing notice to the State. The State may reject any such Subcontractor, and Grantee
shall terminate any subcontract that is rejected by the State and shall not allow any Subcontractor to perform
any work after that Subcontractor’s subcontract has been rejected by the State. G rantee shall submit to the
State a copy of each such subgrant or subcontract upon request by the State. All subgrants and subcontracts
entered into by Grantee in connection with this Agreement shall comply with all applicable federal and state
laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be
subject to all provisions of this Agreement.
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C. Binding Effect
Except as otherwise provided in §16.A., all provisions of this Agreement, including the benefits and burdens,
shall extend to and be binding upon the Parties’ respective successors and assigns .
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this Agreement and the
performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions. All references in this Agreement to secti ons (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections,
exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted .
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same agreement.
G. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties related to the
Work, and all prior representations and understandings related to the Work, oral or written, are merged into
this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not
have any force or effect whatsoever, unless embodied herein .
H. Digital Signatures
If any signatory signs this Agreement using a digital signature in accordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under
the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system
through which that signatory signed shall be incorporated into this Agreement by reference.
I. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective
if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with
applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other
than Agreement amendments, shall conform to the policies issued by the Colorado State Controller .
J. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority
shall be interpreted to refer to such authority then current, as may have been changed or amended since the
Effective Date of this Agreement.
K. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in
any terms, conditions, or agreements appearing on Grantee’s or a Subcontractor’s website or any provision
incorporated into any click-through or online agreements related to the Work unless that provision is
specifically referenced in this Agreement.
L. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under this Agreement in accordance with the intent
of this Agreement.
M. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of this
Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other
Party.
N. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal
Excise Tax Exemption Certificate of Registry No. 84 -730123K) and from State and local government sales
and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number
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98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of
whether any political subdivision of the State imposes such taxes on Grantee. Grantee s hall be solely
responsible for any exemptions from the collection of excise, sales or use taxes that Grantee may wish to
have in place in connection with this Agreement.
O. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §16.A., this Agreement does not and is
not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement
of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or
benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not
create any rights for such third parties.
P. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit
or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right,
power, or privilege preclude any other or further exercise of such right, power, or privilege .
Q. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and standards
required under §24-106-107, C.R.S., if any, are subject to public release through the CORA.
R. Standard and Manner of Performance
Grantee shall perform its obligations under this Agreement in accordance with the highest standards of care,
skill and diligence in Grantee’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations.
i. Grantee shall secure, prior to the Effective Date, and maintain at all times during the term of this
Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required
to perform its obligations under this Agreement, and shall ensure that all employees, agents an d
Subcontractors secure and maintain at all times during the term of their employment, agency or
Subcontractor, all license, certifications, permits and other authorizations required to perform their
obligations in relation to this Agreement.
ii. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado,
shall obtain prior to the Effective Date and maintain at all times during the term of this Agreement, at
its sole expense, a certificate of authority to transact business in the State of Colorado and designate a
registered agent in Colorado to accept service of process.
T. Federal Provisions
Grantee shall comply with all applicable requirements of Exhibit C at all times during the term of this
Agreement.
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all agreements except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If
this Agreement is for a Major Information Technology Project, as defined in §24 -37.5-102(2.6), C.R.S., then
this Agreement shall not be valid until it has been approved by the State’s Chief Information Officer or
designee..
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for
that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled
and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the
Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management
statutes, §§24-30-1501, et seq., C.R.S. No term or condition of this Agreement shall be construed or
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interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Grantee shall perform its duties hereunder as an independent contractor a nd not as an employee. Neither
Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State.
Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Grantee and its employees and agents are not entitled
to unemployment insurance or workers compensation benefits through the State and the State shall
not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Grantee
shall pay when due all applicable employment taxes and income taxes and local head taxes incurred
pursuant to this Agreement. Grantee shall (i) provide and keep in force workers’ compensation and
unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof
when requested by the State, and (iii) be solely responsible for its acts and those of its employees and
agents.
E. COMPLIANCE WITH LAW.
Grantee shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this
Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the
City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Agreement that requires the State to indemnif y or hold Grantee harmless; requires
the State to agree to binding arbitration; limits Grantee’s liability for damages resulting from death, bodily
injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio.
Nothing in this Agreement shall be construed as a waiver of any provision of §24 -106-109, C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Grantee hereby certifies and warrants that, during the term of this Agreement and any extensions, Grantee
has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds.
If the State determines that Grantee is in violation of this provision, the State may exercise any remedy
available at law or in equity or under this Agreement, including, without limitation, immediate termination
of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507,
C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Agreement. Grantee has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Grantee’s services and Grantee shall not employ any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller
may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for:
(i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or
other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division
of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation
Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action.
The State may also recover, at the State’s discretion, payments made to Grantee in error for any reason,
including, but not limited to, overpayments or improper payments, and unexpended or excess funds received
by Grantee by deduction from subsequent payments under this Agreement, deduction from any payment due
DocuSign Envelope ID: 2763A202-10C6-43BF-9425-955D7D2CE436
ATTACHMENT A: State Grant Agreement
under any other contracts, grants or agreements between the State and Grantee, or by any other appropri ate
method for collecting debts owed to the State.
K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Grantee certifies, warrants, and agrees that it does not
knowingly employ or contract with an illegal alien who will perform work under this Agreement and will
confirm the employment eligibility of all employees who are newly hired for employment in the United States
to perform work under this Agreement, through participation in the E-Verify Program or the State verification
program established pursuant to §8-17.5-102(5)(c), C.R.S., Grantee shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement or enter into a contract with a Subcontractor that
fails to certify to Grantee that the Subcontractor shall not knowingly employ or contract with an illegal alien
to perform work under this Agreement. Grantee (i) shall not use E-Verify Program or the program procedures
of the Colorado Department of Labor and Employment (“Department Program”) to undertake pre -
employment screening of job applicants while this Agreement is being performed, (ii) shall notify the
Subcontractor and the contracting State agency or institution of higher education within three days if Grantee
has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under
this Agreement, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting
with the illegal alien within three days of receiving the notice, and (iv) shall comply with reasonable requests
made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado
Department of Labor and Employment. If Grantee participates in the Department program, Grantee shall
deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written,
notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall
comply with all of the other requirements of the Depart ment program. If Grantee fails to comply with any
requirement of this provision or §§8 -17.5-101, et seq., C.R.S., the contracting State agency, institution of
higher education or political subdivision may terminate this Agreement for breach and, if so ter minated,
Grantee shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S.
Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of
perjury that Grantee (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law,
(ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and (iii) has produced one form of
identification required by §24-76.5-103, C.R.S., prior to the Effective Date of this Agreement.
DocuSign Envelope ID: 2763A202-10C6-43BF-9425-955D7D2CE436
ATTACHMENT A: State Grant Agreement
EXHIBIT A, STATEMENT OF WORK AND BUDGET
Project Description 2021-FASTER: Two (2) 35' Bus Replacement
Project End Date 12/31/2022
Subrecipient Town of Avon DUNS # 146666065
Contact Name Eva Wilson Vendor # 2000101
Address 100 Mikaela Way
Avon, CO
81620-0975
Phone # (970) 748-4111
Email ewilson@avon.org Indirect Rate N/A
WBS* 23743.10.50 ALI 11.12.02
Total Project Budget $1,000,000.00
State FASTER Funds (at 80% or less) $800,000.00
Local Funds (at 20% or more) $200,000.00
Total Project Amount Encumbered via this Grant Agreement $800,000.00
*The WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion.
A. Project Description
Town of Avon shall use 2020 FASTER funds, along with local matching funds, to purchase 2021 -FASTER: Two
(2) 35' Bus Replacement as more fully described below. The purchase will support the goals of the Statewide Transit
Plan.
Town of Avon shall use capital funds to purchase the following ADA compliant vehicles:
ALI QTY Fuel Type Description FASTER
Amount
11.12.02 2 Diesel Two (2) 35' Bus Replacement $800,000.00
The Capital Asset(s) being purchased is/are to replace the following existing fleet vehicle(s):
VIN COTRAMS Inventory Year Model Make
15GCB211931112328 INV-00004792 2003 Phantom GIL - Gillig Corporation
15GGB271071077855 INV-00004796 2007 Phantom GIL - Gillig Corporation
B. Performance Standards
1. Project Milestones
Milestone Description Original Estimated
Completion Date
Submit Procurement Concurrence Request (PCR) to CDOT Project Manager for Approval 05/30/2020
Submit Procurement Authorization (PA) and solicitation docs CDOT Project Manager for
Approval
07/01/2020
Take Delivery of (First) Vehicle/Equipment/Project Property 10/31/2022
Take Delivery of and Accept All Vehicles/Equipment/Project Property 10/31/2022
Submit Reimbursement Request in COTRAMS 12/31/2022
IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement request)
must be completed no later than the expiration date of this Grant Agreement: 12/31/2022.
DocuSign Envelope ID: 2763A202-10C6-43BF-9425-955D7D2CE436
ATTACHMENT A: State Grant Agreement
2. Town of Avon shall use the Capital Asset(s) purchased in its transit operations and shall perform regularly
recurring maintenance with specific performance measures tied to Town of Avon’s written maintenance plans,
including manufacturer’s recommendations and warranty program(s). Town of Avon will measure whether this
project is successful and improves the efficiency, effectiveness, and safety of transportation.
3. Performance will be reviewed throughout the duration of this Grant Agreement. Town of Avon shall report to
the CDOT Project Manager whenever one or more of the following occurs:
a. Budget or schedule changes;
b. Scheduled milestone or completion dates are not met;
c. Identification of problem areas and how the problems will be resolved; and/or
d. Expected impacts and the efforts to recover from delays.
4. Town of Avon must comply and submit all reimbursements and reports associated, including the assignment of
“Colorado Department of Transportation” as the lienholder on the Capital Asset(s), as a condition of project
closeout.
C. Project Budget
1. The Total Project Budget is $1,000,000.00. CDOT will pay no more than 80% of the eligible, actual project
costs, up to the maximum amount of $800,000.00. CDOT will retain any remaining balance of the state share of
FASTER Funds. Town of Avon shall be solely responsible for all costs incurred in the project in excess of the
amount paid by CDOT from FASTER Funds for the state share of eligible, actual costs. For CDOT accounting
purposes, the FASTER Funds of $800,000.00 will be encumbered for this Grant Agreement.
2. No refund or reduction of the amount of Town of Avon’s share to be provided for the project will be allowed
unless there is at the same time a refund or reduction of the state share of a proportionate amount.
3. Town of Avon may use eligible federal funds for the Local Funds share. Town of Avon’s share, together with
the State FASTER Funds share, must be enough to ensure payment of the Total Project Budget.
4. Per the terms of this Grant Agreement, CDOT shall have no obligation to provide state funds for use on this
project. CDOT will administer FASTER funds for this project under the terms of this Grant Agreement,
provided that the state share of FASTER funds to be administered by CDOT are made available and remain
available. Town of Avon shall initiate and prosecute to completion all actions necessary to enable Town of
Avon to provide its share of the Total Project Budget at or prior to the time that such funds are needed to meet
the Total Project Budget.
D. Procurement
Procurement of this Capital Asset(s) will comply with state procurement procedures and the DTR Quick
Procurement Guide. In addition to the state requirements outlined below, state procedures for purchase of this
Capital Asset(s) must be followed and will be outlined prior to purchase.
1. The first step in the procurement process will be to obtain an Independent Cost Estimate (ICE).
2. The second step will be to obtain a Procurement Concurrence Request (PCR) approval from the CDOT Project
Manager through COTRAMS.
3. Prior to entering into a purchasing agreement with the selected vendor, Town of Avon shall request a Purchase
Authorization (PA), and submit a purchase order for the Capital Asset(s) in COTRAMS.
4. Upon delivery, Town of Avon shall be responsible for having the Capital Asset(s) inspected and accepted
within fifteen (15) calendar days of delivery. If defects prevent acceptance of the Capital Asset(s), Town of
Avon will contact the vendor to resolve any defects and notify CDOT.
5. Town of Avon shall be responsible for reimbursing the selected vendor within forty-five (45) calendar days
after acceptance of the Capital Asset(s).
DocuSign Envelope ID: 2763A202-10C6-43BF-9425-955D7D2CE436
ATTACHMENT A: State Grant Agreement
E. Reimbursement Eligibility
Requests for reimbursement for eligible project costs will be paid to Town of Avon upon submission of a complete
reimbursement packet in COTRAMS for those eligible costs incurred during the Grant Agreement effective dates.
Accepted reimbursement packets will include the following completed documents:
Independent Cost Estimate (ICE)
Procurement Concurrence Request (PCR)
Purchase Authorization (PA)
Signed Notice of Acceptance (NA)
Signed Security Agreement (SA)
Application for Title showing “Colorado Department of Transportation” as the l ienholder
Invoice
Proof of Payment
Post Delivery Certifications
Town of Avon must submit the final invoice within sixty (60) calendar days of acceptance of the Capital Asset(s),
and submit a Grant Closeout and Liquidation (GCL) Form in COTRAMS within fifteen (15) calendar days of
issuance of the final reimbursement payment.
F. State Interest-Service Life
CDOT maintains its share of the remaining state interest upon disposition of state assisted property before the end of
its useful life or for a value greater than $5,000 after the useful life has been met, according to the provisions of the
State Management Plan.
The useful life of rolling stock begins on the date the vehicle is placed in revenue service and continues until it is
removed from revenue service. The minimum useful life in years refers to total time in transit revenue service, not
time spent stockpiled or otherwise unavailable for regular transit use. The minimum useful life in miles refers to
total miles in transit revenue service. Non-revenue miles and periods of extended removal from service do not count
towards useful life. Changes in operating circumstances, including unforeseen difficulty maintaining vehicles,
higher cost of fuel, and changes in local law limiting where vehicles can be operated are not exemptions from
minimum useful life requirements.
Minimum useful life is determined by years of service or accumulation of miles, whichever comes first, in
accordance with the State Management Plan.
Town of Avon shall not dispose or otherwise release the Capital Asset(s) to any other party while there is state
interest in the Capital Asset(s) without approval from the CDOT Project Manager.
Town of Avon is responsible for making the request to the CDOT Project Manager in a timely manner, providing
appropriate documentation, if indicated, when a lien release is being requested in order to allow CDOT to process
the release of a lien.
CDOT and Town of Avon will work in conjunction with Department of Revenue (DOR) to assure the lien is
released according to state rules.
G. Training
In an effort to enhance transit safety, Town of Avon and any subrecipients and subcontractors shall make a good
faith effort to ensure that appropriate training of agency and contracted personnel is occurring and that personnel a re
up to date in appropriate certifications. In particular, Town of Avon shall ensure that driving personnel are provided
professional training in defensive driving and training on the handling of mobility devices and transporting older
adults and individuals with disabilities.
DocuSign Envelope ID: 2763A202-10C6-43BF-9425-955D7D2CE436
ATTACHMENT A: State Grant Agreement
H. Safety Data
Town of Avon and any subrecipients shall maintain and submit, as requested, data related to bus safety. This may
include, but not be limited to, the number of vehicle accidents within certain measurement parameters set forth by
CDOT, the number and extent of passenger injuries or claims, and the number and extent of employee accidents,
injuries and incidents.
I. Restrictions on Lobbying
Town of Avon is certifying that it complies with 2 CFR 200.450 by entering into this Subaward Agreement.
J. Special Conditions
1. Town of Avon will comply with all requirements imposed by CDOT on Town of Avon so that the state award is
used in accordance with state statutes, regulations, and the terms and conditions of the state award.
2. Town of Avon must permit CDOT and their auditors to have access to Town of Avon’s records and financial
statements as necessary, with reasonable advance notice.
3. Except as provided in this Grant Agreement, Town of Avon shall not be reimbursed for any purchase, issued
purchase order, or leased capital equipment prior to the execution of this Grant Agreement.
4. Town of Avon shall document any loss, damage, or theft of FTA- or state-funded property, equipment, or
rolling stock in COTRAMS.
5. Town of Avon shall ensure that it does not exclude from participation in, deny the benefits of, or subject to
discrimination any person in the United States on the ground of race, color, national origin, sex, age or disability
in accordance with Title VI of the Civil Rights Act of 1964.
6. Town of Avon shall seek to ensure non-discrimination in its programs and activities by developing and
maintaining a Title VI Program in accordance with the “Requirements for FTA Subrecipients” in CDOT’s Title
VI Program Plan and Federal Transit Administration Circular 4702.1B, “Title VI Requirements and Guidelines
for FTA Recipients.” The Party shall also facilitate FTA’s compliance with Executive Order 12898 and DOT
Order 5610.2(a) by incorporating the principles of environmental justice in planning, projec t development and
public outreach in accordance with FTA Circular 4703.1 “Environmental Justice Policy Guidance for Federal
Transit Administration Recipients.”
7. Town of Avon will provide transportation services to persons with disabilities, in accordance wi th Americans
with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq.
8. Town of Avon shall develop and maintain an ADA Program in accordance with 28 CFR Part 35,
Nondiscrimination on the Basis of Disability in State and Local Government Services, FTA Circular 4710.1,
and any additional requirements established by CDOT for FTA subrecipients.
9. Town of Avon shall ensure that it will comply with the Americans with Disabilities Act, Section 504 of the
Rehabilitation Act, FTA guidance, and any other federal, state, and/or local laws, rules and/or regulations. In
any contract utilizing federal funds, land, or other federal aid, Town of Avon shall require its subrecipients
and/or contractors to provide a statement of written assurance that they will comply with Section 504 and not
discriminate on the basis of disability.
10. Town of Avon shall agree to produce and maintain documentation that supports compliance with the Americans
with Disabilities Act to CDOT upon request.
DocuSign Envelope ID: 2763A202-10C6-43BF-9425-955D7D2CE436
ATTACHMENT A: State Grant Agreement
EXHIBIT B, SAMPLE OPTION LETTER
State Agency
Department of Transportation
Option Letter Number
Insert the Option Number (e.g. "1" for the first
option)
Grantee
Insert Grantee's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other Contract Number of the
Original Contract
Current Grant Agreement Amount
FASTER Funds Maximum Amount
Initial Term
Option Agreement Number
Insert CMS number or Other Contract Number of
this Option
State Fiscal Year 20xx $0.00
Extension Terms Agreement Performance Beginning Date
The later of the Effective Date or Month, Day, Year State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00 Current Agreement Expiration Date
Month, Day, Year State Fiscal Year 20xx $0.00
Local Funds $0.00
Total for All State Fiscal Years $0.00
1. OPTIONS:
A. Option to extend for an Extension Term or End of Term Extension.
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) 2.B/2.C of the Original Agreement referenced
above, the State hereby exercises its option for an additional term/end of term extension, beginning Insert
start date and ending on the current agreement expiration date shown above, at the rates stated in the
Original Agreement, as amended.
B. For use with all Option 1(A): The Grant Agreement Amount table on the Agreement’s Cover Page is
hereby deleted and replaced with the Current Grant Agreement Amount table shown above.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or , whichever is
later.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By: ________________________________________
David Krutsinger, Director,
Division of Transit and Rail
Date: ________________________________
In accordance with §24-30-202, C.R.S., this Option
Letter is not valid until signed and dated below by
the State Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:_______________________________________
Department of Transportation
Option Letter Effective Date:__________________
DocuSign Envelope ID: 2763A202-10C6-43BF-9425-955D7D2CE436
ATTACHMENT A: State Grant Agreement
EXHIBIT C, TITLE VI – CIVIL RIGHTS
Nondiscrimination Requirements
The Parties shall not exclude from participation in, deny the benefits of, or subject to discrimination
any person in the United States on the ground of race, color, national origin, sex, age or disability.
During the performance of this Agreement, the Grantee, for itself, its assignees and successors in
interest (hereinafter referred to as the “Grantee”) agrees as follows:
(1) Compliance with Regulations: The Grantee shall comply with the Regulation relative to
nondiscrimination in federally-assisted programs of the Department of Transportation
(hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the “Regulations”), which are herein
incorporated by reference and made a part of this Agreement.
(2) Nondiscrimination: The Grantee, with regard to the Work performed by it during the
Agreement, shall not discriminate on the grounds of race, color, national origin, or sex in
the selection and retention of subgrantees, including procurements of materials and leases
of equipment. The Grantee shall not participate either directly or indirectly in the
discrimination prohibited by section 21.5 of the Regulations, including employment
practices when the Agreement covers a program set forth in Appendix B of the Regulations.
(3) Solicitations for Subgrantees, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the Grantee for Work to
be performed under a subcontract, including procurements of materials or leases of
equipment, each potential subgrantee or supplier shall be notified by the Grantee of the
Grantee's obligations under this Agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, national origin or sex.
(4) Information and Reports: The Grantee shall provide all information and reports required
by the Regulations or directives issued pursuant thereto, and shall permit access to its
books, records, accounts, other sources of information, and its facilities as may be
determined by the Colorado Department of Transportation to be pertinent to ascertain
compliance with such Regulations, orders and instructions. Where any information
required of a Grantee is in the exclusive possession of another who fails or refuses to
furnish this information the Grantee shall so certify to the Colorado Department of
Transportation as appropriate, and shall set forth what efforts it has made to obtain the
information.
(5) Sanctions for Noncompliance: In the event of the Grantee's noncompliance with the
nondiscrimination provisions of this Agreement, the Colorado Department of
Transportation shall impose such contract sanctions as it may determine to be appropriate,
including, but not limited to:
(a) withholding of payments to the Grantee under the Agreement until the Grantee
complies, and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions: The Grantee shall include the provisions of paragraphs (1)
through (6) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
The Grantee shall take such action with respect to any subcontract or procurement as the Colorado
Department of Transportation may direct as a means of enforcing such provisions including
sanctions for non-compliance; provided, however, that, in the event a Grantee becomes involved in,
or is threatened with, litigation with a subgrantee or supplier as a result of such direction, the Grantee
may request the Colorado Department of Transportation to enter into such litigation to protect the
interests of the Colorado Department of Transportation.
DocuSign Envelope ID: 2763A202-10C6-43BF-9425-955D7D2CE436
ATTACHMENT A: State Grant Agreement
1
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
ATTACHMENT B: Gillig Contract
2
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
ATTACHMENT B: Gillig Contract
3
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 h as
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.
ATTACHMENT B: Gillig Contract
4
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 10th 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
ATTACHMENT B: Gillig Contract
5
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 i n 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.
ATTACHMENT B: Gillig Contract
6
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.
f. 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
ATTACHMENT B: Gillig Contract
7
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.
l. 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 ass ign 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.
ATTACHMENT B: Gillig Contract
8
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.
ATTACHMENT B: Gillig Contract
9
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
By: ___________________ By:_____________________
William F. Fay Jr. Eric Heil
Vice President, Sales Town Manager
Title Title
Date: __________________ Date: __________________
ATTACHMENT B: Gillig Contract
CONFIDENTIAL
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.
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
ATTACHMENT B: Gillig Contract
970-390-2014 ewilson @avon.org
TO: Honorable Mayor Smith Hymes and Council Members
FROM: Eva Wilson, Mobility Director
RE: Acceptance of Grant Award – Coronavirus Response and
Relief Supplemental Appropriation Act Grant
DATE: June 15, 2021
SUMMARY: On December 27, 2020, the Coronavirus Response and Relief Supplemental Appropriations
Act of 2021 (“CRRSAA”), authorized $900 billion in supplemental appropriations for COVID-19 relief. To
help ensure the nation’s public transportation systems can continue to serve the millions of Americans who
depend on them, CRRSAA allocated $14 billion in support of the transit industry during this public health
emergency. Federal Transit Administration (“FTA”) previously announced $25 billion in Coronavirus Aid,
Relief, and Economic Security (“CARES”) Act funding for transportation in April 2020.
The Town of Avon was awarded $967,728 for Transit Operations. Similar to the CARES Act, the
supplemental funding will be provided at a 100-percent federal share, with no local match required.
Reimbursable expenses include transit employee salaries & benefits, fuel, supplies, and PPE gear.
Total COVID -19 related Grants:
The grant agreement is presented for Council approval in accordance w ith the Town of Avon Procurement
Code which requires Council to approve contracts over $100,000.
RECOMMENDATION: I recommend Council approve the agreement for CRRSAA grant funds.
PROPOSED MOTION S: “I move to approve the State of Colorado Subaward Agreement for CRRSAA,
$967,728.”
Thank you, Eva
ATTACHMENT: State of Colorado Subaward Agreement for CRRSAA for $967,728
Contract Number: 21-HTR-ZL-00302/491002604 Page 1 of 44 Version 10/23/19
STATE OF COLORADO SUBAWARD AGREEMENT
COVER PAGE
State Agency
Department of Transportation
Agreement Number / PO Number
21-HTR-ZL-00302 / 491002604
Subrecipient
TOWN OF AVON
Agreement Performance Beginning Date
The Effective Date
Initial Agreement Expiration Date
December 31, 2022 Subaward Agreement Amount
Federal Funds
Maximum Amount (100%)
Local Funds
Local Match Amount (0%)
Agreement Total
$967,728.00
$0.00
$967,728.00
Fund Expenditure End Date
December 31, 2022
Agreement Authority
Authority to enter into this Agreement exists in
CRS §§43-1-106, 43-1-110, 43-1-117.5, 43-1-701,
43-1-702 and 43-2-101(4)(c), appropriated and
otherwise made available pursuant to the FAST
ACT, MAP-21, SAFETEA_LU, 23 USC §104 and
23 USC §149.
Agreement Purpose
In accordance with 49 USC §5311, and the Coronavirus Response and Relief Supplemental Appropriations
Act of 2021 (CRRSAA) the purpose of this agreement is to provide funding that will support expenses
eligible under the relevant program, with an emphasis on payroll and operational needs prioritization. The
work to be completed under this Agreement by the Subrecipient is more specifically described in Exhibit A.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1. Exhibit A – Statement of Work and Budget.
