There will be a  City Council Meeting  Monday June 10, 2024at  @7:00 P.M.    CITY OF LAMAR, COLORADO MEETING OF CITY COUNCIL Monday, June 10, 2024 - 7:00 p.m.  -AGENDA-  12345678910 11 12 13 14 15 16 17 18  JOE GONZALES SHALAH MATA GERRY JENKINS KIRK CRESPIN DAVID ZAVALA MANUEL TAMEZ BRENT BATES ROB EVANS KRISTIN SCHWARTZ LANCE CLARK  GENERAL BUSINESS  I. II.  Invocation - Ray Matteson Pledge of Allegiance III. Call to Order IV. Roll Call V. Review Agenda  CONSENT AGENDA  Item 1-A Approval of Council Meeting Minutes-5 5/13/2024, Special meeting minutes 5/23/2024  Item 2-Approval of Minutes for Board and Commissions a) Utilities Board - 4/23/2024, 5/14/2024 b) Adjustments and Appeals Board - 5/09/2024 c) Public Safety Board -4 4/18/2024, 4/22/2024, 4/08/2024  d) Water Board-4/11/2024  Item 3-1 Payment of Bills Item 4-License - New and Renewal  PUBLIC COMMENT  Item 1-Audiencel Participation-"During this portion oft the meeting, anyone may speak on any subject which does not    Appear on the agenda. Individual speakers are limited to three minutes each and at the discretion ofthe  Council". (Please provide name and address).  REPORTS AND CORRESPONDENCE  Item 1-City Treasurer's Report Item 2-City Clerk's Report Item 3-City Administrator's Report Item 4- Reports and Correspondence from Council  ORDINANCE 2ND READING  Item 1-Ordinance' No. 1272-"An Ordinance or the City ofLamar, Colorado Repealing and Replacing Transportation  Units, Chapter 6, Article IV"  NEW BUSINESS  Item 1-Schedule a Public Hearing for a Special Event Permit for the Sand & Sage Round-Up  Item 2-Schedule al Public Hearing for a Temporary Modification of Premise Application for Buzzard's Roost  Item 3-CDOT Aeronautics Grant Agreement 24-LAA-01 Reconstruct Taxiway A Phase I& II  Item 4-Request for Extra-Territorial Water Service  Item 5-Award Bid 44-008 for Financing for the 2024 Ford Edge for the Library  Item 6-A Approval of Lease Agreement with Aqua-holics Rentals, LLC  Item 7- Approval of Intergovernmental Agreement with Lamar Community College for Facilities Use  Item 8- Approval of Agreement with JVA Consulting Engineers for Fishing is Fun Grant Consulting  Item 9-Approve Grant Agreement with Robert Hoag Rawlings Foundation for Parks and Recreation Programs    Item 10 -I IGA with Lamar Schools for Thunder Stadium & 14th Street Improvements  Item 11 - Discussion on Common Grounds Future Times and Locations  Item 12-N Miscellaneous  Item 13 -I Executive Session - For Discussion ofal Personnel Matter under C.R.S. Section 24-6-402(4)() For mid-year staff Review (2) Fora a conference with the City Attorney for the purpose of receiving advice on specific Legal questions  Under C.R.S. $24-6-402(4)b)m regarding Public Safety" Tax  NEXT CITY COUNCIL MEETING - Monday, June 24, 2024 @ 7:00 P.M Individuals with disabilities needing auxiliary aid(s) may request assistance by contacting Stephanie Strube at City ofl Lamar, 102E Parmenter, Lamar CO 81052, or by phone (719)336-4376. We would appreciate 48 hours advance notice of the  event SO arrangements can be made tol locate the requested auxiliary aid(s).    33  d0  88 0: : 888885  o  83888  o o  14     : a  A dasits  :S  888  mt    AAIHE  :is  mt    886888 8888 8888 888 00 85 88 : 88 88  0  ftiit A 55  1e  - -  a    a  8e 00 : 38888885 88  00000 888888  o 88  9325  :  5  -  N D6  8    88  de  A  9  -  1    :8  d: : 888 o o  88 e 88 o  8838    :    60o :e o  00 88 o 8888  Sai85  :  A  m    6  10 83 88 88808 88 :o 650 a  88888  8S 8 :: Agis  S   :  B    0o  88 88  88 83888 88 88 888  : - 4  n.  -  de  -    0000   s  :AARa      888888 88  o  60 o  :  8  n  m    8888 88888 888 38888665 88 00 :0 o 888888 66600  60  5 1  555 : :  a    -    88  8 U  S :: : o 3585 88 83 :  10 88 88 : o  m 14111    -  88 88   a  50 lo 88 88 888  is  Ai  6  -  -    00000  :0 0o o d0  16 4:  a6 178  A    g    mHt -    88  0o 60 88 6 o  o 88 88  35  i  m  -    88 888 :  d0 888888  - :  3338     sit S5 :    - E    C  :  a      888888 88 o o 88  a    III    -  :o : 888  00 o d 888  00 00  0 o  88 88  88888  0 aa  E   a 5 :    888 8  :8  : 8e  88888 88 0o 08  88 888  :  de  : - s    e  d0  60 88 :: o o :  C 28  :    -    :88 :00 80  11  - 8 15    m    8888 88 0000  : : 88 0  00 : :0  38 00 88  88  88888  :o  e    :o  o 60 88  :  888 88 o  E6    o 0o 60 :0 :e 0  o  - 358        0  a 8  888 o  37    CITY OF LAMAR May 13, 2024  MINUTES OF THE CITY COUNCIL MEETING  The City Council met in a regular session at 7:00 p.m. in the Council Room with Mayor  Crespin presiding. Present:  Joe Gonzales, Shalah Mata, Gerry Jenkins, Kirk Crespin, David Zavala, Rob Evans, Kristin Schwartz, Lance Clark  Brent Bates by zoom Manuel Tamez  Absent: Consent Agenda consent agenda Items 1-4.  Councilmember Jenkins moved and Councimember Gonzales seconded to approve the  Item #1 - Approval of Council Meeting Minutes = 4/22/2024 Item #2 - Approval of Minutes for Board and Commissions b) Historic Preservation Board - 1/16/2024, 2/20/2024, 3/19/2024 c) Planning & Zoning Board - 1/16/2024, 3/13/2024 e) Water Board - 2/15/2024, 3/7/2024, 3/14/2024 General Fund-Vouchers #99176-#99332  a) Utilities Board - 4/9/2024 d) Airport Board - 3/27/2024 Item #3 - Payment of Bills  Item #4-1 License New and Renewal  a) Coin Operated Amusement Device License - Davis Delights, 35234 Cty Rd.7,  Lamar, CO  Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Bates  Voting No: None  Mayor Crespin stated "Let the record reflect that all Councilmembers voted an  affirmative, motion passes 6-0". Audience Participation City Treasurer Report none received.  None  City Treasurer Schwartz provided 1st quarter 2024 financials for review and questions, City Treasurer Schwartz provided a brief update on the ARPA funds for those council members that are new. We were awarded $1,924,082.37 in 2021, to date we have spent $69,813.87 for the SECED Housing Project in 2022 and committed $90,000.00 for the Ark Valley Conduit project, which leaves a balance of $1,764,268.50. She has done some more training on how the money can be spent due to a new ruling that has been set. She has to identify how the money is committed to different projects by the    end of 2024 and we have until the end of 2026 to have all projects identified be complete. She stated there has been discussion on what the city wanted to commit that funding to. She stated that we had talked about doing a full city traffic study in the range of$100,000.00 the financial software we have been discussing in the amount of $564,006.50 and the balance would be committed water capital projects that were City Treasurer Schwartz provided a listing of all grants that we have open and the status that they are currently in and completion date. Currently we have $9,738,037.76 in awarded grants that are applied for, received or projects ongoing. She announced that we have received grant award notice for the CPW Fishing for Fun Grant to building another handicap pier on the back pond, which will be a permanent dock instead of a floating dock this time as well as a cleaning station. We were awarded the full  identified in the water master plan.  $120,000.00 and the project is estimated at $160,000.00.  City Treasurer Schwartz announced that the City has received the PO for the archery range. She will meet with Rob and Anthony on this as there will be a lot ofi in-kind work City Treasurer Schwartz reported that the City has received the backfill money from the State through Prowers County in the amount of $108,446.00. This money has been  by the city on this.  committed to the Fire Department for new gear.  City Clerk Report  City Clerk Williams reported that the March revenue report reflected collections of $497,490.89 which was up 8.52% or $39,042.65. Year to Date collections were  $1,898,097.40 which was up 8.28% or $145,173.03 from 2023.  City Administrator Report Mother's Day  City Administrator Evans made a comment on Mother's Day being over the weekend  and said Happy Mother's Day to all mothers.  Tri-State 9/11 Tribute  City Administrator Evans reported that Doug Harbour of the Tri-State 9/11 Board delivered a Certificate of Appreciation to the Lamar City Council.  CML Conference Loveland.  City Administrator Evans reported that the CML Conference will be June 18-21, 2024 in  Chief of Police Search  City Administrator Evans announced that there will be a community reception on Thursday, May 16, 2024 4-6:00 p.m. at the Tavern 1301 and panel interviews will be  conducted on Friday, May 17, 2024.  Lamar Days Events  City Administrator Evans provided the following Lamar Days Event schedule. Chamber of Commerce BBQ Cook Friday, May 17, 2024 Lamar Days Parade, Saturday, May 18, 2024 Car Show, Saturday, May 18, 2024.    Coffee with Rob  City Administrator Evans announced schedule for Coffee with Rob.  May 15, 2024-7:00 a.m. Hickory House May 22, 2024-7:00 a.m. McDonalds May 29, 2024-7 7:00 a.m. TA Express  Lamar Chamber 3rd Annual Glow Golf Night Tournament  City Administrator Evans announced that Chamber of Commerce 3rd Annual Glow Golf Night Tournament is Saturday, June 8, 2024, 4:00 p.m. at Spreading Antlers Golf  Course.  City Christmas Party  City Administrator Evans asked what the Council would prefer for a City Christmas Party Venue as the current location needs confirmation of date. Council discussed and itwas decided to continue at the Elk's this year on December 7, 2024.  Prowers County Sheriff's Office Youth Academy  City Administrator Evans announced that the Prowers County Sheriffs Office Youth  Academy is June 3-7, 2024. Council Meeting Cancellation  City Administrator Evans announced that the Council meeting scheduled for May 27, 2024 has been cancelled due to Memorial Day. Council confirmed that City Treasurer Schwartz could pay bills as necessary and Council will approve them at the next  meeting. Project Update  City Administrator Evans reported on the following:  Update on beaver relocation, they captured two and will continue to stay on top  of this.  Youth Soccer league completed. Radar certification completed.  ITD Department continues to work on camera installation at various buildings. Fire Department No Booze Cruise Friday evening May, 17, 2024.  Oath of Office for New Police Officer- Ezequiel Hernandez  Police Chief Miller introduced Officer Ezequiel Hernandez. Mayor Crespin administered the Oath of Office. Officer Hernandez's sister, Bianca Hernandez, did his badge  pinning. Miscellaneous None  Reports and Correspondence from Council Planning & Zoning Board Update there are some great things happening in Lamar.  Councimember Gonzales reported that they have items on the agenda tonight and  Golf Board Update  Councilmember Gonzales reported that the Chris Stuart family tournament was held over the last weekend, great event. In June they will host the Glo Golf Tournament,    DECA Tournament and Wiley Panther Open. Greens look amazing. Also there are still  talks about. JVA holding a tournament.  Graduates Graduates. Public Safety Board  Councimember Mata gave a congratulations to all of the area High School and College  Councimember Jenkins and Public Safety Board Chairman Don' Williamson reported that they continue working on the bylaws, they will be meeting the 3rd Thursday of the  month at 4:00 p.m. and are still in need of two more members.  PMC Update  Mayor Crespin stated that they had their PMC meeting today and continued work on the  community picnic scheduled for June 7, 2024.  Miscellaneous  Councimember Bates that SECCI will be hosting its annual fundraiser on July 20, 2024, Councimember Jenkins wanted to update the public as to what the fire department was doing. They are doing their annual hose testing, this is to help maintain Lamar's ISO  6-10:00 p.m. at the Shore Pocket Park.  class 2 rating.  OLD BUSINESS  Award Bid for New Financial Software to Tyler Technologies  Councilmember Bates moved and Councimember Gonzales seconded to award bid to Tyler Technologies for the new financial software on premise and allow the Mayor to sign once the new contract has been reviewed and approved by City Attorney and City  Treasurer.  Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Bates  Voting No: None  Mayor Crespin stated "Let the record reflect that all Counciimembers voted an  affirmative, motion passes 6-0".  NEW BUSINESS  Public Hearing for New Fermented Malt Beverage & Wine Liquor License for Family Dollar Stores of Colorado, LLC dba/Family Dollar Store #24291 Mayor Crespin requested to open Public Hearing at 7:43 p.m.  Councimember Jenkins moved and Councimember Mata seconded to open the public hearing for a new Fermented Malt Beverage & Wine Liquor License for Family Dollar  Stores of Colorado, LLC dba/Family Dollar Store #24291. Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Bates  Voting No: None    Mayor Crespin stated "Let the record reflect that all Councilmembers voted an Mayor Crespin asked if paperwork was in order and premises had been posted and publication given regarding the public hearing. Chief Miller and City Clerk Williams both Mayor Crespin asked if there was anyone in favor of the new Fermented Malt Beverage &Wine Liquor License for Family Dollar Stores of Colorado, LLC dba/Family Dollar Rob Hosick, consultant for Family Dollar Store spoke in favor of the new Fermented Malt Beverage & Wine Liquor License for Family Dollar Stores of Colorado, LLC  affirmative, motion passes 6-0".  responded as correct.  Store #24291.  dba/Family Dollar Store #24291.  Mayor Crespin asked if there were any further comments in favor of the new Fermented Malt Beverage & Wine Liquor License for Family Dollar Stores of Colorado, LLC  dba/Family Dollar Store #24291; none received.  Mayor Crespin asked if there was anyone against the new Fermented Malt Beverage & Wine Liquor License for Family Dollar Stores of Colorado, LLC dba/Family Dollar Store Galan Burnett, 800 S 6th, spoke against the new Fermented Malt Beverage & Wine Liquor License for Family Dollar Stores of Colorado, LLC dba/Family Dollar Store Mayor Crespin asked if there were any further comments against the new Fermented Malt Beverage & Wine Liquor License for Family Dollar Stores of Colorado, LLC Councimember Gonzales moved and Councilmember Jenkins seconded to close the public hearing for new Fermented Malt Beverage & Wine Liquor License for Family Dollar Stores of Colorado, LLC dba/Family Dollar Store #24291 at 8:05 p.m. Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Bates  #24291.  #24291.  dba/Family Dollar Store #24291; none received.  Voting No: None  Mayor Crespin stated "Let the record reflect that all Councilmembers voted an Councimember Gonzales moved and Councilmember Mata to approve the new Fermented Malt Beverage & Wine Liquor License for Family Dollar Stores of Colorado,  affirmative, motion passes 6-0".  LLC dba/Family Dollar Store #24291.  Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Bates  Voting No: None  Mayor Crespin stated "Let the record reflect that all Councilmembers voted an  affirmative, motion passes 6-0". UAC 4U Agreement    Councimember Jenkins moved and Councimember Mata seconded to approve the UAC 4U Agreement for the company to provide free magnets to the City of Lamar to  give out to the citizens at no charge.  Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Bates  Voting No: None  Mayor Crespin stated "Let the record reflect that all Councilmembers voted an CDOT Letter of Support for US50 Passing Lanes Grant Application  affirmative, motion passes 6-0".  Councilmember Jenkins moved and Councilmember Gonzales seconded to approve a letter of support to CDOT for the US50 Passing Lanes Grant Application and authorize  the Mayor to sign. Voting No: None  Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Bates  Mayor Crespin stated "Let the record reflect that all Councimembers voted an AR Resolution of the Board of Directors of Southeastern Colorado Water Conservancy District concerning the 2003 Intergovernmental Agreement with the Councimember Mata moved and Councimember Jenkins seconded to approve the Resolution of the Board of Directors of Southeastern Colorado Water Conservancy District concerning the 2003 Intergovernmental Agreement with the City of Aurora  affirmative, motion passes 6-0".  City of Aurora  based on attorney corrected changes.  Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Bates  Voting No: None  Mayor Crespin stated "Let the record reflect that all Councilmembers voted an Approval of ARPA Subrecipient Agreement with Southeastern Colorado Water Councilmember Jenkins moved and Councilmember Bates seconded to approve the ARPA Subrecipient Agreement with Southeastern Colorado Water Conservancy District  affirmative, motion passes 6-0". Conservancy District and allow the Mayor to sign. Voting No: None  Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Bates  Mayor Crespin stated "Let the record reflect that all Councimembers voted an Approve Staff to Apply for CDPHE 1306 Brownfields Cleanup Grant  affirmative, motion passes 6-0".  Councilmember Jenkins moved and Councilmember Mata seconded to approve staff to apply for CDPHE 1306 Brownfields Cleanup Grant in the amount of $250,000.00 for the  asbestos abatement of the Main Café.    Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Bates  Voting No: None  Mayor Crespin stated "Leti the record reflect that all Councilmembers voted an  affirmative, motion passes 6-0".  Approve Agreement with Ayers for Consulting Services for the Preparation of the Councimember Gonzales moved and Councilmember Jenkins moved to approve the Agreement with Ayers for consulting services for the preparation of the CDPHE 1306  CDPHE 1306 Brownfields Cleanup Grant  Brownfields Cleanup Grant. Voting No: None  Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Bates  Mayor Crespin stated "Let the record reflect that all Councilmembers voted an Approve Grant Agreement with SECOG for Dog Park Improvements Councilmember Jenkins moved and Councilmember Zavala moved to approve Grant Agreement with SECOG for Dog Park Improvements in the amount of $5,000.00.  affirmative, motion passes 6-0".  Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Bates  Voting No: None  Mayor Crespin stated "Let the record reflect that all Counciimembers voted an Discuss and Consider In-kind Work Contribution to the Shore Arts Center Councilmember Jenkins moved and Councilmember Mata seconded to approve the in- kind donation of a large roll-off for the Shore Arts Center as they clean the upstairs to the center. They are going to utilize the upstairs as a museum and speakeasy. They are naming it in honor of Carla Scranton, it will be called Carla's Speakeasy. Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Bates  affirmative, motion passes 6-0".  Voting No: None  Mayor Crespin stated "Let the record reflect that all Councimembers voted an  affirmative, motion passes 6-0". Affairs' Main Street Program Affairs' Main Street Program. Voting No: None  Memorandum of Agreement for Participation in the Colorado Department ofL Local Councilmember Jenkins moved and Councilmember Mata seconded to approve Memorandum of Agreement for Participation in the Colorado Department of Local  Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Bates  Mayor Crespin stated "Let the record reflect that all Councilmembers voted an  affirmative, motion passes 6-0".    Schedule Public Hearing for the Royal on the 7th Subdivision Final Plat Councimember Jenkins moved and Councilmember Mata seconded to approve the scheduling of Public Hearing for the Royal on the 7th Subdivision Final Plat on June 24,  2024.  Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Bates  Voting No: None  Mayor Crespin stated "Let the record reflect that all Councilmembers voted an  affirmative, motion passes 6-0".  Ordinance No. -"An Ordinance of the City ofL Lamar, Colorado stating the intent of the City of Lamar, Repealing and Replacing Transportation Units, Chapter 6, Councimember Gonzales moved and Councimember Jenkins seconded to approve "An Ordinance of the City of Lamar, Colorado Stating the Intent of the City of Lamar, Repealing and Replacing Transportation Units, Chapter 6, Article IV". Voting Yes: Gonzales, Mata, Jenkins, Zavala, Crespin, Bates  Article IV"  Voting No: None  Mayor Crespin stated "Let the record reflect that all Councilmembers voted an  affirmative, motion passes 6-0".  Miscellaneous None  Executive Session - (1)For Conference with City Attorney for the Purpose of Receiving Legal Advice on Specific Legal Questions under C.R.S. Section 24-6- 402(4)(b) Regarding Economic Development Negotiations (2) For the Purpose of Determining Positions Relative to Matters that may be Subject to Negotiations, Developing Strategy for Negotiations, and/or Instructing Negotiators under C.R.S. Councilmember Jenkins moved and Councimember Gonzales seconded to enter into an executive session - (1) For Conference with City Attorney for the Purpose of Receiving Legal Advice on Specific Legal Questions under C.R.S. Section 24-6- 402(4)(b) Regarding Economic Development Negotiations (2) For the Purpose of Determining Positions Relative to Matters that may be Subject to Negotiations, Developing Strategy for Negotiations, and/or Instructing Negotiators under C.R.S.  