2. Exhibit B – Sample Option Letter.
3. Exhibit C – Federal Provisions.
4. Exhibit D – Required Federal Contract/Agreement Clauses.
5. Exhibit E – Verification of Payment.
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such
conflict or inconsistency shall be resolved by reference to the documents in the following order of priority:
1. Exhibit C – Federal Provisions.
2. Exhibit D – Required Federal Contract/Agreement Clauses.
3. Colorado Special Provisions in §17 of the main body of this Agreement.
4. The provisions of the other sections of the main body of this Agreement.
5. Exhibit A – Statement of Work and Budget.
6. Executed Option Letters (if any).
Principal Representatives
For the State:
Brodie Ayers
Division of Transit and Rail
Colorado Dept. of Transportation
2829 W. Howard Place
Denver, CO 80204
brodie.ayers@state.co.us
For Subrecipient:
Eva Wilson
TOWN OF AVON
BOX D
AVON, CO 81620
ewilson@avon.org
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 2 of 44 Version 10/23/19
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this
Agreement and to bind the Party authorizing such signature.
SUBRECIPIENT
TOWN OF AVON
__________________________________________
__________________________________________
By: Print Name of Authorized Individual
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
__________________________________________
By: Herman Stockinger, Deputy Director and
Director of Policy
Date: _________________________
2nd State or Subrecipient Signature if needed
__________________________________________
__________________________________________
By: Print Name of Authorized Individual
Date: _________________________
LEGAL REVIEW
Philip J. Weiser, Attorney General
__________________________________________
By: Assistant Attorney General
Date: __________________________
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Department of Transportation
Effective Date:_____________________
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 3 of 44 Version 10/23/19
TABLE OF CONTENTS
1. PARTIES................................................................................................................................................. 3
2. TERM AND EFFECTIVE DATE .......................................................................................................... 3
3. DEFINITIONS ........................................................................................................................................ 4
4. STATEMENT OF WORK AND BUDGET ........................................................................................... 6
5. PAYMENTS TO SUBRECIPIENT ........................................................................................................ 6
6. REPORTING - NOTIFICATION ........................................................................................................... 8
7. SUBRECIPIENT RECORDS ................................................................................................................. 9
8. CONFIDENTIAL INFORMATION - STATE RECORDS .................................................................... 9
9. CONFLICTS OF INTEREST ............................................................................................................... 10
10. INSURANCE ........................................................................................................................................ 11
11. BREACH OF AGREEMENT ............................................................................................................... 12
12. REMEDIES ........................................................................................................................................... 12
13. DISPUTE RESOLUTION .................................................................................................................... 14
14. NOTICES and REPRESENTATIVES .................................................................................................. 14
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 14
16. GENERAL PROVISIONS .................................................................................................................... 15
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 17
1. PARTIES
This Agreement is entered into by and between Subrecipient named on the Cover Page for this Agreement (the
“Subrecipient”), and the STATE OF COLORADO acting by and through the State agency named on the Cover
Page for this Agreement (the “State”). Subrecipient and the State agree to the terms and conditions in this
Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be
expended by the Fund Expenditure End Date shown on the Cover Page for this Agreement. The State shall
not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to
pay Subrecipient for any Work performed or expense incurred before the Effective Date, except as described
in §5.D, or after the Fund Expenditure End Date.
B. Initial Term
The Parties’ respective performances under this Agreement shall commence on the Agreement Performance
Beginning Date shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement
Expiration Date shown on the Cover Page for this Agreement (the “Initial Term”) unless sooner terminated
or further extended in accordance with the terms of this Agreement.
C. Extension Terms - State’s Option
The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the
Initial Term for a period, or for successive periods, of one year or less at the same rates and under the same
terms specified in this Agreement (each such period an “Extension Term”). In order to exercise this option,
the State shall provide written notice to Subrecipient in a form substantially equivalent to the Sample Option
Letter attached to this Agreement.
D. End of Term Extension
If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, th e State, at
its discretion, upon written notice to Subrecipient in a form substantially equivalent to the Sample Option
Letter attached to this Agreement, may unilaterally extend such Initial Term or Extension Term for a period
not to exceed two months (an “End of Term Extension”), regardless of whether additional Extension Terms
are available or not. The provisions of this Agreement in effect when such notice is given shall remain in
effect during the End of Term Extension. The End of Term Extension shall automatically terminate upon
execution of a replacement Agreement or modification extending the total term of this Agreement.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 4 of 44 Version 10/23/19
E. Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado as determined
by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the
State, the State, in its discretion, may terminate this Agreement in whole or in part. A determination that this
Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate for
convenience. This subsection shall not apply to a termination of this Agreement by the State for Breach of
Agreement by Subrecipient, which shall be governed by §12.A.i.
i. Method and Content
The State shall notify Subrecipient of such termination in accordance with §14. The notice shall specify
the effective date of the termination and whether it affects all or a portion of this Agreement, and shall
include, to the extent practicable, the public interest justification for the termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Subrecipient shall be subject
to the rights and obligations set forth in §12.A.i.a.
iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Subrecipient an amount
equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the
percentage of Work satisfactorily completed and accepted, as determined by the State, less payments
previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State,
the State may reimburse Subrecipient for a portion of actual out-of-pocket expenses, not otherwise
reimbursed under this Agreement, incurred by Subrecipient which are directly attributable to the
uncompleted portion of Subrecipient’s obligations, provided that the sum of any and all reimbursement
shall not exceed the Subaward Maximum Amount payable to Subrecipient hereunder.
F. Subrecipient’s Termination Under Federal Requirements
Subrecipient may request termination of this Agreement by sending notice to the State, or to the Federal
Awarding Agency with a copy to the State, which includes the reasons for the termination and the effective
date of the termination. If this Agreement is terminated in this manner, then Subrecipient shall return any
advanced payments made for work that will not be performed prior to the effective date of the termination.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Agreement” means this subaward agreement, including all attached Exhibits, all documents incorporated
by reference, all referenced statutes, rules and cited authorities, and an y future modifications thereto.
B. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award.
The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of
the Federal Award specifically indicate otherwise.
C. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with
this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under
any bankruptcy, insolvency, reorganization or similar law, by or against Subrecipient, or the appointment of
a receiver or similar officer for Subrecipient or any of its property, which is not vacated or fully stayed within
30 days after the institution of such proceeding, shall also constitute a breach. If Subrecipient is debarred or
suspended under §24-109-105, C.R.S., at any time during the term of this Agreement, then such debarment
or suspension shall constitute a breach.
D. “Budget” means the budget for the Work described in Exhibit A.
E. “Business Day” means any day other than Saturday, Sunday, or a legal holiday as listed in §24-11-101(1),
C.R.S.
F. “CORA” means the Colorado Open Records Act, §§24 -72-200.1, et. seq., C.R.S.
G. “Deliverable” means the outcome to be achieved or output to be provided, in the form of a tangible or
intangible Good or Service that is produced as a result of Subrecipient’s Work that is intended to be delivered
by Subrecipient.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 5 of 44 Version 10/23/19
H. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State
Controller or designee, as shown on the Signature Page for this Agreement.
I. “End of Term Extension” means the time period defined in §2.D.
J. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the Cover Page
for this Agreement.
K. “Extension Term” means the time period defined in §2.C.
L. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract, under
the Federal Acquisition Regulations or by a formula or block grant, by a Federal Awarding Agency to the
Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of the Federal
Award. The term does not include payments to a Subrecipient or payments to an individual that is a
beneficiary of a Federal program.
M. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. Federal
Transit Administration (FTA) is the Federal Awarding Agency for the Federal Award which is the subject of
this Agreement.
N. “FTA” means Federal Transit Administration.
O. “Goods” means any movable material acquired, produced, or delivered by Subrecipient as set forth in this
Agreement and shall include any movable material acquired, produced, or delivered by Subrecipient in
connection with the Services.
P. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made
available for payment by the State under this Agreement.
Q. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the
unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or
information resources of the State, which are included as part of the Work, as described in §§24-37.5-401,
et. seq., C.R.S. Incidents include, without limitation (i) successful attempts to gain unauthorized access to a
State system or State Records regardless of where such information is located; (ii) unwanted disruption or
denial of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv)
changes to State system hardware, firmware, or software characteristics without the State’s knowledge,
instruction, or consent.
R. “Initial Term” means the time period defined in §2.B.
S. “Master Agreement” means the FTA Master Agreement document incorporated by reference and made part
of FTA’s standard terms and conditions governing the administration of a project supported with federal
assistance awarded by FTA.
T. “Matching Funds” (Local Funds, or Local Match) means the funds provided by Subrecipient as a match
required to receive the Grant Funds and includes in -kind contribution.
U. “Party” means the State or Subrecipient, and “Parties” means both the State and Subrecipient.
V. “PII” means personally identifiable information including, without limitation, any information maintained
by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name,
social security number, date and place of birth, mother’s maiden name, or biometric records . PII includes,
but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-
73-101, C.R.S.
W. “Recipient” means the State agency shown on the Signature and Cover Page s of this Agreement, for the
purposes of this Federal Award.
X. “Services” means the services to be performed by Subrecipient as set forth in this Agreement and shall
include any services to be rendered by Subrecipient in connection with the Goods.
Y. “State Confidential Information” means any and all State Records not subject to disclosure under CORA.
State Confidential Information shall include but is not limited to PII and State personnel records not subject
to disclosure under CORA. State Confidential Information shall not include information or data concerning
individuals that is not deemed confidential but nevertheless belongs to the State, which has been
communicated, furnished, or disclosed by the State to Subrecipient which (i) is subject to disclosure pursuant
to CORA; (ii) is already known to Subrecipient without restrictions at the time of its disclosure to
Subrecipient; (iii) is or subsequently becomes publicly available without breach of any obligation owed by
Subrecipient to the State; (iv) is disclosed to Subrecipient, without confidentiality obligations, by a third party
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 6 of 44 Version 10/23/19
who has the right to disclose such information; or (v) was independently developed without reliance on any
State Confidential Information.
Z. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24 -
30-202(13)(a), C.R.S.
AA. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and ending on June
30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal
Year ending in that calendar year.
BB. “State Records” means any and all State data, information, and records regardless of physical form.
CC. “Subaward Maximum Amount” means an amount equal to the total of Grant Funds for this Agreement.
DD. “Subcontractor” means any third party engaged by Subrecipient to aid in performance of the Work.
“Subcontractor” also includes sub -recipients of Grant Funds.
EE. “Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry out part of a
Federal program but does not include an individual that is a beneficiary of such program. A Subrecipient may
also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purposes of
this Agreement, Contractor is a Subrecipient.
FF. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, commonly known as the
“Super Circular, which supersedes requirements from OMB Circulars A -21, A-87, A-110, A-122, A-89, A-
102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up.
GG. “Work” means the Goods delivered and Services performed pursuant to this Agreement.
HH. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished,
including drafts. Work Product includes, but is not limited to, documents, text, software (including source
code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives,
pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information, and
any other results of the Work. “Work Product” does not include any material that was developed prior to the
Effective Date that is used, without modification, in the performance of the Work.
Any other term used in this Agreement that is defined elsewhere in this Agreement or in an Exhibit shall be
construed and interpreted as defined in that section.
4. STATEMENT OF WORK AND BUDGET
Subrecipient shall complete the Work as described in this Agreement and in accordance with the provisions of
Exhibit A. The State shall have no liability to compensate Subrecipient for the delivery of any goods or the
performance of any services that are not specifically set forth in this Agreement.
5. PAYMENTS TO SUBRECIPIENT
A. Subaward Maximum Amount
Payments to Subrecipient are limited to the unpaid, obligated balance of the Grant Funds. The State shall not
pay Subrecipient any amount under this Agreement that exceeds the Subaward Maximum Amount shown on
the Cover Page of this Agreement as “Federal Funds Maximum Amount”.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Subrecipient in the amounts and in accordance with the schedule and other
conditions set forth in Exhibit A.
b. Subrecipient shall initiate payment requests by invoice to the State, in a form and manner approved
by the State.
c. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long
as the amount invoiced correctly represents Work completed by Subrecipient and previously
accepted by the State during the term that the invoice covers. If the State determines that the amount
of any invoice is not correct, then Subrecipient shall make a ll changes necessary to correct that
invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work performed or Deliverables
provided under this Agreement.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 7 of 44 Version 10/23/19
ii. Interest
Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear interest
on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24-30-
202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts
that the State disputes in writing. Subrecipient shall invoice the State separately for accrued interest on
delinquent amounts, and the invoice shall reference the delinquent payment, the number of days’ interest
to be paid and the interest rate.
iii. Payment Disputes
If Subrecipient disputes any calculation, determination or amount of any payment, Subrecipient shall
notify the State in writing of its dispute within 30 days following the earlier to occur of Subrecipient’s
receipt of the payment or notification of the determination or calculation of the payment by the State.
The State will review the information presented by Subrecipient and may make changes to its
determination based on this review. The calculation, determination or payment amount that results from
the State’s review shall not be subject to additional dispute under this subsection. No payment subject to
a dispute under this subsection shall be due until after the State has concluded its review, and the State
shall not pay any interest on any amount during the period it is subject to dispute under this subsection.
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the current State Fiscal
Year. Payment to Subrecipient beyond the current State Fiscal Year is contingent on the appropriation
and continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special
Provisions). If federal funds or funds from any other non-State funds constitute all or some of the Grant
Funds, the State’s obligation to pay Subrecipient shall be contingent upon such non-State funding
continuing to be made available for payment. Payments to be made pursuant to this Agreement shall be
made only from Grant Funds, and the State’s liability for such payments shall be limited to the amount
remaining of such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become
unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in
whole or in part, without incurring further liability. The State shall, however, remain obligated to pay
for Services and Goods that are delivered and accepted prior to the effective date of notice of termination,
and this termination shall otherwise be treated as if this Agreement were terminated in the public interest
as described in §2.E.
v. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State
to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance
recovery is to be made within the Record Retention Period, as defined below.
C. Matching Funds
Subrecipient shall provide Matching Funds as provided in Exhibit A. Subrecipient shall have raised the full
amount of Matching Funds prior to the Effective Date and shall report to the State regarding the status of
such funds upon request. Subrecipient’s obligation to pay all or any part of any Matching Funds, whether
direct or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Agreement
by the authorized representatives of Subrecipient and paid into Subrecipient’s treasury or bank account.
Subrecipient represents to the State that the amount designated “Subrecipient’s Matching Funds” in Exhibit
A has been legally appropriated for the purposes of this Agreement by its authorized representatives and paid
into its treasury or bank account. Subrecipient does not by this Agreement irrevocably pledge present cash
reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple -fiscal
year debt of Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges, fees,
taxes or penalties of any nature, except as required by Subrecipient’s laws or policies.
D. Reimbursement of Subrecipient Costs
i. The State shall reimburse Subrecipient for the federal share of properly documented allowable costs
related to the Work after review and approval thereof, subject to the provisions of §5, this Agreement,
and Exhibit A. However, any costs incurred by Subrecipient prior to the Effective Date shall not be
reimbursed absent specific allowance of pre-award costs and indication that the Federal Award funding
is retroactive. The State shall pay Subrecipient for costs or expenses incurred or performance by the
Subrecipient prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2)
federal laws, rules, and regulations applicable to the Work provide for such retroactive payments to the
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 8 of 44 Version 10/23/19
Subrecipient. Any such retroactive payments shall comply with State Fiscal Rules and be ma de in
accordance with the provisions of this Agreement.
ii. The State shall reimburse Subrecipient’s allowable costs, not exceeding the Subaward Maximum
Amount shown on the Cover Page of this Agreement and on Exhibit A for all allowable costs described
in this Agreement and shown in Exhibit A, except that Subrecipient may adjust the amounts between
each line item of Exhibit A without formal modification to this Agreement as long as the Subrecipient
provides notice to the State of the change, the change does not modify the Subaward Maximum Amount
or the Subaward Maximum Amount for any federal fiscal year or State Fiscal Year, and the change does
not modify any requirements of the Work.
iii. The State shall only reimburse allowable costs described in this Agreement and shown in the Budget if
those costs are:
a. Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and
b. Equal to the actual net cost to Subrecipient (i.e. the price paid minus any items of value received by
Subrecipient that reduce the cost actually incurred).
iv. Subrecipient’s costs for Work performed after the Fund Expenditure End Date shown on the Cover Page
for this Agreement, or after any phase performance period end date for a respective phase of the W ork,
shall not be reimbursable. Subrecipient shall initiate any payment request by submitting invoices to the
State in the form and manner set forth and approved by the State .
E. Close-Out
Subrecipient shall close out this Award within 45 days after the Fund Expenditure End Date shown on the
Cover Page for this Agreement. To complete close-out, Subrecipient shall submit to the State all Deliverables
(including documentation) as defined in this Agreement and Subrecipient’s final reimbursement request or
invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and
accepted by the State as substantially complete. If the Federal Awarding Agency has not closed this Federal
Award within one year and 90 days after the Fund Expenditure End Date shown on the Cover Page for this
Agreement due to Subrecipient’s failure to submit required documentation, then Subrecipient may be
prohibited from applying for new Federal Awards through the State until such documentation is submitted
and accepted.
6. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to any other Exhibit, for any Agreement having a term longer
than three months, Subrecipient shall submit, on a quarterly basis, a written report specifying progress made
for each specified performance measure and standard in this Agreement. Such progress report shall be in
accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted
to the State not later than five Business Days following the end of each calendar quarter or at such time as
otherwise specified by the State.
B. Litigation Reporting
If Subrecipient is served with a pleading or other document in connect ion with an action before a court or
other administrative decision making body, and such pleading or document relates to this Agreement or may
affect Subrecipient’s ability to perform its obligations under this Agreement, Subrecipient shall, within 10
days after being served, notify the State of such action and deliver copies of such pleading or document to
the State’s Principal Representative identified on the Cover Page for this Agreement.
C. Performance and Final Status
Subrecipient shall submit all financial, performance and other reports to the State no later than 45 calendar
days after the end of the Initial Term if no Extension Terms are exercised, or the final Extension Term
exercised by the State, containing an evaluation and review of Subrecipient’s performance and the final status
of Subrecipient’s obligations hereunder.
D. Violations Reporting
Subrecipient shall disclose, in a timely manner, in writing to the State and the Federal Awarding Agency, all
violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting
the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 9 of 44 Version 10/23/19
allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitat ion, suspension or
debarment.
7. SUBRECIPIENT RECORDS
A. Maintenance
Subrecipient shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file
of all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work and the delivery of Services (including, but not
limited to the operation of programs) or Goods hereunder (collectively, the “Subrecipient Records”).
Subrecipient shall maintain such records for a period of three years following the date of submission to the
State of the final expenditure report, or if this Award is renewed quarterly or annually, from the date of the
submission of each quarterly or annual report, respectively (the “Record Retention Period”). If any litigation,
claim, or audit related to this Award starts before expiration of the Record Retention Period, the Record
Retention Period shall extend until all litigation, claims, or audit findings have been resolved and final action
taken by the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit,
oversight or indirect costs, and the State, may notify Subrecipient in writing that the Record Retention Period
shall be extended. For records for real property and equipment, the Record Retention Period shall extend
three years following final disposition of such property.
B. Inspection
Subrecipient shall permit the State, the federal government, and any other duly authorized agent of a
governmental agency to audit, inspect, examine, excerpt, copy and transcribe Subrecipient Records during
the Record Retention Period. Subrecipient shall make Subrecipient Records available during normal business
hours at Subrecipient’s office or place of business, or at other mutually agreed upon times or locations, upon
no fewer than two Business Days’ notice from the State, unless the State determines that a shorter period of
notice, or no notice, is necessary to protect the interests of the State.
C. Monitoring
The State, the federal government, and any other duly authorized agent of a governmental agency, in its
discretion, may monitor Subrecipient’s performance of its obligations under this Agreement using procedures
as determined by the State or that governmental entity. Subrecipient shall allow the State to perform all
monitoring required by the Uniform Guidance, based on the State’s risk analysis of Subrecipient and this
Agreement. The State shall have the right, in its sole discretion, to change its monitoring procedures and
requirements at any time during the term of this Agreement. The State shall monitor Subrecipient’s
performance in a manner that does not unduly interfere with Subrecipient’s performance of the Work.
D. Final Audit Report
Subrecipient shall promptly submit to the State a copy of any final audit report of an audit performed on
Subrecipient’s records that relates to or affects this Agreement or the Work, whether the audit is conducted
by Subrecipient or a third party. Additionally, if Subrecipient is required to perform a single audit under 2
CFR 200.501, et. seq., then Subrecipient shall submit a copy of the results of that audit to the State within
the same timelines as the submission to the federal government.
8. CONFIDENTIAL INFORMATION - STATE RECORDS
A. Confidentiality
Subrecipient shall keep confidential, and cause all Subcontractors to keep confidential, all State Records,
unless those State Records are publicly available. Subrecipient shall not, without prior written approval of
the State, use, publish, copy, disclose to any third party, or permit the use by any third party of any State
Records, except as otherwise stated in this Agreement, permitted by law or approved in writing by the State.
Subrecipient shall provide for the security of all State Confidential Information in accordance with all
applicable laws, rules, policies, publications, and guidelines. Subrecipient shall immediately forward any
request or demand for State Records to the State’s Principal Representative identified on the Cover Page of
the Agreement.
B. Other Entity Access and Nondisclosure Agreements
Subrecipient may provide State Records to its agents, employees, assigns and Subcontractors as necessary to
perform the Work, but shall restrict access to State Confidential Information to those agents, employees,
assigns and Subcontractors who require access to perform their obligations under this Agreement.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 10 of 44 Version 10/23/19
Subrecipient shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing
nondisclosure provisions at least as protective as those in this Agreement, and that the nondisclosure
provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State
Confidential Information. Subrecipient shall provide copies of those signed nondisclosure provisions to the
State upon execution of the nondisclosure provisions if requested by the State.
C. Use, Security, and Retention
Subrecipient shall use, hold and maintain State Confid ential Information in compliance with any and all
applicable laws and regulations only in facilities located within the United States, and shall maintain a secure
environment that ensures confidentiality of all State Confidential Information. Subrecipient shall provide the
State with access, subject to Subrecipient’s reasonable security requirements, for purposes of inspecting and
monitoring access and use of State Confidential Information and evaluating security control effectiveness.
Upon the expiration or termination of this Agreement, Subrecipient shall return State Records provided to
Subrecipient or destroy such State Records and certify to the State that it has done so, as directed by the State.
If Subrecipient is prevented by law or regulation from returning or destroying State Confidential Information,
Subrecipient warrants it will guarantee the confidentiality of, and cease to use, such State Confidential
Information.
D. Incident Notice and Remediation
If Subrecipient becomes aware of any Incident, Subrecipient shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined
by the State. Unless Subrecipient can establish that Subrecipient and its agents, employees, and
Subcontractors are not the cause or source of the Incident, Subrecipient shall be responsible for the cost of
notifying each person who may have been impacted by the Incident. After an Incident, Subrecipient shall
take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which
may include, but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State. The State may adjust or direct modifications to this plan, in its sole
discretion and Subrecipient shall make all modifications as directed by the State. If Subrecipient cannot
produce its analysis and plan within the allotted time, the State, in its sole discretion, may perfor m such
analysis and produce a remediation plan, and Subrecipient shall reimburse the State for the reasonable costs
thereof. The State may, in its sole discretion and at Subrecipient’s sole expense, require Subrecipient to
engage the services of an independent, qualified, State-approved third party to conduct a security audit.
Subrecipient shall provide the State with the results of such audit and evidence of Subrecipient’s planned
remediation in response to any negative findings.
E. Data Protection and Handling
Subrecipient shall ensure that all State Records and Work Product in the possession of Subrecipient or any
Subcontractors are protected and handled in accordance with the requirements of this Agreement, including
the requirements of any Exhibits hereto, at all times. As used in this section, the protections afforded Work
Product only apply to Work Product that requires confidential treatment.
F. Safeguarding PII
If Subrecipient or any of its Subcontractors will or may receive PII under this Agree ment, Subrecipient shall
provide for the security of such PII, in a manner and form acceptable to the State, including, without
limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer
access security, data access security, data storage encryption, data transmission encryption, security
inspections, and audits. Subrecipient shall be a “Third -Party Service Provider” as defined in §24-73-
103(1)(i), C.R.S., and shall maintain security procedures and practices c onsistent with §§24-73-101 et seq.,
C.R.S.
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Subrecipient shall not engage in any business or activities or maintain any relationships that conflict in any
way with the full performance of the obligations of Subrecipient under this Agreement. Such a conflict of
interest would arise when a Subrecipient or Subcontractor’s employee, officer or agent were to offer or
provide any tangible personal benefit to an employee of the State, or any member of his or her immediate
family or his or her partner, related to the award of, entry into or management or oversight of this Agreement.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 11 of 44 Version 10/23/19
B. Apparent Conflicts of Interest
Subrecipient acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest
shall be harmful to the State’s interests. Absent the State’s prior written approval, Subrecipient shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Subrecipient’s obligations under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Subrecipient is uncertain whether a conflict or the
appearance of a conflict has arisen, Subrecipient shall submit to the State a disclosure statement setting forth
the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to
follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement.
D. Subrecipient acknowledges that all State employees are subject to the ethical principles described in §24-18-
105, C.R.S. Subrecipient further acknowledges that State employees may be subject to the requirements of
§24-18-105, C.R.S., with regard to this Agreement. For the avoidance of doubt, an actual or apparent conflict
of interest shall exist if Subrecipient employs or contracts with any State employee, any former State
employee within six months following such employee’s termination of employment wit h the State, or any
immediate family member of such current or former State employee. Subrecipient shall provide a disclosure
statement as described in §9.C. no later than ten days following entry into a contractual or employment
relationship as described in this section. Failure to timely submit a disclosure statement shall constitute a
Breach of Agreement. Subrecipient may also be subject to such penalties as are allowed by law.
10. INSURANCE
Subrecipient shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance
as specified in this section at all times during the term of this Agreement. All insurance policies required by this
Agreement that are not provided through self-insurance shall be issued by insurance comp anies as approved by
the State.
A. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering
all Subrecipient or Subcontractor employees acting within the course and scope of their employment.
B. General Liability
Commercial general liability insurance covering premises operations, fire damage, independent contractors,
products and completed operations, blanket contractual liability, personal injury, and advertising liability
with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any 1 fire.
C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a
minimum limit of $1,000,000 each accident combined single limit .
D. Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases and
construction contracts require additional insured coverage for completed operations) required of Subrecipient
and Subcontractors.
E. Primacy of Coverage
Coverage required of Subrecipient and each Subcontractor shall be primary over any insurance or self-
insurance program carried by Subrecipient or the State.
F. Cancellation
All insurance policies shall include provisions preventing cancellation or non -renewal, except for
cancellation based on non-payment of premiums, without at least 30 days prior notice to Subrecipient and
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 12 of 44 Version 10/23/19
Subrecipient shall forward such notice to the State in accordance with §14 within seven days of
Subrecipient’s receipt of such notice.
G. Subrogation Waiver
All insurance policies secured or maintained by Subrecipient or its Subcontractors in relation to this
Agreement shall include clauses stating that each carrier shall waive all rights of recovery under subrogation
or otherwise against Subrecipient or the State, its agencies, institutions, organizations, officers, agents,
employees, and volunteers.
H. Public Entities
If Subrecipient is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24 -
10-101, et seq., C.R.S. (the “GIA”), Subrecipient shall maintain, in lieu of the liability insurance requirements
stated above, at all times during the term of this Agreement such liability insurance, by commercial policy or
self-insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within
the meaning of the GIA, Subrecipient shall ensure that the Subcontractor maintain at all times during the
terms of this Subrecipient, in lieu of the liability insurance requirements stated above, such liability insurance,
by commercial policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the
GIA.
I. Certificates
For each insurance plan provided by Subrecipient under this Agreement, Subrecipient shall provide to the
State certificates evidencing Subrecipient’s insurance coverage required in this Agreement prior to the
Effective Date. Subrecipient shall provide to the State certificates evidencing Subcontractor insurance
coverage required under this Agreement prior to the Effective Date, except that, if Subrecipient’s subcontract
is not in effect as of the Effective Date, Subrecipient shall provide to the State certificates showing
Subcontractor insurance coverage required under this Agreement within seven Business Days following
Subrecipient’s execution of the subcontract. No later than 15 days before the expiration date of Subrecipient’s
or any Subcontractor’s coverage, Subrecipient shall deliver to the State certificates of insurance evidencing
renewals of coverage. At any other time during the term of this Agreement, upon request by the State,
Subrecipient shall, within seven Business Days following the request by the State, supply to the State
evidence satisfactory to the State of compliance with the provisions of this section.
11. BREACH OF AGREEMENT
In the event of a Breach of Agreement, the aggrieved Party shall give written notice of breach to the other
Party. If the notified Party does not cure the Breach of Agreement, at its sole expense, within 30 days after
the delivery of written notice, the Party may exercise any of the remedies as described in §12 for that Party.
Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide
notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any
other remedy in this Agreement in order to protect the public interest of the State; or if Subrecipient is
debarred or suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure
period and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement
as of the date that the debarment or suspension takes effect.
12. REMEDIES
A. State’s Remedies
If Subrecipient is in breach under any provision of this Agreement and fails to cure such breach, the State,
following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in
addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the
remedies available to it, in its discretion, concurrently or consecutively.
i. Termination for Breach of Agreement
In the event of Subrecipient’s uncured breach, the State may terminate this entire Agreement or any part
of this Agreement. Additionally, if Subrecipient fails to comply with any terms of the Federal Award,
then the State may, in its discretion or at the direction of a Federal Awarding Agency, terminate this
entire Agreement or any part of this Agreement. Subrecipient shall continue performance of this
Agreement to the extent not terminated, if any.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 13 of 44 Version 10/23/19
a. Obligations and Rights
To the extent specified in any termination notice, Subrecipient shall not incur further obligations or
render further performance past the effective date of such notice, and shall terminate outstanding
orders and subcontracts with third parties. However, Subrecipient shall complete and deliver to the
State all Work not cancelled by the termination notice, and may incur obligations as necessary to do
so within this Agreement’s terms. At the request of the State, Subrecipient shall assign to the State
all of Subrecipient’s rights, title, and interest in and to such terminated orders or subcontracts. Upon
termination, Subrecipient shall take timely, reasonable and necessary action to protect and preserve
property in the possession of Subrecipient but in which the State has an interest. At the State’s
request, Subrecipient shall return materials owned by the State in Subrecipient’s possession at the
time of any termination. Subrecipient shall deliver all completed Work Product and all Work
Product that was in the process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Subrecipient for accepted Work
received as of the date of termination. If, after termination by the State, the State agrees that
Subrecipient was not in breach or that Subrecipient’s action or inaction was excusable, such
termination shall be treated as a termination in the public interest , and the rights and obligations of
the Parties shall be as if this Agreement had been terminated in the public interest under §2.E.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Subrecipient shall remain liable to the State
for any damages sustained by the State in connection with any breach by Subrecipient, and the State
may withhold payment to Subrecipient for the purpose of mitigating the State’s damages until such
time as the exact amount of damages due to the State from Subrecipient is determined. The State
may withhold any amount that may be due Subrecipient as the State deems necessary to protect the
State against loss including, without limitation, loss as a result of outstanding liens and excess costs
incurred by the State in procuring from third parties replacement Work as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
a. Suspend Performance
Suspend Subrecipient’s performance with respect to all or any portion of the Work pending
corrective action as specified by the State without entitling Subrecipient to an adjustment in price
or cost or an adjustment in the performance schedule. Subrecipient shall promptly cease performing
Work and incurring costs in accordance with the State’s directive, and the State shall not be liable
for costs incurred by Subrecipient after the suspension of performance.
b. Withhold Payment
Withhold payment to Subrecipient until Subrecipient corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Subrecipient’s actions or inactions, cannot be
performed or if they were performed are reasonably of no value to the state ; provided, that any
denial of payment shall be equal to the value of the obligations not performed.
d. Removal
Demand immediate removal of any of Subrecipient’s employees, agents, or Subcontractors from the
Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary
to the public interest or the State’s best interest.
e. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any Work is likely to
infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Subrecipient
shall, as approved by the State (i) secure that right to use such Work for the State and Subrecipient;
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 14 of 44 Version 10/23/19
(ii) replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing;
or, (iii) remove any infringing Work and refund the amount paid for such Work to the State.
B. Subrecipient’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach, Subrecipient,
following the notice and cure period in §11 and the dispute resolution process in §13 shall have all remedies
available at law and equity.
13. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement
which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a senior manager designated by
Subrecipient for resolution.
B. Resolution of Controversies
If the initial resolution described in §13.A fails to resolve the dispute within 10 Business Days, Subrecipient
shall submit any alleged breach of this Agreement by the State to the Procurement Official of the State
Agency named on the Cover Page of this Agreement as described in §24-101-301(30), C.R.S., for resolution
following the same resolution of controversies process as described in §§24 -106-109, and 24-109-101.1
through 24-109-505, C.R.S., (collectively, the “Resolution Statutes”), except that if Subrecipient wishes to
challenge any decision rendered by the Procurement Official, Subrecipient’s challenge shall be an appeal to
the executive director of the Department of Personnel and Administration, or their delegate, in the same
manner as described in the Resolution Statutes before Subrecipient pursues any further action. Except as
otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without
limitation, time limitations regardless of whether the Colorado Procurement Code applies to this Agreement .
14. NOTICES and REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for this Agreement shall be the
principal representative of the designating Party. All notices required or permitted to be given under this
Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or
registered mail to such Party’s principal representative at the address set forth on the Cover Page for this
Agreement or (C) as an email with read receipt requested to the principal representative at the email address, if
any, set forth on the Cover Page for this Agreement. If a Party delivers a notice to another through email and the
email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party
delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to
such Party’s principal representative at the address set forth on the Cover Page for this Agreement. Either Party
may change its principal representative or principal representative contact information, or may designate specific
other individuals to receive certain types of notices in addition to or in lieu of a principal representative, by notice
submitted in accordance with this section without a formal amendment to this Agreement. Unless otherwise
provided in this Agreement, notices shall be effective upon delivery of the written notice.
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Subrecipient agrees to provide to the State a royalty-free, non-exclusive and irrevocable license to reproduce
publish or otherwise use and to authorize others to use the Work Product described herein, for the Federal
Awarding Agency’s and State’s purposes. All Work Product shall be delivered to the State by Subrecipient
upon completion or termination hereof.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, all State Records, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes, studies, data,
images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas,
concepts, know-how, and information provided by or on behalf of the State to Subrecipient are the exclusive
property of the State (collectively, “State Materials”). Subrecipient shall not use, willingly allow, cause or
permit Work Product or State Materials to be used for any purpose other than the performance of
Subrecipient’s obligations in this Agreement without the prior written consent of the State. Upon termination
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 15 of 44 Version 10/23/19
of this Agreement for any reason, Subrecipient shall provide all Work Product and State Materials to the
State in a form and manner as directed by the State.
C. Exclusive Property of Subrecipient
Subrecipient retains the exclusive rights, title, and ownership to any and all pre -existing materials owned or
licensed to Subrecipient including, but not limited to, all pre-existing software, licensed products, associated
source code, machine code, text images, audio and/or video, and third -party materials, delivered by
Subrecipient under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable
(collectively, “Subrecipient Property”). Subrecipient Property shall be licensed to the State as set forth in this
Agreement or a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained
by the State from the applicable third-party vendor, or (iii) in the case of open source software, the license
terms set forth in the applicable open source license agreement.
16. GENERAL PROVISIONS
A. Assignment
Subrecipient’s rights and obligations under this Agreement are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such
consent shall be void. Any assignment or transfer of Subrecipient’s rights and obligations approved by the
State shall be subject to the provisions of this Agreement.
B. Subcontracts
Subrecipient shall not enter into any subaward or subcontract in connection with its obligations under this
Agreement without the prior, written approval of the State. Subrecipient shall submit to the State a copy of
each such subaward or subcontract upon request by the State. All subawards and subcontracts entered into
by Subrecipient in connection with this Agreement shall comply with all applicable federal and state laws
and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject
to all provisions of this Agreement. If the entity with whom Subrecipient enters into a subcontract or
subaward would also be considered a Subrecipient, then the subcontract or subaward entered into by
Subrecipient shall also contain provisions permitting both Subrecipient and the State to perform all
monitoring of that Subcontractor in accordance with the Uniform Guidance.
C. Binding Effect
Except as otherwise provided in §16.A, all provisions of this Agreement, including the benefits and burdens,
shall extend to and be binding upon the Parties’ respective successors and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this Agr eement and the
performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections,
exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same agreement.
G. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties related to the
Work, and all prior representations and understandings related to the Work, oral or written, are merged into
this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not
have any force or effect whatsoever, unless embodied herein.
H. Digital Signatures
If any signatory signs this Agreement using a digital signature in a ccordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under
the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system
through which that signatory signed shall be incorporated into this Agreement by reference.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 16 of 44 Version 10/23/19
I. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective
if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with
applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other
than Agreement amendments, shall conform to the policies issued by the Colorado State Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority
shall be interpreted to refer to such authority then current, as may have been changed or amended since the
Effective Date of this Agreement.
K. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in
any terms, conditions, or agreements appearing on Subrecipient’s or a Subcontractor’s website or any
provision incorporated into any click-through or online agreements related to the Work unless that provision
is specifically referenced in this Agreement.
L. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under this Agreement in accordance with the intent
of this Agreement.
M. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of this
Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other
Party.
N. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal
Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales
and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number
98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of
whether any political subdivision of the State imposes such taxes on Subrecipient. Subrecipient shall be solely
responsible for any exemptions from the collection of excise, sales or use taxes that Subrecipient may wish
to have in place in connection with this Agreement.
O. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §16.A, this Agreement does not and is
not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement
of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or
benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not
create any rights for such third parties.
P. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit
or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right,
power, or privilege preclude any other or further exercise of such right, power, or privilege.
Q. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and standards
required under §24-106-107, C.R.S., if any, are subject to public release through the CORA.
R. Standard and Manner of Performance
Subrecipient shall perform its obligations under this Agreement in accordance with the highest standards of
care, skill and diligence in Subrecipient’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations
i. Subrecipient shall secure, prior to the Effective Date, and maintain at all times during the term of this
Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to
perform its obligations under this Agreement, and shall ensure that all employees, agents and
Subcontractors secure and maintain at all times during the term of their employment, agency or
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 17 of 44 Version 10/23/19
Subcontractor, all license, certifications, permits and other authorizations required to perform their
obligations in relation to this Agreement.
ii. Subrecipient, if a foreign corporation or other foreign entity transacting business in the State of Colorado,
shall obtain prior to the Effective Date and maintain at all times during the term of this Agreement, at its
sole expense, a certificate of authority to transact business in the State of Colorado and designate a
registered agent in Colorado to accept service of process.
T. Federal Provisions
Subrecipient shall comply with all applicable requirements of Exhibits C and D at all times during the term
of this Agreement.
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all agreements except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee.
If this Agreement is for a Major Information Technology Project, as defined in §24 -37.5-102(2.6), C.R.S.,
then this Agreement shall not be valid until it has been approved by the State’s Chief Information Officer or
designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for
that purpose being appropriated, budgeted, and otherwise made available .
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled
and limited by the provisions of the Colorado Governmental I mmunity Act, §24-10-101, et seq., C.R.S.; the
Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management
statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Subrecipient shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Subrecipient nor any agent or employee of Subrecipient shall be deemed to be an agent or employee of the
State. Subrecipient shall not have authorization, express or implied, to bind the State to any agreement,
liability or understanding, except as expressly set forth herein. Subrecipient and its employees and agents
are not entitled to unemployment insurance or workers compensation benefits through the State and
the State shall not pay for or otherwise provide such coverage fo r Subrecipient or any of its agents or
employees. Subrecipient shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this Agreement. Subrecipient shall (i) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by law,
(ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and
those of its employees and agents.
E. COMPLIANCE WITH LAW.
Subrecipient shall comply with all applicable federal and State laws, rules, and regulations in effect or
hereafter established, including, without limitation, laws applicable to discrimination and unfair employment
practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this
Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the
City and County of Denver.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 18 of 44 Version 10/23/19
G. PROHIBITED TERMS.
Any term included in this Agreement that requires the State to indemnify or hold Subrecipient harmless;
requires the State to agree to binding arbitration; limits Subrecipient’s liability for damages resulting from
death, bodily injury, or damage to tangible property; or that conflict s with this provision in any way shall be
void ab initio. Nothing in this Agreement shall be construed as a waiver of any provision of §24 -106-109,
C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Subrecipient hereby certifies and warrants that, during the term of this Agreement and any extensions,
Subrecipient has and shall maintain in place appropriate systems and controls to prevent such improper use
of public funds. If the State determines that Subrecipient is in violation of this provision, the State may
exercise any remedy available at law or in equity or under this Agreement, including, without limitation,
immediate termination of this Agreement and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507,
C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Agreement. Subrecipient has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Subrecipient’s services and Subrecipient shall not employ any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller
may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for:
(i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or
other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division
of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation
Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action.
The State may also recover, at the State’s discretion, payments made to Subrecipient in error for any reason,
including, but not limited to, overpayments or improper payments, and unexpended or excess funds received
by Subrecipient by deduction from subsequent payments under this Agreement, deduction from any payment
due under any other contracts, grants or agreements between the State and Subrecipient, or by any other
appropriate method for collecting debts owed to the State.
K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Subrecipient certifies, warrants, and agrees that it does not
knowingly employ or contract with an illegal alien who will perform work under this Agreement and will
confirm the employment eligibility of all employees who are newly hired for employment in the United States
to perform work under this Agreement, through participation in the E-Verify Program or the State verification
program established pursuant to §8-17.5-102(5)(c), C.R.S., Subrecipient shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement or enter into a contract with a
Subcontractor that fails to certify to Subrecipient that the Subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement. Subrecipient (i) shall not use E-Verify
Program or the program procedures of the Colorado Department of Labor and Employment (“Department
Program”) to undertake pre-employment screening of job applicants while this Agreement is being
performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher
education within three days if Subrecipient has actual knowledge that a Subcontractor is employing or
contracting with an illegal alien for work under this Agreement, (iii) shall terminate the subcontract if a
Subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the
notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken
pursuant to §8-17.5-102(5), C.R.S., by the Colorado Dep artment of Labor and Employment. If Subrecipient
participates in the Department program, Subrecipient shall deliver to the contracting State agency, Institution
of Higher Education or political subdivision, a written, notarized affirmation, affirming that Subrecipient has
examined the legal work status of such employee, and shall comply with all of the other requirements of the
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 19 of 44 Version 10/23/19
Department program. If Subrecipient fails to comply with any requirement of this provision or §§8-17.5-101,
et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may
terminate this Agreement for breach and, if so terminated, Subrecipient shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S.
Subrecipient, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty
of perjury that Subrecipient (i) is a citizen or otherwise lawfully present in the United States pursuant to
federal law, (ii) shall comply with the provisions of §§24 -76.5-101, et seq., C.R.S., and (iii) has produced
one form of identification required by §24-76.5-103, C.R.S., prior to the Effective Date of this Agreement.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 20 of 44 Version 10/23/19
EXHIBIT A, STATEMENT OF WORK AND BUDGET
Project Description* 2021 5311 Coronavirus Response and Relief Supplemental Appropriations Act
(CRRSAA) & Winter Surge Operating
Federal Awarding Agency Federal Transit Administration (FTA)
Federal Regional Contact Cindy Terwilliger
Federal Award Date To Be Determined
Project End Date December 31, 2022
FAIN To Be Determined CFDA# 20.509
CFDA Title Formula Grants for Rural Areas Program
Subrecipient Town of Avon DUNS # 146666065
Contact Name Eva Wilson Vendor # 2000101
Address 500 Swift Gulch Road
Avon, CO 81620-0975
Phone # 970-748-4111
Email ewilson@avon.org Indirect Rate N/A
Total Project Budget $967,728.00
Budget WBS** ALI Federal Funds Local Funds Total
Operating 21-11-4CRSA.AVON.600 30.09.08 100% $967,728.00 0% $0.00 $967,728.00
Total Project Amount Encumbered via this Subaward Agreement $967,728.00
*This is not a research and development grant.
**The WBS numbers may be replaced without changing the amount of the subaward at CDOT’s discretion.
A. Project Description
Town of Avon shall maintain the existence of public transportation services through but not limited to the following
goals:
1. Support transit operations to prevent, prepare for, and respond to COVID -19 (see Section D for
more details);
2. Enhance access to health care, education, employment, public services, recreation, social
transactions, and other basic needs;
3. Assist in the maintenance, development, improvement and use of public transportation in their
Transportation Planning Region (TPR);
4. Encourage and facilitate the most efficient use of all transportation funds used to provide
passenger transportation in their TPR through the coordination of programs and services; and
5. Encourage mobility management, employment -related transportation alternatives, joint
development practices, and transit-oriented development.
This funding provides support for the services described above for the performance period from October 1, 2020 to
December 31, 2022.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 21 of 44 Version 10/23/19
B. Performance Standards
1. Project Milestones
Milestone Description Original Estimated
Completion Date
Submit Reimbursement Request in COTRAMS Monthly
Submit Quarterly Reports in COTRAMS Quarterly
Submit Final Reimbursement Request in COTRAMS 3/1/2023
IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement request)
must be completed no later than the expiration date of this Subaward Agreement: December 31, 2022.
2. Performance will be reviewed throughout the duration of this Subaward Agreement. Town of
Avon shall report to the CDOT Project Manager whenever one or more of the following occurs:
a. Budget or schedule changes;
b. Scheduled milestone or completion dates are not met;
c. Identification of problem areas and how the pro blems will be resolved; and/or
d. Expected impacts and the efforts to recover from delays.
C. Project Budget
1. The Total Project Budget is $967,728.00. CDOT will pay 100% of the eligible, actual operating
costs, up to the maximum amount of $967,728.00. CDOT will retain any remaining balance of the
federal share of CRRSAA FTA-5311 Funds. Town of Avon shall be solely responsible for all
costs incurred in the project in excess of the amount paid by CDOT from Federal Funds for the
federal share of eligible, actual costs. For CDOT accounting purposes, the $967,728.00 (100%) for
operating costs will be encumbered for this Subaward Agreement.
2. No refund or reduction of the amount of Town of Avon’s share to be provided will be allowed
unless there is at the same time a refund or reduction of the federal share of a proportionate
amount.
3. Per the terms of this Subaward Agreement, CDOT shall have no obligation to provide state funds
for use on this project. CDOT will administer Federal Funds for this Project under the terms of
this Subaward Agreement, provided that the federal share of FTA funds to be administered by
CDOT are made available and remain available. Town of Avon shall initiate and prosecute to
completion all actions necessary to enable Town of Avon to provide its share of the Total Project
Budget at or prior to the time that such funds are needed to meet the Total Project Budget.
D. Allowable Costs
1. Town of Avon shall agree to adhere to the provisions for allowable and unallowable costs cited in
the following regulations: 2 CFR 200.420 through 200.475; FTA C 5010.1E Chapter VI : Financial
Management; Master Agreement, Section 6 “Non-Federal Share;” and 2 CFR 200.102. Other
applicable requirements for cost allowability not cited previously, shall also be considered.
Town of Avon’s operating expenses (net fare revenue) are eligible beginning October 1, 2020.
Those costs include
a. Paying administrative leave of operations personnel due to reductions in services or
quarantine; paratransit service operating expenses;
b. Items having a useful life of less than one year, including personal protective equipment
and cleaning supplies; or
c. Costs directly related to system operations.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 22 of 44 Version 10/23/19
Town of Avon at a minimum, should consider the following items as operating expenses: fuel, oil,
drivers and dispatcher salaries and fringe benefits, and licenses.
2. Eligible expenses under CRRSAA funds cannot also be reimbursed utilizing regular 5311 or
CARES Act funds.
E. Reimbursement Eligibility
1. Town of Avon must submit invoice(s) monthly via COTRAMS. Reimbursement will apply only
to eligible expenses that are incurred within the period of performance (October 1, 2020 –
December 31, 2022) of this Subaward Agreement.
2. Reimbursement requests must be within the limits of Section D., Allowable Costs, of this
Subaward Agreement.
3. Town of Avon must submit the final invoice within sixty (60) calendar days of December 31,
2022, and submit a Grant Closeout and Liquidation (GCL) Form in COTRAMS within fifteen (15)
days of issuance of the final reimbursement payment.
F. Training
In an effort to enhance transit safety, Town of Avon and any subrecipients and subcontractors shall make a good
faith effort to ensure that appropriate training of agency and contracted personnel is oc curring and that personnel are
up to date in appropriate certifications. In particular, Town of Avon shall ensure that driving personnel are provided
professional training in defensive driving and training on the handling of mobility devices and transporti ng older
adults and people with disabilities.
G. Restrictions on Lobbying
Town of Avon is certifying that it complies with 2 CFR 200.450 by entering into this Subaward Agreement.
H. Special Conditions
1. Town of Avon will comply with all requirements imposed by CDOT on Town of Avon so that the
federal award is used in accordance with federal statutes, regulations, and the terms and conditions
of the federal award.
2. Town of Avon agrees that if it receives federal funding from the Federal Emergency Management
Agency (FEMA) or through a pass-through entity through the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, a different federal agency, or insurance proceeds for any portion
of a project activity approved for FTA funding under this Grant Agreement, it will provide written
notification to CDOT, and reimburse CDOT for any federal share that duplicates funding provided
by FEMA, another federal agency, or an insurance company.
3. Town of Avon must permit CDOT and their auditors to have access to Town of Avon’s records
and financial statements as necessary, with reasonable advance notice.
4. Record retention shall adhere to the requirements outlined in 2 CFR 200.333 and FTA C 5010.1E.
5. Town of Avon cannot request reimbursement for costs on this project from mo re than one Federal
Awarding Agency or other federal awards (i.e., no duplicate billing).
6. Town of Avon must obtain prior CDOT approval, in writing, if FTA funds are intended to be used
for payment of a lease or for third-party contracts.
7. If receiving FTA 5311 funding, Town of Avon shall advertise its fixed route and/or rural based
service as available to the general public and service will not be explicitly limited by trip purpose
or client type.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 23 of 44 Version 10/23/19
8. If receiving FTA 5311 funding, Town of Avon shall maintain and report annually all information
required by NTD and any other financial, fleet, or service data.
9. If receiving FTA 5311 or 5339 funding, Town of Avon will ensure subcontractors and
subrecipients comply with FTA Drug and Alcohol Regulations.
10. Town of Avon will comply with the Federal Transit Administration (FTA) Drug and Alcohol
Regulations, to include on time submission to FTA’s Drug and Alcohol Management Information
System (DAMIS).
11. Town of Avon shall ensure that it does not exclude from participation in, deny the benefits of, or
subject to discrimination any person in the United States on the ground of race, color, national
origin, sex, age or disability in accordance with Title VI of the Civil Rights Act of 1964.
12. Town of Avon shall seek to ensure non-discrimination in its programs and activities by developing
and maintaining a Title VI Program in accordance with the “Requirements for FTA Subrecipients”
in CDOT’s Title VI Program Plan and Federal Transit Administration Circular 4702.1B, “Title VI
Requirements and Guidelines for FTA Recipients.” The Party shall also facilitate FTA’s
compliance with Executive Order 12898 and DOT Order 5610.2(a) by incorporating the principles
of environmental justice in planning, project development and public outreach in acco rdance with
FTA Circular 4703.1 “Environmental Justice Policy Guidance for Federal Transit Administration
Recipients.”
13. Town of Avon will provide transportation services to persons with disabilities in accordance with
the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq.
14. Town of Avon shall develop and maintain an ADA Program in accordance with 28 CFR Part 35,
Nondiscrimination on the Basis of Disability in State and Local Government Services, FTA
Circular 4710.1, and any additional requirements established by CDOT for FTA Subrecipients.