Section 24-6-402(4)e) Regarding the Chief of Police Search  Section 24-6-402(4)(e) Regarding the Chief of Police Search. Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Bates  Voting No: None  Mayor Crespin stated "Let the record reflect that all Councimembers voted an Regular meeting recessed and executive session convened at 8:46 p.m.  affirmative, motion passes 6-0".  Chief Building Official Strube was in attendance during Item 1 of the executive session  and left meeting at 9:19 p.m.    Councimember Jenkins moved and Councimember Gonzales seconded that executive  session adjourn at 9:35 p.m. and open meeting was reconvened. Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Bates  Voting No: None  Mayor Crespin stated "Let the record reflect that all Councilmembers voted an  affirmative, motion passes 6-0".  Adjournment  There being no further business to come before the Council, Councimember Jenkins moved and Councimember Mata seconded that the meeting adjourn. Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Bates  Voting No: None  Mayor Crespin stated "Let the record reflect that all Councilmembers voted an  affirmative, motion passes 6-0". The meeting adjourned at 9:36 p.m.  Linda Williams - City Clerk  Kirk Crespin Mayor    CITY OF LAMAR May 23, 2024  MINUTES OF THE SPECIAL CITY COUNCIL MEETING  The City Council met in a special session at 6:00 p.m. ini the Council Room with Mayor  Crespin presiding. Present:  Joe Gonzales, Shalah Mata, Gerry Jenkins, Kirk Crespin, David Zavala, Manuel Tamez, Rob Evans, Kristin Schwartz, Lance Clark  Brent Bates by zoom  Absent:  NEW BUSINESS  City/Rhodes Agreement on Main Café/Warehouse Properties  Councilmember Tamez moved and Councilmember Gonzales seconded to approve agreement between City of Lamar, Haley May Rhodes and Ashlynn Rhodes the donation of the upstairs of 112 S. Main St. for the assistance of removing the south warehouse at 111B W. Beech and 50% cost of roof repair at 111A W. Beech, and Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates  authorize the Mayor to sign. Voting No: None  Mayor Crespin stated "Let the record reflect that all Councilmembers voted an  affirmative, motion passes 7-0". Chief of Police Recommendation  City Administrator Evans gave a brief report on the Chief of Police search, the panels created for the in person candidate interviews along with an in person interview with him. At this time he is recommending: candidate Al Fear for the position and asking for Councimember Gonzales moved and Councilmember Bates seconded to approve recommendation of Al Fear for the Chief of Police position and authorize City Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates  permission to move forward with the hiring process.  Administrator to beginning the hiring process.  Voting No: None  Mayor Crespin stated "Let the record reflect that all Councimembers voted an  affirmative, motion passes 7-0".  Miscellaneous  Mayor Crespin asked that the public follow the rules and guidelines set at North Gateway Ponds. Pond one is for fishing only, pond 2-3 allow for non-motorized boating City Administrator Evans reminded council members that were going to CML to RSVP  and pond 3 has a designated swimming area. to Jviation for the dinner on Tuesday, June 18, 2024.    Adiournment  There being no further business to come before the Council, Councilmember Jenkins moved and Councilmember Mata seconded that the meeting adjourn. Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates  Voting No: None  Mayor Crespin stated "Let the record reflect that all Councilmembers voted an  affirmative, motion passes 7-0". The meeting adjourned at 6:24 p.m.  Linda Williams - City Clerk  Kirk Crespin Mayor    LAMAR UTILITIES BOARD April 23, 2024  MINUTES OF THE UTILITIES BOARD MEETING  The Lamar Utilities Board met in regular session at 12:00 p.m. with Chairman Thrall  presiding. Present: Absent:  Jay Brooke, Doug Thrall, Patrick Leonard, Jill Bellomy, Lance Clark,  Houssin Hourieh, Lisa Denman, Linda Williams Roger Stagner, Kirk Crespin, Leala Owen  Minutes of Previous Meeting - April9, 2024 meeting minutes of April 9, 2024.  Boardmember Brooke moved and Boardmember Leonard seconded to approve  Voting Yes: Brooke, Thrall, Leonard, Bellomy Purchase Orders #92965 through #93011  Voting No: None  Boardmember Brooke moved and Boardmember Leonard seconded to approve purchase orders #92965 through #93011 in the amount of $54,900.68.  Voting Yes: Brooke, Thrall, Leonard, Bellomy  Voting No: None PaymentofBills  Boardmember Brooke moved and Boardmember Leonard seconded to approve payment of bills: Vouchers #54389 through #54437 for a total of $786,082.31.  Voting Yes: Brooke, Thrall, Leonard, Bellomy  Voting No: None  Consider Approval of Agreement to Bind ARPA and LUB to the COMPOS EPC Contract for the Purpose of Abandoning two Gas Transmission Lines Boardmember Brooke moved and Boardmember Leonard seconded to approve agreement to bind ARPA and LUB to the COMPOS EPC Contract for the purpose of  abandoning two gas transmission lines. Voting Yes: Brooke, Thrall, Leonard, Bellomy 1st Quarter 2024 Financial Report  Voting No: None  Superintendent Hourieh reviewed the 1st quarter 2024 financials which included the  following:  Balance Sheet - Cash is up $228,915.00 from December 2023 and accounts Income Statement - Total operating revenue is $1,020,387.00 with total operating costs being $937,080.00 for a gross operating income of $83,307.00.  receivable has decreased by $194,195.00.    Adding in non-operating revenues and expenses brings the net income to YTD Income Statement - YTD operating revenue is $3,341,717.00 and total operating costs are $2,900,152.00 resulting in gross operating income of $441,565.00. Adding in non-operating revenues and expenses, there is a net YTD Comparison to 2023 - Retail sales are up $39,561.00 or 1%. However, operating expenses are up approximately $133,535.00 or 5% resulting in a net  $45,010.00.  income of $9,427.00.  income of $9,427.00 for the year.  System Operating Report  Superintendent Hourieh reported that the wind turbines data for the first quarter of 2024 indicates that LUB's three turbines have generated 2,773.30 MWH's of electricity with an average capacity factor of 22.82%. The wind turbines analysis showed that the 2024 first quarter generation is approximately 8.18% lower than the same time frame in 2023 and the capacity factor was approximately 7.21% lower than the same period in 2023. The decrease in wind production is contributed to less wind in 2024. The wind turbine crew started the semi-annual maintenance and inspection program on all turbines per  GE's guidelines.  Superintendent Hourieh reported that during last week's high wind storm the line crew replaced a failed DE Epoxilator and a 351 ft. Class II wooden pole in the Kornman area. Superintendent Hourieh reported that the 2024 LUB/ARPA Scholarship deadline has arrived. This year a total of 5 completed applications were received for the combined $1,400.00 scholarship. There were 2 received from Lamar, 3 from McClave, and none from Wiley. Superintendent Hourieh asked for two Boardmembers to assist Lisa Denman and Rory O'Neill in the selection process. The selection committee will be given the applications without any identifying information on the application. This anonymous process will allow the students to be judged solely on their academic achievements and community support. Boardmembers Bellomy and Brooke will assist Superintendent Hourieh announced that the roof is completed on the old plant. There being no further business to come before the Board, Boardmember Leonard moved and, Boardmember Brooke seconded that the meeting adjourn.  with the scholarship application review.  Adjournment  Voting Yes: Brooke, Thrall, Leonard, Bellomy The meeting adjourned at 12:18 p.m.  Voting No: None  Linda Williams - City Clerk  Doug Thrall - Chairman    LAMAR UTILITIES BOARD May 14, 2024  MINUTES OF THE UTILITIES BOARD MEETING  The Lamar Utilities Board met in regular session at 12:00 p.m. with Chairman Thrall  presiding. Present:  Jay Brooke, Doug Thrall, Patrick Leonard, Roger Stagner, Kirk Crespin, Lance Clark, Houssin Hourieh, Lisa Denman, Leala Owen, Linda Williams  Jill Bellomy arrived at 12:04 p.m.  Absent:  Minutes of Previous Meeting = April 23, 2024 meeting minutes of April 23, 2024.  Boardmember Brooke moved and Boardmember Leonard seconded to approve  Voting Yes: Brooke, Thrall, Leonard, Stagner Boardmember Bellomy arrived at 12:04 p.m. Purchase Orders #93012 through #93060  Voting No: None  Boardmember Stagner moved and Boardmember Leonard seconded to approve purchase orders #93012 through #93060 in the amount of $807,942.38.  Voting Yes: Brooke, Thrall, Leonard, Bellomy, Stagner  Voting No: None Payment of Bills  Boardmember Brooke moved and Boardmember Leonard seconded to approve payment of bills: Vouchers #54438 through #54502 for a total of $292,040.41.  Voting Yes: Brooke, Thrall, Leonard, Bellomy, Stagner  Voting No: None  Consider Approval of Bid #2041 - Pole Mount and Pad Mount Transformers Boardmember Stagner moved and Boardmember Brooke seconded to approve and award Bid #2041 - Pole Mount and Pad Mount Transformers to Solomon Corp. in the  amount of $384,745.00. Voting No: None  Voting Yes: Brooke, Thrall, Leonard, Bellomy, Stagner Consider Approval of Bid #2042 - Ductile Iron Poles  Boardmember Leonard moved and Boardmember Brooke seconded to approve and award Bid #2042 - Ductile Iron Poles to McWane in the amount of $84,725.71.  Voting Yes: Brooke, Thrall, Leonard, Bellomy, Stagner Consider Approval of Bid #2043 - Fiberglass Crossarms  Voting No: None    Boardmember Bellomy moved and Boardmember Brooke seconded to approve and award Bid #2043-F Fiberglass Crossarms to Stuart Irby in the amount of $20,095.50.  Voting Yes: Brooke, Thrall, Leonard, Bellomy, Stagner  Voting No: None  Consider Approval of Bid #2044 - Miscellaneous Line Hardware Boardmember Leonard moved and Boardmember Bellomy seconded to approve and award Bid #2044 - Miscellaneous Line Hardware to Techline in the amount of  $33,286.05.  Voting Yes: Brooke, Thrall, Leonard, Bellomy, Stagner  Voting No: None System Operating Report  Superintendent Hourieh reported that in preparation for Arby's new service, the line crew installed two 45ft. class II steel poles, where one pole will be the riser pole that will power 225kva padmount transformer, replaced a 40 ft. class II wooden pole at Rd. MM and 11. The crew also installed a 30kva 277/480v new service that will power an Superintendent Hourieh reported that at about 9:45 p.m. May 1, 2024 the system was impacted by high wind. The high wind caused a 69kv crossarm on SECPA's line to fail and the 69kv conductor to fall onto LUB's west end 25kv line. This line fault caused the breaker to trip open, shutting off power to Kornman, Wiley and McClave area customers. The line crew and SECPA's crew worked together to clear the fault. Power Superintendent Hourieh reported that with Kone Crane on site, LUB's crew completed the annual cranes inspection throughout their facilities including the 5 wind turbines. A Superintendent Hourieh announced that the 2024 LUB/ARPA scholarship process has been completed. This year we received a total of 5 applications for the combined $1,400.00 scholarship. 2 applications from Lamar High School and 3 from McClave High School. The selection committee was given the applications without any identifying information on them. This anonymous process has allowed the students to be judged solely on their academic achievements and community support. This year's  irrigation sprinkler at Rd. MM and 9.  was restored at about 10:10 p.m.  detailed crane inspection report will be provided by Kone Crane.  winners are:  Lamar High School - Carisma Gass McClave High School - Kenna McElroy  Adjournment  There being no further business to come before the Board, Boardmember Leonard moved and, Boardmember Bellomy seconded that the meeting adjourn. Voting Yes! Brooke, Thrall, Leonard, Bellomy, Stagner  Voting No: None  The meeting adjourned at 12:15 p.m.    Linda Williams - City Clerk  Doug Thrall - Chairman    MEETING MINUTES  CITYOF LAMAREL  ADJUSTMENTS AND APPEALS  Location: Date: Time: Attendees: Absent:  Cultural Event Center City Complex  May 9, 2024 6:00 pm  Richard Maggart, Palle Day-Jensen, Todd Horning, Stephanie Strube Doug Eastin, Rinda Emick, Anne-Marie Crampton  MEETING MINUTES  I. MEETING CALLED TO ORDER  Time:  6:02 pm  II. APPROVAL OF MINUTES FROM NOVEMBER 29, 2023  Motion: Richard 2nd by: Todd Alli in favor: Yes  III. NEW BUSINESS-AA-2024-01  David and Roberta Reyes are asking for a variance fora a 0' lot line to builda covered patio (20'x35) two feet from their fence to align with their driveway.  Motion to approve with code compliance and locates.  Motion: Todd 2nd by:, Richard Alli in favor. Yes  IV. CONCLUSION Adjourn: 6:15 pm Motion: Richard 2ndb by: Todd  Suiaiin Boube Stephanie Strube  Richard Maggart    Public Safety Board Minutes  April 18, 2024  Meeting called to order at 5:30pm in the Library Conference Room with the following present: Gerry Jenkins, Mike Duffy, Terry Martin, Robert Evans, Kyle Appointed Don Williamson as Chairman and Mike Duffy as Secretary, with Gerry Jenkins as Council Liaison. Rob Evans, City Administrator and Kyle Miller, as Police Chief along with Jeremy Brookhart, Fire Chief as advisors to the  Miller, Don Williamson.  Board.  Discussion on developing a set of bylaws for the board.  Meetings were set for the 3rd Thursday of each month, 5:30pm in the Library  Conference room. Meeting adjourned at 6:00pm.  April 122,2024  Meeting called to order at 4:10pm in the Library Conference Room with the following present: Gerry Jenkins, Terry Martin, Don Williamson, and Mike Duffy. Discussion on a simplified set of By Laws consisting of a Mission statement,  Membership, and Meetings. Meeting adjourned at 6:00pm.  May 08, 2024  Meeting called to order at 4:17pm in the Library Conference Room with the following present: Gerry Jenkins, Terry Martin, Don' Williamson and Mike Continued discussion of proposed by laws to be typed up and submitted to Lance Clark, City Attorney, for his approval. Discussion of the Tip Line and to Adjourned at 5:21pm. Next meeting May 16 after the Police Chief Meet and  Duffy.  whose jurisdiction that may fall under.  Greet.    MEMORANDUM  DATE: 5/03/2024  TO: WATER BOARD MEMBERS  PLEASE BE ADVISED THE NEXT WATER ADVISORY BOARD MEETING  WILL BE  May 9th, 2024 BEGINNING AT 5:00 p.m. At the Public Works Building  IF YOUARE NOT ABLE TO ATTEND, PLEASE CONTACT  PUBLIC WORKS DEPT. OR PATMASON.  Tentative agenda:  Approval of Minutes of March meeting Minutes  Water/Wastewater Report Director's Report Miscellaneous:  CITYOF LAMARE COLORAD    CityofLamar Water Board. Advisory 4/11/2024  Present - Dan Neuhold, Brad Young, Roy Cue, Manuel Tamez, Patrick Mason,  Robbie Batdorf, Tresa Holbert Meeting was called to order at 5:13 p.m. Brad Young. March 2024 Minutes Passed.  Dan Neuhold entertained a motion to approve the March 2024 minutes. Moved by Rou Cue, 2nd by  Water/Wastewater Superintendent Robbie Batdorfre referenced February 2024 water well levels and compared them to March 2024 well water levels. The comparison showed a, less than 1-foot, slight decline in feet of water over the month, in most of the wells. Next a comparison was reviewed by Robbie, with a chart showing March 2023 VS. March 2024 Well Water Levels. Growth was shown in the difference between the two years for the month of March on all wells except Wells 24, 25, and 26. Robbie completed. his update by sharing the water storage account balance of 3676.76. Acre  Feet of water.  The Water board discussed the Arkansas Valley Conduit Trunk Line progress and its approach to Lamar. Snow Pack levels were reviewed at 117 (The most in Colorado as of 4/8/2024). Compliance Specialist Tresa Holbert shared information on the 2024 rate increase impact for the 1st Quarter. The 2024 Water Sales data presented an increase in revenue, even with less water consumption in the months of January, February, and March. Roy Cue inquired as to whether rate increases caused less water consumption. Tresa responded, sharing there have been few customer, inquiries following the rate increase and that water consumption should show significant  increases during the 2nd Quarter.  Public Works Director Patrick Mason reported that the $1.8 million dollar government grant has been approved for City of Lamar Wastewater. Funds will be applied toward permits, and environmental clearances for the Wastewater Treatment plant Master. Plan execution. Next, the Donated Archery range was discussed; it was. noted that the donation creates possible problems related to the Archery's pond water shares, evaporation, and expenses. Colorado Parks and Wildlife may partner to help with a grant; the idea of filling the ponds and costs of hauling Lastly, the Lamar Canal Change Case Trial date was announced by Patrick to be. January 2026. Completing the meeting, Dan Neuhold entertained a motion to adjourn. Roy Cue motioned 2nd  dirt was also discussed.  by Brad Young. Meeting adjourned at 5:56pm  Respectfully. submitted,  Mykinthia Ebron Water/Wastewater Utility Clerk  LAMAREE    City of Lamar Well Field  Feb 2024  VS  Mar 2024  Feet of Water in Well  WELL 1 3 4 5 6 8 9 10 11 12 13 14 16 17 18 19 20 22 24 25 26 27 28 47  Feb 13.69 29.53 13.33 11.82 15.13 17.33 23.25 27.75 25.33 29.63 43.05 39.03 45.32 37.63 29.13 26.37 26.07 25.40 12.91 19.20 13.02 14.65 17.83 7.65  Mar 13.61 29.26 13.06 11.67 14.97 17.07 22.76 27.25 24.76 28.94 42.40 38.52 45.08 36.91 28.98 26.34 26.25 25.32 12.72 19.35 13.09 14.41 17.78 6.74  Difference -0.08 -0.27 -0.27 -0.15 -0.16 -0.26 -0.49 -0.50 -0.57 -0.69 -0.65 -0.51 -0.24 -0.72 -0.15 -0.03 0.18 -0.08 -0.19 0.15 0.07 -0.24 -0.05 -0.91    City of Lamar Well Field  Mar 2023  VS  Mar 2024  Feet of Water in Well  WELL 1 3 4 5 6 8 9 10 11 12 13 14 16 17 18 19 20 22 24 25 26 27 28 47  2023 11.24 26.22 8.12 6.23 9.25 13.16 15.98 21.14 17.05 22.22 35.97 32.44 40.98 33.48 26.07 24.42 24.83 24.26 13.14 19.76 14.19 12.66 15.36 3.92  2024 13.61 29.26 13.06 11.67 14.97 17.07 22.76 27.25 24.76 28.94 42.40 38.52 45.08 36.91 28.98 26.34 26.25 25.32 12.72 19.35 13.09 14.41 17.78 6.74  Difference 2.37 3.04 4.94 5.44 5.72 3.91 6.78 6.11 7.71 6.72 6.43 6.08 4.10 3.43 2.91 1.92 1.42 1.06 -0.42 -0.41 -1.10 1.75 2.42 2.82    ol 2  o 55 o 0  A  00 00 0    LA  88  8  =    5    Agendal ItemNo. 1 Council Date: 06/10/2024  LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY  ITEMTITLE: CITYTREASURERI REPORT  INITIATOR: Kristin Schwartz. City Treasurer CITY. ADMINISTRATORS REVIEW:  RCE  ACTION PROPOSED: Discussion. ifnecessary  STAFF INFORMATION SOURCE: Kristin Schwartz. City Treasurer  BACKGROUND: ITEMS TO BE DISCUSSED: 1. Grants Update 2. Misc.  RECOMMENDATION: None necessary    Agenda Item No. Council Date:  2 6/10/2024  CITY CLERK'S REPORT  TO: FROM: DATE:  Mayor & City Council Members Linda Williams, City Clerk June 10, 2024  RCE  Please find listed below items to be covered in the City Clerk's report.  1. Sales and Use Tax Report 2. Miscellaneous  Thank you and please do not hesitate to contact me should you have any questions or comments regarding this  information. Thank you.    REVENUE REPORT - MAY 2024  MONTHLY  APRIL SALES & USE TAX COLLECTED IN MAY 2024  DIFFERENCE FROM 20231 TO2024 $48,298.56 $11,408.30 $3,957.91 $63,664.77  %OF DIFFERENCE 13.22% 30.50% 269.02% 15.74%  2024 $413,777.28 $48,815.93 $5,429.12 $468,022.33 $11,595.82  2023 $365,478.72 $37,407.63 $1,471.21 $404,357.56 $11,756.43  CITY SALES TAX COLLECTED (3%) USE TAX COLLECTED OTHER COLLECTIONS  (Penalties & Interest, Licenses, A/R's) TOTAL SALES/USE TAX COLLECTIONS VENDOR'S COMMISSION  YEAR TO DATE  SALES & USE TAX COLLECTED JANUARY - MAY 2024  DIFFERENCE FROM 2023 TO2024 $209,411.57 $1,267.49 $693.72 $208,837.80  %0F DIFFERENCE 10.70% -0.70% 3.37% 9.68%  2024 $2,165,664.81 $179,151.06 $21,303.86 $2,366,119.73 $61,415.20  2023 $1,956,253.24 $180,418.55 $20,610.14 $2,157,281.93 $62,558.57  CITY SALES TAX COLLECTED (3%) USE TAX COLLECTED OTHER COLLECTIONS  (Penalties & Interest, Licenses, A/R's) TOTAL SALES/USE TAX COLLECTIONS VENDOR'S COMMISSION  NOTE: Vendor's commissions arei included fori information only. Vendors commissions are not collected, therefore; they are not considered revenue.  Vendor's commissions are 3.33% ofs sales tax collected and are deducted by the taxpayer from returns that are filed timely.      