15. Town of Avon shall ensure that it will comply with the Americans with Disabilities Act, Section
504 of the Rehabilitation Act, FTA guidance, and any other federal, state, and/or local laws, rules
and/or regulations. In any contract utilizing federal funds, land, or other federal aid, Town of Avon
shall require its subrecipients and/or contractors to provide a statement of written assurance that
they will comply with Section 504 and not discriminate on the basis of disability.
16. Town of Avon shall agree to produce and maintain documentation that supports compliance with
the Americans with Disabilities Act to CDOT upon request.
17. Town of Avon shall update its Agency Profile in COTRAMS with any alterations to existing
construction or any new construction in accordance with FTA Circular 4710.1.
18. If applicable, Town of Avon will adopt a Transit Asset Management Plan that complies with
regulations implementing 49 U.S.C. § 5326(d).
19. Town of Avon shall include nondiscrimination language and the Disadvantaged Business
Enterprise (DBE) assurance in all contracts and solicitations in accordance with DBE regulations,
49 CFR part 26 and CDOT’s DBE program.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 24 of 44 Version 10/23/19
EXHIBIT B, SAMPLE OPTION LETTER
State Agency
Department of Transportation
Option Letter Number
Insert the Option Number (e.g. "1" for the first
option)
Subrecipient
Insert Subrecipient's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other Contract Number of
the Original Contract
Subaward Agreement Amount
Federal Funds
Option Agreement Number
Insert CMS number or Other Contract Number of
this Option Maximum Amount (%) $0.00
Local Funds Agreement Performance Beginning Date
The later of the Effective Date or Month, Day,
Year
Local Match Amount (%) $0.00
Agreement Total $0.00 Current Agreement Expiration Date
Month, Day, Year
1. OPTIONS:
A. Option to extend for an Extension Term or End of Term Extension.
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) 2.B/2.C of the Original Agreement referenced
above, the State hereby exercises its option for an additional term/end of term extension, beginning Insert
start date and ending on the current agreement expiration date shown above, at the rates stated in the
Original Agreement, as amended.
B. For use with Options 1(A): The Subaward Agreement Amount table on the Agreement’s Cover Page
is hereby deleted and replaced with the Current Subaward Agreement Amount table shown above.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or ____, whichever is
later.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By: ________________________________________
Herman Stockinger, Deputy Director and Director of
Policy
Date: ________________________________
In accordance with §24-30-202, C.R.S., this Option
Letter is not valid until signed and dated below by
the State Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:_______________________________________
Department of Transportation
Option Letter Effective Date: __________________
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 25 of 44 Version 10/23/19
EXHIBIT C, FEDERAL PROVISIONS
1. APPLICABILITY OF PRO VISIONS
1.1. The Contract to which these Federal Provisions are attached has been funded, in whole or in part, with
an Award of Federal funds. In the event of a conflict between the provisions of these Federal Provisions,
the Special Provisions, the body of the Contract, or any attachments or exhibits incorporated into and
made a part of the Contract, the provisions of these Federal Provisions shall control.
2. DEFINITIONS
2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to
them below.
2.1.1. “Award” means an award of Federal financial assistance, and the Contract setting forth the terms
and conditions of that financial assistance, that a non-Federal Entity receives or administers.
2.1.1.1. Awards may be in the form of:
2.1.1.1.1. Grants;
2.1.1.1.2. Contracts;
2.1.1.1.3. Cooperative agreements, which do not include cooperative research and development
agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended
(15 U.S.C. 3710);
2.1.1.1.4. Loans;
2.1.1.1.5. Loan Guarantees;
2.1.1.1.6. Subsidies;
2.1.1.1.7. Insurance;
2.1.1.1.8. Food commodities;
2.1.1.1.9. Direct appropriations;
2.1.1.1.10. Assessed and voluntary contributions; and
2.1.2.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by
non-Federal Entities.
2.1.1.1.12. Any other items specified by OMB in policy memoranda available at the OMB website or
other source posted by the OMB.
2.1.1.2. Award does not include:
2.1.1.2.1. Technical assistance, which provides services in lieu of money;
2.1.1.2.2. A transfer of title to Federally-owned property provided in lieu of money; even if the award
is called a grant;
2.1.1.2.3. Any award classified for security purposes; or
2.1.1.2.4. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of
the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111 -5).
2.1.2. “Contract” means the Agreement or Subaward Agreement to which these Federal Provisions are
attached and includes all Award types in §2.1.1.1 of this Exhibit.
2.1.3. “Contractor” means the party or parties to a Contract or Subaward Agreement funded, in whole or
in part, with Federal financial assistance, other than the Prime Recipient, and includes Subrecipients
and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors .
2.1.4. “Data Universal Numbering System (DUNS) Number” means the nine-digit number established and
assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet’s
website may be found at: http://fedgov.dnb.com/webform.
2.1.5. “Entity” means all of the following as defined at 2 CFR part 25, subpart C;
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 26 of 44 Version 10/23/19
2.1.5.1. A governmental organization, which is a State, local government, or Indian Tribe;
2.1.5.2. A foreign public entity;
2.1.5.3. A domestic or foreign non-profit organization;
2.1.5.4. A domestic or foreign for-profit organization; and
2.1.5.5. A Federal agency, but only a Subrecipient under an Award or Sub award to a non-Federal entity.
2.1.6. “Executive” means an officer, managing partner or any other employee in a management position.
2.1.7. “Federal Award Identification Number (FAIN)” means an Award number assigned by a Federal
agency to a Prime Recipient.
2.1.8. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient as
described in 2 CFR §200.37
2.1.9. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law
109-282), as amended by §6202 of Public Law 110 -252. FFATA, as amended, also is referred to
as the “Transparency Act.”
2.1.10. “Federal Provisions” means these Federal Provisions subject to the Transparency Act and Uniform
Guidance, as may be revised pursuant to ongoing guidance from the relevant Federal or State of
Colorado agency or institutions of higher education.
2.1.11. “OMB” means the Executive Office of the President, Office of Management and Budget.
2.1.12. “Prime Recipient” means a Colorado State agency or institution of higher education that receives
an Award.
2.1.13. “Subaward” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal
Award. The terms and conditions of the Federal Award flow down to the Award unless the te rms
and conditions of the Federal Award specifically indicate otherwise in accordance with 2 CFR
§200.38. The term does not include payments to a contractor or payments to an individual that is a
beneficiary of a Federal program.
2.1.14. “Subrecipient” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a
non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance
of the Federal project or program for which the Federal funds were awarded. A Sub recipient is
subject to the terms and conditions of the Federal Award to the Prime Recipient, including program
compliance requirements. The term “Subrecipient” includes and may be referred to as Subrecipient.
The term does not include an individual who is a beneficiary of a federal program.
2.1.15. “Subrecipient Parent DUNS Number” means the sub recipient parent organization’s 9 -digit Data
Universal Numbering System (DUNS) number that appears in the sub recipient’s System for Award
Management (SAM) profile, if applicable.
2.1.16. “System for Award Management (SAM)” means the Federal repository into which an Entity must
enter the information required under the Transparency Act, which may be found at
http://www.sam.gov.
2.1.17. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the
Prime Recipient’s or Subrecipient’s preceding fiscal year and includes the following:
2.1.17.1. Salary and bonus;
2.1.17.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005)
(FAS 123R), Shared Based Payments;
2.1.17.3. Earnings for services under non-equity incentive plans, not including group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of Executives
and are available generally to all salaried employees;
2.1.17.4. Change in present value of defined benefit and actuarial pension plans;
2.1.17.5. Above-market earnings on deferred compensation which is not tax-qualified;
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 27 of 44 Version 10/23/19
2.1.17.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the Executive exceeds $10,000.
2.1.18. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006
(Public Law 109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also
is referred to as FFATA.
2.1.19. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes
requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-102,
and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and
conditions of the Uniform Guidance flow down to Awards to Subrecipie nts unless the Uniform
Guidance or the terms and conditions of the Federal Award specifically indicate otherwise.
2.1.20. “Vendor” means a dealer, distributor, merchant or other seller providing property or services
required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a
Subrecipient and is not subject to the terms and conditions of the Federal award. Program
compliance requirements do not pass through to a Vendor.
3. COMPLIANCE
3.1. Contractor shall comply with all applicable provisions of the Transparency Act, all applicable provisions
of the Uniform Guidance, and the regulations issued pursuant thereto, including but not limited to these
Federal Provisions. Any revisions to such provisions or regulations shall automatically become a part of
these Federal Provisions, without the necessity of either party executing any further instrument. The
State of Colorado may provide written notification to Contractor of such revisions, but such notice shall
not be a condition precedent to the effectiveness of such revisions.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND DATA UNIVERSAL NUMBERING
SYSTEM (DUNS) REQUIREMENTS
4.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the
final financial report required under the Award or receives final payment, whichever is later. Contractor
shall review and update SAM information at least annually after the initial registration, and more
frequently if required by changes in its information.
4.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor’s
information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently
if required by changes in Contractor’s information.
5. TOTAL COMPENSATION
5.1. Contractor shall include Total Compensation in SAM for each of its five most highly compensated
Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $25,000 or more; and
5.1.2. In the preceding fiscal year, Contractor received:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts
and/or Federal financial assistance Awards or Sub awards subject to the Transparency Act; and
5.1.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Sub awards subject to the
Transparency Act; and
5.1.3. The public does not have access to information about the compensation of such Executives through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
6. REPORTING
6.1. Contractor shall report data elements to SAM and to the Prime Recipient as required in this Exhibit if
Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall
be made to Contractor for providing any reports required under these Federal Provisions and the cost of
producing such reports shall be included in the Contract price. The reporting requirements in this Exhibit
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 28 of 44 Version 10/23/19
are based on guidance from the US Office of Management and Budget (OMB), and as such are subject
to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract
and shall become part of Contractor’s obligations under this Contract.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial award is
$25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in a
total Award of $25,000 or more, the Award is subject to the reporting requirements as of the date the
Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de -
obligated such that the total award amount falls below $25,000, the Award shall continue to be subject
to the reporting requirements.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime Recipient as of
December 26, 2015. The standards set forth in §11 below are applicable to audits of fiscal years
beginning on or after December 26, 2014 .
8. SUBRECIPIENT REPORTING REQUIREMENTS
8.1. If Contractor is a Subrecipient, Contractor shall report as set forth below.
8.1.1. To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for
each Federal Award Identification Number no later than the end of the month following the month
in which the Sub award was made:
8.1.1.1. Subrecipient DUNS Number;
8.1.1.2. Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account;
8.1.1.3. Subrecipient Parent DUNS Number;
8.1.1.4. Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4, and
Congressional District;
8.1.1.5. Subrecipient’s top 5 most highly compensated Executives if the criteria in §4 above are met;
and
8.1.1.6. Subrecipient’s Total Compensation of top 5 most highly compensated Executives if criteria in
§4 above met.
8.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of
the Agreement, the following data elements:
8.1.2.1. Subrecipient’s DUNS Number as registered in SAM.
8.1.2.2. Primary Place of Performance Information, including: Street Address, City, State, Country, Zip
code + 4, and Congressional District.
9. PROCUREMENT STANDARDS
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement procedures which
reflect applicable State, local, and Tribal laws and regulations, provided that the procurements conform
to applicable Federal law and the standards identified in the Uniform Guidance, inclu ding without
limitation, §§200.318 through 200.326 thereof.
9.2. Procurement of Recovered Materials. If a Subrec ipient is a State Agency or an agency of a political
subdivision of the State, its contractors must comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include
procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR
part 247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or
the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuri ng solid
waste management services in a manner that maximizes energy and resource recovery; and establishing
an affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 29 of 44 Version 10/23/19
10. ACCESS TO RECORDS
10.1. A Subrecipient shall permit Recipient and auditors to have access to Sub recipient’s records and financial
statements as necessary for Recipient to meet the requirements of §200.331 (Requirements for pass -
through entities), §§200.300 (Statutory and national policy requirements) through 200.309 (Period of
performance), and Subpart F-Audit Requirements of the Uniform Guidance. 2 CFR §200.331(a)(5).
11. SINGLE AUDIT REQUIREMENTS
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient’s fiscal year, the
Subrecipient shall procure or arrange for a single or program-specific audit conducted for that year in
accordance with the provisions of Subpart F-Audit Requirements of the Uniform Guidance, issued
pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR §200.501.
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform Guidance
§200.514 (Scope of audit), except when it elects to have a program -specific audit conducted in
accordance with §200.507 (Program-specific audits). The Subrecipient may elect to have a
program-specific audit if Subrecipient expends Federal Awards under only one Federal program
(excluding research and development) and the Federal program's statutes, regulations, or the terms
and conditions of the Federal award do not require a financial statement audit of Prime Recipient.
A program-specific audit may not be elected for research and development unless all of the Federal
Awards expended were received from Recipient and Recipient approves in advance a program-
specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscal year,
the Subrecipient shall be exempt from Federal audit requirements fo r that year, except as noted in 2
CFR §200.503 (Relation to other audit requirements), but records shall be available for review or
audit by appropriate officials of the Federal agency, the State, and the Government Accountability
Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for
the audit required by Part F of the Uniform Guidance and ensure it is properly performed and
submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare
appropriate financial statements, including the schedule of expenditures of Federal awards in
accordance with Uniform Guidance §200.510 (Financial statements) and provide the auditor with
access to personnel, accounts, books, records, supporting documentation, and other information as
needed for the auditor to perform the audit required by Uniform Guidance Part F -Audit
Requirements.
12. CONTRACT PROVISIONS FOR SUBRECIPIENT CONTRACTS
12.1. If Contractor is a Subrecipient, then it shall comply with and shall include all of the following applicable
provisions in all subcontracts entered into by it pursuant to this Agreement.
12.1.1. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60 -
1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with
Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964 -
1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246
Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60,
“Office of Federal Contract Compliance Programs, Equal Employment Op portunity, Department of
Labor.
12.1.1.1. During the performance of this contract, the contractor agrees as follows:
12.1.1.1.1. Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that 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
of pay or other forms of compensation; and selection for training, including apprenticeship.
The contractor agrees to post in conspicuous places, available to employees and applicants
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 30 of 44 Version 10/23/19
for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
12.1.1.1.2. Contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
12.1.1.1.3. Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
by the agency contracting officer, advising the labor union or workers' representative of
the contractor's commitments under section 202 of Executive Order 11246 of September
24, 1965, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
12.1.1.1.4. Contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
12.1.1.1.5. Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
12.1.1.1.6. In the event of Contractor's non-compliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the contractor may be declared ineligible
for further Government contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
12.1.1.1.7. Contractor will include the provisions of paragraphs (1) through (7) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will
take such action with respect to any subcontract or purchase order as may be directed by
the Secretary of Labor as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that in the event Contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of such direction,
the contractor may request the United States to enter into such litigation to protect the
interests of the United States.”
12.1.2. Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -
Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to laborers
and mechanics at a rate not less than the prevailing wages specified in a wage determination made
by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once
a week. The non-Federal entity must place a copy of the current prevailing wage determination
issued by the Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal
entity must report all suspected or reported violations to the Federal awarding agency. The contracts
must also include a provision for compliance with the Copeland “Anti -Kickback” Act (40 U.S.C.
3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants
from the United States”). The Act provides that each contractor or Subrecipient must be prohibited
from inducing, by any means, any person employed in the construction, completion, or repair of
public work, to give up any part of the compensation to which he or she is otherwise entitled. The
non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 31 of 44 Version 10/23/19
12.1.3. Rights to Inventions Made Under a Contract or Contract. If the Federal Award meets the
definition of “funding Contract” under 37 CFR §401.2 (a) and Subrecipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that “funding
Contract,” Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Contracts,” and any implementing regulations issued by the awarding
agency.
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended. Contracts and subawards of amounts in excess of $150,000 must contain
a provision that requires the non-Federal award to agree to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the
Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR
180.220) must not be made to parties listed on the government wide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that imple ment
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.
235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory
or regulatory authority other than Executive Order 12549.
12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must
also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier-to-tier up to the non-Federal award.
13. CERTIFICATIONS
13.1. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to submit
certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR
§200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of
the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the
project or activity was completed, or the level of effort was expended. 2 CFR §200.201(3). If the
required level of activity or effort was not carried out, the amount of the Award must be adjusted .
14. EXEMPTIONS
14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person,
unrelated to any business or non-profit organization he or she may own or operate in his or her name.
14.2. A Contractor with gross income from all sources of less than $300,000 in the previous tax year is exempt
from the requirements to report Subawards and the Total Compensation of its most highly compensated
Executives.
14.3. There are no Transparency Act reporting requirements for Vendors.
15. EVENT OF DEFAULT
15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Contract
and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default
remains uncured five calendar days following the termination of the 30-day notice period. This remedy
will be in addition to any other remedy available to the State of Colorado under the Contract, at law or
in equity.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 32 of 44 Version 10/23/19
EXHIBIT D, REQUIRED FEDERAL CONTRACT/AGREEMENT CLAUSES
All FTA-Assisted Third-Party Contracts and Subawards from the Current FTA Master Agreement
[FTA MA(23)]
Section 3.l. – No Federal government obligations to third-parties by use of a disclaimer
No Federal/State Government Commitment or Liability to Third Parties. Except as the Federal Government or
CDOT expressly consents in writing, the Subrecipient agrees that:
(1) The Federal Government or CDOT do not and shall not have any commitment or liability related to the
Agreement, to any Third-Party Participant at any tier, or to any other person or entity that is not a party (FTA,
CDOT or the Subrecipient) to the Agreement, and
(2) Notwithstanding that the Federal Government or CDOT may have concurred in or approved any Solicitation
or Third-Party Agreement at any tier that may affect the Agreement, the Federal Government and CDOT
does not and shall not have any commitment or liability to any Third Party Participant or other entity or
person that is not a party (FTA, CDOT, or the Subrecipient) to the Agreement.
Section 4.f. – Program fraud and false or fraudulent statements and related acts
False or Fraudulent Statements or Claims.
(1) Civil Fraud. The Subrecipient acknowledges and agrees that:
(a) Federal laws, regulations, and requirements apply to itself and its Agreement, including the Program
Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., and U.S. DOT regulations,
“Program Fraud Civil Remedies,” 49 C.F.R. part 31.
(b) By executing the Agreement, the Subrecipient certifies and affirms to the Federal Government the
truthfulness and accuracy of any claim, statement, submission, certification, assurance, affirmation, or
representation that the Subrecipient provides to the Federal Government and CDOT.
(c) The Federal Government and CDOT ma y impose the penalties of the Program Fraud Civil Remedies
Act of 1986, as amended, and other applicable penalties if the Subrecipient presents, submits, or makes
available any false, fictitious, or fraudulent information.
(2) Criminal Fraud. The Subrecipient acknowledges that 49 U.S.C. § 5323(l)(1) authorizes the Federal
Government to impose the penalties under 18 U.S.C. § 1001 if the Subrecipient provides a false, fictitious,
or fraudulent claim, statement, submission, certification, assurance, or re presentation in connection with a
federal public transportation program under 49 U.S.C. chapter 53 or any other applicable federal law.
Section 9. Record Retention and Access to Sites of Performance.
a. Types of Records. The Subrecipient agrees that it will retain, and will require its Third-Party Participants to retain,
complete and readily accessible records related in whole or in part to the Underlying Agreement, including, but
not limited to, data, documents, reports, statistics, subagreements, leases, third party contracts, arrangements,
other third-party agreements of any type, and supporting materials related to those records.
b. Retention Period. The Subrecipient agrees that it will comply with the record retention requirements in the
applicable U.S. DOT Common Rule. Records pertaining to its Award, the accompanying Agreement, and any
Amendments thereto must be retained from the day the Agreement was signed by the authorized FTA or State
official through the course of the Award, the accompanying Agree ment, and any Amendments thereto until three
years after the Subrecipient has submitted its last or final expenditure report, and other pending matters are closed.
c. Access to Recipient and Third-Party Participant Records. The Subrecipient agrees and assures that each
Subrecipient, if any, will agree to:
(1) Provide, and require its Third Party Participants at each tier to provide, sufficient access to inspect and audit
records and information related to its Award, the accompanying Agreement, and any Amendments thereto to
the U.S. Secretary of Transportation or the Secretary’s duly authorized representatives, to the Comptroller
General of the United States, and the Comptroller General’s duly authorized representatives, and to the
Subrecipient and each of its Subrecipient,
(2) Permit those individuals listed above to inspect all work and materials related to its Award, and to audit any
information related to its Award under the control of the Subrecipient or Third-Party Participant within books,
records, accounts, or other locations, and
(3) Otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements as set forth in the
applicable U.S. DOT Common Rules.
d. Access to the Sites of Performance. The Subrecipient agrees to permit, and to require its Third-Party Participants
to permit, FTA and CDOT to have access to the sites of performance of its Award, the accompanying Agreement,
and any Amendments thereto, and to make site visits as needed in compliance with State and the U.S. DOT
Common Rules.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 33 of 44 Version 10/23/19
e. Closeout. Closeout of the Award does not alter the record retention or access requirements of this section of th e
Master Agreement.
3.G – Federal Changes
Application of Federal, State, and Local Laws, Regulations, Requirements, and Guidance .
The Subrecipient agrees to comply with all applicable federal requirements and federal guidance. All standards
or limits are minimum requirements when those standards or limits are included in the Recipient’s Agreement or
this Master Agreement. At the time the FTA Authorized Official (CDOT) awards federal assistance to the
Subrecipient in support of the Agreement, the federal requirements and guidance that apply then may be modified
from time-to-time and will apply to the Subrecipient or the accompanying Agreement.
12 – Civil Rights
a. Nondiscrimination – Title VI of the Civil Rights Act. The Subrecipient agrees to, and assures that each Third-
Party Participant, will:
(1) Prohibit discrimination on the basis of race, color, or national origin,
(2) Comply with:
(a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq.,
(b) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part 21, and
(c) Federal transit law, specifically 49 U.S.C. § 5332 , and
(3) Follow:
(a) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal
Transit Administration Recipients,” to the extent consistent with applicable federal laws,
regulations, requirements, and guidance,
(b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3,
and
(c) All other applicable federal guidance that may be issued.
b. Equal Employment Opportunity.
(1) Federal Requirements and Guidance. The Subrecipient agrees to, and assures that each Third-Party
Participant will, prohibit, discrimination on the basis of race, color, religion, sex, sexual orientation,
gender identity, or national origin, and:
(a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.,
(b) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity”
September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends
or supersedes it in part and is applicable to federal assistance programs,
(c) Comply with federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this
Master Agreement,
(d) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines for
Federal Transit Administration Recipients,” and
(e) Follow other federal guidance pertaining to EEO laws, regulations, and requirements, and
prohibitions against discrimination on the basis of disability,
(2). Specifics. The Subrecipient agrees to, and assures that each Third-Party Participant will:
(a) Prohibited Discrimination. Ensure that applicants for employment are employed and employees are
treated during employment without discrimination on the basis of their race, color, religion, national
origin, disability, age, sexual orientation, gender identity, or status as a parent, as provided in
Executive Order No. 11246 and by any later Executive Order that amends or supersedes it, and as
specified by U.S. Department of Labor regulations,
(b) Affirmative Action. Take affirmative action that includes, but is not limited to:
1 Recruitment advertising, recruitment, and employment,
2 Rates of pay and other forms of compensation,
3 Selection for training, including apprenticeship, and upgrading, and
4 Transfers, demotions, layoffs, and terminations, but
(c) Indian Tribe. Recognize that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian
Tribes under the definition of “Employer,” and
(3) Equal Employment Opportunity Requirements for Construction Activities . Comply, when undertaking
“construction” as recognized by the U.S. Department of Labor (U.S. DOL), with:
(a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 34 of 44 Version 10/23/19
(b) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September
24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or
supersedes it, referenced in 42 U.S.C. § 2000e note.
c. Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following federal
prohibitions against discrimination on the basis of disability:
(1) Federal laws, including:
(a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits
discrimination on the basis of disability in the administration of federally assisted Programs,
Projects, or activities,
(b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which
requires that accessible facilities and services be made available to individuals with disabilities:
1 For FTA Recipients generally, Titles I, II, and III of the ADA apply, but
2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply
because it exempts Indian Tribes from the definition of “employer,”
(c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that
buildings and public accommodations be accessible to individuals with disabilities,
(d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited
basis for discrimination, and
(e) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or
individuals with disabilities.
(2) Federal regulations and guidance, including:
(a) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49
C.F.R. part 37,
(b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. part 27,
(c) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S.
DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38,
(d) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49
C.F.R. part 39,
(e) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local
Government Services,” 28 C.F.R. part 35,
(f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations
and in Commercial Facilities,” 28 C.F.R. part 36,
(g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with
Disabilities Act,” 29 C.F.R. part 1630,
(h) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and
Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part 64, Subpart
F,
(i) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standard s,” 36
C.F.R. part 1194,
(j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609,
(k) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance,” and
(l) Other applicable federal civil rights and nondiscrimination regulations and guidance.
Incorporation of FTA Terms – 16.a.
a. Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees:
(1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations,
and requirements in effect now or later that affect its third party procurements,
(2) To comply with the applicable U.S. DOT Common Rules, and
(3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contra cting
Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and
guidance.