SALES/USE TAX REVENUE COMPARISON BY CATEGORY SALES & USE TAX COLLECTED IN MAY 2024  2022 $15,523.00 $26,553.73 $116,250.53 $21,354.74 $19,077.95 $5,622.88 $24,784.07 $15,796.75 $10,340.00 $208.22 $68,187.93 $39,553.61  2023 $18,125.14 $17,438.88 $121,235.52 $16,614.20 $21,531.66 $5,187.26 $25,458.36 $11,491.46 $11,737.00 $124.86 $78,930.11 $41,689.66  2024 $19,571.07 $22,129.85 $151,564.67 $27,532.64 $26,899.06 $5,904.32 $24,335.72 $18,334.80 $8,740.00 $14.69 $53,610.27 $50,184.60  AUTO PARTSNEHICLE REPAIR BUILDING MATERIALS CLOTHING & SHOESDEPARIMENT STORES CONVENIENCE STORES/GAS STATIONS ALL BUSINESS ELECTRICITY FURNTUREAPPLANCESELECTRONICS GROCERY STORES HOTELS/MOTELS LIQUOR STORES/DRINKING ESTABLISHMENTS MANUFACTURING OTHER RETAIL/ALL OTHER RESTAURANTS  SALES/USE TAXI REVENUE COMPARISON BY CATEGORY  MAY2024  $165,000.00 $150,000.00 $135,000.00 $120,000.00 $105,000.00 $90,000.00 $75,000.00 $60,000.00 $45,000.00 $30,000.00 $15,000.00 $0.00  02022 12023 02024    SALES/USE TAX REVENUE COMPARISON BY CATEGORY SALES & USE TAX COLLECTED JANUARY THROUGH MAY2024  2022 $74,055.70 $94,974.28 $547,858.60 $98,527.01 $127,342.69 $32,095.54 $142,257.06 $63,499.40 $49,926.00 $4,743.06 $523,988.60 $188,407.93  2023 $88,142.05 $88,627.98 $596,325.51 $86,025.65 $118,537.84 $45,828.34 $130,959.85 $53,118.48 $53,771.00 $5,849.72 $531,766.74 $20,535.56  2024 $94,876.92 $91,820.16 $801,097.31 $134,774.69 $189,134.11 $41,699.76 $135,504.57 $71,400.47 $48,782.00 $10,468.22 $351,194.17 $231,829.20  AUTO PARTSNEHICLE REPAIR BUILDING MATERIALS CLOTHING & SHOESDEPARTMENT STORES CONVENIENCE STORES/GAS STATIONS ALL BUSINESSI ELECTRICITY FURNITURE/APPLIANCESIELELECTRONICS GROCERY STORES HOTELS/MOTELS LIQUOR STORES/DRINKING ESTABLISHMENIS MANUFACTURING OTHER RETAIL/ALL OTHER RESTAURANTS  SALES/USE TAX REVENUE COMPARISON BY CATEGORY  JANUARY THROUGH MAY2024  $850,500.00 $800,500.00 $750,500.00 $700,500.00 $650,500.00 $600,500.00 $550,500.00 $500,500.00 $450,500.00 $400,500.00 $350,500.00 $300,500.00 $250,500.00 $200,500.00 $150,500.00 $100,500.00 $50,500.00 $500.00  02022 02023 02024    Agenda Item No. Council Date:  3 6/10/2024  CITY ADMINISTRATOR'S REPORT  TO: FROM: DATE:  Mayor & City Council Members Rob Evans, City Administrator June 10, 2024  AF  1. CML Conference - June 18-21 in Loveland  2. ChiefofPolice Results  3. Coffee with Rob: No Coffee w/Rob June 19 - Gone to CML Conference  June 26 @ 7am - Daylight Donuts  4. Southeastern Developmental Services - Open House  June 20, 2024 llam-6pm Staffmeet & great + Potato Bar Meet the new Executive Director Mark Henson  5. Projects Update 6. Miscellaneous    0  Development Servioes  Meet the caff avd  evjoyapotato bar!    Thririny Teytur  Please welcome our new Executive Director Mark Henson! Mark has an Applied Behavior Analysis Certificate from the University of Colorado Denver and aB Bachelor of Arts from Adams State College. He has previously worked with our individuals via Steel City Behavioral Health and is aware of their unique needs.  Mark started with us on April 23, 2024 and within his first month here has brought very positive changes. He has expanded Day Program hours and in doing sO has positivelyimpacted both residential staff and individuals. The residential staff and the environment have improved under this direction. Our  Supported Living Services department has been able to expand its services to facilitate this transition by ensuring respite is available to accommodate the adjusted hours. Our Supported Employment Program now has access to the administration building to clean prior to Day Program starting and the individuals are now able to participate in Day Program if the wish due to the schedule  change.  Please join us on June 20th, 2024 1lam-6pm for our annual Open House to meet Mark and the team. We are offering a delicious potato bar that day. We  look forward to seeing you all!    Agenda Item No. 1 Council Date: 6/10/2024  LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY  Ordinance No. 1272-"An Ordinance oft the City of] Lamar, Colorado Repealing and  ITEMTITLE: Transportation Units. Chapter 6. Article IV"  INITIATOR: Stephanie Strube ACTION PROPOSED:  CITY ADMINISTRATORS REVIEW:  E  Approve Ordinance on second reading  STAFF INFORMATION SOURCE:  Stephanie Strube. Building Official  BACKGROUND:  The CityofLamar Planning and Zoning Commission met on May 7,2024 to consider the finalization of adopting After the Planning and Zoning meeting, a motion was made and passed to approve the request; therefore, the Planning and Zoning Commission is recommending that the connex box ordinance be approved by the City  the ordinance for the connex boxes. There was no objection to the request.  Council.  RECOMMENDATION: All things preliminary to the Ordinance having been properly and timely completed, staffrecommends that City Council approve the Ordinance on the second reading or such other action as Council  may direct.    102E. Parmenter Lamar, CO81052 Phone No.: 719-336-2085 FAXN No.: 719-336-2787 wwwcllomarcous  CITY OF  LAMAR COLORADO- BUILDING DEPARTMENT  May7 7,2024 Lamar City Council Attn: Kirk Crespin, Mayor 102 E. Parmenter Lamar, Colorado 81052 RE: Connex Box Ordinance Dear City Councilmembers:  The City of Lamar Planning and Zoning met on May 7, 20241 to consider the finalization of adopting the After the Planning and Zoning meeting, a motion was made and passed to approve the request; therefore, the Planning and Zoning Commission is recommending that the connex box ordinance be  ordinance for the connex boxes. There were no objections to the request.  approved byt the City Council.  Sincerely, Tim GAt Courkamp Chair Person Planning & Zoning Commission    ORDINANCE NO.  ANORDINANCE OF THE CITY OF LAMAR, COLORADO REPEALING AND REPLACING WHEREAS: The use of shipping containers, commonly referred to as a Conex box, is an efficient and WHEREAS: The use of Conex boxes has become a more common way to securely store items outside of WHEREAS: The regulation and placement ofC Conex boxes is necessary to ensure the: minimal amount of WHEREAS: To provide for the health, safety and well-being of its citizens, and to ensure the structural integrity of shipping containers used as storage facilities, including declaring certain acts or structures to be a nuisance. It necessary to regulate such a use for shipping containers and require such units to comply WHEREAS: The city holds the aesthetics within its geographical boundaries as an asset in trust for its citizens. As such, iti is necessary to exclude shippingo containers, for aesthetic purposes, in certain city zoned NOW, THEREFORE, BEI IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAMAR, Parti 1: Thel Lamar Municipal Code, CHAPTER 6, Article IV, from Sec. 6-311 to Sec. 6-325 is hereby  TRANSPORTATION UNITS, CHAPTER 6, ARTICLEIV useful way to add additional storage to aj property; and  aresidence; and  impact on surrounding property owners; and  with all applicable building regulations; and  districts as stated herein. COLORADO. ASI FOLLOWS:  repealed ini its entirety, and replaced to read as follows: Chapter 6, Article IV-SHIPPING CONTAINERS  Sec. 6-311 Detinitions: The following definition, when used in this article, whether or not  capitalized, shall have the meanings ascribed to them in this subsection, except where Shipping container: A detachable prefabricated reusable container intended for transporting cargo and commonly called cargo containers, storage containers, transport containers, marine cargo containers, and Conex boxes. They are: self-contained without axles or wheels. Semi-truck trailers, sheds, and storage sheds shall not be considered a  the context clearly indicates a different meaning:  shipping container.  Sec. 6-312 Maximum allowed size of shipping container  Itis unlawful for a shipping container to be placed, located or remain within the boundaries of the city to be used as a storage facility of a size in excess of eight (8) feet by twenty (20) feet or the maximum of 160 square feet of storage, and shall not be stacked vertically above the height of a single shipping container.  Sec. 6-313 Zoning requirements  1    (1) Shipping containers shall only be allowed in the following zones or districts, as shown on1 the official zoning map oft the City ofLamar and designated as: A-L, E- (2) It is unlawful to place a shipping container in the following zones or districts, as shown on the official zoning map of the City of Lamar and designated as: M-H,  AOERPAMIIRCNCNA and C-3.  P-U-D, F-Pa and R-1.  Sec. 6-314 Other structural and Installation requirements  (1) Any person desiring to install a shipping container as a storage facility may obtain aj permit application from the Lamar Building Department. The applicant must complete and return the application to the building department for review, inspection and consideration of approval. The Building Inspector may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the public health, safety and welfare, to ensure the structural integrity oft the shipping containers unit used as a storage facility, and to minimize the disruption and inconvenience to the public. A permit must be approved by the building department prior to the installation of the shipping (2)Iti is unlawful for a shipping container to be placed, located or remain within the  container.  bounds oft the city that are:  a. used for any other purpose other than a storage facility;  b. placed, located or remain without receiving a prior approved permit from  the building department;  kept in disrepair, structurally unsound or unsightly;  d. not painted to match the main color or trim color of the main building on e. placed, located or remains anywhere else on thej property except int the back . placed, located or remain in any zones or districts not approved for a  thej property; yard ofa a residence; shipping container;   inv violation of any other municipal code or ordinance; . stacked vertically on top of each other; placed, located or remains on a vacant lot;  h. inviolation oft the setback required by the zoning applicable tot the property;  k. utilized for temporary storage for more than ninety (90) days when a building or residence is being built within the city limits; or 1. utilized as an unpermitted temporary or permanent dwelling or living quarters, camping, cooking or recreation purposes for any amount of time  in any zones or districts.  2    (3) The owner of property with a shipping container currently in place prior to the passage of this ordinance and in noncompliance with this section shall have one hundred eighty (180) days from the effective date of this ordinance to bring the (4) Semi-truck trailers are not shipping containers and shall not be used as storage (5) Any shipping container that is in violation of this section, will be subject to prosecution for violation ofthis chapter ands shalll be considered ai nuisance and shall be subject to all remedies available to the city, including removal and abatement. (6) Noj person shall have any entitlement or vested right as ai result ofany permit issued.  property into compliance. containers in any zones or districts.  Such permit provides ai revocable privilege.  Part 2: The Lamar Municipal Code, CHAPTER 30, Article II, Division 11, Sec. 30-404 is Part 3: The Lamar Municipal Code, CHAPTER 30, Article II, Division 12, Sec. 30-435 is Part 4: The Lamar Municipal Code, CHAPTER 30, Article II, Division 13, Sec. 30-467 is  hereby repealed in its entirety. hereby repealed in its entirety hereby repealed in its entirety.  CONFLICT  All Ordinances, Resolutions, Bylaws, and Regulations of the City of Lamar in conflict with the  provisions oft this Ordinance are hereby repealed.  SEVERABILITY  Ifany section, paragraph, clause, or provision of this Ordinance shall be held invalid, unenforceable or of no legal effect, by a court of competent jurisdiction, the invalidity of such section, paragraph, or clause shall not affect any other provision oft this Ordinance. This ordinance shall take effect thirty (30) days after publication as provided by law.  EFFECTIVE DATE  3    INTRODUCED, READ INI FULL, PASSED ON FIRSTI READING AND ORDERED PUBLISHED  this  day of May, 2024 in accordance with the City Charter.  MAYOR KIRK CRESPIN  ATTEST:  LINDA WILLIAMS, CITY CLERK  READ IN FULL, PASSED ON SECOND READING AND ADOPTED this  day of  MAY,2024.  MAYOR KIRK CRESPIN  ATTEST:  LINDA WILLIAMS, CITY CLERK    Agenda Item No. 1 Council Date: 6-10-2024  LAMAR CITY COUNCIL AGENDA ITEMCOMMENTARY  ITEMTITLE: Schedule a Public Hearing fora a Special Event Permit for the Sand & Sage  Round-Up  INITIATOR: Linda Williams  CITY ADMINISTRATORS. REVIEW:  AE  ACTION PROPOSED: Schedule a Public Hearing for the Sand & Sage Round-Up to Host a Beer  Garden during Sand & Sage Round-Up Fair STAFF INFORMATION SOURCE: City Clerk  BACKGROUND:  The Sand & Sage Round-Up has submitted an application for a Special Events Permit to host a beer garden during the Sand & Sage Round-Up Fair on August 8, 2024, 5:00 p.m. and 12:00 a.m., August 44-5-107 The local licensing authority shall cause a hearing to be held if, after investigation and upon review of the contents of any protest filed by affected person, sufficient grounds appear to exist for denial of a permit. Any hearing held at the discretion of the local licensing authority shall be held at least ten days aftert the initial posting oft the notice, and notice thereof shall be provided to the applicant and any person who has filed a protest. Public notice shall be given by the posting of a sign in a conspicuous place on the premises for which application has been made and by publication in a  9,2024 5:00 p.m. and 12:00 a.m., and August 10, 2024 5:00 p.m. to 12:00 a.m.  newspaper of general circulation in the county in which the premises are located.  RECOMMENDATION:  Set a public hearing date for the Sand & Sage Round-Up Special Event Permit application on June 24, 2024 at 7:00 p.m. and direct that City staff post the proposed location at 2206 Saddle Club Drive,  Lamar, Colorado and publish proper notice ini the local paper as required by law.    Agenda Item No. 2 Council Date 6-10-2024  LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY  ITEMTITLE: Schedule a Public Hearing for a' Temporary Modification of Premise  Application for Buzzard's Roost INITIATOR: City Clerk Premise to hold all day Concert  CITY ADMINISTRATORS REVIEW: AC  ACTION PROPOSED: Schedule a Public Hearing for Buzzard's Roost Temporary Modification of  STAFF INFORMATION SOURCE: City Clerk  BACKGROUND:  Mr. Jay Gruber, DBA as the Buzzard's Roost, has applied for a temporary modification of premise application for September 14, 2024 7:00 a.m. to September 15, 2024 3:00 a.m. The purpose of the modification is to host a musical festival. The City of Lamar Liquor Licensing Authority must approve or deny the requested temporary modification of premise as well as grant permission in writing to the Buzzard's Roost to hold the musical festival on City owned 44-3-311 states that upon receipt of an application, except an application for renewal or for transfer of ownership, the local licensing authority shall schedule a public hearing upon the application not less than thirty days from the date of the application and shall post and publish the public notice thereof not less than ten days prior to such hearing. Public notice shall be given by the posting of a sign in a conspicuous place on the premises for which application has been made and by publication in a newspaper of general circulation in the county in which the  property.  premises are located. RECOMMENDATION:  Set a public hearing date for a temporary modification of premise application for the Buzzard's Roost on July 8, 2024, direct City staff to post the proposed location at 101 N. Main Street Lamar, Colorado and publish proper notice in the local paper as required by law.    Agenda Item No. Council Date: June 10.2024  3  LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY  ITEM' TITLE: CDOT Aeronautics Grant agreement 24-LAA-01 Reconstruct Taxiway A PhaseI&II  R(R  INITIATOR: Patrick Mason  CITY ADMINISTRATORS REVIEW:  ACTION PROPOSED: Approve Resolution to Accept CDOT CDAG Grant agreement 24-LAA-01 STAFF INFORMATION SOURCE: Rob Evans City Administrator/ Patrick Mason Public Works Director,  Kristin Schwartz City Treasurer BACKGROUND:  Recently the City of Lamar Staff was notified that CDOT Aeronautics had approved a Colorado Discretionary Aviation Grant (CDAG) in the amount of$113,832 for the reconstruction ofaj portion of Taxiway A The CDAG Grant will cover 5% of the Taxiway A Reconstruction Project, Phase I and II. The City of Lamar will be responsible for the remaining 5% for the Federally funded $ 2,049,000 project. The project total is projected to be $ 2,276,667 The project is comprised of (BIL) funds, Airport Entitlement funds, CDOT  Aeronautics Discretionary Funding and local in-kind Cash matching funds.  RECOMMENDATION: Motion to Accept the CDOT CDAG Grant Agreement Resolution # 24-LAA-01  and authorize the Mayors signature.    CDOT - Aeronautics Division Small Dollar Grant Award Grantee: City ofl Lamar CDAG#:24-LAA-0I  Colorado Division of Aeronautics Discretionary Aviation Grant Resolution  CDOT  RESOLUTION WHEREAS:  The General Assembly of the State of Colorado declared in Title 43 ofthe Colorado. Revised Statutes, Article 10, 1991i in CRS $43-10-101 (the Act)"... that there exists ai need toj promote the: safe operations and accessibility of general aviation in this state; that improvements to general aviation transportation facilities will promote diversified economic development across the state; and that accessibility to airport façilities for residents of this The Act created the Colorado Aeronautical Board ("thel Board")t to establish policy andj procedures for distribution ofmonies in the Aviation Fund ando created thel Division of Aeronautics ("thel Division")t to carry out the directives of the Board, including technical and planning assistance to airports and the administration of the state aviation system grant program. SEE CRS $43-10-103 and C.R.S. $43-10-105 and CRS $43-10-108.5 of the Act. Any eligible entity operating anl FAA-designated public-use airport in the state may file an: application for and be recipient ofag grant to be used solely fora aviation purposes. Thel Divisioni is authorized to assist such airports and request assistance by means of a Resolution passed by the applicant's duly-authorized governing body, which understands that all funds shall be used exclusively for aviation purposes and that it will comply with all grant procedures, grant assurances and requirements as defined in the Division's Programs and Procedures Manual, ("the Manual") and the Airport Sponsor Assurances for Colorado Discretionary. Aviation Grant Funding ("Grant Assurances"): attached! hereto as Exhibit) Bi fort thej project detailedi in thel Discretionary. Aviation Grant Application ("Application"): attached hereto as Exhibit A andi in conjunction with CDOT's! Small Dollar Grant Award Terms The City of Lamar, as a duly authorized governing body of the grant applicant, hereby formally requests assistance from the Colorado Aeronautical Board and the Division of Aeronautics in the form ofa state aviation system grant. The City ofLamar: states that such grant shalll be used solely for aviation purposes, as determined By signing this Grant Resolution, the applicant commits to keep open and accessible for public use all grant funded facilities, improvements ands services for their useful life, as determined by the Division and stated in the That the City of Lamar hereby designates Pat Mason as the Project Director, as described in thel Manual and authorizes the Project Director to act in all matters relating to the work project proposed in the Application, The City ofl Lamar has appropriated or will otherwise make available in a timely manner. all funds, ifany, that The City of Lamar hereby accepts all guidelines, procedures, standards, and requirements described in the Manual as applicable to thej performance oft the grant work andl hereby approves this Grant Resloution, including  statei is crucial in the event ofa medical or other type ofe emergency....  and Conditions attached hereto as Exhibit C. NOW, THEREFORE, BEI ITI RESOLVED1 THAT:  byt the State, anda as generally described ini the Application.  Grant Assurances. FURTHER BE. IT RESOLVED: including execution ofa any amendments.  FURTHER: FINALLY:  are required to be provided by the applicant as shown ont the Application.  all terms and conditions contained therein.  By: Print Name and Title: ATTEST (ifneeded) By: Print Name and Title:  Date:  Page 1of1  Aero SGA Version 06/2022    CDOT- Aeronautics Division Small Dollar Grant Award Grantee: City ofLamar CDAG#:24-LAA-OL  EXHIBIT A  Colorado Division ofAeronautics Discretionary Aviation Grant Application  DOT  APPLICANT INFORMATION  APPLICANT SPONSOR: City ofl Lamar PROJECT DIRECTOR: Pat Mason MAILING ADDRESS: 102 East Parmenter Lamar, CO 81052  AIRPORT: Airport EMAIL ADDRESS: NUMBER:  IDENTIFIER: LAA  Southeast Colorado Regional  patmasonedlamarcous  PHONE (719)336-2002  GRANT NAME. AND TERMS Execution Date: FUNDING SUMMARY  TERMS  24-LAA-01  Expiration Date: June 30, 2027  Funding Source State. Aviation Grant: Local Cash: Local In-Kind: Federal Aviation Grant: Total Project Funding:  Funding Amount $113,832.00 $113,835.00 $0.00 $2,049,000.00 $2,276,667.00  PROJECT SCHEDULE & BUDGET  ELEMENT DESCRIPTION A.P Participate in Federally Funded Taxiway Alpha Reconstruction (Phase II) B.Participate in Federally Funded 2 Taxiway Alpha Reconstruction (Phase 1I) BIL TOTALS  STATE FUNDING  LOCAL FUNDING  FEDERAL FUNDING  TOTAL  Upto  $88,888.00 5.00% $88,890.00 5.00% $1,600,000.00 90.00% $1,777,778.00  $24,944.00 Upto $24,945.00 5.00% $449,000.00 90.00%  $498,889.00 $2,276,667.00  5.00%  $113,832.00  $113,835.00  $2,049,000.00  Page 1of1  Aero SGA Version 06/2022    CDOT- Aeronautics Division Small Dollar Grant Award Grantee: City ofLamar CDAG#:24-LAA-0I  EXHIBIT B, GRANT. ASSURANCES Airport Sponsor. Assurances for Colorado Discretionary Aviation Grant Funding Approved by CAB. January 22, 2018  APPLICABILITY  These assurances shall be complied with by Airport Sponsors in the performance of all projects at airports that receive Colorado Department of Transportation Division of Aeronautics (Division) Colorado Discretionary. Aviation Grant (CDAG) funding for projects including but not limited to: master planning, land acquisition, equipment acquisition or capital improvement projects (Project). Itis not the intent of these Assurances to expand existing Federal Aviation Administration (FAA) Grant Assurances for airports included in the National Plan ofI Integrated. Airport Systems (NPIAS); as similar assurances . Upon acceptance oft this grant agreement these assurances arei incorporatedi in and! become a part thereof. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life oft the Project as defined in Table 1 (Useful! Life), or ift the airport for which the Project is funded ceases to function as aj public airport, for twenty (20), years from the date ofl Project completion, whichever period is greater. However, there shall be no limit on the duration of the Should an Airport Sponsor be notified to bei in non-compliance with any terms of this agreement, they may become ineligible for future Division funding until such non-compliance is cured. b. Ifany Project is not used for aviation purposes during its Useful Life, or if the airport for which the Project is funded ceases to function as a public airport, for twenty (20) years from the date of Project completion or at anyt time during the estimated usefull life ofthe Project as definedi in' Table 1, whichever period is greater, the Airport Sponsor may be liable for repayment to the Division of any or all funds contributed by the Division under this agreement. If the airport at which the Project is constructed is abandoned for any reason, the Division may in its discretion discharge the Airport Sponsor from any  already exist for acceptance of FAA funding.  II. DURATION  assurances with respect to realj property acquired with CDAG Project funds.  III. COMPLIANCE  repayment obligation upon written request byt the. Airport Sponsor.  IV. AIRPORT SPONSOR GRANT ASSURANCES  . € Compatible Land Use. Compatible land use and planning in and around airports benefits the state aviation system by providing opportunities for safe airport development, preservation of airport and aircraft operations, protection of airport approaches, reduced potential forl litigation and compliance with appropriate airport design standards. The airport willt take appropriate action, tot the extent reasonable, to restrict the use ofland adjacent to, in thei immediate vicinity of, or on the airport to activities andj purposes compatible with 2. On-Airport Hazard Removal and Mitigation. The airport will take appropriate action to protect aircraft operations to/from the airport and ensure paths are adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the 3. Safe, Efficient Use, and Preservation of Navigable. Airspace. The airport shall comply with 14 CFR Part 77: for all future airport development and anytime an existing airport development is altered. 4. Operation and Maintenance. In regards to Projects that receive Division funding, the airport sponsor certifies that it has the financial or other resources that may be necessary for the preventive maintenance, maintenance, repair and operation ofs such projects during their Usefull Life.  normal airport operations, including landing andt takeoffo ofa aircraft.  establishment or creation of future airport hazards.  Page 1of2  Aero SGA Version 06/2022    CDOT- Aeronautics Division Small Dollar Grant Award Grantee: City ofLamar CDAG#:24-LAA-OI  The airport anda all facilities which arel necessary tos serve the aeronautical users ofthea airport shall bec operated at all times in a safe ands serviceable condition. The airport will also have in effect arrangements for: b. Promptly marking and lighting hazards resulting from airport conditions, including temporary Promptly notifying airmen of any condition affecting aeronautical use oft the airport.  Operating the airport's aeronautical façilities whenever required;  conditions; and  5. Airport Revenues. All revenues generated by the airport will be expended byi it for the capital or operating costs of the airport, the Iocal airport system, or other local facilities owned or operated by the owner or Airport Layout Plan (ALP). Once accomplished and as otherwise may be required to develop, it willl keep up-to-date a minimum of an ALP of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all 7. Use for Aviation Purposes. The Airport Sponsor shall not use runways, taxiways, aprons, seeded areas or any other appurtenance or façility constructed, repaired, renovated or maintained under the terms of this Agreement for activities other than aviation purposes unless otherwise exempted! by the Division.  operator of the airport for aviation purposes.  existing improvements thereon.  TABLE1  ProjectType  UsefulLife 20 years 10years 10years 3 years 7years 10y years 15; years 40y years Unlimited  a. Allo construction projects (unless listed separately below)  b. Allequipment: and vehicles  Pavement rehabilitation (not reconstruction, whichi is 20 years) d. Asphalt seal coat, slurry seal, andj joint sealing Concrete joint replacement f. Airfield lighting and signage g. Navigational Aids h. Buildings i. Land  Page 2of2  Aero SGA Version 06/2022    EXHIBITC  STATE CONTROLLER  MODELSWALLDOILAR GRANT AWARDSAND CONTENT This is a State Controller Contract, Grant, and Purchase Order Policy under the State Fiscal Rules. All Small Dollar Grant Awards shall use one oft the approved models Small Dollar Grant Award or Grant Agreement forms described in Fiscal Rule 3-4 unless the State Agency or Institution of Higher Education (IHE) has obtained the prior written 1) Available Model Small Dollar Grant Awards. The following model Small Dollar Grant Awards may a. Financial System Generated Small Dollar Grant Awards. This model is the system-generated document resulting from a Colorado Operations Resource Engine (CORE) POGG1 encumbrance or through another approved state financial system, which also explicitly references a link to the State of Colorado Small Dollar Grant Award Terms and Conditions that are attached to this policy. This model does not include other documents with a similar or the same appearance as one of b. Other Approved Forms. A State Agency or IHE, at the discretion of the State. Agency's or IHE's Procurement Official or State Controller delegate, may request other approved forms from the . Backup Forms. IfCORE or the approved state financial system used by the State Agency or IHE is unavailable for an extended period of time when a Small Dollar Grant Award must be issued, the State Agency or IHE, with the prior approval of the OSC, may use a backup form with the same ors substantially similar appearance as one of the documents described in $1)a.  approval from the Office of the State Controller (OSC).  be used by State Agencies and IHEs without additional approval from the OSC:  these documents that is not generated within thet financial system  OSC.  2) Modifications ofModel Small Dollar Grant Awards. AState Agency or Institution of Higher Education issuing a Small Dollar Grant Award may not modify the State of Colorado Small Dollar Grant Award Terms and Conditions attached to this policy, including Addendum 1: Additional Terms & Conditions for Information Technology ("Addendum"), in any way without prior written approval of the OSC. a. Exception. The Office of Information Technology (OIT) may modify the provisions of Addendum fort the State of Colorado Small Dollar Grant Awards specifically issued by OIT with the prior written approval of the Procurement Official of OIT or authorized delegate, without obtaining additional b. Unauthorized Modifications. Except as described in $2)a., the failure of a State. Agency or IHE to obtain approval from the OSC prior to issuing a Small Dollar Grant Award with modified the State of Colorado Small Dollar Grant Award Terms and Conditions shall constitute a violation of  approval from OSC.  Fiscal Rule 3-4, SS 4.1.7. and 5.1.  3) Small Dollar Grant Award Exhibits and References. All Small Dollar Grant Awards shall either include or specifically reference the State of Colorado Small Dollar Grant Award Terms and Conditions by hyperlink or, if modified in accordance with $2), attach the modified State of Colorado Small Dollar Grant Award Terms and Conditions and shall clarify on the Small Dollar Grant Award that the attached modified State of Colorado Small Dollar Grant Award Terms and Conditions shall govern the Small Dollar Grant Award in lieu of the State of Colorado Small Dollar Grant Award Terms and Conditions referenced by hyperlink. Small Dollar Grant Awards shall also include any additional exhibits, based on the nature oft the work performed under the Small Dollar Grant Award, as required by any other state  Pagelof9  Effectivel Date: 7/1/2019    EXHIBITC  STATE CONTROLLER  and/or federal agency with authority overt that type ofwork or by any entity providing funding for the Small Dollar b. Additional provisions required to comply with the Office of Management and Budget Uniform Guidance, or the Federal Funding Accountability and Transparency Act, or any other applicable c.Any federally required attachments relating to confidential information, such as a Health Information Portability and Accountability. Act(HIPAA)! Business Associate. Addendum oral Federal  Grant Award, including, but not limited to, the following: a. Additional information technology provisions required by OIT.  federal terms and conditions. Tax Information Exhibit.  Robert Saros  RobertJaros, CPA, MBA,JD State  Controller  Page 2of9  Effective Date: 7/1/2019    EXHIBITC  STATE CONTROLLER  State of Colorado Small Dollar Grant Award Terms and Conditions 1. Offer/Acceptance. This Small Dollar Grant Award, together witht theset terms and conditions (including, ifapplicable, Addendum 1: Additional Terms and Conditions forl Information Technology below), and any other attachments, exhibits, specifications, ora appendices, whether attached or incorporated byr reference (collectively the" Agreement) shall represent thee entire ande exclusive agreement between the State of Colorado, bya and throught the agencyi identified ont the face oft the Small Dollar Grant/ Award ("State") andt the Subrecipient identified ont thet face oft the Small Dollar Grant Award ("Grantee"). Ift this Agreement refers to Grantee's bid or proposal, this Agreement is an ACCEPTANCE of Grantee's OFFER TO PERFORMI ina accordance with thet terms and conditions oft this Agreement. Ifal bid orp proposal is not referenced, this Agreement is an OFFER TO ENTERI INTO AGREEMENT, subject to Grantee's acceptance, demonstrated by Grantee's beginning performance or written acceptance oft this Agreement.. Any COUNTER-OFFER: automatically CANCELS this Agreement, unless a change orderi isi issued! byt the State accepting a counter- offer. Except as provided herein, the State shall not be responsible orl liable for any Work performed prior toi issuance oft this Agreement. The State's financial obligations tot the Grantee arel limited by the amount of Grant Funds awarded as reflected ont the face oft the Small Dollar Grant 2. Order of Precedence. Int the event of a conflict ori inconsistency within this Agreement, such conflict ori inconsistency shall be resolved by giving preference tot the documents in the following order of priority: (1) the Small dollar Grant Award document; (2) these terms and conditions (including, if applicable, Addendum 1 below); and (3) any attachments, exhibits, specifications, or appendices, whether attached or incorporated by reference. Notwithstanding the above, ift this Agreement has been funded, ins whole or in part, with a Federal Award, in the event of a conflict. between the Federal Grant andt this Agreement, the provisions oft the Federal Grant shall control. Grantee shall comply with all applicable Federal provisions at all times during the term oft this Agreement. Any terms and conditions included on Grantee's forms ori invoices noti included. in this 3. Changes. Once acceptedi in accordance with! $1, this Agreement shall not be modified, superseded ord otherwise altered, excepti in writing by 4. Definitions. Thef following terms shall be construed and interpreted as follows: (a) "Award" means an award! by a Recipient toa Subrecipient; (b)" "Budget" means the budget for the Work described in this Agreement; (c) Business Day" means any dayi in which the State is open and conducting business, but shall noti include Saturday, Sunday or any day on which the State observes one oft the holidays listed in CRS $24-11- 101(1); (d)" "UCC" means the Uniform Commercial Code in CRS Title 4; (e)" 'Effective Date" means the date on which this Agreement isi issued ass shown ont thef face oft the Small Dollar Grant Award; ()" Federal Award" means ana awardo off federali financial assistancet ora a cost-reimbursement contract,, by al Federal Awarding Agency tot the Recipient. Federal Award" also means an agreement setting forth the terms and conditions of the Federal Award, which terms and conditions shallf flowo down tot the Award unless sucht terms and conditions specifically indicate otherwise. The term does noti include payments to a contractor, or payments toa ani individual that is a beneficiary ofa al Federal program; (g)" Federal Awarding Agency" means a Federal agency providing a Federal Awardt to a Recipient; (h) Grant Funds" means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Agreement; (i)" Matching Funds" mean the funds provided byt the Grantee tor meet cost sharing requirements described int this Agreement; G) Recipient" means the State agency identified on the façe oft the Small Dollar Grant Award; (K)" Subcontractor" means third parties, ifany. engaged by Grantee to aidi inp performance oft the Work; () Subrecipient means a non-Federal entity that receives a sub-award from al Recipient to. carry out part of a program, but does not include an individual thati is a beneficiary of such program; (m)" Uniform Guidance" means the Office of Management: and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, identified as the 2 C.F.R. (Code of Federal Regulations)! 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: and (n) Work" means the goods delivered or services, or both, performed 5. Delivery. Grantee shall furnish the Worki ins strict accordance with the specifications and price set forth int this Agreement. The State shall 6. Rights to! Materials. [Not Applicable to Agreements issued either in whole inj part for Information Technology, as defined in CRSS 24-37.5-102(2); in which case Addendum 1 $2 applies in lieu of this section.] Unless specifically stated otherwise in this Agreement, all materials, including without limitation supplies, equipment, documents, content, information, or other material of any type, whether tangible or intangible (collectively Materials"), furnished by the State to Grantee or delivered by Grantee tot the State inp performance ofi its obligations under this Agreement shall bet the exclusive property the State. Grantee shall return or deliver all Materials tot the State upon completion. ort termination 7. Grantee Records. Grantee 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 ina any manner tot the Work (including, but not limited to the operation of programs) performed under this Agreement (collectively "Grantee Records"). Unless otherwise specified by the State, the Grantee shall retain Grantee Records fora period (the "Record Retention Period") of three years following the date of submission tot the State oft thet final expenditure report, orift this Awardi is renewed quarterly or annually, from the date oft the submission ofe each quarterly or annual report, respectively. Ifa anyl litigation, claim, ora audit relatedt tot this Award starts before expiration ofti the Record Retention Period, the Record Retention! Period shall extend until alll litigation, claims ora audit finding! have been resolved and final actiont taken! byt the State or Federal Awarding Agency. The Federal Awarding Agency, ac cognizant agencyf for audit, oversight, ori indirect costs, and the State, may notify Grantee in writing thatt the! Record Retention Period shall be extended. For records forr real property and equipment, the Record Retention Period's shall extend three years following final disposition of such property. Grantee shall permit the State, the federal government, and any other duly authorized agent ofa a governmental: agency 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 orp place ofb business, ora ato other mutually agreed upont times ork locations, upon not fewert than two Business Days' notice from the State, unless the State determines that ashorter period of notice, orr no notice, is necessary: top protect the interests of the State. The State, ini its discretion, may monitor Grantee's performance of its obligations under this Agreement using procedures as determined by the State. The federal government and any other duly authorized agent of a governmental. agency, ini its discretion, Grantee shall allow the State to perform all monitoring required by the Uniform Guidance, based on the State's risk analysis of Grantee and this Agreement, and the State shall have the right, in its discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement.. The State. will monitor Grantee's performance in a manner that does not unduly. interfere with Grantee's performance oft the Work. Grantee shall promptly submit tot the State a copy ofa anyf final audit report of ana audit performed  Award.  Agreement are void. the State and accepted by Grantee.  pursuant tot this Agreement andi identifieda as Line Items ont the face of the Small Dollar Grant Award. have nol liability to compensate Grantee fort the performance of any' Work not specifically setf forthi in the Agreement.  oft this Agreement.  Page3of9  Effective Date: 7/1/2019    EXHIBITC  STATE CONTROLLER  on Grantee Records thatr relatest too ora affects this Agreement ort the Work, whether the auditi is conducted! by Grantee, a State agency ort the State's authorized representative, ora a third party. If appliçable, the Grantee may be required to perform as single audit under 2 CFR: 200.501, ets seq. Grantee shall submita ac copy oft ther results oft that audit tot the State within the samet timelines ast the submission tot the federal government. 