Energy Conservation – 26.j
a. Energy Conservation. The Subrecipient agrees to, and assures that its Subrecipients, if any, will comply with the
mandatory energy standards and policies of its state energy conservation plans under the Energy Policy and
Conservation Act, as amended, 42 U.S.C. § 6321 et seq., and perform an energy assessment for any building
constructed, reconstructed, or modified with federal assistance required under FTA regulations, “Requirements
for Energy Assessments,” 49 C.F.R. part 622, subpart C.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 35 of 44 Version 10/23/19
Applicable to Awards exceeding $10,000
Section 11. Right of the Federal Government to Terminate.
a. Justification. After providing written notice to the Subrecipient, the Subrecipient agrees that the Federal
Government may suspend, suspend then terminate, or terminate all or any part of the federal assistance for the
Award if:
(1) The Subrecipient has failed to make reasonable progress implementing the Award,
(2) The Federal Government determines that continuing to provide federal assistance to support the Award does
not adequately serve the purposes of the law authorizing the Award, or
(3) The Subrecipient has violated the terms of the Agreement, especially if that violation would endanger
substantial performance of the Agreement.
b. Financial Implications. In general, termination of federal assistance for the Award will not invalidate obligations
properly incurred before the termination date to the extent that the obligations cannot be canceled. The Federal
Government may recover the federal assistance it has provided for the Award, including the federal assistance for
obligations properly incurred before the termination date, if it determines that the Subrecipient has misused its
federal assistance by failing to make adequate progress, failing to make appropriate use of the Project property,
or failing to comply with the Agreement, and require the Subrecipient to refund the entire amount or a lesser
amount, as the Federal Government may determine including obligations properly incurred before the termination
date.
c. Expiration of the Period of Performance. Except for a Full Funding Grant Agreement, expiration of any period of
performance established for the Award does not, by itself, constitute an expiration or termination of the Award;
FTA may extend the period of performance to assure that each Formula Project or related activities and each
Project or related activities funded with “no year” funds can receive FTA assistance to the extent FTA deems
appropriate.
Applicable to Awards exceeding $25,000
From Section 4. Ethics.
a. Debarment and Suspension. The Subrecipient agrees to the following:
(1) It will comply with the following requirements of 2 C.F.R. part 180, subpart C, as adopted and
supplemented by U.S. DOT regulations at 2 C.F.R. part 1200.
(2) It will not enter into any arrangement to participate in the development or implementation of the
Underlying Agreement with any Third-Party Participant that is debarred or suspended except as
authorized by:
(a) U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200,
(b) U.S. OMB regulatory guidance, “Guidelines to Agencies on Government-wide Debarment and
Suspension (Nonprocurement),” 2 C.F.R. part 180, including any amendments thereto,
(c) Executive Orders No. 12549, “Uniform Suspension, Debarment, or Exclusion of Participants from
Procurement or Nonprocurement Activity,” October 13, 1994,” 31 U.S.C. § 6101 note, as amended
by Executive Order No. 12689, “Debarment and Suspension,” August 16, 1989 , 31 U.S.C. § 6101
note, and
(d) Other applicable federal laws, regulations, or guidance regarding participation with debarred or
suspended Subrecipients or Third-Party Participants.
(3) It will review the U.S. GSA “System for Award Management – Lists of Parties Excluded from Federal
Procurement and Nonprocurement Programs,” https://www.sam.gov, if required by U.S. DOT
regulations, 2 C.F.R. part 1200.
(4) It will include, and require each Third-Party Participant to include, a similar provision in each lower tier
covered transaction, ensuring that each lower tier Third Party Participant:
(a) Complies with federal debarment and suspension requirements, and
(b) Reviews the SAM at https://www.sam.gov, if necessary to comply with U.S. DOT regulations, 2
C.F.R. part 1200.
(5) If the Subrecipient suspends, debars, or takes any similar action against a Third-Party Participant or
individual, the Subrecipient will provide immediate written notice to the:
(a) FTA Regional Counsel for the Region in which the Subrecipient is located or implements the
Agreement,
(b) FTA Headquarters Manager that administers the Grant or Cooperative Agreement, or
(c) FTA Chief Counsel.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 36 of 44 Version 10/23/19
Applicable to Awards exceeding the simplified acquisition threshold ($100,000-see Note)
Note: Applicable when tangible property or construction will be acquired
Section 15. Preference for United States Products and Services.
Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to comply with FTA’s
U.S. domestic preference requirements and follow federal guidance, including:
Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA regulations,
“Buy America Requirements,” 49 C.F.R. part 661, to the extent consistent with 49 U.S.C. § 5323(j).
Section 39. Disputes, Breaches, Defaults, or Other Litigation.
a. FTA Interest. FTA has a vested interest in the settlement of any violation of federal law, regulation, or
disagreement involving the Award, the accompanying Agreement, and any Amendments thereto including,
but not limited to, a default, breach, major dispute, or litigation, and FTA reserves the right to co ncur in any
settlement or compromise.
b. Notification to FTA. If a current or prospective legal matter that may affect the Federal Government emerges,
the Subrecipient must promptly notify the FTA Chief Counsel, or FTA Regional Counsel for the Region in
which the Subrecipient is located.
(1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach,
default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in
any forum for any reason.
(2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s
interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the
Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
(3) If the Subrecipient has credible evidence that a Principal, Official, Employee, Agent, or Third Party
Participant of the Subrecipient, or other person has submitted a false claim under the False Claims Act,
31 U.S.C. § 3729 et seq., or has committed a criminal or civil violation of law pertaining to such matters
as fraud, conflict of interest, bribery, gratuity, or similar misconduct involving federal assistance, the
Subrecipient must promptly notify the U.S. DOT Inspector General, in addition to the FTA Chief
Counsel or Regional Counsel for the Region in which the Subrecipient is located.
c. Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of any
proceeds recovered from any third party, based on the percentage of the federal share for the Agreement.
Notwithstanding the preceding sentence, the Subrecipient may return all liquidated damages it receives to its
Award Budget for its Agreement rather than return the federal share of those liquidated damages to the
Federal Government, provided that the Subrecipient receives FTA’s prior written concurrence.
d. Enforcement. The Subrecipient must pursue its legal rights and remedies available under any third-party
agreement, or any federal, state, or local law or regulation.
Applicable to Awards exceeding $100,000 by Statute
From Section 4. Ethics.
a. Lobbying Restrictions. The Subrecipient agrees that neither it nor any Third-Party Participant will use federal
assistance to influence any officer or employee of a federal agency, member of Congress or an employee of a
member of Congress, or officer or employee of Congress on matters that involve the Agreement, including any
extension or modification, according to the following:
(1) Laws, Regulations, Requirements, and Guidance. This includes:
(a) The Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended,
(b) U.S. DOT regulations, “New Restrictions on Lobbying,” 49 C.F.R. part 20, to the extent consistent with
31 U.S.C. § 1352, as amended, and
(c) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use of federal
assistance for any activity concerning legislation or appropriations designed to influence the U.S.
Congress or a state legislature, and
(2) Exception. If permitted by applicable federal law, regulations, requirements, or guidance, such lobbying
activities described above may be undertaken through the Subrecipient’s or Subrecipient’s proper official
channels.
Section 26. Environmental Protections – Clean Air and Clean Water
Other Environmental Federal Laws. The Subrecipient agrees to comply or facilitate compliance and assures
that its Third Party Participants will comply or facilitate compliance with all applicable federal laws,
regulations, and requirements, and will follow applicable guidance, including, but not limited to, the Clean
Air Act, Clean Water Act, Wild and Scenic Rivers Act of 1968, Coastal Zone Management Act of 1972,
the Endangered Species Act of 1973, Magnuson Stevens Fishery Conservation and Management Act,
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 37 of 44 Version 10/23/19
Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and
Liability Act, Executive Order No. 11990 relating to “Protection of Wetlands,” and E xecutive Order Nos.
11988 and 13690 relating to “Floodplain Management.”)
Applicable with the Transfer of Property or Persons
Section 15. Preference for United States Products and Services.
Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to comply with FTA’s
U.S. domestic preference requirements and follow federal guidance, including:
a. Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA
regulations, “Buy America Requirements,” 49 C.F.R. part 661, to the extent consistent with 49 U.S.C. §
5323(j),
b. Cargo Preference. Preference – Use of United States-Flag Vessels. The shipping requirements of 46 U.S.C.
§ 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 C.F.R.
part 381, and
c. Fly America. The air transportation requirements of Section 5 of the International Air Transportation Fair
Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and U.S. General Services
Administration (U.S. GSA) regulations, “Use of United States Flag Air Carriers,” 41 C.F.R. §§ 301 -10.131
– 301-10.143.
Applicable to Construction Activities
Section 24. Employee Protections.
a. Awards Involving Construction. The Subrecipient agrees to comply and assures that each Third-Party Participant
will comply with all federal laws, regulations, and requirements providing protections for construction employees
involved in each Project or related activities with federal assistance provided through the Agreement, including
the:
(1) Prevailing Wage Requirements of:
(a) Federal transit laws, specifically 49 U.S.C. § 5333(a), (FTA’s “Davis -Bacon Related Act”),
(b) The Davis-Bacon Act, 40 U.S.C. §§ 3141 – 3144, 3146, and 3147, and
(c) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R . part 5.
(2) Wage and Hour Requirements of:
(a) Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and
other relevant parts of that Act, 40 U.S.C. § 3701 et seq., an
(b) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5.
(3) “Anti-Kickback” Prohibitions of:
(a) Section 1 of the Copeland “Anti-Kickback” Act, as amended, 18 U.S.C. § 874,
(b) Section 2 of the Copeland “Anti-Kickback” Act, as amended, 40 U.S.C. § 3145, and
(c) U.S. DOL regulations, “Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States,” 29 C.F.R. part 3.
(4) Construction Site Safety of:
(a) Section 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3704, an d
other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and
(b) U.S. DOL regulations, “Recording and Reporting Occupational Injuries and Illnesses,” 29 C.F.R. part
1904; “Occupational Safety and Health Standards,” 29 C.F.R. part 1910; and “Safety and Health
Regulations for Construction,” 29 C.F.R. part 1926.
From Section 16
b. Bonding. The Subrecipient agrees to comply with the following bonding requirements and restrictions as provided
in federal regulations and guidance:
1 Construction. As provided in federal regulations and modified by FTA guidance, for each Project or related
activities implementing the Agreement that involve construction, it will provide bid guarantee bonds, contract
performance bonds, and payment bonds.
2 Activities Not Involving Construction. For each Project or related activities implementing the Agreement not
involving construction, the Subrecipient will not impose excessive bonding and will follow FTA guidance.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 38 of 44 Version 10/23/19
From Section 23
c. Seismic Safety. The Subrecipient agrees to comply with the Earthquake Hazards Reduction Act of 1977, as
amended, 42 U.S.C. § 7701 et seq., and U.S. DOT regulations, “Seismic Safety,” 49 C.F.R. part 41, specifically,
49 C.F.R. § 41.117.
Section 12 Civil Rights D.3
d. Equal Employment Opportunity Req uirements for Construction Activities. Comply, when undertaking
“construction” as recognized by the U.S. Department of Labor (U.S. DOL), with:
a. U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor,” 41 C.F.R. chapter 60, and
b. Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965,
42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced
in 42 U.S.C. § 2000e note.
Applicable to Nonconstruction Activities
From Section 24. Employee Protections
a. Awards Not Involving Construction. The Subrecipient agrees to comply and assures that each Third Party
Participant will comply with all federal laws, regulations, and requirements providing wage and hour protections
for nonconstruction employees, including Section 102 of the Contract Work Hours and Safety Standards Act, as
amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et s eq., and U.S. DOL
regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract
Work Hours and Safety Standards Act),” 29 C.F.R. part 5.
Applicable to Transit Operations
a. Public Transportation Employee Protective Arrangements . As a condition of award of federal assistance
appropriated or made available for FTA programs involving public transportation ope rations, the Subrecipient
agrees to comply and assures that each Third-Party Participant will comply with the following employee
protective arrangements of 49 U.S.C. § 5333(b):
(1) U.S. DOL Certification. When its Awarded, the accompanying Agreement, or any Amendments thereto
involve public transportation operations and are supported with federal assistance appropriated or made
available for 49 U.S.C. §§ 5307 – 5312, 5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, 5338(b),
or 5339, or former 49 U.S.C. §§ 5308, 5309, 5312, or other provisions of law as required by the Federal
Government, U.S. DOL must provide a certification of employee protective arrangements before FTA
may provide federal assistance for that Award. The Subrecipient agrees that the certification issued by
U.S. DOL is a condition of the Agreement and that the Subrecipient must comply with its terms and
conditions.
(2) Special Warranty. When its Agreement involves public transportation operations and is supported with
federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special
Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The
Subrecipient agrees that its U.S. DOL Special Warranty is a condition of the Agreement and the
Subrecipient must comply with its terms and conditions.
(3) Special Arrangements for Agreements for Federal Assistance Authorized under 49 U.S.C. § 5310. The
Subrecipient agrees, and assures that any Third Party Participant providing public transportation
operations will agree, that although pursuant to 49 U.S.C. § 5310, and former 49 U.S.C. §§ 5310 or 5317,
FTA has determined that it was not “necessary or appropriate” to apply the conditions of 49 U.S.C. §
5333(b) to any Subagreement participating in the program to provide public transportation for seniors
(elderly individuals) and individuals with disabilities, FTA reserves the right to make case-by- case
determinations of the applicability of 49 U.S.C. § 5333(b) for all trans fers of funding authorized under
title 23, United States Code (flex funds), and make other exceptions as it deems appropriate.
Section 28. Charter Service.
a. Prohibitions. The Recipient agrees that neither it nor any Third -Party Participant involved in the Award will
engage in charter service, except as permitted under federal transit laws, specifically 49 U.S.C. § 5323(d), (g),
and (r), FTA regulations, “Charter Service,” 49 C.F.R. part 604, any other Federal Charter Service regulations,
federal requirements, or federal guidance.
b. Exceptions. Apart from exceptions to the Charter Service restrictions in FTA’s Charter Service regulations, FTA
has established the following additional exceptions to those restrictions:
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 39 of 44 Version 10/23/19
(1) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with federal assistance
appropriated or made available for 49 U.S.C. § 5307 to support a Job Access and Reverse Commute (JARC)-
type Project or related activities that would have been eligible for assistance under repealed 49 U.S.C. § 5316
in effect in Fiscal Year 2012 or a previous fiscal year, provided that the Subrecipient uses that federal
assistance for FTA program purposes only, and
(2) FTA’s Charter Service restrictions do not apply to equipment or fa cilities supported with the federal
assistance appropriated or made available for 49 U.S.C. § 5310 to support a New Freedom -type Project or
related activities that would have been eligible for federal assistance under repealed 49 U.S.C. § 5317 in
effect in Fiscal Year 2012 or a previous fiscal year, provided the Subrecipient uses that federal assistance for
program purposes only.
c. Violations. If it or any Third Party Participant engages in a pattern of violations of FTA’s Charter Service
regulations, FTA may require corrective measures and remedies, including withholding an amount of federal
assistance as provided in FTA’s Charter Service regulations, 49 C.F.R. part 604, appendix D, or barring it or the
Third Party Participant from receiving federal assistance provided in 49 U.S.C. chapter 53, 23 U.S.C. § 133, or
23 U.S.C. § 142.
Section 29. School Bus Operations.
a. Prohibitions. The Subrecipient agrees that neither it nor any Third Party Participant that is participating in its
Award will engage in school bus operations exclusively for the transportation of students or school personnel in
competition with private school bus operators, except as permitted by federal transit laws, 49 U.S.C. § 5323(f) or
(g), FTA regulations, “School Bus Operations,” 49 C.F.R. part 605, and any other applicable federal “School Bus
Operations” laws, regulations, federal requirements, or applicable federal guidance.
b. Violations. If a Subrecipient or any Third-Party Participant has operated school bus service in violation of FTA’s
School Bus laws, regulations, or requirements, FTA may require the Subrecipient or Third Party Participant to
take such remedial measures as FTA considers appropriate, or bar the Subrecipient or Third Party Participant
from receiving federal transit assistance.
From Section 35 Substance Abuse
c. Alcohol Misuse and Prohibited Drug Use.
(1) Requirements. The Subrecipient agrees to comply and assures that its Third -Party Participants will comply
with:
(a) Federal transit laws, specifically 49 U.S.C. § 5331,
(b) FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49
C.F.R. part 655, and
(c) Applicable provisions of U.S. DOT regulations, “Procedures for Transportation Workplace Drug and
Alcohol Testing Programs,” 49 C.F.R. part 40.
(2) Remedies for Non-Compliance. The Subrecipient agrees that if FTA determines that the Subrecipient or a
Third-Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49
C.F.R. part 655, the Federal Transit Administrator may bar that Subrecipient or Third Party Participant from
receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive.
Applicable to Planning, Research, Development, and Documentation Projects
Section 17. Patent Rights.
a. General. The Subrecipient agrees that:
(1) Depending on the nature of the Agreement, the Federal Government may acquire patent rights when the
Subrecipient or Third-Party Participant produces a patented or patentable invention, improvement, or
discovery;
(2) The Federal Government’s rights arise when the patent or patentable information is conceived or reduced to
practice with federal assistance provided through the Agreement; or
(3) When a patent is issued or patented information becomes available as described in the preceding section
17.a.(2) of this Master Agreement (FTA MA(23)), the Subrecipient will notify FTA immediately and provide
a detailed report satisfactory to FTA.
b. Federal Rights. The Subrecipient agrees that:
(1) Its rights and responsibilities, and each Third-Party Participant’s rights and responsibilities , in that federally
assisted invention, improvement, or discovery will be determined as provided in applicable federal laws,
regulations, requirements, and guidance, including any waiver thereof, and
(2) Unless the Federal Government determines otherwise in writing, irrespective of its status or the status of any
Third Party Participant as a large business, small business, state government, state instrumentality, local
government, Indian tribe, nonprofit organization, institution of higher education, or individual, the
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 40 of 44 Version 10/23/19
Subrecipient will transmit the Federal Government’s patent rights to FTA, as specified in 35 U.S.C. § 200 et
seq., and U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 C.F.R.
part 401.
c. License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient agrees
that license fees and royalties for patents, patent applications, and inventions produced with federal assistance
provided through the Agreement are program income and must be used in compliance with applicable federal
requirements.
Section 18. Rights in Data and Copyrights.
a. Definition of “Subject Data.” As used in this section, “subject data” means recorded information whether or not
copyrighted, and that is delivered or specified to be delivered as required by the Agreement. Examples of “subject
data” include, but are not limited to computer software, standards, specifications, engineering drawings and
associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information,
but do not include financial reports, cost analyses, or other similar information used for performance or
administration of the Agreement.
b. General Federal Restrictions. The following restrictions apply to all subject data first produced in the performance
of the Agreement:
(1) Prohibitions. The Subrecipient may not publish or reproduce any subject data, in whole, in part, or in any
manner or form, or permit others to do so.
(2) Exceptions. The prohibitions do not apply to publications or reproductions for the Subrecipient’s own internal
use, an institution of higher learning, the portion of subject data that the Federal Government has previously
released or approved for release to the public, or the portion of data that has the Federal Government’s prior
written consent for release.
c. Federal Rights in Data and Copyrights. The Subrecipient agrees that:
(1) General. It must provide a license to its “subject data” to the Federal Government that is royalty -free, non-
exclusive, and irrevocable. The Federal Government’s license must permit the Federal Government to
reproduce, publish, or otherwise use the subject data or permit other entities or individuals to use the subject
data provided those actions are taken for Federal Government purposes, and
(2) U.S. DOT Public Access Plan – Copyright License. The Subrecipient grants to U.S. DOT a worldwide, non-
exclusive, non-transferable, paid-up, royalty-free copyright license, including all rights under copyright, to
any and all Publications and Digital Data Sets as such terms are defined in the U.S. DOT Public Access plan,
resulting from scientific research funded either fully or partially by this funding agreement. The Subrecipient
herein acknowledges that the above copyright license grant is firs t in time to any and all other grants of a
copyright license to such Publications and/or Digital Data Sets, and that U.S. DOT shall have priority over
any other claim of exclusive copyright to the same.
d. Special Federal Rights in Data for Research, Development, Demonstration, Deployment, Technical Assistance,
and Special Studies Programs. In general, FTA’s purpose in providing federal assistance for a research,
development, demonstration, deployment, technical assistance, or special studies program is to increase
transportation knowledge, rather than limit the benefits of the Award to the Subrecipient and its Third-Party
Participants. Therefore, the Subrecipient agrees that:
(1) Publicly Available Report. When an Award providing federal assistance for any of the programs described
above is completed, it must provide a report of the Agreement that FTA may publish or make available for
publication on the Internet.
(2) Other Reports. It must provide other reports related to the Award that FTA may request.
(3) Availability of Subject Data. FTA may make available its copyright license to the subject data, and a copy
of the subject data to any FTA Recipient or any Third -Party Participant at any tier, except as the Federal
Government determines otherwise in writing.
(4) Identification of Information. It must identify clearly any specific confidential, privileged, or proprietary
information submitted to FTA.
(5) Incomplete. If the Award is not completed for any reason whatsoever, all data developed with federa l
assistance for the Award becomes “subject data” and must be delivered as the Federal Government may
direct.
(6) Exception. This section does not apply to an adaptation of any automatic data processing equipment or
program that is both for the Subrecipient’s use and acquired with FTA capital program assistance.
e. License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient agrees
that license fees and royalties for patents, patent applications, and inventions produced with federal assistance
provided through the Agreement are program income and must be used in compliance with federal applicable
requirements.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 41 of 44 Version 10/23/19
f. Hold Harmless. Upon request by the Federal Government, the Subrecipient agrees that if it intentionally violates
any proprietary rights, copyrights, or right of privacy, and if its violation under the preceding section occurs from
any of the publication, translation, reproduction, delivery, use or disposition of subject data, then it will indemnify,
save, and hold harmless against any liability, including costs and expenses of the Federal Government’s officers,
employees, and agents acting within the scope of their official duties. The Subrecipient will not be required to
indemnify the Federal Government for any liability described in the preceding sentence, if the violation is caused
by the wrongful acts of federal officers, employees or agents, or if indemnification is prohibited or limited by
applicable state law.
g. Restrictions on Access to Patent Rights. Nothing in this section of this Master Agreement (FTA MA(23))
pertaining to rights in data either implies a license to the Federal Government under any patent, or may be
construed to affect the scope of any license or other right otherwise granted to the Feder al Government under any
patent.
h. Data Developed Without Federal Assistance or Support. The Subrecipient agrees that in certain circumstances it
may need to provide to FTA data developed without any federal assistance or support. Nevertheless, this section
generally does not apply to data developed without federal assistance, even though that data may have been used
in connection with the Award. The Subrecipient agrees that the Federal Government will not be able to protect
data developed without federal assistance from unauthorized disclosure unless that data is clearly marked
“Proprietary,” or “Confidential.”
i. Requirements to Release Data. The Subrecipient understands and agrees that the Federal Government may be
required to release data and information the Subrecipient submits to the Federal Government as required under:
(1). The Freedom of Information Act (FOIA), 5 U.S.C. § 552,
(2) The U.S. DOT Common Rules,
(3) U.S. DOT Public Access Plan, which provides that the Subrecipient agrees to satisfy the reporting and
compliance requirements as set forth in the U.S. DOT Public Access plan, including, but not limited to, the
submission and approval of a Data Management Plan, the use of Open Researcher and Contributor ID
(ORCID) numbers, the creation and maintenance of a Research Project record in the Transportation Research
Board’s (TRB) Research in Progress (RiP) database, and the timely and complete submission of all required
publications and associated digital data sets as such terms are defined in the DOT Public Access plan.
Additional information about how to comply with the requirements can be found at:
http://ntl.bts.gov/publicaccess/howtocomply.html, or
(4) Other federal laws, regulations, requirements, and guidance concerning access to records pertai ning to the
Award, the accompanying Agreement, and any Amendments thereto.
Miscellaneous Special Requirements
From Section 12. Civil Rights.
a. Disadvantaged Business Enterprise (and Prompt Payment and Return of Retainage). To the extent authorized by
applicable federal laws, regulations, or requirements, the Subrecipient agrees to facilitate, and assures that each
Third-Party Participant will facilitate, participation by small business concerns owned and controlled by socially
and economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs),
in the Agreement as follows:
(1) Statutory and Regulatory Requirements. The Subrecipient agrees to comply with:
(a) Section 1101(b) of the FAST Act, 23 U.S.C. § 101 note,
(b) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and
(c) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Mast er Agreement
(FTA MA(23)).
(2) DBE Program Requirements. A Subrecipient that receives planning, capital and/or operating assistance and
that will award prime third-party contracts exceeding $250,000 the requirements of 49 C.F.R. part 26.
(3) Special Requirements for a Transit Vehicle Manufacturer (TVM). The Subrecipient agrees that:
(a) TVM Certification. Each TVM, as a condition of being authorized to bid or propose on FTA-assisted
transit vehicle procurements, must certify that it has complied with the requirements of 49 C.F.R. part
26, and
(b) Reporting TVM Awards. Within 30 days of any third -party contract award for a vehicle purchase, the
Subrecipient must submit to FTA the name of the TVM contractor and the total dollar value of the third
party contract, and notify FTA that this information has been attached to FTA’s electronic award
management system. The Subrecipient must also submit additional notifications if options are exercised
in subsequent years to ensure that the TVM is still in good standin g.
(4) Assurance. As required by 49 C.F.R. § 26.13(a):
(a) Recipient Assurance. The Subrecipient agrees and assures that:
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 42 of 44 Version 10/23/19
1 It must not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any FTA or U.S. DOT-assisted contract, or in the administration of its DBE program
or the requirements of 49 C.F.R. part 26,
2 It must take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination
in the award and administration of U.S. DOT assisted contracts,
3 Its DBE program, as required under 49 C.F.R. part 26 and as approved by U.S. DOT, is incorporated
by reference and made part of the Underlying Agreement, and
4 Implementation of its DBE program approved by U.S. DOT is a legal obligation and failure to carry
out its terms shall be treated as a violation of the Master Agreement (FTA MA(23)).