8. Reporting. IfG Grantee iss served witha ap pleading or other documenti in connection witha ana actiont 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 beings served, notify the State ofs such action and deliver copies ofs such pleading or document to the State. Grantee shall disclose, in at timely manner, in writing tot the State and the Federal Awarding Agency, all violations off federal or State criminal lawi involving fraud, bribery, or gratuity violations potentially affecting the Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance. allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or 9. Conflicts ofl Interest. Grantee acknowledges that with respect tot this Agreement, even the appearance. ofa a conflict ofi interesti is harmful to the State'si interests.. Absent the State's prior written approval, Grantee shall refrainf from any practices, activities, orr relationships that reasonably may appear tol bei in confict with the full performance of Grantee's obligations tot the State under this Agreement. Ifa conflict or appearance ofa conflict ofi interest exists, ori if Grantee is uncertain as tos such, Grantee shall submitt tot the State a disclosure statement setting forth the relevant details fort the State's consideration. Failuret top promptly submit a disclosure: statement or tof follow the State's direction inr regardt tot the actual or apparent conflict constitutes al breach oft this Agreement. Grantee certifies that tot their knowledge, no employee of the State has any personal or beneficial interest whatsoever int thes service or property describedi int this Agreement. Grantee has noi interest and shall not acquire anyi interest, direct ori indirect, that wouldo conflict ina any manner ord degree withi thep performance of Grantee's Services and Grantee shall not employ any person 10. Taxes. The State is exempt from federal excise taxes and from State and local sales and use taxes. The State shall not be liable for the payment of any excise, sales, of use taxes imposed on Grantee. At tax exemption certificate will be made available upon Grantee's request. Grantee shall bes solely responsible fora any exemptions from the collection ofe excise, sales or use taxes that Grantee may wisht tol have in placei in 11. Payment. Payments to Grantee arel limited tot the unpaid, obligated balance oft the Grant Funds. The! States shall not pay Grantee any amount under this Agreement that exceeds the Document Total shown ont the face oft the Small Dollar Grant Award. The States shall pay Grantee in the amounts and in accordance with thes schedule and other conditions! setf forthi int this Agreement. Grantee shall initiate payment requests byi invoice to the State, in a form and manner approved by the State. The State shall pay Grantee for all amounts due within 45 days after receipt of an Awarding Agency's approved invoicing request, ori ini instances of reimbursement grant programs a request for reimbursement, compliant with Generally Accepted Accounting Principles (GAAP) and, if applicable Government Accounting Standards Board (GASB) of amount requested. Amounts not paid by the State within 45 days oft the State's acceptance of the invoice shall beari interest on the unpaid balance beginning on the 45th day at the rate set forth in CRS $24-30-202/24) until paid in full. Interest shall not accrue ifa good faith dispute exists as to the State's obligation top pay all ora a portion of the amount due. Grantee shall invoice the State separately for interest on delinquent amounts due, referencing the delinquent payment, number of day's interest to be paid, and applicable interest rate. The acceptance of an invoice shall not constitute acceptance of any' Work performed under this Agreement. Except as specifically agreed int this Agreement, Grantee shall be solely responsible 12. Term. The parties' respective performances under this Agreement shall commence ont the Service From" date identified ont thet face oft the Small Dollar Grant Award, unless otherwise specified, and shall terminate on the' "Service To" date identified ont thef face oft the Small! Dollar Grant 13. Payment Disputes. If Grantee disputes any calculation, determination or amount of any payment, Grantee shall notify the State inv writing of its dispute within 30 days following the earlier to occur of Grantee's receipt oft the payment or notification oft the determination orc calculation oft 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 nott bes subjectt 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 14. Matching Funds. Grantee shall provide Matching Funds, ifrequired by this Agreement. Ifp permitted under thet terms oft the grant and per this Agreement, Grantee may be permitted top provideN Matching Funds priort to or during the course oft the project ort ther matchy will be ani in-kindr match. Grantee shall report tot 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 extend to funds duly and lawfully appropriated for the purposes oft 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" pursuant to this Agreement, 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 fiscaly years, and this Agreement is not intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimedi interest, late charges, fees, taxes or penalties of any nature, excepta as required by Grantee'sl laws orp policies. 15. Reimbursement of Grantee Costs. If applicable, the State shall reimburse Grantee's allowable costs, not exceeding the maximum total amount described int this Agreement for all allowable costs described int the grante except that Grantee may adjustt the amounts between each line item oft the Budget without formal modification tot this Agreement as long as the Grantee provides notice to, and received approval from the State oft the change, the change does not modify the total maximum amount oft this Agreement, and the change does not modify any requirements of the Work. If applicable, the State shall reimburse Grantee for the properly documented allowable costs related to the Work after review and approval thereof, subject to the provisions oft this Agreement, However, any costs incurred by Grantee prior tot the Effective Date shall not be reimbursed: absents specific allowance of pre-award costs. Grantee's costs for Work performed after the "Service To" date identified ont thet face of the Small Dollar Grant Award, or after any phase performance periode end date for a respective phase oft the Work, shall not be reimbursable. The States shall only reimburse allowable costs describedi int this Agreement ands shown in the Budget ift those costs are (a) reasonable and neçessary to accomplish the Work, and (b) equal to the actual net cost to Grantee (i.e. the price paid minus any items ofv value received by Grantee that 16. Close-Out. Grantee shall close out this Award within 45 days after the' "Service To" date identified ont the face of the Small Dollar Grant Award, including anyr modifications. Toc complete close-out, Grantee: shall submitt tot the State: all deliverables (including documentation). as defined  debarment.  having such known interests. connection with this Agreement.  fora allo costs, expenses, and other charges iti incurs inc connection with its performance under this Grantee.  Award unless sooner terminatedi ina accordance witht the terms oft this Agreement.  notp pay any interest on any amount during the periodi itiss subjectt to dispute under this subsection.  reduce the costs actually incurred).  Page 4of9  Effectivel Date: 7/1/2019    EXHIBITC  STATE CONTROLLER  int this Agreement: and Grantee'sf final reimbursement request ori invoice. In accordance with the Agreement, the State may withhold a percentage ofa allowable costs until allf final documentation has been submitted: and accepted by the State ass substantially complete. 17. Assignment. Grantee's rights and obligations undert this Agreement mayr not bet transferred or assigned without the prior, writteno consent of the State and execution ofar new agreement. Any attempt at assignment ort transfer withouts such consent and new agreement shall be void. Any assignment ort transfer of Grantee's rights and obligations approved byt the State shall bes subject tot the provisions oft this Agreement. 18. Subcontracts: Grantee shall not enter into anys subcontract in connection with its obligations under this Agreement without the prior, written approval of the State. Grantee shall submit tot the State a copy of each subcontract upon request by the State. All 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 19. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affectt 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 in 20. Survival of Certain Agreement Terms. Any provision oft this Agreement thati imposes and obligation ona a party after termination ore expiration ofthe/ Agreement: shall survive thet termination or expiration oft the Agreement: and shall be enforceable byt the other party. 21. Third Party Beneficiaries. Exceptf for the parties' respective: successors and assigns, this Agreement does not andi isr noti intended to confer any rights orr remedies upona any person ore entity other than the Parties. Enforcement oft this Agreement and allr rights and obligations hereunder are reserveds solelyt tot thep parties. Anys services orb benefits which third parties receive as a result oft this Agreement arei incidental tot the Agreement, 22. Waiver. Ap party'sf failure or delay ine exercisinga any right, power, orp privilege undert this Agreement, whethere explicit orb by! lack ofe enforcement, shall not operate as av waiver, nors shall any single or partiale exercise of any right, power, orp privilege preclude any other orf further exercise ofs such 23. Indemnification. [Not Applicable to Inter-governmental agreements Grantee shall indemnify, save, and hold harmless the State, its employees, agents and assignees (the Indemnified Parties"), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attoreys' fees and related costs)i incurred by any oft the Indemnified Partiesi inn relation toa any act or omission by Grantee, orit its employees, agents, Subcontractors, or assignees inc connection with thisA Agreement. This shalli include, without limitation, any anda all costs, expenses, claims, damages, liabilities, court awards and other amounts incurred byt the Indemnified Parties inr relation to any claim that any) work infringes a patent, copyright, trademark, trade secret, or any otheri intellectual property right or any claimf for loss ori improper disclosure of any confidential information or personally identifiable information. If Grantee is a public agency prohibited by applicable law from indemnifying any 24. Notice. All notices given undert this Agreement shall bei in writing, and shall be delivered tot the contacts for each party listed on thei face of the Small Dollar Grant Award. Either party may change its contact or contact information by notice submitted in accordance with this section 25. Insurance. Except as otherwise specifically statedi int this Agreement or any attachment or exhibit to this Agreement, Grantee shall obtain and maintain insurance as specified int this section at allt times duringt the term ofthe Agreement: (a) workers" compensation insurance as required by state statute, and employers' liability insurance covering ail Grantee employees acting within the course and scope oft their employment, (b) Commercial general liability insurance written on an Insurance Services Office occurrence form, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits asf follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations aggregate; and $50,000 any one fire, and (c)A Automobile liability insurance covering any auto (including owned, hired and non-owned: autos) with a minimum limit of$1,000,000 each accident combined singlel limit. IfGrantee will orr may have access toa any protected information, then Grantee shall also obtain and maintain insurance covering loss and disclosure of protected information and claims based on alleged violations of privacy right through improper use and disclosure of protected information with limits of$1,000,000 each occurrence and $1,000,000 general aggregate ata all times duringt the term oft the Small Dollar Grant Award. Additional insurance may ber requireda as provided elsewhere int this Agreement or any attachment or exhibitt tot this Agreement. Alli insurance policies required by this Agreement shall bei issued byi insurance companies with an A-VIll orb better. If Grantee is ap public agency within the meaning oft the Colorado Governmental Immunity Act, thent this section: shall not apply and 26. Termination Prior to Grantee Acceptance. If Grantee has not begun performance under this Agreement, the State may cancel this 27. Termination for Cause. If Grantee refuses ort fails to timely and properly perform any of its obligations under this Agreement with such diligence as will ensure its completion within the time specifiedi in this Agreement, the State may notify Grantee iny writing ofr non-performance and, ifnot corrected by Grantee withint the time specified int ther notice, terminate Grantee's rightt to proceedy witht the Agreement ors such part thereof as tov which there has been delay or at failure. Grantee shall continue performance oft this Agreement to the extent nott terminated. Grantee shall be liable for excess costs incurred by the Statei inp procurings similar Work and the State may withholds such amounts, ast the State deems necessary. Ifa after rejection, revocation, or other termination of Grantee's right to proceed under the Colorado Uniform Commercial Code (CUCC) or this clause, the State determines for any reason that Grantee was noti in default ort the delay was excusable, ther rights and obligations oft the State and 28. Termination in Public Interest. The Statei is enteringi into this Agreement for the purpose of carrying out the publici interest of the State, as determined byi its Governor, General Assembly, Courts, or Federal Awarding Agency. Ifthis Agreement ceases tof further the public interest oft the State as determined byi its Governor. General Assembly, Courts, or Federal Awarding Agency, the State, ini its sole discretion, may terminate this Agreementi inv whole ori inp parta and sucht termination: shall not be deemed to be a breach oft the State's obligations hereunder. This section shall not apply to at termination for cause, whichs shall be governed by $27. A determination that this Small Dollar Grant Award should be terminated int the public interest shall not be equivalent to a State rightt to terminate for convenience. The State shall give written notice oft termination to Grantee specifying the part of the Agreement terminated: andy when termination becomes effective. Upon receipt ofr notice oft termination, Grantee: shall not: incurf further obligations excepta asr necessary tor mitigate costs of performance. The State shall payt the Agreement price orr ratef forv Work performed  governed byt the laws oft the State of Colorado, and shall bes subjectt to all provisions oft this Agreement.  accordance with thei intent oft the Agreement.  and dor not create anyr rightsf fors sucht third parties.  right, power, or privilege.  party, then this section shall nota apply. without at formal modification to this Agreement.  AM Bestr rating of  Grantee shall instead comply with the Colorado Governmental Immunity Act. Agreement by providing writtenr notice to the Grantee.  Grantee shall be the same asi ifther notice. oft termination had been issuedp pursuant tot termination under $28.  Page 5of9  Effective Date: 7/1/2019    EXHIBIT C  STATE CONTROLLER  and accepted by Statep prior tot the effective date of the notice oft termination. The State's termination liability undert this section shall not exceed 29. Termination for Funds Availability. The State is prohibited by law.f from making commitments beyond the term oft the current State Fiscal Year. Payment to Grantee beyond. the current State Fiscal Yeari is contingent on the appropriation and continuing availability of Grant Funds in any subsequent year (as provided int the Colorado Special Provisions). If federal funds or funds from any other non-State funds constitute all or. some oft the Grant Funds, the State's obligation to pay Grantee shall be contingent upon such non-State funding continuing to be made available forp payment. Payments to ber made pursuant tot this Agreement shall be made only from Grant Funds, andt the State'sl liability for such payments shall bel limitedt tot the: amountremaining ofs such Grant Funds. IfState,f federal ord otherf funds are not appropriated, or otherwise! become unavailable tof 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 Work performed and accepted prior to the effective date of notice of termination, and this 30. Grantee's' Termination! Under Federal Requirements. Ifthe GrantF Fundsi include any federal funds, then Grantee may request termination oft this Grant by sending notice to the State, ort tot the Federal Awarding Agency with a copy to the State, which includes the reasons for the termination and the effective date oft the termination. Ifthis Grant ist terminated int this manner, then Grantee: shall return any advanced payments 31. Governmental Immunity. Liability for claims for injuries to persons or property arising from the negligence oft 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, CRS $24-10-101, et seq., 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, CRS $524-30-1501, ets seq. No term ord condition oft this Agreements shall bec construedo ori interpreted as av waiver, express ori implied, ofa any oft thei immunities, rights, benefits, protections, or other provisions, contained in these statutes. 32. Grant Recipient. Grantee shall performi its duties hereunder as a grant recipient and not as ane employee. Neither Grantee nor any agent or employee of Grantee shall be deemed tob be an agent ore employee oft the State. Grantee shall not have authorization, express ori 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 payy when due alla applicable employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation' insurance in the amounts required by law, (b) provide proof thereof when requested 33. Compliance with Law. Grantee shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter 34. Choice of Law, Jurisdiction and Venue. [Not Applicable to Inter-govermmental. agreements) 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. conficts with said laws, rules, and regulations shall be null and void. Alls suits or actions related to this Agreement shall be filed and proceedings held int the State of Colorado and exclusive venue shall be in the City and County of Denver. Any provision incorporated! herein by reference which purports to negate this or any other provision in this Agreement in whole ori inp parts shall not be valid ore enforceable ora available ina any action atl law, whether byy way of complaint, defense, or otherwise. Any provision rendered null andy void by the operation of this provision or for any other reason shall noti invalidate the remainder of this Agreement, to the extent capable ofe execution. Grantee shall exhaust administrative remedies in CRS $24-109-106, prior to commencing any judicial action against the State regardless of 35. Prohibited Terms. Nothingi int this Agreement shall be construed as ay waiver of any provision of CRS $24-106-109. Any! termi includedi in this Agreement that requires the Statet toi indemnify orh hold Grantee harmless; requires the State to agreet tob binding arbitration; limits Grantee's liability for damages resulting from death, bodily injury, or damaget to tangible property; ort that conflicts with that statute ina any way shall be void abi initio. 36. Public Contracts for Services. [Not Applicable to offer, issuance, or sale of securities, investment advisory services, fund management: services, sponsored, projects, intergovernmental. grant agreements, or information technology. services or products and services) Grantee certifies, warrants, and agrees thati it does not knowingly employ or contract with ani illegal alien) who will perform work under this Agreement: and will confirm the employment eligibility ofa all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation int the E-Verify Program or the Department program established pursuant to CRS $8-17.5- 102(5)(C), Grantee shall not knowingly employ or contract with ani illegal alien to perform work under this Agreement or enter into a contract or agreement with a Subcontractor that fails to certify to Grantee that the Subcontractor: shall not knowingly employ or contract with ani illegal alien to perform work under this Agreement. Grantees shall (a)r notu use E-Verify Program or Department program procedures tou undertake pre- employment. screening of job applicants during performance. oft this Agreement, (b)r notify Subcontractor and the State within three days if Grantee has actual knowledge that Subcontractor is employing or contracting with an illegal alien for work under this Agreement, (c) terminate the subcontract if Subcontractor does not stop employing or contracting with the illegal alien within three days ofr receiving notice, and (d) comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS $8-17.5-102(5), by the Colorado Department of Labor and Employment. IfGrantee participates int the Department program, Grantee shall delivert to the State a written, notarized affirmation! that Grantee has examined! thel legal work status of such employee, and shall comply with all oft the other requirements oft the Department program. If Grantee fails to. comply with any réquirement of this provision or CRS $8-17.5-101 et seq., the State may terminate this Agreement for breach and, ifso 37. Public Contracts with Natural Persons. Grantee, ifar natural person 18 years of age or older, hereby swears and affirms under penalty of perjury thatt thep person (a)i isad citizen or otherwise lawfully presenti int the United States pursuant tof federall law, (b)s shall comply, witht the provisions of CRS $24-76.5-101 ets seq., and (c). has produced af form ofi identification required by CRS $24-76.5-103 priort tot the date Grantee begins Work:  thet total Agreement price.  termination shall otherwise bet treated asi ifthis Agreement were terminated in the publici interest as describedi in 528.  madef for Work that will not bep performed priort tot the effective date of the termination.  by the State, and (c) be solely responsible fori its acts and those of its employees and agents. established, including, without] limitation, laws applicable toc discrimination: and unfaire employment practices.  whether the Coloradol Procurement Code applies tot this Agreement.  terminated, Grantee shall bel liable for damages. undert terms oft the Agreement.  Page 6of9  Effective Date: 7/1/2019    EXHIBIT C  STATE CONTROLLER  ADDENDUM: 1:  Additional Terms & Conditions for Information Technology  IF ANY PART OF THE SUBJECT MATTER OF THIS AGREEMENT ISI INFORMATION TECHNOLOGY,AS DEFINED IN CRS $24-37.5-102 (2), THE FOLLOWING PROVISIONS ALSOAPPLYTOTHIS AGREEMENT. A. Definitions. The following terms shall be construed and interpreted as follows: (a) "CJI" means criminal justice information collected by criminalj justice agencies needed for the performance oft their authorized functions, including, without limitation, alli information defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of! Investigation, Criminal Justice Information Services Security Policy, as amended, anda all Criminal Justice Records as defined under CRS $24-72-302; (b) Incident" means any accidental ord deliberate eventt that results inc or constitutes ani imminent threat oft the unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or information resources oft the State, pursuant to CRS $524-37.5-401 ets seq.; (c) PCI" means payment card information including any data related to credit card holders' names, credit card numbers, ort the other credit cardi information as may be protected by state or federal law; (d) "PHI means any protected healthi information, including, without limitation any information" whether oral or recordedi in anyf form orr medium. that relates tot thep past, present orf future physical orr mental condition ofa ani individual; the provision ofl health caret to ani individual; ort thep past, present orf future payment for the provision of health care to ani individual; and thati identifies thei individual or with respectt to which there is ar reasonable basis to believet the information can be used toi identifyt thei individual including, withoutl limitation, anyi information defined as Individually: Identifiable Health Information: byt the federal Health! Insurance Portability and Accountability, Act:; (e) PII" means personally identifiable information including, without limitation, anyi information maintained! by the State about ani 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, including, without limitation, all information defined as personally identifiable information in CRS $24-72-501; () "State Confidential Information" means any and all State Records not subject to disclosure under the Colorado Open Records Act and includes, without limitation, PII, PHI, PCI, Tax Information, CJI, and State personnel records nots subject to disclosure undert the Colorado Open Records Act, (g)" "State Fiscal Rules" means thosef fiscal rules promulgated byt the Colorado State Controller pursuant to CRS 524-30-202/13)a) (h) "State Fiscal Year" means a 12 month period beginning on. July 1of each calendar year and ending on June 30 of the following calendar year; () "State Records" means any and all State data, information, and records, regardless ofp physical form; ()" Taxl Information" means federal and State of Colorado taxi informationi including, without! limitation, federal and State tax returns, return information, and such other tax-related information as may be protected by federal and State! law and regulation, including, without limitation alli information defined asf federalt taxi information! inInternal Revenue Service Publication 1075; and (k)" "Work Product" means the tangible andi intangible results of the delivery of goods and performance ofs services, whetheri finished or unfinished, including drafts. Work Product includes, buti is notl 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 oft thel Work, buto does noti include any material thatv was developed priort tot the Effective Date thati is used, without B. Intellectual Property. Except to the extent specifically provided elsewhere in this Agreement, any State information, including without limitation pre-existing States software, research, reports, studies, data, photographs, negatives or other documents, drawings. models, materials; or Work Product prepared by Grantee int the performance ofi its obligations under this Agreement shall be the exclusive property of the State (collectively, "State Materials"). AlI State Materials shall be. delivered tot the State by Grantee upon completion ort termination of this Agreement. The State's exclusive rightsi ina anyv Work Product prepared! by Grantee shalli include, butr not bel limitedt to, ther rightto copy, publish, display, transfer, and prepare derivative works. Grantee shall not use, willingly allow, cause orp permit any Statel Materials tob be used fora any purpose other than the performance of Grantee's obligations hereunder without the prior written consent oft the State. The State shall maintain complete and accurate records relating to (a)i its use ofa all Grantee and third party softwarel licenses andr rights tou use any Grantee ort third partys software granted undert this Agreement andi its attachments tov whicht the Statei is aparty and (b) all amounts payablet to Grantee pursuant tot this Agreementa andi its attachments and the State's obligations under this Agreement or any amounts payable to Grantee in relation to this Agreement, which records shall contain sufficient information toy permit Grantee to confirm the State's compliance witht the user restrictions and payment obligations under this Agreement ort toa any third party user restrictions to whicht the State is a party. Grantee retains the. exclusive rights, title and ownership to any and allp pre-existing materials owned orl licensed to Grantee including, butr not limited to all pre-existing software, licensed products, associated: source code, machine code, text images, audio, video, and third party materials, delivered by Grantee under the Agreement, whether incorporated in a deliverable or necessary to use a deliverable (collectively, "Grantee Property"). Grantee Property shall bel licensed to the State as set forth ina a State-approved license agreement (a) enteredi into as exhibits ora attachments tot this Agreement, (b) obtained by the State from the applicable third party Grantee, or (c)i int the case of opens source software, thel license terms setf forth in the applicable open source license agreement. Notwithstanding: anything tot the contrary herein, the State shall not bes subject to any provision incorporated in any exhibit or attachment attached hereto, any provision incorporated in any terms and conditions appearing on any website, any provision incorporated into any click through or online agreements, or any provision incorporated into any other document ora agreement between thep parties that (a) requires the State or the State to indemnify Grantee ora any other party, (b) is inv violation of Statel laws, regulations, rules, State Fiscal Rules, policies, or other State requirements as deemed solely C. Information 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 oft the State, use, publish, copy, disclose to anyt third party, or permit the use by any third party of any: State Records, except as otherwise stated int this Agreement, permitted by law, or approvedi in writing by the State. If Grantee will orr may have access to any State Confidential Information or any other protected information, Grantee shall provide for the security of all State Confidential Information in accordance with all applicable laws, rules, policies, publications, and guidelines. Grantee shall complyv witha all Colorado Office ofl Information Seçurity ("OIS) policies and procedures which OISI has issued pursuantt to CRS S$24- 37.5-401 through 406 and 8 CCRS $1501-5 and posted at http:lloit.state. CO.L us/ois, alli information security and privacy obligations imposed by any federal, state, orl locals statute orr regulation, orb bya anyi industry standards org guidelines, as applicable! based ont the. classification of the datar relevant to Grantee's performance under this Agreement. Such obligations may arise from: Health Information Portability and Accountability Act (HIPAA): IRSF Publication 1075; Payment Card Industry Data Security Standard (PCI-DSS); FBI Criminal Justice Information Service Security Addendum; Centers for Medicare & Medicaid Services (CMS) Minimum Acceptable Risk Standards for Exchanges; and Electronic Information Exchange  modification, int thep performance oft the Work.  byt the State, or (c) is contraryt tot this Agreement.  Page 7of9  Effective Date: 7/1/2019    EXHIIBIT C  STATE CONTROLLER  Security Requirements and Procedures for State and Local Agencies Exchanging Electronic Information with The Social Security Administration. D. Other Entity Access and Nondisclosure Agreements. Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary top perform they work, but shall restrict access to State Confidential information tot 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 atl least as protective as those in this Agreement, and that the nondisclosure provisions arei inf force ata allt times the agent, employee, assign, or Subcontractors has access toa any State Confidential Information. Grantee shall provide copies oft those signed nondisclosure provisions tot the State upon execution oft ther nondisclosure provisions ifr requested! by E. Use, Security, and Retention. Grantee shall use, hold, andi maintain State Confidential Informationi inc compliance with any and all applicable laws and regulations only inf facilities located within the United States, and shall maintain a secure environment that ensures confidentiality ofa all State Confidential Information. Grantee shall provide the State with açcess, subject to Grantee's reasonable security requirements, for purposes ofi inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration ort termination of this Agreement, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State thati it has done so, as directed! byt the State. IfGrantee is prevented by lawo orr regulation from returning or destroying State Confidential Information, F. Incident Notice and Remediation. If Grantee becomes aware ofa any! Incident, its shall notify. the State immediately and cooperate with the Stater regarding recovery, remediation, and the necessity toi involve law enforcement, as determined by the State. Unless Grantee can establish none of Grantee or any ofi its agents, employees, assigns or Subcontractors are the cause ors source oft thel Incident, Grantee shall ber responsible for the cost ofr notifyinge each person who may have been impacted by the Incident. After anl Incident, Grantee shall take steps tor reduce the risk ofi incurring as similar type ofl Incident int the future as directed by the State, whichr may include, buti is not limited to, developing and implementing aremediation plant thati is approved by the State atr no additional cost tot the State. The Stater may adjust or directr modifications to this plan, init its sole discretion: and Grantee shall make allr modifications: as directed by the State. IfGrantee cannotp produce its analysis andy plany within the allotted time, the State, in its sole discretion, may perform such analysis and produce ar remediation plan, and Grantee shall reimburse the State for the G. 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 oft this Agreement: at allt times. Upon request by the State made any time prior to 60 days following the termination of this Agreement for any reason, whether or not this Agreement: is expiring or terminating, Grantee: shall make available tot the State a complete ands secure download file ofa all data that is encrypted and appropriately authenticated. This download file shall ber made available to the State within 10E Business Days following the State's request, and shall contain, without limitation, all State Records, Work Product, anda any otheri information belongingt to the State. Upont thet termination of Grantee's services under this Agreement, Grantee shall, as directed byt the State, return all State Records provided by the State to Grantee, andt the copies thereof, tot the State or destroy all such State Records and certify tot the State that it has done so. If legal obligations imposed upon Grantee prevent Grantee from returning or destroying all or part of the State Records provided by the State, Grantee shall guarantee the confidentiality: of all State Records in Grantee's possession and will not actively process such data. The State retains the right to use the established operational services to access and retrieve H. Compliance. If applicable, Grantee shall review, on a semi-annual basis, all OIS policies and procedures which OIS has promulgated pursuant to CRS SS 24-37.5-401 through 406 and8 8 CCRS1 1501-5a and posted at http:lloit.state. co.us/ois, to ensure compliance with the standards and guidelines published therein. Grantee shall cooperate, ands shall cause its Subcontractors to cooperate, with the performance ofs security audit Safeguarding! PII. IfGrantee or any ofi its Subcontractors: will orr may receive PHI under this Agreement, Grantee shall provide for thes security ofs such PII, in a manner and form acceptable tot the State, including, withoutl limitation, all State requirements relating to non-disclosure, use of appropriate technology, security practices, computer access security, data access security, data storagee encryption, datat transmission encryption, security inspections, and audits. Grantee shall take full responsibility for the security of all PII in its possession or in the possession of its Subcontractors, and shall holdt the State! harless for any damages orl liabilities resultingf from the unauthorized disclosure ori loss thereof. Grantee shall bea a Third-Party. Service Provider" as definedi in CRS $24-73-103(1)0: and's shall maintain security procedures and practices consistent with J. Software Piracy Prohibition. The State or other public funds payable under this Agreement shall not be usedf for the acquisition, operation, orr maintenance ofc computer software iny violation oft federal copyright! laws ora applicable! licensing restrictions. Grantee hereby certifies and warrants that, duringt the term oft this Agreement and any extensions, Grantee has and shall maintain in place appropriate systems and controls top prevent suchi improper use ofp publicf funds. Ifthe State determines that Grantee isi in violation oft this provision. the Stater may exercise any remedy available atl law ori ine equity or under this Agreement, including, withoutl limitation, immediate! termination oft this Agreement and any remedy consistent with K. Information Technology. To the extent that Grantee provides physical or logical storage of State Records; Grantee creates, uses, processes, discloses, transmits, or disposes of State Records; or Grantee is otherwise given physical orl logical access to State Records in order to perform Grantee's obligations under this Agreement, the following terms shall apply. Grantee shall, and shall cause its Subcontractors, to: Provide physiçal and logical protection for all hardware, software, applications, and data that meets or exceeds industry standards and the requirements oft this Agreement; Maintain network, system, and applications security, whichi includes, buti is notl limitedt to, network firewalls, intrusion detection (host and network), annual security testing, and improvements ore enhancements consistent with evolving industry standards; Comply with State and federal rules and regulations related to overall security, privacy, confidentiality, integrity, availability, and auditing; Provide that security is not compromised by unauthorized: access toy workspaces, computers, networks, software, databases, or other physical or electronic environments; Promptly report all Incidents, including! Incidents that dor notr result in unauthorized disclosure orl loss ofd datai integrity, toad designated representative of the OIS; Comply with all rules, policies, procedures, and standards issued by the Governor's Office ofl Information Technology (OIT). including project lifecycle methodology and governance, technical standards, documentation, and other requirements posted at malsabasiss Grantee shall not allow remote access to State Records from outside the United States, including access by  Grantee shall immediately forward any request or demand for State Records tot the State's principal representative.  the State.  Grantee warrants ity will guarantee the confidentiality of, and cease to use, such State Confidential Information.  reasonable actual costs thereof.  State Records stored on Grantee'si infrastructure: atit its sole discretion and ata anyt time.  and penetration tests by OIS ori its designee.  CRS $524-73-101 ets seq.  federal copyright laws or applicable licensingr restrictions.  Page 8of9  Effective Date: 7/1/2019    EXHIBITC  STATE CONTROLLER  Grantee's employees ora agents, withoutt thep prior express written consent of OIS. Grantee shall communicate any request regarding non-U.S. access to Statel Records tot the State. The State, acting by and through OIS, shall have sole discretion to granto or deny any such request.  Page 9of9  Effective Date: 7/1/2019    Agenda Item No. 4 Council Date: June 10. 2024  LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY  ITEMTITLE: Request for Extra-Territorial Water Service INITATOR: Patrick Mason, Public Works Director ACTION PROPOSED: Approve Request STAFF INFORMATION SOURCE: Patrick Mason  CITY ADMINISTRATORS REVIEW:  BACKGROUND:  Staff has received a request from Rolando and Cizdy DeLeon for Water service for DeLeon Truck Repair The business is located outside the City Limits and therefore Water service can only bej provided with City Council approval and with the execution ofa an Extra-Territorial Water service agreement. Ifapproved, the water meter would bei installed on an existing City water line that currently extends across Highway 287. The applicant would extend aj private line from that point to their business.  located at 27533 Highway 287  RECOMMENDATION: Staffrecommends: approval of an extra-territorial Water service agreement for  Rolando and Cizdy DeLeon at 27533 Highway 287 Lamar Colorado.    GRANT OF PRIVILEGE OF EXTRA-TERRIORAL WATER AND/OR WASTEWATER SERVICE  THIS GRANT executed as of this 10th  day of June, 2024, by the City Council  of the City of Lamar, Colorado, a Colorado Home Rule Municipal Corporation, with addresses for notice of 102 East Parmenter Street, Lamar, Colorado, 81052, hereinafter called and referred to as CITY, unto Rolando DeLeon or Cizdy DeLeon, with address for notice at 27533USHWY  287 Lamar, CO81052, hereinafter called and referred to as GRANTEE,  WITNESSETH:  WHEREAS, application has been made by Grantee to the City Council of the City of Lamar, Colorado, seeking service of water and/or wastewater as described in Grantee's application, to supply premises located outside oft the City's Municipal limits; and been amended by Ordinance No. 963, and Ordinance No. 1022; and  WHEREAS, City has heretofore enacted Ordinance No. 872 of City, which ordinance has WHEREAS, Ordinance No. 872, as amended by Ordinance No. 963, and Ordinance No. 1022 regulates and governs the provision of water/wastewater. service furnished outside the  City's Municipal limits;  NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES, AND THE MATTERS HEREINAFTER SET FORTH, CITY DOES HEREBY GRANT. ASI FOLLOWS: shall timely pay for said water and/or wastewater service, upon property belonging to Grantee and located outside the Municipal limits of City, which property is described as:  1.  The City shall supply water and/or wastewater service unto Grantee, and Grantee  27533 US HWY287 Lamar. CO81052  2. Said water and/or wastewater supply and service shall be used by Grantee for the set forth in Grantee's application for extra-territorial water and/or wastewater use and for purpose no other purpose whatsoever unless and until City's written consent to such other purpose is  granted.  3. Grantee shall be solely responsible for all costs and expenses incurred in the installation, utilization and maintenance of said water and/or wastewater service and supply, and fixtures, lines and other materials made necessary thereby, including, but not limited to, all  application fees, tap fees and the! like.  4. Grantee shall install, utilize and maintain all pipelines and other materials pursuant to all specifications and requirements imposed by the Water and Wastewater Director. 5. The parties of this Grant of Privilege agree that all development within said premises shall be in conformity with the requirements of Ordinance No. 872 as amended by Ordinance No. 963 and Ordinance No. 1022 and any subsequent amendments, inclusive of building and construction codes such as, but not limited to building code standards, fire code, fire code standards, electrical code, mechanical code, property maintenance code, residential code,  plumbing code and abatement of dangerous buildings code and zoning codes.    6.  