(b) Subrecipient/Third Party Contractor/Third Party Subcontractor Assurance. The Subrecipient agrees and
assures that it will include the following assurance in each subagreement and third-party contract it signs
with a Subrecipient or Third-Party Contractor and agrees to obtain the agreement of each of its
Subrecipients, Third Party Contractors, and Third Party Subcontractors to include the following
assurance in every subagreement and third party contract it signs:
1 The Subrecipient, each Third-Party Contractor, and each Third-Party Subcontractor must not
discriminate on the basis of race, color, national origin, or sex in the award and performance of any
FTA or U.S. DOT-assisted subagreement, third party contract, and third party subcontract, as
applicable, and the administration of its DBE program or the requirements of 49 C.F.R. part 26,
2 The Subrecipient, each Third-Party Contractor, and each Third-Party Subcontractor must take all
necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award
and administration of U.S. DOT-assisted subagreements, third party contracts, and third party
subcontracts, as applicable,
3 Failure by the Subrecipient and any of its Third Party Contractors or Third Party Subcontractors to
carry out the requirements of subparagraph 12.e(4)(b) (of FTA MA(23)) is a material breach of their
subagreement, third party contract, or third party subcontra ct, as applicable, and
4 The following remedies, or such other remedy as the Subrecipient deems appropriate, include, but
are not limited to, withholding monthly progress payments; assessing sanctions; liquidated damages;
and/or disqualifying the Subrecipient, Third Party Contractor, or Third -Party Subcontractor from
future bidding as non-responsible.
(5) Remedies. Upon notification to the Subrecipient of its failure to carry out its approved program, FTA or U.S.
DOT may impose sanctions as provided for under 49 C.F.R. part 26, and, in appropriate cases, refer the
matter for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil Remedies Act
of 1986, 31 U.S.C. § 3801 et seq.
From Section 12. Civil Rights.
b. Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following federal
prohibitions against discrimination on the basis of disability:
(1) Federal laws, including:
(a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits
discrimination on the basis of disability in the administration of federally assisted Programs,
Projects, or activities,
(b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which
requires that accessible facilities and services be made available to individuals with disabilities:
1 For FTA Recipients generally, Titles I, II, and III of the ADA apply, but
2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply
because it exempts Indian Tribes from the definition of “employer,”
(c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that
buildings and public accommodations be accessible to individuals with disabilities,
(d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited
basis for discrimination, and
(e) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or
individuals with disabilities.
(2) Federal regulations and guidance, including:
(a) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R.
part 37,
(b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. part 27,
(c) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S.
DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38,
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 43 of 44 Version 10/23/19
(d) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49
C.F.R. part 39,
(e) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government
Services,” 28 C.F.R. part 35,
(f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations
and in Commercial Facilities,” 28 C.F.R. part 36,
(g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with
Disabilities Act,” 29 C.F.R. part 1630,
(h) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and
Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part 64, Subpart F,
(i) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36
C.F.R. part 1194,
(j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609,
(k) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance,” and
(l) Other applicable federal civil rights and nondiscrimination regulations and guidance .
Section 16. Procurement. For Assignability
a. Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees:
(1 To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations, and
requirements in effect now or later that affect its third-party procurements,
(2) To comply with the applicable U.S. DOT Common Rules, and
(3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contracting
Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance.
State Requirements
Section 37. Special Notification Requirements for States.
a. Types of Information. To the extent required under federal law, the State, agrees to provide the following
information about federal assistance awarded for its State Program, Project, or related activities:
(1) The Identification of FTA as the federal agency providing the federal assistance for a State Program or
Project,
(2) The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for a
State Program or Project is authorized, and
(3) The amount of federal assistance FTA has provided for a State Program or Project.
b. Documents. The State agrees to provide the information required under this provision in the following documents:
(1) applications for federal assistance, (2) requests for proposals, or solicitations, (3) forms, (4) notifications, (5)
press releases, and (6) other publications..
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
Contract Number: 21-HTR-ZL-00302/491002604 Page 44 of 44 Version 10/23/19
EXHIBIT E, VERIFICATION OF PAYMENT
This checklist is to assist the Subrecipient in preparation of its billing packets to State. This checklist
is provided as guidance and is subject to change by State. State shall provide notice of any such
changes to Subrecipient. All items may not apply to your particular entity. State’s goal is to
reimburse Subrecipients as quickly as possible and a well organized and complete billing packet
helps to expedite payment.
Verification of Payment –
General Ledger Report must have the following:
Identify check number or EFT number;
If no check number is available, submit Accounts Payable Distribution report with the
General Ledger;
In-Kind (must be pre-approved by State) and/or cash match;
Date of the report;
Accounting period;
Current period transactions; and
Account coding for all incurred expenditures.
If no General Ledger Report, all of the following are acceptable :
copies of checks;
check registers; and
paycheck stub showing payment number, the amount paid, the check number or
electronic funds transfer (EFT), and the date paid.
State needs to ensure that expenditures incurred by the local agencies have been paid by
Party before State is invoiced by Party.
Payment amounts should match the amount requested on the reimbursement. Additional
explanation and documentation is required for any variances.
In-Kind or Cash Match – If an entity wishes to use these types of match, they must be
approved by State prior to any Work taking place.
If in-kind or cash match is being used for the Local Match, the in-kind or cash match
portion of the project must be included in the project application and the statement of work
attached to the Agreement or purchase order. FTA does not require pre-approval of in-kind
or cash match, but State does.
General ledger must also show the in-kind and/or cash match.
Indirect costs – If an entity wishes to use indirect costs, the rate must be approved by State
prior to applying it to the reimbursements.
If indirect costs are being requested, an approved indirect letter from State or your
cognizant agency for indirect costs, as defined in 2 CCR §200. 19, must be provided. The
letter must state what indirect costs are allowed, the approved rate and the time period for
the approval. The indirect cost plan must be reconciled ann ually and an updated letter
submitted each year thereafter.
Fringe Benefits- Considered part of the Indirect Cost Rate and must be reviewed and
approved prior to including these costs in the reimbursements.
Submit an approval letter from the cognizant agency for indirect costs, as defined in 2 CCR
§200. 19, that verifies fringe benefit, or
Submit the following fringe benefit rate proposal package to State Audit Division:
Copy of Financial Statement;
Personnel Cost Worksheet;
State of Employee Benefits; and
Cost Policy Statement.
DocuSign Envelope ID: 116DE335-0848-44CA-9CFD-E0EC582770E0
ATTACHMENT: State of Colorado Grant Agreement
970-390-2014 ewilson@avon.org
TO: Honorable Mayor Smith Hymes and Council members
FROM: Eva Wilson, Mobility Director
RE: MOU – The Colorado EV Rental Car Program
DATE: June 14, 2020
SUMMARY: The Colorado Energy Office and the Office of Economic Development and International Trade,
Colorado Tourism Office have partnered with the Electrification Coalition to develop an electric vehicle
(“EV”) Rental Car Program in Eagle County. The Colorado EV Rental Car Program will provide an
opportunity for consumers to experience the thrill of driving an electric vehicle for an extended period of
time and reduce the GHG impact of rental car fleets. By utilizing the EV rental car network at Eagle County
Regional Airport, Colorado visitors will have the opportunity to become familiar with the capabilities and
benefits of EVs, ultimately increasing the likelihood that they will purchase their own EV in the future.
Further, consumers will have the chance to experience the performance and utility of electric vehicles in
mountainous terrain and winter weather, thereby helping to bust the myth that EVs do not perform well in
the cold and for outdoor recreation. Renting an EV will also allow tourists to enjoy Colorado’s mountains
while reducing the carbon footprint of their trip. This program will deliver an opportunity for a trial run on
EVs in a rental car application before scaling to other parts of the state, as well as larger airports such as
Denver International Airport.
Avon Recreation Center will provide two one-day passes as an EV rental incentive at a retail value of $30.
This partnership will not only encourage EV use and reduce carbon emissions, but it will also showcase
one of Avon’s flagship amenities, the Avon Recreation Center.
FINANCIAL CONSIDERATIONS: The retail value for two (2) one-day Rec Center passes is $30. At this
planning stage, the number of EVs for rental has not been determined. For discussion purposes, assuming
10 EVs available for rental with a 5-day average rental term, the monthly retail value could be
$1,800/month. We anticipate sales/revenue from EV visitors once they have been introduced to the Rec
Center.
RECOMMENDATION: I recommend participating in the Colorado EV Rental Program.
PROPOSED MOTION : “I move to enter into a Memorandum of Understanding for the Colorado EV Car
Program.”
Thanks, Eva
ATTACHMENTS: Memorandum of Understanding.
MEMORANDUM OF UNDERSTAND ING
between the COLORADO ENERGY OFFICE, the COLORADO TOURISM OFFICE
and the TOWN of AVON.
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is entered into by and between the STATE
OF COLORADO (the “State”), acting by and through the Colorado En ergy Office (the “CEO”), the Office
of Economic Development and International Trade, Colorado Tourism Office (the “CTO”) and the Town
of Avon (the “Perk Partner”). “Party” means the State, CEO, CTO, or Perk Partner and “Parties” means
both the State/CEO/CTO and the Perk Partner.
RECITALS
WHE REAS, the Parties are working together collaboratively to accelerate the rental of electric
vehicles at Eagle County Airport and adhere to terms that are mutually beneficial.
NOW, THEREFORE, for and in consideration of the mutual covenants and the representations and
covenants contained herein, the parties hereto agree as follows:
1. Effective Date of MOU. This MOU shall become effective up on the later date on which the
Director or auth orized designee of the CEO, the CTO or the representative for the Rental Car
Agency has signed it.
2. Term of MOU. The Parties’ respective performances under this MOU shall commence on the
Effective Date and expire three years from date of signature or at the end of the term of services.
3. Responsibilities of the CEO to Perk Partner. The responsibilities of the CEO include, but are not
limited to:
a. Upon execution of this MOU, the CEO will assign a staff person to provide advice and technical
assistance throughout the lifecycle of EV Rental Car Program;
b. The CEO will provide information on electric vehicles and the charging station funding
opportunities and infrastructure available;
c. The CEO will provide personalized electric vehicle and electric vehicle charging consulting
through its ReCharge Colorado program
4. Responsibilities of the CTO to Perk Partner. The responsibilities of the CTO include, but are not
limited to:
a. Upon execution of this MOU, the CTO will assign a staff person to participate in partner
meetings and provide guidance throughout the lifecycle of EV Rental Car
Program;
b. CTO will include promotion of the EV Rental Car Program into its promotion of
electric vehicle tourism on Colorado.com and other communication channels
ATTACHMENT: MOU Colorado Energy Office
owned by the CTO;
c. CTO will include the EV Rental Car Program as an option for earned media promotion for
publications that are seeking low impact travel experiences in Colorado.
5. Responsibilities of the Perk Partner. The responsibilities of the Perk Partner include:
a. By executing this MOU, Perk Partner agrees to program participation in the CEO/CTO EV Rental
Car Program and engage the CEO and the CTO for assistance in all stages of the Program,
including project development;
b. Perk Partner will provide two (2) one-day passes to the Avon Recreation Center;
c. Perk Partner will cover the cost of the perk for the duration of the agreement;
d. Perk Partner will provide education to staff and renters about the program as needed;
e. Perk Partner will update its business listing on Colorado.com to reflect their participation in the
EV Rental Car Program and the perk(s) they are providing to support it;
f. During project reviews and any other reviews, Perk Partner will endeavor to address
recommendations from the CEO and the CTO;
g. As requested by the CEO or the CTO and as needed, Perk Partner agrees to provide the CEO and
the CTO with information regarding metrics and activities on uptake of perks, consumer
satisfaction, and other EV-related program elements.
6. THIS MOU IS NOT INT ENDED TO CREATE, NOR WILL THIS MOU BE CONSTRUED OR INTERPRETED AS
CREATING A LEGALLY BINDING AND EN FORCEABLE CONTRACT BET WEEN THE PARTIES. IN THE
EVENT EITHER PARTY FAILS TO FULLY COMPLY WITH THE PROVISIONS OF THIS MOU, THERE
WILL BE NO LEGAL OR EQUITABLE REME DIES AVAILABLE TO EITHER PARTY. THE SOLE REMEDY
AVAILABLE TO THE PARTIES FOR FAILURE TO FULLY COMPLY WITH THE PROVISIONS O F THIS MOU
IS TO TER MINATE THIS MOU. THE RENTAL CAR AGENCY ACK NOWLEDGES AND AGREES THAT CEO’S
AND CTO’s SERVICES MAY INCLUDE ADVICE AND RECOMMENDATIONS, BUT ALL DE CISIONS IN
CONNECTION WITH THE RENTAL CAR AGENCY’S PROJECT SHALL BE THE SOLE RESPONSIBILITY OF
THE RENTAL CAR AGENCY, ITS AGENTS AND CONTRACTOR S.
7. Notwithstanding any provision of this MOU to the contrary, in the event the State violates any
provision of this MOU, the State shall suffer no financial penalty or consequence.
ATTACHMENT: MOU Colorado Energy Office
8. Signatures. IN WITNESS WHEREOF, the Parties have executed this MOU as of the Effective Date.
STATE OF COLORADO, acting by and through the
COLORADO ENERGY OFFICE and the COLORADO
TOURISM OFFICE:
Town of Avon:
Will Toor, Director
Colorado Energy Office
Date Perk Partner Representative
Name: Eric Heil
Title: Town Manager
Date
_X_ Yes! I have reviewed this MOU
and accept the terms.
___ No thank you. I have reviewed
this MOU and decline the terms.
Jill Corbin, Interim Director
Colorado Tourism Office
Date
ATTACHMENT: MOU Colorado Energy Office
970-748-4413 mpielsticker@avon.org
TO: Honorable Mayor Smith Hymes and Council Members FROM: Matt Pielsticker, AICP, Planning Director
RE: Riverfront Lane Revocable License Agreement
DATE: June 15, 2021
INTRODUCTION: The Planning and Zoning Commission (“PZC”) recently approved a Minor Development
Plan application for improvements within the Riverfront Lane Right-of-Way (“ROW”). The improvements
include parking and landscaping and are further described below. Council can authorize the construction
and on-going maintenance of these improvements by taking action on the attached (“Exhibit A”) Revocable
License Agreement.
SUMMARY: Developing 42 Riverfront Lane will include the removal of the large vehicle and delivery pull-off
area located immediately east of the Westin loading dock. That parking area was constructed for the benefit
of the Westin Hotel but is located on the adjacent 42 Riverfront property.
Development plans for a condominium building on 42 Riverfront Lane were approved on May 11, 2021, by
Town Council. That approval included the following condition: “A new design for parking on Riverfront Lane
will be implemented before any closure of the current short-term parking area related to building on 42
Riverfront Lane.”
PZC ACTION: Public hearings with PZC were conducted to review these improvements. The plans include
providing a parallel parking area on the north side of Riverfront Lane, and a pull off on the south side of
Riverfront Lane on the west side of the Westin loading dock. A skier shuttle pull off was included in the
design plans. The skier shuttle pull off design was modified based upon PZC input, and moved further east
to the area where it currently stages within the Riverfront Lane ROW.
• May 18, 2021 - PZC approved the north and south parking areas, and associated landscaping and
lighting.
• June 1, 2021 – PZC approved a revised design for the Skier Shuttle pull off area.
Final approved plans are attached (“Exhibit B”) to this staff report. These plans are intended to become an
exhibit to the Revocable License Agreement.
.
Page 2 of 2
RECOMMENDATION: I recommend that the Town Council approve the Revocable License Agreement and
authorize the construction of the improvements as designed and approved by PZC. In order to proceed with
construction a Registered and Licensed Contractor would need to receive a ROW permit through the Public
Works Department.
OPTIONS: The Town Council has the following optional actions related to this agreement:
• Continue action to future meeting;
• Approve as drafted;
• Approve with amendments; or
• Deny the request.
PROPOSED MOTION: “I move to approve Revocable License Agreement with Riverfront Village Hotel, LLC
for Riverfront Lane Right-of-Way improvements.”
Thank you, Matt
ATTACHMENTS:
Exhibit A – Revocable License Agreement between Town of Avon and Riverfront Village Hotel, LLC
Exhibit B – (Graphic) Exhibit A to Revocable License Agreement
AN AGREEMENT BY AND BETWEEN THE TOWN OF AVON AND RIVERFRONT VILLAGE
HOTEL, LLC FOR THE GRANT OF A REVOCABLE LICENSE TO INSTALL, CONSTRUCT,
AND MAINTAIN HOTEL SKIER SHUTTLE AND LARGE VEHICLE PARKING AND
LANDSCAPE IMPROVEMENTS ON TOWN-OWNED RIGHT-OF-WAY and PROPERTY.
1.0 PARTIES. The parties to this agreement (“Agreement”) are the TOWN OF AVON,
COLORADO, a Colorado home rule municipality (the “Town”) and RIVERFRONT
VILLAGE HOTEL, LLC, a Delaware limited liability company (the “Licensee”). This
Agreement is effective upon execution by the Licensee and following execution by the
Town Manager on the date indicated below.
2.0 RECITALS AND PURPOSE.
2.1. The Town is the owner of certain property located in the Town of Avon, Eagle
County, Colorado, commonly known as “Riverfront Lane” as depicted on the Final
Plat, Riverfront Subdivision, recorded June 15, 2006, at Reception No. 200615950,
Eagle County, Colorado (“Town Property”).
2.2. The Licensee intends to construct certain parking improvements on the Town
Property for the purpose of parking and landscape improvements in the area
depicted on Exhibit A attached hereto.
2.3. The Town acknowledges that the parking improvements enhance roadway
efficiency and safety, which is a valuable public benefit and promote goals of the
Town’s Comprehensive Plan. Town further finds that the landscaping
enhancements to the Town Property provide benefits and value which equal or
exceed the value of the Town Property that the Town is providing for use by
Licensee for parking use.
2.4. Licensee agrees to install landscaping improvements in the Town Property as
depicted in Exhibit A.
2.5. The Town is willing to grant the revocable license to the Licensee under the terms
and conditions as hereinafter specified in this Agreement provided that nothing in
this agreement shall waive or modify any obligation to seek building permits,
variances, or other approval necessary to meet any obligation imposed by law.
The Licensee remains obligated to apply for and obtain all necessary permits and
approvals, pay all required fees, and comply with all applicable local laws, including
but not limited to any applicable provisions in the Avon Municipal Code.
3.0 TERMS AND CONDITIONS.
3.1. The Town hereby grants to the Licensee of a revocable license for the
construction, use, repair, maintenance and improvement described as follows:
skier shuttle parking area and large vehicle parking area and landscape plantings
(trees, shrubs, and ground cover) (“Public Improvements”), as such Pulic
Improvements are depicted in Exhibit A attached hereto; provided, however, that
nothing in this Agreement is intended to waive, alter, modify, or permit any violation
of any local law applicable within the Town of Avon. To the extent that the location
or other specifications of this License or any exhibit conflicts with local laws, the
Exhibit A
local law shall govern. Except for the Public Improvements, no other
encroachment, structure, improvement, vehicle, fence, wall, landscaping, or any
other real or personal property shall be erected, installed, constructed, parked,
stored, kept, or maintained in any way or fashion on the Town Property, including
but not limited to storage sheds, carports, playground equipment, motor vehicles,
snowmobiles or other recreational equipment.
3.2. The Public Improvements shall continue from the date of this Agreement to the
time that this Agreement is terminated. Due to the significant investment by the
Licensee, the Town intends that the initial period of this license will run for a
minimum of five years from the date this License Agreement is executed and,
following such initial five year period, this license shall automatically renew and
extend for successive five year periods until terminated as provided in this Section.
Notwithstanding the foregoing, the Town may terminate this Agreement at any time
if the Town Council, following a duly noticed public hearing, makes a legislative
determination that removal of the Public Improvements is necessary to protect the
public health, safety, or welfare of the Avon community. At such time as the Town
Council makes a determination that removal of the Public Improvements is
necessary, the Town Council shall also make a legislative determination regarding
the reasonable period of time within which the Public Improvements must be
removed. Except in the case of a public safety emergency or where a shorter
period of time is justified due to the nature of the Public Improvements, the
Licensee shall customarily not be required to remove the Public Improvements
within less than thirty (30) days of notice to the Licensee. The Town may also
terminate this Agreement at any time in the case of a declaration by the Town
Council for the Town of Avon that a public safety emergency exists by giving written
notice to the Licensee five (5) days in advance of the effective date of termination.
3.3. The Licensee expressly agrees to, and shall, indemnify and hold harmless the
Town and any of its officers, agents, or employees from any and all claims,
damages, liability, or court awards, including costs and attorney’s fees that are or
may be awarded as a result of any loss, injury or damage sustained or claimed to
have been sustained by anyone, including but not limited to, any person, firm,
partnership, or corporation, in connection with or arising out of any omission or act
of commission by the Licensee or any of its employees, agents, partners, or
lessees, in encroaching upon the Town Property. In particular and without limiting
the scope of the foregoing agreement to indemnify and hold harmless, the
Licensee shall indemnify the Town for all claims, damages, liability, or court
awards, including costs and attorney’s fees that are or may be awarded as a result
of any loss, injury or damage sustained or claimed to have been sustained by
anyone, including but not limited to, any person, firm, partnership, or corporation,
in connection with or arising out of any claim in whole or in part that all or any
portion of the Public Improvements permitted by this Agreement constitutes a
dangerous and/or unsafe condition within a public right-of-way.
3.4. The Licensee agrees that it will never institute any action or suit at law or in equity
against the Town or any of its officers or employees, nor institute, prosecute, or in
any way aid in the institution or prosecution of any claim, demand, or compensation
for or on account of any damages, loss, or injury either to person or property, or
both, known or unknown, past, present or future, arising as a result of or from the
revocable license granted to the Licensee by this Agreement. This provision
Exhibit A
includes but is not limited to claims relating to road maintenance, snow removal or
other public works activities performed by or on behalf of the Town.
3.5. The Licensee agrees to construct, maintain, and repair the Public Improvements
placed or located on the Town Property by the Licensee or its lessees, agents,
employees, or other persons under the control or direction of the Licensee
pursuant to this Agreement at the cost and expense of the Licensee and at no cost
or expense to the Town. The Licensee agrees to remove or cover graffiti or other
damage caused to the improvement(s) within a reasonable time following notice
or knowledge of such damage or within forty-eight (48) hours of delivery to the
Licensee of a written demand by the Town, whichever is earlier. The Licensee
shall not erect, cause to be erected or permit the erection of any sign, advertising
object, or illustration upon any improvement, structure, fence, or wall placed or
located within the Town Property pursuant to this Agreement and shall promptly
remove any such sign or advertising.
3.6. The Licensee agrees to maintain the landscaping in a healthy condition at all times
and shall be responsible for ensuring the proper pruning or replacement as
necessary to present a healthy landscape condition.
3.7. The Licensee agrees that the Town is not liable, and will not assume any liability,
responsibility, or costs for any damage, maintenance, or repair of any Public
Improvements erected or maintained by the Licensee under this Agreement.
3.8. The Licensee agrees to repair and reconstruct any damage to the Town Property
upon termination of this Agreement or removal of the Public Improvements
described in paragraph 3.1 and any other improvements erected by the Licensee
on the Town Property and the Licensee shall return the Town Property to its
original condition at the cost and expense of the Licensee and at no cost or
expense to the Town. In the event that Licensee does not remove the Public
Improvements and repair and restore Town Property to the condition prior to this
Agreement within the time period determined in ¶ 3.2 above, then Licensee shall
be deemed to have abandoned the Public Improvements and any rights thereto
and the Town may proceed to remove the Public Improvements. The Town may
seek recovery of all costs incurred for the removal of Public Improvements from
Town Property, repair of damages to Town Property, and restoration of Town
Property, including legal costs and attorney fees.
3.9. The Licensee agrees to procure and maintain, at its own cost, a policy or policies
of insurance protecting against injury, damage or loss occurring on the licensed
premises in the minimum amount of $600,000.00 per occurrence. Such policy or
policies shall name the Town as an “additional insured”. However, the Licensee’s
failure to take such steps to insure the premises shall not waive, affect, or impair
any obligation of the Licensee to indemnify or hold the Town harmless in
accordance with this Agreement.
4.0 ASSIGNMENT. This Agreement shall not be assigned by the Licensee without the prior
written consent of the Town which may withhold its consent for any reason; provided that
the Town encourages the Licensee to inform any purchaser of the Licensee’s property or
interests of the existence of this Agreement and the Town will promptly consider any
request by the Licensee for assignment of this Agreement to such subsequent purchaser.
Exhibit A
5.0 NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall
be deemed to have been sufficiently given for all purposes if personally served or if sent
by certified mail or registered mail, postage and fees prepaid, addressed to the party to
whom such notice is to be given at the address set forth on the signature page below, or
at such other address as has been previously furnished in writing, to the other party or
parties. Such notice shall be deemed to have been given when deposited in the United
States Mail.
6.0 INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement
between the parties and there are no oral or collateral agreements or understandings.
This Agreement may be amended only by an instrument in writing signed by the parties.
If any other provision of this Agreement is held invalid or unenforceable, no other provision
shall be affected by such holding, and all of the remaining provisions of this Agreement
shall continue in full force and effect. Invalidation of the Agreement in its entirety shall
revoke any authorization, whether explicit or implied to the continuing use and occupancy
of the Town Property for the Public Improvements.
7.0 GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the
State of Colorado and venue for any action arising under this agreement shall be in the
appropriate court for Eagle County, Colorado.
8.0 WAIVER OF BREACH. A waiver by any party to this Agreement of the breach of any term
or provision of this Agreement shall not operate or be construed as a waiver of any
subsequent breach by either party.
9.0 BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the
parties, their respective legal representatives, successors, heirs, and assigns; provided,
however, that nothing in this paragraph shall be construed to permit the assignment of this
Agreement except as otherwise expressly authorized herein.
10.0 UNDERLYING INTENT AND SCOPE. It is the intent of this Agreement that the Town
shall incur no cost or expense attributable to or arising from the construction, maintenance,
or operation of the Public Improvements permitted by this Agreement and that, in all
instances, the risk of loss, liability, obligation, damages, and claims associated with the
Public Improvements shall be borne by the Licensee. This Agreement does not confer
upon the Licensee any other right, permit, license, approval, or consent other than that
expressly provided for herein and this Agreement shall not be construed to waive, modify,
amend, or alter the application of any other federal, state, or local laws, including laws
governing zoning, land use, property maintenance, or nuisance.