The parties to this Grant of Privilege further agree that all development on said  premises shall be subject to the City of Lamar zoning and subdivision ordinances, including but not limited to street lighting plans, traffic regulatory signage plans, street names, sign plans, storm water/wastewater system plans, and street system layout, and plans for the purpose of  street extension, alignment and orderly growth and traffic flow. placement of all lines necessary to accomplish the within grant.  7. 8.  Grantee agrees to grant unto City all necessary easements and rights-of-way for Grantee agrees that all lands hereinabove described and gaining the benefit of  City water and/or wastewater service are subject to covenant and agreement from Grantee, his successors and assigns, to the effect that all such lands and owners thereof are deemed to have consented to annexation to the City at such time and in the sole determination of City as such annexation shall by deemed necessary and proper by City. Further, and in like manner, all of said lands and owners are deemed to have consented to inclusion within the boundaries of any paving district formed by the City in respect of tracts of land sO to subject water and/or  wastewater service.  9. City may, in its sole discretion and at any time, impose upon Grantee, his successors and assigns, any and all of the provisions of Ordinance No. 872 oft the City ofLamar, as amended by Ordinance No. 963 and Ordinance No. 1022 and as may hereafter by amended,  copies ofwhich are attached for reference.  10. Itis expressly understood that City is subject to no standards or conditions of delivery of water and/or wastewater whatsoever, including quality, quantity, pressure, suspension of service, or any other such condition or standard, all the same being solely within City's discretion and capability to deliver water and/or wastewater service, and it is further understood by Grantee that the use restrictions and total suspension of water and/or wastewater service provisions of Ordinance No. 872, as amended, may be activated at any time by City.  11. The parties to this grant of privilege agree that all other provisions of Ordinance No. 872, as amended by Ordinance No. 963 and Ordinance No. 1022 and as may hereafter by amended, shall be in full force and effect in respect to the premises to be served pursuant to this  grant of privilege.  12. No provision of this grant of privilege shall be construed or operate to transform City into a public utility, it being fully understood that City is not a public utility, but is a municipally-operated water and/or wastewater system, with citizens of City having first and prior privilege to draw upon City's water and/or wastewater installations and systems.  13. Pursuant to Ordinance 872, as amended, any violation of non-compliance by Grantee with the provisions oft this grant of privilege may result in the imposition ofs such penalty as may be determined by City Council in its sole discretion, including but not limited to,  revocation oft this grant of privilege for water and/or wastewater service.  14. This grant of privilege shall be and become binding upon and inure to the benefit ofCity and Grantee, their successors and assigns, and any action necessary to construe, interpret or enforce the provisions of this grant of privilege shall be brought and maintained in the District Court in and for Prowers County, Colorado, with the substantially prevailing party therein being entitled, as a matter of contract, to recover its costs and expenses incurred, including reasonable  attomey and expert witness fees.    15. A copy of this Agreement shall be recorded of record with the Prowers County Clerk and Recorder's Office. Any and all of Grantee(")(s") heirs, personal representatives,  deemed to  of the within document because of the  successors and assigns are same being recorded by Grantor in Office and are required to comply herewith.  the have records knowledge of the Prowers County Clerk and Recorder's  16. The rights granted herein shall be run with the land.  CITY OF LAMAR, COLORADO  Attest:  Mayor  City Clerk  Accepted and approved: Ligy Asor haandb & Laor  Grantee    Agenda Item No. 5 Council Date: 6/10/2024  LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY  ITEM' TITLE: Award Bid 44-008 for Financing for the 2024 Ford Edge fort the Library INITIATOR: Kristin Schwartz CITY ADMINISTRATORS REVIEW:  ACTION PROPOSED: Award Bid 44-008  STAFF INORMATION SOURCE: Kristin Schwartz. Bill Kisamore  BACKGROUND: The City ofLamar solicited proposals for financing the 2024 Ford Edge for1 thel Library. Bid packets were mailed to all relevant businesses in our area and the request for proposal was advertised in thel local paper on May 9,2024. Three proposals werei received and accepted by the City Treasurer by 5:00j p.m. on May 28, 2024. The bid opening was held on May 29,2024 and all three bids were acknowledged and accepted.  RECOMMENDATION: Staff recommends that the award for the Financing for the 2024 Ford Edge for the Library be awarded to Community State Bank who bid the lowest interest rate and allow the Mayor to sign the  Lease agreement upon approval by City Attomey, City Treasurer and Lender.        COMML NTIN SNnT B7S  Community State Bank 717N.Main: St. Lamar,CO 81052  Mala FK  COMMUNITY STATE BANK 717 North Main Street Lamar, CO 81052 Contact: Rita Marquez (719)336-3272  BID PROPOSAL FOR: 1-2 2024 Ford Edge for the Library  CITY OF LAMAR  Office of the City Treasurer 102 East Parmenter Street Lamar, CO 81052 Bid Number: 44-008 Dated: 05/24/2024  Return Date: 05/28/2024 AT 5:00 P.M. Bid Opening: 05/29/2024 AT 10:00 A.M.  Description: Financing for Lease/Purchase of 2024 Ford Edge for Library  719,3363272-phone  (719)336-3280-f fax  pg.1  www.csb-lamar.com    COSINL My STAT TSS  Community State Bank 717N.MainSt. Lamar,CO 81052  matha FDIC  TABLE OF CONTENTS  Cover Table of Contents Signature Page  Page 1 Page 2 Page 3 Page 4 Page! 5 Page 6 Page7 7 Page 8 Page 9  Submittal Letter (w/attachments) Company History and Experience  Disclosures References Fee Schedule  Exhibit A (Equipment Schedule)  7193363272-phone  (719,336-3280-fax  pg.2  www.sb-lamar.com    ONENIL NI Ae BAS  Community State Bank 717N.Mains St. Lamar, CO 81052  nl FN  SIGNATURE SHEET Please Print or Type Name of Business:  COMMUNTIY STATE BANK LAMAR,CO 81052  Address: 717 NORTH MAIN STREET City, State, Zip Code: Phone No:  Fax No: 719-336-3280  719-336-3272 rmarquez@csb-  E-Mail: lamar.com Federal" Tax ID: Signature: Printed Name:  26-2712298 Rit-Marquez  Date: Title: SVP  5124bay    Proposer. Acknowledge! Receipt oft the Following Addenda:  Addendum No.  Date  The above signed proposes to provide services ina accordance with the specifications for RFP4 44-008 andt to bind themselves, ont the acceptance oft this proposal, to enteri into ande execute a contract, of whicht this proposal, terms Thea above: signed acknowledges the rights reserved by the Cityt to accept or reject any or allp proposals as may appear tol bei int thel best interest oft the City. The undersignedi further agrees, ifa awardeda a contract, toe execute and deliver the same tot the City withini five (5) working days after receipt ofa ane executed  and conditions, and specifications willl be part.  contract and1 tos submit there with all requiredi insurance certificates.  (919,3363272-phone  (719,336-3280-fax  pg.3  www.sb-lamar.com    Cs 5 -E  Community State Bank 717N.Main St. Lamar,CO 81052  DK  SUBMITTAL LETTER  CITY OFI LAMAR Office of the City Treasurer 102 East Parmenter Street Lamar, CO 81052 To Office of City Treasurer:  Community State Bank hereby is making proposal for a request for lease financing for certain identified  equipment (See Exhibit A) used for and by the City of Lamar, CO.  Whereas:  Community State Bank has proper understanding of the financial instrument being used to  accommodate the needs of the desired request for proposal. the bank regarding to the referenced request for proposal:  Community State Bank hereby authorizes thet following individuals to make representations on behalf of Craig Choat, President choat@sb-lamar.com, 717 Main Street, Lamar, CO (719)336-3272 Dan Tate, Vice President dtate@cb-lamarcom, 717 Main Street, Lamar, CO (719)336-3272 Brendan Randle, Branch President randeecb-amar.com, 301 Main! Street, Springfield, CO 81073 Cole Grenard, Vice President grenardercblamarcon, 717 Main Street, Lamar, CO (719)3 336-3272 Rita Marquez, Sr. Vice President maruezecp-marcon, 717 Main Street, Lamar, CO (719)336-3272 Scott Reed, Loan Officer reed@csb-amar.com, 717 North Main Street, Lamar, CO (719)336-3272 Community State Bank hereby authorizes the above individuals to sign transmittal letters sent to the  City of Lamar.  Community hasi included a complete amortization schedule for the proposal. Community State Bank willr not transfer or sell thei financial instrument.  (See attached Lease Amortization Schedule)  Community State Bank hasi included a sample lease agreement form for submitted proposal.  (See attached lease agreement) 2  President  State Bank  4 pg.  719,3363272-phone  719,336-3280-fax  www.sb-lamarcom    OMININITS ST 135  Community State Bank 717 N.Main St. Lamar,CO 81052  woeAs IC  COMPANY FORMATION, HISTORY AND EXPERIENCE  Community! State Bank 717 North Main Street Lamar, CO 81052 (719)336-3272 Established: 2008 Branch: Community State Bank 1301 Main Street Springfield, CO 81073 (719)563-1272 Established: 2017 Lease Financing Key Personal:  Craig Choat, Senior' Vice President choatecp-amar.com, 717 Main Street, Lamar, C0(719)336-3272 Dan Tate, Vice President dtate@csb-lamar.com, 717 Main! Street, Lamar, CO (719)336-3272 Brendan Randle, Branch President brande@sb-emarcom 301 Main! Street, Springfield, CO 81073 Cole Grenard, Vice President grenardecbplamarcon 7171 Main Street, Lamar, CO (719)336-3272 Rita Marquez, Sr. Vice President maqueresp-smarcon 717 Main Street, Lamar, CO (719) 336-3272 Scott Reed, Loan Officer sreed@csblamarcom, 717 Main Street, Lamar, CO (719)336-3272  Experience: 32 years in banking and finance. Experience: 29 years in banking andj finance. Experience: 18) years in banking and finance. Experience: 5 years in banking andj finance. Experience: 25) years in banking andj finance. Experience: 30 years in banking andj finance.  (719,3363272-phone  (719)336-3280-fax  Pg 5  www.csb-lamar.com    CNINIL NITS STNTT 1MiS  Community State Bank 717N.MainSt. Lamar,CO 81052  mvh H:  DISCLOSURES  Community State Bank has no personal or financial interest that could arise a conflict in providing Community! State Bank hereby acknowledges that the current Mayor, Kirk Crespin, is employed by the bank as the Information Technology (IT) manager. The bank also certifies that Mr. Crespin does not have  products or services provided to the City of Lamar.  any responsibilities: associated with the lending function within the bank.  (719)336-3272- phone  719,3363280-fax  pg.6  www.rsb-lamar.com    UMNUNIT STATT ME  Community State Bank 717N.Main! St. Lamar, CO 81052  mIDIC  REFERENCES  Carrigan Excavating, LLC-Mark Carrigan, Providing full suite of banking services Horning Consulting, LLC- Todd & Sarah Horning, Providing full suite of banking services Prowers County Treasurer- Judy' Wittman, Providing banking services Southeast Colorado Enterprise Development, Stephanie Gonzales o Providing banking services Southeast Colorado Hospital District, - Dorothy Burke Providing banking services  (719)336-3313 (303)941-1774 (719)336-8081 (719)336-3850 (719)523-4501  7193363272-phone  (719)336-3280-fax  pg.7  www.csb-lamar.com    AMNIL STI   Community State Bank 717N.Main St. Lamar,CO 81052  w DIC  FEES SCHEDULE  Lessee: Acquisition: Down Payment: Base Term:  CityofL Lamar, al Municipal Corporation 1-2024 Ford Edge for Library At Closing $8,617.59 4- Years  Total Finance Amount: not expected to exceed proposal from Tri-County Ford $38,754  Loan Closing Date: On or Before. June 14, 2024  Payment Frequency: Annual Date of First Payment: June 14, 2024  Subsequent Payments: By June: 14tofe every year left fort term  Additional Fees:  $7.201 filing fee (1x$7.20)  Lessor:  COMMUNITY STATE BANK-LAMAR, CO  Type of Financing:  Tax Exempt = Bank Qualified Municipal Lease / Purchase Agreement  Annual Payment Amount: $8,617.59  (719)336-3272- phone  (719)336-3280-fax  pg.8  www.csb-amar.com    COL SIs 51311 155  Community! State Bank 717N.MainSt. Lamar,C081052  Account Name: Account Number: Payment# Pay Date  CITY OFLAMAR 44-008  Lease Amortization Schedule Payment Amt Interest $0.00 $8,617.59 $8,617.59 $8,617.59 $8,617.59 $8,617.59  Principal $0.00 $8,617.59 $6,929.95 $7,318.03 $7,727.84 $8,160.60  Balance $38,754.00 $30,136.41 $23,206.46 $15,888.43 $8,160.59 ($0.01)  - 6/14/2024 6/14/2025 6/14/2026 6/14/2027 6/14/2028  $0.00 $0.00 $1,687.64 $1,299.56 $889.75 $456.99  1 2 3 4 5    EXHIBITI A  Equipment Schedule  Description 20245 Ford Edge Soles sourcef from Tric County- Govemment Discount Total amount financed with 15t being due at closing)  Vendor  Quantity Unit Price 1  Extended" Total $38,754  $38,754 (5 equal payments  Project Grand1 Total  $38,754    ÇITY OF LAMAR  BID NUMBER  44-008  DATE 5-1-2024  INSTRUCTIONS: Bids aret tot be returned by 5:00 P.M. ont the retum date indicated. Any bid received after thet time and date specified will not be considered. Any bid received by a vendor that does not have a current Business Sales Tax License with the City ofl Lamar will not be considered. All bids must! be enclosed inas sealed envelope plainly marked with the bidder's business name, contact name, address. phone number. bid number and item. Nof facsimile bids will be accepted. Failure to complete the bid form orr meett ther requirements specified may constitute grounds forr rejection ofa al bid. Prices quoteds shall be on a' "F.O.B. Lamar" or" "Delivered" basis. Please maker note ifyourt bid does not meet all oft the specifications and list thosei items thatr may differ. The City ofL Lamar reserves the right tor reject any or all bids. tor make minor alterations tot the  specificalions, and to acceptt the proposal thati isi in the besti interest oft the City ofL Lamar.  For furtheri information conlact: Kristin Schwartz_ Return Date: May/28.2024 At5:00P.M.  at_ 719-336-1373  Bid Opening: May 29. 2024 At 10:00A.M.  ALLI BIDDERS ARE ENCOURAGED TO ATTEND THE BID OPENING AND CITY COUNCIL MEETING WHEN SAID BIDI IS1 TO BE AWARDED ALLI BIDDERS MUST HAVE A CURRENT BUSINESS/SALES TAXL LICENSE AND MUST NOT BEI IN DEFAULT ON THE PAYMENT OF PROOF OF INSURANCE MUST BE PROVIDED TO THE CITY WITHIN 10 WORKING DAYS OF AWARD OF BIDI BY1 THE CITY COUNCIL ITIS THE RESPONSIBILITY OF THE BIDDER TO COMPLY WITH ALLI LAWS AND ORDINANCES RELATING TO1 THE CONTRACT OR  TAXES, LICENSES OR ANY OTHER MONIES DUE THE CITY OFL LAMAR ANDI PRIOR TO ANY ACTIVITIES RELATED TO1 THE BID  SERVICE Vendor's  Please return bid to the following address with the Bidder's Business Name, Contact Name, Address. Phone Number, Bid Number and Item Number on the outside oft the envelope to: CITY OF LAMAR OFFICE OF THE CITY1 TREASURER 102 EAST PARMENTER: STREET LAMAR, CO 81052 Bid Invitayon By:  FRONTIER BANK POBOX988 LAMARO CO81052  Phone: Bid Response By: ignature  Krigtin SchwatkTreasurer lbis  R  ITEM# QANTITY  DESCRIPTION  TOTAL PRICE  COMPLETION DATE  Financing for Lease/Purchase of a 2024 Ford Edge For Library  Bids submitted willl be considered valid for thirty (30) days after bid opening  Bids submitted will be considered valid for thirty (30) days after bid opening date.    Table of Contents  1. Submittal Summary.. 2. Company history/experience. 3. DIsclosures.. 4. References.". 5. Fee! Schedule 6.Amortization Schedule..  Page 3 Page 4 .Page! 5 Page 6 .Page 7 Page 8  2    Submittal Summary  Frontier Banksunderstanding: oft the request, is to provide a proposal bidt for ai tax-exempt financing package forl lease/purchase of a 2024 Ford Edge for the Lamar Library as more particularly described in the RFP 44-008, the purchase price of which is not to exceed $38,754 Jake Chamberlain-VP, Brady Turpin-VP, Peter Page-Senior VP, and Clay Whitam-President. are authorized to make representations on behalf of Frontier Bank. Jake, Peter, Brady and Clay can be reached at 719-336-4351. Frontier Bank's address is 200 S. Main! St, Lamar, CO 81052. Ourf fax#I719336-4352. Jake, Peter, Brady and Clay can Frontier Bank authorizes. Jake Chamberlain to sign the transmittal letter and to enter into contract with the City of Lamar on the bank's behalf. An amortization schedule has been attached within this packet. The amortization schedules show thet funding dates, payment dates, payment amounts, principal portions, interest portions, final payment amount, grand total principal and grand total interest portions AS Sample lease agreement is noti included with this packet as the city ofl Lamar already has 2 standing leases with Frontier Bank that serve asas sample for what this proposed lease would look! like. Ifawardedi this bid, Frontier Bank will not transfer or sell the lease to any other financial institution with  be reached via email at aePfonteankocom, Pateretonteranso.on Brdvefronterhankocon and layPfionteranko.om respectively.  over the life of the loan.  the exception being any successors.  3    Company history/experience  Frontier Bank is a full-service bank, established in: 1936, and acquired by Whitcorpi in 1991. Frontier Bank provides services in Lamar, Burlington, Springfield, Pueblo, Pueblo West, Alamosa and Walsh. We have a wide array of demand deposit products, and full-service loan departments for commercial, agricultural, consumer, and mortgage loans. We also have at full-service trust department. Frontier Bank is located at: 200S. Main! St in Lamar. Our phone #i is719-336-4351. Jake Chamberlain willl be the  main contact person for the banki int this transaction.  Belowlhave provided al brief biography for the keyi individuals involved in this transaction.  Clay' Whitam is our bank President. He has been inl banking for 31 years, and with Frontier Bank for 28  years.  Peter Page is our Senior Vice President. He has been in banking and with Frontier Bank for 17 years. Jake Chamberlain is our Vice President. He has beeni inl banking/finance for over 25 years and with Frontier Bank since October 2017. Jake has the recent experience of completing thel lease financing with the City ofl Lamar fort the Pierce Type 3 Firetruck as well as the 2019 Vactor SewerTruck.  4    Disclosures  None of thei individuals from thel bank that are involved Int thist transaction have any professional or personal financial interest that would create a conflict of Interest Inj providing service to the city of  Lamar.  5    References  Frontier Bank has beeni involved in numerous municipal lease transactions over the years including, but not limited to the lease financing ofa a new vactor sewer truck for the City ofl Lamar, at firetruck for the city ofLamar, commercial mowers, instrument landing systems for an airport, street sweepers, loaders, Due to confidentiality restrictions, wei are unable to disclose the names of other municipalities we have  backhoes and road graders. worked with.  6    Fee Schedule  Lessee: Acquisition:  City of Lamar, al Municipal Corporation 1-2024 Ford Edge asi is more particularly described  inRFP44-008.  Total Finance Amount: $38,754.00 Loan Closing Date: On or before. June: 14, 2024  Base" Term:  Spayments, 4y year term  Payment Frequency: Annual Date of 1*p Payment: AtC Closing  Subsequent Payments: By. June 14th of every year left forterm  Lessor: Type of Financing: Interest Rate: amount:  Frontier Bank 5.7%F Fixed  Tax Exempt- Bank Qualified Municipal Lease/Purchase Agreement  Equal annual payment $8,645.47  Addt'linfo:  Total interest paid under this proposalis$447335.  7    05/08/2024 10:47:54AM Page 1  City of Lamar- RFP 44-008 2024 Ford Edge Nominal Annual Rate : 5.700% CASH FLOW DATA Event 1 Loan 2 Payment  Rate Period.  Exact Days  Date 06/14/2024 06/14/2024  Amount 38,754.00 8,645.47  Number Period End Date 5 Annual 06/14/2028  1  AMORTIZATION SCHEDULE - U.S. Rule (no compounding), 360 Day Year  Date Loan 06/14/2024 1 06/14/2024 2024" Totals 2 06/14/2025 2025 Totals 3 06/14/2026 2026 Totals 4 06/14/2027 2027 Totals > 06/14/2028 2028 Totals Grand Totals  Payment 8,645.47 8,645.47 8,645.47 8,645.47 8,645.47 8,645.47 8,645.47 8,645.47 8,645.47 8,645.47 43,227.35  Interest 0.00 0.00 1,740.02 1,740.02 1,340.94 1,340.94 918.80 918.80 473.59 473.59 4,473.35  Principal 8,645.47 8,645.47 6,905.45 6,905.45 7,304.53 7,304.53 7,726.67 7,726.67 8,171.88 8,171.88 38,754.00  Balance 38,754.00 30,108.53 23,203.08 15,898.55 8,171.88 0.00  8    SIGNATURE SHEET Pleasel Print orT Type  Name ofl Business: Fronher Bank  Address: City, State, Zip Code: Phone No.: E-Mail: Federa! Tax ID: Signature:  Zoo S. Mam s7  Lamar Co 81052  (79)336-4357 Jake 6 fonher bankco.com 84-0047537  Fax No.:  Date: s8/ao2y Title: vp  Pfinted Name: Soke Chamberlan  Proposer Acknowledge Receipt of the Following Addenda:  Addendum No.  