11.0 AUTHORITY TO BIND PARTY. The undersigned persons represent that they are
expressly authorized to execute this Agreement on behalf of the Parties and to bind their
respective Parties and that the Parties may rely upon such representation of authority.
12.0 LEGAL FEES AND COSTS. In the event the Town seeks legal action to enforce this
Agreement or to recover reimbursement costs for removal of Public Improvements from,
repair of any damages, and/or restoration of Town property subject to this Agreement,
Town shall be entitled to recover any and all legal costs and attorney’s fees incurred.
[SIGNATURE PAGE FOLLOWS]
Exhibit A
DATED THIS ______ DAY OF _____________, 2021.
TOWN OF AVON:
By: ________________________________
Eric J. Heil, Town Manger
ATTEST: Approved as to Form:
_________________________________ ______________________________
Deputy Town Clerk Town Attorney
LICENSEE:
RIVERFRONT VILLAGE HOTEL, LLC, a Delaware
limited liability company
By: _________________________________
Address:
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ________ day of
_______________, 2021, by ___________________ as ___________________of
RIVERFRONT VILLAGE HOTEL, LLC, a Delaware limited liability company.
___________________________________
Notary Public
(SEAL) Commission expires: _____________
Exhibit A
Zehren and Associates, Inc.
June 2, 2021 RIVERFRONT LANE - Parking Improvements1
Overall Illustrative Plan
One Riverfront
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Hotel Large
Vehicle
Parking Area
Skier Shuttle
Parking Area
Westin
Mountain Villas
Westin Hotel
Loading
Dock
North
Not to Scale
Zehren and Associates, Inc.
June 2, 2021 RIVERFRONT LANE - Parking Improvements2
North
Not to Scale
Skier Shuttle Parking Area
Zehren and Associates, Inc.
June 2, 2021 RIVERFRONT LANE - Parking Improvements3
Loading Dock Parking Area
North
Not to Scale
AVON REGULAR MEETING MINUTES
TUESDAY JUNE 8, 2021
SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
1. CALL TO ORDER AND ROLL CALL
Video Start Time: 00:02:07
The meeting was hosted in a Hybrid format, in person at Avon Town Hall and using Zoom.us. Mayor Smith
Hymes called the Liquor Authority meeting to order at 5:01 p.m. and the Council regular meeting to order
at 5:15 p.m. A roll call was taken, and Council members present in person were Lindsay Hardy, Scott
Prince, Tamra Underwood, Amy Phillips, Chico Thuon, and RJ Andrade. Also present were Public Works
Director Gary Padilla, Mobility Director Eva Wilson, Chief of Police Greg Daily, Town Manager Eric Heil,
Town Attorney Paul Wisor, General Government Manager Ineke de Jong, and Town Clerk Brenda Torres.
2. APPROVAL OF AGENDA
Video Start Time: 00:14:33
Mayor Pro Tem Phillips moved to approve the agenda as presented. Councilor Thuon seconded the
motion and the motion passed unanimously.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:14:53
Town Attorney Paul Wisor recused from agenda item 5.3 Forest Service Road 779 discussion, as his
parents live adjacent to this road and have participated on this topic.
4. PUBLIC COMMENT
Video Start Time: 00:15:35
Mayor Smith Hymes explained to the public that comments in person will be taken first, then those via
Zoom.
No public comments were made.
5. BUSINESS ITEMS
5.1. AVON PD SWEARING IN AND BADGE PINNING OF OFFICER LOPEZ, OFFICER VILLEGAS, DETECTIVE HERNANDEZ AND
SERGEANT HERRERA (POLICE CHIEF GREG DALY)
Video Start Time: 00:16:16
Mayor Smith Hymes mentioned that this is a first for the Avon Police Department to swear in four
Latinx police department officers at the same time and presided over tonight's swearing in and badge
pinning of Officer Lopez, Officer Villegas, Detective Hernandez and Sergeant Herrera. The Oath of
Office was administered by Town Clerk Brenda Torres. Their families were present to pin their
badges.
5.2. AVON PD AWARDS PRESENTATION (POLICE CHIEF GREG DALY)
Video Start Time: 00:26:16
Chief Greg Daly presented the awards as outlined in the packet:
Lifesaving Medal – Awarded to members directly responsible for saving/prolonging a human
life (extended by days or weeks): Master Police Officer Mike Lundblade and Officer Al Zepeda .
Medal of Merit – Recognition of outstanding leadership during a major incident or over a period
of time: Deputy Chief of Police Coby Cosper.
AVON REGULAR MEETING MINUTES
TUESDAY JUNE 8, 2021
SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Department Teamwork Citation – For a group of employees that came together as a team and
achieved exceptional results relating to a specific incident or event: Sergeant Matt Jamison,
Detective Sergeant Jon Lovins, Sergeant Bal Herrera, Officer Al Zepeda, Officer Corey Baldwin,
Deputy Chief Co by Cosper and Chief Greg Daly .
Certificate of Appreciation – An award presented to a citizen or employee that should be
recognized for their service. First to Gary Padilla, Drew Isaacson, Kevin Fontana, Steve Maestas,
Paul Lampe, Joe Gilles, Steven Huesto n, Arnulfo Galvez, Jessie Sipkovsky, Hugo Castillo, Martin
Reza, Nathan Anderson, Moises Medina, Timothy Milligan, Angelo Rivera, and Trevor Dinkel.
Second to Craig Wilmers, Lancer Cooke, Vern Velasquez, Dillon McClure, John McDade, Michael
Keenan, Nevada Wilde, Samuel Farnen and Kate Franklin. Third to the men and women of the
Avon Mobility Department, led by Eva Wilson, Jim Shoun and Simon Williams.
5.5. FIRST READING OF ORDINANCE 21-08 MODEL TRAFFIC CODE (TOWN PROSECUTOR ELIZABETH PIERCE-
DURANCE )
Video Start Time: 00:40:20
As Council was a little ahead of schedule, Council decided to skip agenda items 5.3 and 5.4 and
discuss 5.5 first. Town Prosecutor Elizabeth Pierce -Durance introduced the Ordinance and
explained that the Town needs to update its Ordinance to reflect the changes by the
Department of Transportation . She mentioned that the m ain change is on the penalty section
and that the Penalty Assessment still has a 2-point auto-reduction if the fine is paid within 20
days of the summons issuance date.
Mayor Smith Hymes asked for public comments and no public comments were made.
Councilor Underwood moved to approve First Reading of Ordinance 21 -08 Adopting the 2020
Model Traffic Code by Reference for Use Within the Town of Avon with the changes proposed .
Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously.
5.3. WORK SESSION: FOREST SERVICE ROAD 779 (PLANNING DIRECTOR MATT PIELSTICKER)
Video Start Time: 00:49:49
Town Attorney Paul Wisor was recused and left the meeting at 5:52 p.m.
Planning Director Matt Pielsticker virtually joined the meeting and introduced the topic. Leanne
Veldhuis, the new district ranger with the US Forest Service , joined the meeting in person in the
Council Chambers to answer Council questions. She confirmed that it is not unusual for local
jurisdictions/governments to participate financially and sign an agreement with the USFS to
keep these roads open.
Mayor Smith Hymes asked for public comments and there were several public comments:
Devon DeCrausaz, present as a Wildridge homeowner, mentioned that she is the founder and
president of the Wildridge Trail Coalition, and expressed that she is present to of fer help and
thank Council for spending time on this topic.
Rick Smith , present as a Wildridge homeowner , expressed how recreation on these roads create
vibrancy and energy for the community and is happy to assist clearing trees.
AVON REGULAR MEETING MINUTES
TUESDAY JUNE 8, 2021
SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Charley Viola, present as a Wildridge homeowner , complimented Council for taking this on and
expressed that there would only be two areas need ing attention to get this road in good shape.
Spencer Ball, virtually present as a Wildridge homeowner and representing the Rocky Mountain
Sport Riders ’ Group, thanked Council for listening to the dialogue and listening to all the
opinions and looks forward t o working with Leanne . He asked Council to please help get the
District ’s attention on motorized use.
David Dantas , virtually present as a member of the public , expressed how he previously served
on the Avon Town Council and commented that the Town appealed past closures. He
commented on what is happening with trail closures around us.
Charlie Sherwood, virtually present as a Wildridge Resident , expressed that he has seen the
dust getting bigger and keeping more access is better than reducing access to spread use across
many roads. He said use of the trails is one of the reasons to live in Wildridge.
Town Manager Eric Heil explained that staff is working with t he USFS to preserve the status quo
and work on a simple MOU to agree to work together and explore cost sharing arrangements
for the road maintenance. He said that this maintenance will be to control the challenging
sections that have some erosion with some light maintenance and that the Town is not working
on parking arrangements on Wildridge Road. Councilor Underwood wanted to inform the public
to look into the "SHRED" Act to support the ski area retention bill and to send letters of support
to keep a port ion of the ski area fees in the area.
Town Attorney Paul Wisor rejoined at 6:52 p.m.
5.4. WORK SESSION: EMERGENCY SIREN WILDRIDGE (TOWN MANAGER ERIC HEIL)
Video Start Time: 01:45:48
Town Manager Eric Heil introduced the topic and expressed how he takes responsibility for not
including this in the 2020 CIP plan or staff report and not having a public process. He explained how
the idea for the siren came up after the 2019 Wildridge evacuation drill where it took too long to
notify all the residents and where the Town learned that Bachelor Gulch has a siren for this reason.
Town Engineer Justin Hildreth was present to answer Council questions about the position.
Council asked if staff could look into camouflaging the white generator and to study other locations
that are cheaper to run power to and that are less obstructive to the neighborhood. Council also
asked if the acoustics could be reevaluated and if more money could be spent on more sirens where
we already have electrical infrastructure instead of having just this one and spending the $40K on
the electrical service to that location. Chief Greg Daly was also present to answer Council questions
on the use of this siren.
Mayor Smith Hymes asked for public comments and there were several public comments:
Charley Viola, present as a Wildridge homeowner, expressed that for the Water District antenna,
there was a public process. He mentioned how it was flawed, but it was still a process and there was
a compromise reached at the end of it. He said for this siren, there was no process and there should
have been, and the lack of process is what got us here. He suggested that a series of lower profile
sirens may be the right direction to go and asked Council to please study alternatives and take it
through a public process.
AVON REGULAR MEETING MINUTES
TUESDAY JUNE 8, 2021
SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Devon DeCrausaz, present as a Wildridge resident, mentioned that she lives 8 houses down from
Charley Viola and expressed that she did not hear the siren and would much prefer to use technology
that is already out there instead of spending money on this siren and power source.
Debbie Lathram, virtually present as a Wildridge resident, said she lives next door to Charley Viola.
She said she hopes the Town can go through a process for this and if it turns out that a tower is really
needed, then the Town needs to shield it and make it more aesthetically attractive. She expressed
how it sounded like a low vacuum in her house and was very hard to hear and questions if this is the
best solution.
Mayor Smith Hymes wanted to express that she is on the Water Authority Board and predictions on
wildfires this summer will be dire and evacuation through Wildridge is a major concern. Deputy Chief
Cosper joined to answer Council questions. Councilor Andrade suggested to keep in place what the
Town has for now and to work on a remedy and a public process which will take time. Councilor
Thuon asked when and how the public process will take place. Councilors Hardy and Prince said this
should go to the Planning and Zoning Commission first. Town Manager Eric Heil said staff can send
this to Community Development Department as a new application and take it from the start. Chief
Daly said this needs to be tested again as it was only tested once.
5.6. EXTENSION REQUEST FOR A DEVELOPMENT PLAN APPROVALS – LOT B HOTEL / 130 W. BEAVER CREEK
BOULEVARD (PLANNING D IRECTOR MATT P IELSTICKER )
Video Start Time: 02:47:19
Planning Director Matt Pielsticker joined virtually together with Josh Brewton and Peter Evers
and they answered Council questions.
Planning Director Matt Pielsticker said the recommended motion in the packet should read
December 15 th and September 15 th.
Mayor Smith Hymes asked for public comments and no public comments were made.
Councilor Underwood moved to approve the six (6) month extension to the Development
Approvals for the Avon Hotel on Lot B, Avon Center at Beaver Creek Subdivision, now set to
expire December 15, 2021, with direction to address and incorporate Inclusionary Zoning,
Landscaping, Electric Vehicle Charging, and Solar Ready code provisions. Mayor Pro Tem Phillips
seconded th e motion and the motion passed unanimously.
5.7. RESOLUTION 21-14 ADOPTING THE UPDATED CLIMATE ACTION PLAN (TOWN ATTORNEY PAUL WISOR)
Video Start Time: 02:56:28
Town Attorney Paul Wisor explained how Council heard a full presentation on the updated CAP
from Kim Schlaepfer at the last meeting and how this Resolution incorporates those updates
into the current plan.
Mayor Smith Hymes asked for public comments and no public comments were made.
AVON REGULAR MEETING MINUTES
TUESDAY JUNE 8, 2021
SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Councilor Thuon moved to approve Resolution 21-14 Adopting the Updated Climate Action Plan
2020. Mayor Pro Tem Phillips seconded th e motion and the motion passed unanimously.
5.8. RESOLUTION 21-15 AMENDING AND RE-ADOPTING THE SIMPLIFIED RULES OF ORDER FOR AVON TOWN COUNCIL
MEETINGS TO REFLECT REMOTE ATTENDANCE POLICY (TOWN ATTORNEY PAUL WISOR AND TOWN MANAGER ERIC
HEIL)
Video Start Time: 02:58:55
Town Manager Eric Heil started by thanking Robert McKenner and JK and Arjun with High Five Media
for making this hybrid meeting platform possible. He expressed how this took a lot of work, energy
and time and that it is working great. He and Town Attorney Paul Wisor then explained how the
pandemic has changed remote participation standards. He said it is up to Council to decide on the
guidelines for regular meetings, quasi-judicial hearings, and executive sessions.
After Council discussion, Town Attorney Paul Wisor suggested to bring back a range of approaches
with respect to absences and how those are addressed for Council to adopt by resolution at the next
meeting, if appropriate. In addition, he will bring back a draft of an Ordinance addressing attendance
generally and Council can also consider that at first reading at the next meeting. Council agreed with
that recommendation. Councilor Underwood made some suggestions regarding the proposed rules.
Councilor Thuon moved to continue Resolution 21-15 Amending and Re-Adopting the Simplified
Rules of Order for Avon Town Council Meetings to Reflect Remote Attendance Police to the June 22nd
meeting. Councilor Underwood seconded the motion and the motion passed unanimously.
6. MINUTES
6.1. APPROVAL OF MAY 6, 2021 SPECIAL COUNCIL MEETING MINUTES (TOWN ATTORNEY PAUL WISOR)
Video Start Time: 03:34:14
Councilor Underwood requested to update the numbering of the headers.
Councilor Underwood moved to approve the minutes from the May 6th Special meeting with those
two changes. Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously.
6.2. APPROVAL OF MAY 25, 2021 REGULAR COUNCIL MEETING MINUTES (TOWN CLERK BRENDA TORRES)
Video Start Time: 03:35:16
Councilor Prince asked to please double check the spelling of Kim Schlaepfer's last name.
Councilor Thuon moved to approve the minutes from the May 25th Regular meeting as presented.
Mayor Pro Tem Phillips seconded the motion and the motion passed with a vote of 6 to 0. Councilor
Andrade abstained from the vote as he was not present for the May 25th meeting.
6.3. APPROVAL OF JUNE 2, 2021 SPECIAL COUNCIL MEETING MINUTES (GENERAL GOVERNMENT MANAGER INEKE DE
JONG)
Video Start Time: 03:35:53
Councilor Thuon moved to approve the minutes from the June 2nd Special meeting as presented.
Mayor Pro Tem Phillips seconded the motion and the motion passed unanimously.
AVON REGULAR MEETING MINUTES
TUESDAY JUNE 8, 2021
SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
7. WRITTEN REPORTS
7.1. June 1st Planning and Zoning Commission Meeting Abstract (Planner David McWilliams)
7.2. May 20th CASE Committee Draft Meeting Minutes (General Government Intern Emily
Myler)
8. MAYOR AND COUNCIL COMMENTS & MEETING UPDATES
Video Start Time: 03:36:41
Mayor Pro Tem Phillips provided some updates from the EGE Air alliance and said that almost all
thousand $100 rebates have been used up. The alliance has received proposals for additional airlines
next winter and are 80% confirmed on a grant opportunity. She said that the airport is recovering better
than other airports. Secondly, she reported that she attended the VVP success awards at the Eagle-Vail
Pavilion, which was wonderful. She mentioned how Heath Harmon was given the top award and a lot of
awards went to Eagle County Health & Vail Health.
Councilor Andrade commented that he likes the No Parking signs on West Beaver Creek Boulevard but
would like to see a sign to show people where they can park. Councilor Hardy asked to disperse signs
about sharrows (shared lane markings).
Councilor Thuon commented about pet's waste, saying there is no "poop-fairy". Secondly, he asked
everyone to practice kindness. Thirdly, he encouraged as many people as possible to get vaccinated.
Councilor Underwood expressed that she attended the NWCCOG meeting. She said she was very happy
to see that Leanne Veldhuis attended tonight's meeting. She said that Eric has proposed to write a letter
of support for the "SHRED" act for Council to discuss and sign off on. The letter will support keeping
federal ski area fees in the local forest area.
Councilor Prince expressed how he likes receiving the PZC Abstracts in the Council packets and he
requested that moving forward there be hyperlinks to the items discussed. He also requested to schedule
an executive session to discuss security protocols with new Council members.
Councilor Hardy commented that some residents indicated they want to bike to work but need a place
to shower and asked if there is something better than a $14 fee to shower at the rec center. She then
asked what is going on at the white-water park. Town Manager Eric Heil explained that the Town had to
perform repairs and modifications and that these safety modifications make it 'unspectacular' at lower
water levels. Councilor Hardy then said that California recently passed a law for new homes to be solar
or EV ready and said that perhaps Council can look into that for Avon. she ended with saying that she is
excited to see the pride flag up on roundabout 4, and is also proud of all Avon Council members being
open minded.
Mayor Pro Tem Phillips reminded the public of the Art Walk exposition located at a total of 9 places
around Town, that will be coming on June 11th at 6:00 p.m.
AVON REGULAR MEETING MINUTES
TUESDAY JUNE 8, 2021
SETUP AS A HYBRID MEETING; IN-PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM
Mayor Smith Hymes said that she will recap the legislative work of the CC4CA board retreat meeting
soon, once it is wrapped up. She said that the plastic bill (Colorado HB21-1162) passed today which
includes a repeal of the prohibition on local control in 2024. She explained how staff did a great job at
the May 26th business meeting at the Westin. It was not well attended but it was a good meeting. She
then expressed the dire water situation and that Avon has to embrace its environment and a new way
to landscape. She said lawns and annual flowers are not sustainable in this area, that water outside for
irrigation is lost and does not flow back to the system, and that Avon has to really be conservative with
water.
9. ADJOURN
There being no further business before Council, Mayor Smith Hymes moved to adjourn the regular
meeting. The time was 9:01 p.m.
These minutes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The
most accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s
office, and the video of the meeting, which is available at www.highfivemedia.org.
RESPECTFULLY SUBMITTED:
Brenda Torres, Town Clerk
APPROVED:
Sarah Smith Hymes ___________________________________
Amy Phillips
Chico Thuon
Scott Prince
Tamra Underwood
Lindsay Hardy
RJ Andrade
970-748-4019 jmccracken@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Joel McCracken, Senior Accountant
RE: Financial Report April and May 2021 Revenues
DATE: June 17th, 2021
SUMMARY: The content of this report will reflect the revenues for sales, accommodations, tobacco and
cigarette tax for the period of April 2021. Further, revenues for real estate transfer tax and recreation
admissions & program fees for the period of May 2021 will be reported upon. This is submitted as a written
report and no action by Council is being requested.
BACKGROUND: The Town’s 2021 budget was adopted in December 2020. The percentage variance, or
comparative change is reflected in the analysis portion of this report in respect to each individual section for
the periods of April and May revenues in 2021. Tax revenues are not budgeted on a monthly basis.
However, for purposes of analysis, monthly budget variances are based on a 5-year average of actual
revenues.
ANALYSIS:
Sales Tax Revenues – April 2021
April 2021:
April sales tax revenues totaled $591,350. This is an increase of $242,161 or 69.42% compared to April
2020 sales tax revenue of $349,051.
APRIL 2020 v APRIL 2021 SALES TAX COMPARISON BY INDUSTRY
April 2020 April 2021 Increase/Decrease
Home/Garden $49,108.90 $85,218.80 $36,109.90
Grocery/Specialty/Health $129,486.41 $147,040.08 $17,553.67
Sporting Goods Retail/Rental $13,664.06 $43,904.91 $30,240.85
Miscellaneous Retail $8,150.26 $23,073.02 $14,922.76
Accommodations $6,966.81 $70,557.66 $63,590.85
Restaurants/Bars $30,312.49 $101,060.06 $70,747.57
Other $2,528.02 $7,761.64 $5,233.62
Service Related $13,288.26 $19,989.76 $6,701.50
Liquor Stores $17,470.27 $19,295.49 $1,825.22
E-Commerce Retail $8,672.89 $31,245.11 $22,572.22
Manufacturing/Wholesale $5,997.42 $6,499.80 $502.38
Construction Related Services $58,290.94 $28,011.96 ($30,278.98)
Digital Media Suppliers/Sellers $4,773.17 $7,043.71 $2,270.54
Page 2 of 7
Commercial/Industrial
Equipment $452.42 $648.43 $196.01
Special Events $27.20 $0.00 ($27.20)
TOTAL $349,189.52 $591,350.43 $242,160.91
April 2021 Proposed Budget v Actual Collections:
April 2021 sales tax revenues totaled $591,350. This is an increase of $158,428 over the proposed April
2021 estimates of $432,922. This is 36.63% over the 2021 proposed budget, which is calculated based on
a 5-year average.
APRIL 2020 v APRIL 2021 PROPOSED BUDGET v ACTUAL COLLECTIONS - SALES TAX
2021 Budget 2021 Actual Dollar Variance Percentage Variance
Sales Tax $432,821.93 $591,350.43 $158,428.50 36.63%
425,727.85 394,986.15 424,685.32 349,051.52 591,350.43
-7.22%
7.52%
-17.81%
69.42%
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
2017 2018 2019 2020 2021
2017 -2021 April Sales Tax Revenue Trend
Page 3 of 7
Accommodation Tax Revenues – April 2021
April 2021:
Accommodation tax revenues totaled $73,465 for the month of April. This is an increase of $64,834 or
751.18% compared to April 2020 accommodation tax revenues, which totaled $8,631. Accommodation tax
collections by industry type for April 2021 compared to April 2020 reported a decrease for Vacation
Rentals, Time Shares and Hotels.
APRIL 2020 v APRIL 2021 ACCOMMODATION TAX COMPARISON BY INDUSTRY
April 2020 April 2021 Increase/(Decrease)
Timeshares $1,138 $18,867.24 $17,729.24
Hotels $3,619.15 $20,096.17 $16,477.02
Vacation Rentals $3,873.81 $34,501.25 $30,627.44
TOTAL $8,630.96 $73,464.66 $64,833.70
April 2021 Proposed Budget v Actual Collections:
April 2021 accommodation tax revenues totaled $73,465. This is an increase of $41,843 over the
proposed April 2021 estimates of $31,622. This is 132.32% over the 2021 proposed budget.
2021 PROPOSED BUDGET v ACTUAL COLLECTIONS - ACCOMMODATIONS TAX
2021 Budget 2021 Actual Dollar Variance Percentage Variance
Acc. Tax $31,622.14 $73,464.66 $41,842.52 $132.32
Page 4 of 7
Tobacco & Cigarette Tax Revenues – April 2021
April 2021:
Tobacco tax revenues totaled $19,194 and cigarette tax revenues totaled $18,798 for April 2021.
Compared to April 2020 revenues, this is an increase of $7,037 for tobacco tax revenues, which totaled
$12,157 and an increase of $2,610 for cigarette tax revenues, which totaled $16,188.
38,340 33,275 31,825 8,631 73,465
-13.21%-4.36%
-72.88%
751.18%
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
2017 2018 2019 2020 2021
2017-2021 April Accommodation Tax Revenue
Trend
18,392 16,188 18,798
-11.98%
16.12%
14,500
15,000
15,500
16,000
16,500
17,000
17,500
18,000
18,500
19,000
2019 2020 2021
2019-2021 April Cigarette Excise Tax Revenue
Trend
Page 5 of 7
April 2021 Proposed Budget v Actual Collections:
April 2021 tobacco and cigarette tax revenues totaled $19,194 and $18,798, respectively. This is an
increase of $2,029 over the proposed April 2021 budget for tobacco tax and a decrease of $463 over for
the proposed April 2021 budget for cigarette tax estimates, which is based on a 5-year average.
2021 PROPOSED BUDGET v ACTUAL COLLECTIONS - TOBACCO AND CIGARETTE TAX REVENUES
2021 Budget 2021 Actual Dollar Variance Percentage Variance
Tobacco $17,165.34 $19,194.34 $2,029 11.82%
Cigarettes 19,261.44 $18,798 ($463.44) -2.41%
$1,565.56
NOTE: We believe the adoption of similar tobacco and cigarette taxes in neighboring jurisdiction resulted of
purchasers to Avon.
Real Estate Transfer Tax Revenues – May 2021
May 2021
May 2021 Real estate transfer tax totaled $304,523. Compared to May 2020, which totaled $100,256, this
is an increase of $204,267.
15,416 12,340 19,194
-19.95%
55.54%
-
5,000
10,000
15,000
20,000
25,000
2019 2020 2021
2019-2021 April Tobacco Tax Revenue Trend
Page 6 of 7
Recreation Center Revenues – May 2021 Admissions & Program Fees
May 2021:
Recreation admission revenues for May 2021 totaled $27,693, an increase of $26,979 compared to May
2020, which totaled $714. This is $2,241 under the original 2021 budget estimates of $29,220. Recreation
program fee revenues for May 2021 totaled $24,791. This is an increase of $17,042 compared to 2020,
which totaled $7,749. This is $5,825 under the original 2021 budget estimates, which is $30,616 which is
calculated based on a 5-year average.
$377,491 $351,237 $278,242 $100,257 $304,523
-7.47%
-26.23%
-177.53%
67.08%
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
2017 2018 2019 2020 2021
Real Estate Transfer Tax May Revenue Trends
54,337 50,253 63,563 714 27,693
-8.13%20.94%
-8808.62%
97.42%
-
10,000
20,000
30,000
40,000
50,000
60,000
70,000
2017 2018 2019 2020 2021
Recreation Admissions May Revenue Trends
Page 7 of 7
FINANCIAL CONSIDERATIONS: This is submitted as a written report and there are no financial
considerations for Council.
RECOMMENDATION: This is submitted as a written report; therefore, I have no recommendations for
Council.
Thank you,
Joel McCracken
$44,605 $37,300 $31,336 $7,749 $24,791
-16.38%
-15.99%
-75.27%
219.94%
$0
$5,000
$10,000
$15,000
$20,000
$25,000
$30,000
$35,000
$40,000
$45,000
$50,000
2017 2018 2019 2020 2021
Recreation Program Fees May Revenue Trends
AVON PLANNING AND ZONING COMMISSION
MEETING ABSTRACT
AVON TOWN HALL - 100 MIKAELA WAY, AVON, CO
1. CALL TO ORDER AND ROLL CALL
Chairperson Jared Barnes called the meeting to order at 5:03 p.m. A roll call was taken, and Planning
Commission members present were Steve Nusbaum, Donna Lang, Trevor MacAllister, Marty
Golembiewski, and Anthony Sekinger. Also present were Town Planner David McWilliams, Planning
Director Matt Pielsticker, Town Manager Eric Heil, and Town Attorney Paul Wisor.
2. APPROVAL OF AGENDA
Action: Commissioner Golembiewski motioned to approve the agenda. Commissioner Lang seconded
the motion and it carried unanimously 7-0.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Action: No conflicts were disclosed.
4. BUSINESS ITEMS
4.1. 540 NOTTINGHAM ROAD – LOT 70A, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION –
CONTINUED PUBLIC HEARING – MAJOR DEVELOPMENT PLAN FOR A NEW DUPLEX BUILDING (TOWN
PLANNER DAVID MCWILLIAMS AND ERIK LILLYDAHL ). LINK
Public Comment: Angela Dalton commented on the application.
Action: Commissioner Golembiewski motioned to approve the conditions of approval for MJR21005 with
the following findings and conditions:
Findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan,
§7.16.090(f), Design Review. The design meets the development and design standards
established in the Avon Development Code;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that the application
complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive Plan;
5. The demand for public services or infrastructure exceeding current capacity is mitigated by the
application; and
6. The design relates the development to the character of the surrounding community.
Conditions:
1. An irrigation plan will be approved by staff before a building permit is issued;
2. The northern retaining wall materials will be approved by staff before a building permit is issued;
and
3. The applicant will provide evidence of approval from the Bristol Pines HOA for the relocation of
trees.
Commissioner Lanious seconded the motion and it carried unanimously 7-0.
4.2. 5743 WILDRIDGE ROAD – LOT 85, BLOCK 4, WILDRIDGE SUBDIVISION – CONTINUED PUBLIC HEARING
– MAJOR DEVELOPMENT PLAN FOR ADDITION TO A SINGLE -FAMILY RESIDENCE (TOWN PLANNER
DAVID MC WILLIAMS AND R ICHARD WHEELOCK). LINK
Public Comment: Angela Dalton commented on the application.
Action: Commissioner Golembiewski motioned to approve the conditions of approval for MJR21005 with
the following findings and condition:
Findings:
1. The proposed application was reviewed pursuant to §7.16.080(f), Development Plan,
§7.16.090(f), Design Review. The design meets the development and design standards
established in the Avon Development Code;
2. The application is complete;
3. The application provides sufficient information to allow the PZC to determine that the application
complies with the relevant review criteria;
4. The application complies with the goals and policies of the Avon Comprehensive Plan;
5. The demand for public services or infrastructure exceeding current capacity is mitigated by the
application; and
6. The design relates the development to the character of the surrounding community.
Condition:
1. The Town Engineer will determine if the retaining wall meets the four (4) foot height requirement,
and the Applicant shall modify such corner if deemed over four (4) feet.
Commissioner Nusbaum seconded the motion and it carried unanimously 7 -0.
4.3. ONE LAKE STREET - WORK SESSION – REVIEW FOUR (4) CONCEPT SITE PLAN DIAGRAMS FOR THE EAST HARRY A.
NOTTINGHAM PARK DESIGN IMPROVEMENTS. INPUT AND RECOMMENDATIONS WILL BE FORWARDED TO TOWN
COUNCIL (COMMUNITY DEVELOPMENT DIRECTOR MATT PIELSTICKER). LINK
Commissioner Lang left the meeting.
Action: Commissioners commented on various design features for the next design iteration.
4.4. WILDRIDGE EMERGENCY SIRENS – W ORK SESSION – WILDRIDGE EMERGENCY SIREN ON TRACT J OR
OTHER LOCATIONS WITHIN WILDRIDGE (TOWN MANAGER ERIC HEIL). LINK
Action: Commissioners commented on the future design process for siren placement in Wildridge and
potentially Mountain Star.
5. CONSENT AGENDA,
1.1.1. APPROVAL OF MINUTES FROM JUNE 1, 2021 PZC MEETING
1.1.2. APPROVAL OF CONDITIONS OF APPROVAL FOR MNR21019 FOR SHUTTLE PARKING ON 126 RIVERFRONT
LANE
1.1.3. APPROVAL OF REFERRAL COMMENT LETTER TO VILLAGE (AT AVON) DRB FOR HOTEL ON PLANNING
AREA J – E. SWIFT GULCH RD
1.1.4. APPROVAL OF CODE TEXT AMENDMENT RECOMMENDATION TO TOWN COUNCIL FOR CTA21001
Action: Commissioner Nusbaum motioned to approve the consent agenda. Commissioner MacAllister
seconded the motion and it carried unanimously 6-0.
6. STAFF UPDATES
6.1. J UNE 29, 2021 PZC MEETING / JULY 6, 2021 PZC CANCELLED 6.2. APA COLORADO CONFERENCE - SEPTEMBER 8-10, KEYSTONE
6.3. VILLAGE (AT AVON) DRB REPRESENTATION
6.4. PZC NAME TAGS
7. ADJOURN
The meeting was adjourned at 8:06 pm.
These meeting notes are only a summary of the proceedings of the meeting. They are not intended to be
comprehensive or to include each statement, person speaking or to portray with complete accuracy. The most
accurate records of the meeting are the audio of the meeting, which is housed in the Town Clerk' s office.
RESPECTFULLY SUBMITTED:
_________________________________
David McWilliams, Town Planner
MEMORANDUM
TO: Board of Directors
FROM: Beth Doliboa, District Administrator
DATE: May 27, 2021
RE: Summary of Authority’s May 27, 2021, virtual Board Meeting
The following is a summary of items discussed at the May 27, 2021, Authority Board Meeting:
Board members present and acting were Chair George Gregory, Vice-Chair Sarah Smith Hymes, Treasurer
Geoff Dreyer, Pam Elsner, Kim Bell Williams, and Mick Woodworth.
Introductions
Assessing Late Fees
New employees Beth Doliboa and Christine Heimerl of the administration
department were introduced, and Jim Cannava of the finance department was
introduced.
The board approved the reinstatement of late fees for past due accounts for
customers.
Coverage Based
Irrigation Rates
Termination of Joint
Emergency Disaster
Declaration
The board approved revisions of the Coverage Based Irrigation Rate to
accommodate a move from three to five tiers. This will better align irrigation rate
tiers to the Authority’s residential water use tiers and promote water efficiency goals
for irrigation accounts.
The board approved the termination of the emergency disaster declaration, which
was in place since March 2020. The declaration was rescinded due to the decline in
local and statewide COVID-19 cases.
Drought Update Len Wright presented on current drought conditions. Diane Johnson updated on
drought mitigation outreach strategies to inform customers of the importance of
reducing water use. She also discussed the letter distributed to Tiers 4 and 5 users
encouraging more efficient water use.
Best Place to Work
Award
Eagle River Water and Sanitation District received the Vail Valley Partnership’s
Best Place to Work Award for 2020. Catherine Hayes discussed the application
process, which highlighted employee culture and specifically the efforts of the IT
and HR departments, especially during the pandemic.
Dowd Junction
Collection System
Project Update
Jeff Schneider, Niko Nemcanin, and Jenna Beairsto updated the board on the
Dowd Junction Collection System Projects. Permitting has been a major component
of these projects due to the location. The recreation path at the Minturn Interceptor
Aerial Crossing will be open to the public August 16.
Wolford Mountain
Reservoir Dam Safety
Len Wright briefly updated on ongoing issues with the Wolford Mountain Reservoir
Dam. A comprehensive dam safety evaluation identified elevated levels of risk
associated with the dam that will require mitigation. The Authority and District have
Summary of Authority’s May 27, 2021, virtual Board Meeting Page 2 of 2
some contract water supplies in Wolford, but other sources are available if the
reservoir needs to be lowered for risk mitigation or repairs.
Authority Water
Rights Report
Glenn Porzak reported he will begin work on the Authority’s water rights report,
which is updated at least every two years.
(970) 748-4049 gdaly@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Greg Daly, Chief of Police
RE: Avon Police Department Disposition on
Forfeited Properties for 2020
DATE: June 22, 2021
SUMMARY:
In accordance with Avon Town Resolution 2000-12, “Section 4. The committee shall, each year, submit a
written report to the Town Council concerning forfeited moneys or property received during the year and an
accounting of how such monies were expended during the year.”
The forfeited monies in the Forfeiture Account can only be used for law enforcement training or equipment
expenditures only. These monies accrue from adjudicated criminal cases or through civil forfeiture
processes.
The opening balance for 2020 was $86.94. There were no expenditures in 2020.
The closing balance for 2020 was $86.94.
Respectfully Submitted,
Greg Daly
Chief of Police
###
970 748 4034 rmckenner@avon.org
TO: Honorable Mayor Smith Hymes and Council members FROM: Robert McKenner, IT Manager
RE: Guest Wireless Network Security
DATE: 06/17/2021
SUMMARY: Town has recently experienced issues with unauthorized activity on the Town’s guest wireless network,
including illegal download of movies. The current wireless network system cannot identify and or block the unwanted
activity on our public facing wireless system. Town Attorney Paul Wisor has received correspondence demanding the
Town not permit illegal download of movies. The report provides an update to Council on intended wireless system
upgrades to prevent unauthorized and illegal activity on our public wireless system.
BACKGROUND: Avon provides free guest wireless internet access in all the Town’s facilities and in portions of
Nottingham Park. This access has been unsecure and unfiltered allowing access to the internet without passwords or
restrictions. It is common for municipalities to provide some level of public internet access within its facilities and in
public areas.
Up to recently not having security on the guest wireless network has not been an issue. However, over the last
couple months the Town has receiving several notifications from Comcast that someone is using the guest network
to illegally downloading content using BitTorrent. Comcast has notified the Town that if this continues that they will
cancel the Town’s internet service. There is also the risk of litigation brought by the owners of the stolen content.
Options: The Town has several options that it can take, but only one option that will allow for the Town to continue
offer free internet service to our guest and stop possible future litigation.
• Leaving the guest network access as is. Obviously, this is not a real solution.
• Adding a password to the guest network and providing the password to guest when requested. At the
surface, this solution sounds good, but as the password circulates through the community the offender
could and will offend again. This solution does not deter future offense. (Staff is exploring the registration
and password requirement as a potential good practice for other reasons.)
• Discontinue providing free guest wireless internet services. Although this solution stops possible future
litigation it would discontinue a public amenity offered by the Town which most towns offer to residents and
guests. Access to internet is one of the top amenities that is looked for by guests.
• Implement firewall and software solution that is like other resort communities that prevents access to
BitTorrent and similar sites. STAFF RECOMMENDS THIS OPTION.
FIREWALL SOLUTION: The firewall solution implements intrusion prevention services that will stop unauthorized
activity. The solution will be configured so guest will have to login with an email address and accept an internet
usage agreement. The solution gives the Town the tools to manage and track access. This solution also prevent
access to inappropriate and known bad sites. Town can set time access to reduce piggybacking of internet services.
COST: The cost proposal for this solution is $11,370 (see attachment).
MANAGER’S COMMENT: This is an important improvement to our public wireless system which other communities
have implemented to address similar concerns. Unless Council has questions or objections, we will proceed with
implementing this solution and will include the cost in the next proposed budget amendment to be presented to
Council in August.
Thank you, Robert
ATTACHMENT A: PEI Guest Wireless Firewall Proposal
Town of Avon
Statement of Work
Guest Wireless Firewall Implementation
Version 1.0
Project number: 21020202
Date: June 16th, 2021
Account Manager: Martin Feehan
Technical Certification: Jason Howe, Jacob Eker
Presented by: Martin Feehan
ATTACHMENT A: Guest Wireless Firewall Proposal
Guest Wireless Firewall
SOW Version 1.0
6/16/2021 SOW Expires 30 Days From Date of Submittal Page 2 of 9
Copyright 2021, PEI Confidential- Not to be Viewed, Copied, or Distributed Without Written Consent
Revision Log
Revision Log
Date Version Author Description
6/16/2021 1.0 MF/JH/JE Initial Proposal
The information in this Statement of Work shall not be disclosed outside Town of Avon and
shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to
evaluate the products and services to be provided by PEI.
ATTACHMENT A: Guest Wireless Firewall Proposal
Guest Wireless Firewall
SOW Version 1.0
6/16/2021 SOW Expires 30 Days From Date of Submittal Page 3 of 9
Copyright 2021, PEI Confidential- Not to be Viewed, Copied, or Distributed Without Written Consent
Executive Summary
Town of Avon has experienced issues with unauthorized activity on the town’s guest
wireless network. The current solution cannot identify and block the unwanted activity, so
town leadership would like to implement a new firewall dedicated to protecting the guest
network.
PEI has architected a new network architecture that allows for secure connectivity for guest
users, as well as the necessity to authenticate through a password for all guest users, which
can be updated by the town.
This Statement of Work defines the consulting services and deliverables that PEI will provide
to Town of Avon. The purpose of these services is to assist Town of Avon in their effort to
implement a new firewall for the guest network.
Goals
In prior discussions with Town of Avon, PEI has been able to perform a basic needs analysis
that addresses both business and technical considerations, as related to conducting these
phases of the work. These phases of work are in line with the PEI recommendations
presented to Town of Avon in the PEI Network Documentation and Suggestions. PEI
foresees the goals of the project to be:
Firewall Solution
• Lab, testing, configuration of the following equipment
• One (1) Cisco ASA 5508 firewall
• Installation of a Cisco ASA-X Firewall with IDS/IPS and URL filtering into the Guest
Wireless Network
• Setup of password protection policy for accessing the guest wireless network
• On-site after-hours installation for one (1) firewall at Town of Avon
• Validation of services passing through the firewall
• Second day support of any issues happening due to the firewall replacement
Training and Documentation
• Documentation of updated as built architecture
ATTACHMENT A: Guest Wireless Firewall Proposal
Guest Wireless Firewall
SOW Version 1.0
6/16/2021 SOW Expires 30 Days From Date of Submittal Page 4 of 9
Copyright 2021, PEI Confidential- Not to be Viewed, Copied, or Distributed Without Written Consent
Scope Overview
Solution Overview
PEI performed a network assessment of the current wireless needs of the Town of Avon.
This assessment highlighted a series of recommendations to improve security around
activity on the guest network. Town of Avon would like to implement the recommendations
provided. This Scope of Work outlines the architecture plan as well as the steps needed to
implement and validate the solution.
Firewall Solution
PEI will implement a new Cisco ASA 5508 firewall. The firewall will be configured to run
Intrusion Prevention Services to stop unauthorized activity. The solution will also be
configured to enforce a password on all guest wireless services, ensuring the town can
update access to the network as needed.
Administrative Training and Documentation
PEI will provide direct and indirect training throughout the implementation of the new
network architecture. Indirect training will be provided by working together with the Town
of Avon IT team throughout the deployment. Direct training will be facilitated by providing
thorough administrative training. At the conclusion of the project, PEI will also provide
documentation of the architecture implemented and of the work performed to implement
the solution.
Scope Details
The consultative services provided by PEI will affect the following areas of Town of Avon
environment.
Platform
Affected
Description
Firewall
Solution
• Lab, testing, configuration of the following equipment
• One (1) Cisco ASA 5508 firewall
• Installation of a Cisco ASA-X Firewall with IDS/IPS and URL
filtering into the Guest Wireless Network
• Connecting the firewall to the Avon Firepower Security
Management server
• Setup base policies for IPS to block BitTorrent and p2p file
sharing
• On-site after-hours installation for one (1) firewall at Town of
Avon
• Validation of services passing through the firewall
• Second day support of any issues happening due to the firewall
replacement
Training and
Documentation
• Documentation of updated as built architecture
ATTACHMENT A: Guest Wireless Firewall Proposal
Guest Wireless Firewall
SOW Version 1.0
6/16/2021 SOW Expires 30 Days From Date of Submittal Page 5 of 9
Copyright 2021, PEI Confidential- Not to be Viewed, Copied, or Distributed Without Written Consent
Scope of Work Deliverables
Each phase outlined in this SOW has specified deliverables.
The following deliverables will be developed throughout the project with the involvement of
Town of Avon IT team. A final version will be delivered within 14 business days of
completion of any work.
Phase 1 – Initial deployment plan and modifications to labor and materials estimations
Phase 2 – Project timelines and task assignments and Production deployment
Phase 3 – Documentation and training updates as requested
All documents will be provided in electronic format.
Out of Scope Details
It is our mutual desire to properly understand the needs of this project, and to deliver the
intended outcome. To that end, we must control changes to the deliverables and the
requirements at the onset of the work. Changes to those initial, agreed upon parameters,
are referred to as “out of scope”. Out of scope items will require a Change Order to be
processed and typically are subject to additional charges.
PEI will make every effort to identify such items and to discuss them prior to execution of
the additional tasks. It is customary to have “out of scope” issues arise but, through timely
and comprehensive communications, it is our intention to have mutual agreement on
desired “extra” project tasks, and consent prior to additional engineering.
Any area that is not explicitly listed as “within scope” is out of scope for this engagement.
Assumptions and Responsibilities
Assumptions:
• Town of Avon will provide all software unless identified within the project quotation.
Software provided must be legally licensed. Proof of licensing is required.
• Town of Avon will provide all server and storage hardware necessary to complete this
project unless identified within the project quotation. Server specifications will be
provided by PEI.
• Due to the complexity of the project and the time required to complete the project,
this Scope of Work was created with the intent for work to be performed remotely
from PEI offices in Colorado. If remote access is not capable, additional costs may
apply.
• This Scope of Work was built with the intent of PEI engineers working independently
within Town of Avon’s environment. If this is not possible, additional costs may
apply.
ATTACHMENT A: Guest Wireless Firewall Proposal
Guest Wireless Firewall
SOW Version 1.0
6/16/2021 SOW Expires 30 Days From Date of Submittal Page 6 of 9
Copyright 2021, PEI Confidential- Not to be Viewed, Copied, or Distributed Without Written Consent
• All work performed will be subject to PEI’s Professional Services Agreement. PEI will
invoice services on a weekly basis unless an alternative billing schedule is mutually
agreed upon.
• This Statement-of-Work includes data that shall not be disclosed outside Town of
Avon and shall not be duplicated, used, or disclosed - in whole or in part - for any
purpose other than to evaluate this SOW or quotation.
• All work must be scheduled with the PEI project manager. The PEI project manager
will require no less than two weeks’ notice, ten (10) business days, prior to
deployment; otherwise additional travel and expense cost may be incurred.
Cancellations must be made one week in advance of the work schedule. Any travel
related expenses purchased prior to cancellation shall be reimbursed by the client.
• Client is responsible for all travel costs occurred with training (flight, ground
transportation, hotel, per diem).
Town of Avon Responsibilities:
• Will provide appropriate administrative credentials to the affected environments.
This may include Active Directory, Office 365, Azure, etc.
• Will provide appropriate remote access for PEI to meet the objectives of this Scope
of Work. Access may include VPN (or other) remote access, domain admin
credentials.
• Will provide base server, whether virtual or physical, needed for the success of this
project. Preferred operating system for the base server(s) is Windows Server 2012
R2 or higher.
• Will provide key personnel for network and infrastructure administration.
• Will review and provide feedback on all submitted documentation within a timeframe
mutually deemed acceptable to meet project schedule.
• Will be responsible for end user training unless these services are specified as part of
the SOW.
• Will provide documentation of existing environment. Documentation should include
user quantities, LAN/WAN documentation, VLAN configuration, voice configuration,
etc.
• Shall ensure that all environmental (power, cooling, etc.) and physical (cabling, rack
config, etc.) requirements are met prior to deployment.
• Will provide adequate workspace when on site, and proper access to facilities,
systems and infrastructure needed to successfully deliver the solution.
PEI Responsibilities:
• Will provide the appropriate engineering resources for each phase in the SOW.
• Will provide appropriate project management throughout the lifecycle of this project.
• Will provide proper notification when accessing systems remotely.
• Will provide customer and stakeholders the information and guidance with the
system planning and configuration.
• Will perform all work during business hours unless scheduled in advance (After hours
work will be billed at a higher rate).
ATTACHMENT A: Guest Wireless Firewall Proposal
Guest Wireless Firewall
SOW Version 1.0
6/16/2021 SOW Expires 30 Days From Date of Submittal Page 7 of 9
Copyright 2021, PEI Confidential- Not to be Viewed, Copied, or Distributed Without Written Consent
Project Costs
PEI Quote Worksheet - Town of Avon
Description - Guest Wireless Firewall Price Qty Extended
Version - 1.0
Avon, CO
Consulting Services
Consulting Services SUBTOTAL $6,679
Equipment and Materials
Cisco
ASA 5508-X with FirePOWER services, 8GE, AC, 3DES/AES $2,119 1 $2,119
Cisco ASA5508 FirePOWER IPS and URL 3YR Subs $2,033 1 $2,033
Equipment and Materials SUBTOTAL $4,152
Support Services
Cisco
SOLN SUPP 8X5XNBD ASA 5508-X with FirePOWER services 8GE A, 1 Year $539 1 $539
Support Services SUBTOTAL $539
PROJECT TOTAL $11,370
Labor Description : Professional Services consist of architecture and design, configuration,
deployment, second day support, documentation, training and project management.
ATTACHMENT A: Guest Wireless Firewall Proposal
Guest Wireless Firewall
SOW Version 1.0
6/16/2021 SOW Expires 30 Days From Date of Submittal Page 8 of 9
Copyright 2021, PEI Confidential- Not to be Viewed, Copied, or Distributed Without Written Consent
Scope of Work Acceptance
Bid: Note that all pricing listed on the proposal is priced as “Bid”. Proposal does not include
sales tax or freight. All freight is FOB Origin. Tax and freight may appear on a separate
invoice. Any quotes for labor or consulting during the various phases are based on a Bid.
PEI will invoice for labor at the Bid amount on the proposal. Any changes in project scope
may generate a Change Order that will be separate from the Bid amount and provided as a
supplemental Bid.
PEI requests a deposit of 50% of the Labor Total reflected in the Scope of Work in order to
commence with an engagement. PEI will invoi ce 100% of the total of equipment, licensing,
and support/maintenance reflected in the Scope of Work upon equipment, licensing, and
support/maintenance. The remaining balance of the project will be invoiced based on the
completion of project milestones. Project completion milestones will be mutually agreed to
prior to the inception of a project. The proposed milestones completion schedule is as
follows:
Labor Milestones
Milestone Description Percentage
1 Initial Deposit 50%
2 Lab integration & base configuration of Cisco
equipment in PEI’s lab 20%
3 Installation of Cisco equipment in Avon
headquarters 20%
4 Project Completion 10%
Hardware Milestones
Milestone Description Percentage
1 Shipping of Cisco Equipment 100%
ATTACHMENT A: Guest Wireless Firewall Proposal
6/16/2021 SOW Expires 30 Days From Date of Submittal Page 9 of 9
Copyright 2021, PEI Confidential- Not to be Viewed, Copied, or Distributed Without Written Consent
About PEI
PEI, a Cisco Certified Partner, is a technology consultancy and service provider. We focus
on several core areas of technology: Infrastructure, Networking, Unified Communications,
Virtualization and Managed Services, with security always top of mind. By partnering with
industry-leading companies, we enable our clients to realize the competitive value of
technology solutions that drive real business results. We map a solution set that ensures
your company has the essential tools needed to competitively succeed.
Our mission is to architect and deliver technology solutions that effectively address our
customers' business challenges. Founded in 1988, we have over 30 years of experience
driving value for our customers by increasing efficiency, reducing costs, and delivering
successful outcomes. Our highly experienced and professional engineering team is second to
none with experience on more than 7,000 successful IT projects.
Signatures
By signing the approval, you acknowledge that this document serves as your purchase
order, and that you have the authority at your organization to order goods and services.
Authorized Agent (signature) Date
Printed Name Title
Purchase Order
THIS QUOTATION IS VALID FOR 30 DAYS FROM THE DATE OF QUOTATION. UNIT PRICES
AND DISCOUNTS APPLY TO THE SPECIFIC QUANTITIES QUOTED. DELIVERY INDICATED IS
PEI'S BEST ESTIMATE AT THE TIME OF QUOTATION. PRICES QUOTED ARE EXCLUSIVE OF
ANY APPLICABLE TAXES OR SHIPPING. ALL PRODUCTS ARE FOB ORIGIN. PEI'S TERMS
AND CONDITIONS OF SALE APPLY TO ALL TRANSACTIONS.
ATTACHMENT A: Guest Wireless Firewall Proposal