Date  The above signed proposes to provide services in accordance with the specifications for RFP 44-008 and tol bind themselves, on the acceptance of this proposal, to enter into and execute a contract, of which this proposal, terms The above signed acknowledges the rights reserved byt the City to accept or reject any or allp proposals as may appear tol be in the besti interest of the City. The undersigned further agrees, ifa awarded a contract, to execute and deliver the same to the City within five (5) working days after receipt of an executed  and conditions, and specifications will be part.  contract and to submit there with all required insurance certificates.    GNBank  The Best Placei to Bank and Borrow  May 28, 2024 City of Lamar Office of the City Treasurer 102 East Parmenter Street Lamar, CO 81052 Cityo ofL Lamar,  GNBank, N.A. is pleased to offer financing for the lease purchase ofa a new 2024 Ford Edge for Library.  Equal Annual Payments Amount: $38,754 Rate: 5.75% Fixed Payment: $8,653.29 Date 2024 2025 2026 2027 2028  Initial down payment of $8,653.29 provided at closing  Rate is good for 61 Months Payment $8,653.29 $8,653.29 $8,653.29 $8,653.29 $8,653.29  Interest $8,653.29 $6,898.46 $7,300.63 $7,726.25 $8,175.37 Total Interest $4,512.45 Total Repaid $43,266.45  Principal $- $1,754.83 $1,352.66 $927.04 $477.92  Remaining $30,100.71 $23,202.25 $15,901.62 $8,175.37 $-  *Note that interest quoted andi interest paid may differ due to timing of payments.  Ify youh have any questions or need more information please give us a call. Thank you for considering our  organization for your financing needs. Hector Martinez Yanez EL Assistant Vice President    CITY OF LAMAR  BIDI NUMBER  44-008  DATE 5-1-2024  INSTRUCTIONS: Bids are to be returned by 5:00P.M. ont the return date indicated. Any bid received aftert thet time and date specified will not be considered. Any bid received bya a vendor that does not have a current Business Sales Tax License with the City ofL Lamar will not be considered. All bids must! be enclosed ina asealed envelope plainly marked with the bidder's business name. contact name, address, phone number, bid number and item. Nof facsimile bids will be accepted. Failure to complete the bidi form orr meet ther requirements specified may constitute grounds forr rejection ofa al bid. Prices quoteds shall be on a" "F.O.B. Lamar" or" Delivered" basis. Please make note ify your bid does not meet allo oft the specifications and! list thosei itemst that may differ. The City ofL Lamar reserves the right tor reject any or all bids, tor make minora alterations tot the  specifications, and toa accept the proposal thati isi int the besti interest oft the City ofLamar.  Fort furtheri information contact: _Kristin Schwartz_ Return Date: May28, 2024 At5:00P.M.  at. 719-336-1373  Bid Opening: May29.2024 At10:00A.M.  ALL BIDDERS. ARE ENCOURAGED TO ATTEND THE BID OPENINGI AND CITY COUNCIL MEETING WHEN SAID BIDI ISTOBE AWARDED ALL BIDDERS MUST HAVE A CURRENT BUSINESS/SALES TAXL LICENSE. AND MUST NOT BEI INI DEFAULT ON THE PAYMENT OF PROOF OF INSURANCE MUST BEI PROVIDED TO THE CITY WITHIN 10 WORKING DAYS OF AWARD OF BIDI BY THE CITY COUNCIL ITISTHE RESPONSIBILITY OF THE BIDDER" TO COMPLY WITH ALL LAWS AND ORDINANCES RELATING TO THE CONTRACT OR  TAXES, LICENSES OR ANY OTHER MONIES DUE THE CITY OF LAMAR AND PRIOR TO ANY ACTIITIES RELATED TO1 THEI BID  SERVICE Vendor's Address:  Please return bid tot thei following address with the Bidder's Business Name. Contact Name, Address. Phone Number, Bid Number and Item Number ont the outside oft the envelopet to: CITY OF LAMAR OFFICE OF THE CITY TREASURER 102E EAST PARMENTER STREET LAMAR, CO 81052 Bid Invitalon By: ristin  GNBANK PO BOX 1108 LAMAR CO81052  Phone: Bid Response By:  Gignature  Aup Title  SchwaryTreasurer ulollbr  ITEM# QANTITY  DESCRIPTION  TOTAL PRICE  COMPLETION DATE  Financing for Lease/Purcnase of a 2024 Ford Edge For Library  Bids submitted will be considered valid for thirty (30) days after bid opening  Bids submitted will be considered valid for thirty (30) days after bid opening date.    April 29, 2024  REQUEST FOR PROPOSALS CITY OF LAMAR CONTRACTED SERVICES CLOSING DATEANDI TIME:  CYOF LAMARE  NO.:  44-008  May 28, 2024 5:001 PMI MST  DESCRIPTION: Financing for Lease/Purchase of 2024 Ford Edge Library  BUYER: PRE-QUOTATION CONFERENCE:  Kristin Schwartz  PHONE: E-MAIL: DATE:  719-336-1373  FAX:  kristin.schwartz@cl.amar.co.us  NO  TIME:  SEALED quotations willl ber received until 5:00 p.m. MDT on May: 28, 20241 by the CITYOFL LAMAR at:  102 East Parmenter! Street Lamar, Colorado 81052  SINGLE POINT OFC CONTACT: There willl be only one point ofcontact! for this Request for Proposals. The contact, pointi is Cityo ofl Lomar, andt the contact personk ist the Buyerl listed above. Any questions ori issues that may arise regarding thes specifications, the quotation process, and/ort the award process shall be directed tot the Buyerl listed above. City oflamar's officialr response toc anyg questions orr requests willl bet through direct! letters ort thec addendum) process.    CITY OF LAMAR REQUEST FORI PROPOSALS FOR  Financing for Lease/Purchase of 2024 Ford Edge Library  The City of Lamar, Colorado will accept sealed proposals at the Office oft the City Treasurer, 102 E. Parmenter Street, Lamar, Colorado, 81052, until! 5:00 pm May 28, 2024. Proposals willl be opened the morning of May 29, 2024 and Proposals Will Consist Of: RFP44-008- - Financing for Lease/Purchase of 2024 Ford Edge Library  acknowledged.  Purpose of Solicitation  The City of Lamar ("City") is soliciting competitive sealed proposals to select a qualified financial firm to enteri intoa four year Lease/Purchase Agreement for the acquisition of the Ford Edge. A schedule ofe fequipment and specifications are attached as Exhibit A. The City of Lamar will provide all necessary technical support tot the awarded Proposer to acquire the equipment. The City has equipment spec'd and priced by Tri-County Ford (Exhibit A). The total amount financed is not expected to exceed the bid (Exhibit A). Proposer shall furnish all personnel, supervision, and management necessary to provide this service. A scored evaluation will be conducted for each submittal and award will be made to the Proposer whose proposal is determined to be the most financially Please note, this RFP is asking for Proposers to submit a proposal Tax Exempt - Bank Qualified Municipal Lease / Purchase with interest rates for comparison purposes. Once we have received all proposais, the City will decide Thei format for submittals and additional information regarding the scope of work are available in the Bid document. Bid documents can also be obtained electronically or hard copy by contacting Kristin Schwartz, City of  advantageous toi the City considering the evaluation factors seti forth in Section 1.  which option isi in its best interest.  LamarTreasurer, 102 East Parmenter Street, Lamar, Colorado, 81052,719-336-1373,  kristin.schwartz@cl.amar.co.Us RFP requirements.  In determining the best qualified proposal, Lamar will consider all acceptable proposals on al basis consistent with The City of Lamar reserves the right to reject any and all proposals, to waive anyi irregularities in the proposals received and to accept the proposal(s) that are in the best interest of the City. Lamari is an Equal Opportunity Employer. The City of Lamar is exempt from Federal and State taxes and will execute the  required exemption certificates.  1.0 PROPOSAL INSTRUCTIONS AND INFORMATION  F Please include your original proposal and two (2) copies in a sealed envelope. Proposals are to be received no later than! 5:00 PMI May 28, 2024, local time.  - The Contract/ Lease Agreement and any attachments to this proposal will form the terms and conditions of the agreement and will be binding on the successful Proposer. The successful Proposer willl be expected to execute the Contract/lease Agreement andi fully execute the services described within this document and their Proposal unless objections are submitted with the Proposal. No objections will  be considered following the Proposal acceptance time.  The Owner is the City of Lamar.    The envelope or boxi in which the proposal is to be received is to be sealed and marked: "RFP 44-008 Financing for 2024 Ford Edge Library" andi include the submitting company's name on1 the envelope. No faxed The submission package or envelope must be SEALED and plainly marked with thet following:  proposals will be accepted.  (1) the Solicitation number, RFP 44-008 (2) the name of thei item or service being sought, and  (3) the opening date and time. The submitting Poposersretumaddress must appear on the envelope or Dor not respond to more than one Solicitation ini the same envelope. A submission made using Express/Overnight" services must be shipped in a separate sealedi inner envelope/package identified as stated above. No responsibility will attach to the City, or to any official or employee thereof, for the pre-opening of, post-opening of, ort thei failure to open a submission not properly Proposals must be submitted in writing. No oral, telephone, facsimile, emailed, or  package.  addressed and identified. DO NOT FAXY YOUR BID OR PROPOSAL.  late submissions will be considered. All submissions must be received at the Treasurer's Office and time and date stamped prior to the closing date and time. Iti is the submitting Proposer's responsibility to timely submit their Bid or Proposal in a properly marked envelope, prior to the scheduled closing, for receipt in sufficient time to allow the - All proposals must be signed. Proposals not signed will be disqualified and considered non-responsive. I Additional sheets may be included ifr more room is needed for technical information, answers, and  submission to bet time and date stamped.  explanations. TERMINOLOGY  The following terms will apply to this Request for Proposal:  a) Contract means the written agreement resulting from this Request for Proposal executed b) Firm or Contractor means the successful proponent to this Request for Proposal who  by the City of Lamar and the Firm;  enters into a written contract with the City ofL Lamar;  c)o City means the City ofl Lamar; proposal to receive consideration;  d) Must, mandatory, will or shall means a requirement that must be met in order fora e) Proposer means an individual or a company that submits, or intends to submit, a f)s Should, or desirable, means a requirement having a significant degree of importance to  proposal in response toi this Request for Proposal; the objectives of the Request for Proposal.  1.1 Intent of Proposal  Iti is thei intent of this proposal to describe thes services being sought in sufficient detail to secure qualified proposals. Proposals will be evaluated using a weighted scoring method. Proposals not conforming to the requested format or not in compliance with the specifications will not receive full  scoring.    1.2 Proposer's Costs City and will not be returned. 1.3 Evaluation of Proposal  The Proposer will be responsible for all costs (including shipping) incurred in preparing or responding to this RFP. All materials and documents submitted in response to the RFP become the property of the  The City reserves the right to make an award on receipt ofi initial proposals; Proposers are encouraged to submit The City shall evaluate and select Proposals to provide the required services based on the completed proposal responses. The City shall be the sole judge in determining how the evaluation process shall be conducted and what vendor shall be considered for award as deemed tol be in the best interest of the City. The City may conduct such investigations, as the City considers necessary to assist in the evaluation ofa any proposal to establish the responsibility, qualifications and financial ability of any potential vendor to perform the The evaluation criteria noted below are the criteria to be used for evaluation of this RFP. Based on the evaluation process, a rank ordered list of responsive vendors shall be established. The vendors shall be rank ordered with the first ranked vendor being considered the most responsive and the second ranked vendor being considered the second most responsive. This process shall be continued until all vendors have been rank ordered. The City shall then determine whether the vendor's proposal with the highest ranking can be accepted as is without further discussion or clarification. In the event the City determines that clarification of the Proposer's submittal is necessary, the Proposer shall be notified. Should the City be unable to negotiate an acceptable Lease/Purchase Agreement with highest ranked Proposer then the process described in this paragraph will begin with the second highest ranked Proposer. This process shall continue until a satisfactory Lease/Purchase Agreement is negotiated or until all negotiations with qualified ranked Proposers are exhausted. The City shall be the sole judge in determining, either prior to or after negotiations, when a proposal is deemed acceptable. Further, the City shall be the sole judge in determining when discussions or negotiations are to be concluded. Evaluation Criteria: The City of Lamar shall evaluate proposals based upon an overall best value determination  their most favorable proposal at the time established for receipt of proposals.  services specified under this RFP within the prescribed time.  with the criteria listed below in relative order of importance.  Interest Rate for Lease Term Additional Costs Associated with Lease Cityoflamar Preference  85 Points 51 Points 10 Points  Proposals will be opened at the City/sTreasurer's Office then presented to the appointed selection committee for evaluation. Selection willl be determined by the apparent capability of Proposer to meet all the requirements that best meet the needs of the City. In case of a tie, and at the City's discretion, those bidders with identical scores may be given an opportunity for a brief presentation of their bidder's qualifications. The decision of the City's selection committee shall be final and conclusive. Award will be by means of a written Notice of Award to the  selected Proposer. 1.4 Lease Payment Arrangements  Proposer shall provide lease/purchase loan amortization schedules for above with annual repayment The lease would be year-to-year subject to annual renewal by the City upon annual appropriation of required funds. If City does not renew the lease for any annual renewal term, the lease will terminate, City will surrender possession of vehicles and equipment and the City will have no further obligation thereunder. The City will have the option to purchase the vehicles and equipment during each one-year lease term for specified  installments. The first payment will be upon signing of lease purchase agreement.  purchase price minus previous years' lease payments with no pre-payment penalties.    1.5 Funding Date  The City expects to take the final award of the lease agreement to City Council on June 10, 2024. Lease  closing and funding willl be on or before. June 14, 2024. The City of Lamar reserves the right to accept or reject proposals.  1.6 Reserved Rights  1.7 Public Records/Confidential Information  Public Records  The Colorado Public Records Law, Colorado Revised Statutes Chapter 27, allows the openi inspection and copying of public records. Public records include any writing containing information relating to the conduct or administration of the public's business prepared, owned, used, or retained bya a State or local agency regardless of the physical form or character. The Cityi is aj public agency. Bids are publicr records and, except as noted below, willl be available fori inspection and copying by any person. Ifany Proposer/Bidder claims any material to be exempt from disclosure under the Colorado Public Records Law, the Bidder will expressly agree to defend, indemnify and hold harmless the City from any claim or suit arising from the City'srefusal to disclose any such material. No such claim of exemption willl be valid or effective without such express agreement. The City will take reasonable efforts to protect any information marked "confidential" by the Proposer, tot the extent permitted by the Colorado Public Records Law. Confidential information must be submitted ina separate envelope, sealed and marked "Confidential Information" and will be returned to the Proposer/Bidder upon position that it be treated as exempt from disclosure. Marking your entire Bid or Proposal as exempt is not acceptable ori in accordance with the Solicitation documents or the Public Records Law and will not be honored. it is understood, however, that the City will have no liability for disclosure of such information. Any questions regarding the applicability of the Public Records Laws should be addressed toy your own legal counsel PRIOR TO SUBMISSION. Any proprietary or otherwise sensitive information contained in or with any Bid/Proposal is subject to potential disclosure.  Confidential Information  request after the award of the contract. Include the specific basist for your  1.8 Taxes  The City of Lamar is exempt from Federal and State taxes for items purchased and used by the City. 1.9 Request for Clarification, Protest of Proposal Requirements, Standards, Specifications, or Any Proposer who wishes to request clarifications, or protest the requirements, standards, specifications or processes outlined ini this Request for Proposal may submit a written notification to the City Treasurer, to be received no later than noon, four (4) working days prior to the proposal opening date. The notification will state the exact nature oft the clarification, or protest, describing the location of the protested portion or clause in the Proposal document and explaining why the provision should be struck, added, or altered, and contain suggested corrections. The City Treasurer may deny the protest, require that the Proposal document be modified, modify the proposal, and/or reject all or part of the protest. Changes to these specifications will be made by written addendum. Verbal  Processes  responses will not be binding on the City ort the Proposer. Written requests are to be directed to: City ofL Lamar Attn: Kristin Schwartz, Treasurer 102 East Parmenter Street Lamar, Colorado 81052 E-mail: kristinschwartz@ci.lamar.co.us    1.10 Addenda to the RFP  If this RFP is modified byt the City Treasurer, the modifications willl be senti to each Proposeri in writing, either by fax, email, or mail. Verbal modifications are not binding on the City or the Proposer. No oral changes will be considered ora acknowledged. Proposers are requested to acknowledge each addendum received int their Proposal Response. A proposal may be modified or withdrawn by the Proposer prior to the set date and time fort the opening of  1.11 Modification and Withdrawal of Proposal  proposals. 1.12 Proposal Questions  Questions and responses of any one Proposer, which the City of Lamar deems may affect or cause an ambiguity in The City of Lamar may, by written notice to all respondents, cancel, postpone or amend the Request for Proposal amendments will require additional time for a response, the due date willl be extended to all participants. Ifrevisions and amendments are noti furnished to respondents prior to the due date, proposais shall be considered withdrawn and the process shall be re-initiated without further discussion.  proposal responses, will be supplied to all prospective Proposers by addendum. (RFP) prior to the due date. If, in the opinion of the City of Lamar, the revisions or  1.13 Protest of Contractor Selection or Contract Award  Proposers who disagree with the City'ss selection decision may protest that decision. Thej judgment used in the scoring by individual evaluators is not grounds for appeal. No protest because ofa solicitation provision, evaluation criteria, scope of work, specification or contract term that could have been raised as a Solicitation Protest willl be considered. The selection protest must be submitted in writing within seven calendar days of the Notice of Intent to Award. The protest shall be: submitted to  the City Treasurer: at the following address: Written protests are to be directed to: City ofLamar Attn: Kristin! Schwartz, City" Treasurer 102 East Parmenter Street Lamar, Colorado 81052 E-mail: instwarzPalanarso.s  1.14 The City of Lamar reserves the right to reject any and all proposals, to waive any irregularities ini the proposals received, and to accept the proposal deemed most advantageous to the best interest of the City of Lamar.  2.0TERMS AND CONDITIONS 2.1 Contract  The awarded Proposer will be expected to execute a contract with the City ofl Lamar.  2.2 Conflict of Interest this Agreement.  The awarded Proposer shall not hire any officer or employee of the City ofl Lamar to perform any service covered by The awarded Proposer affirms that to the best of his/her knowledge there exists no actual or potential conflict between the awarded Proposer'si family, business, or financial interests and the services provided under this Agreement, and int the event of change in either private interests or service under this Agreement, any question regarding possible conflict ofi interest which may rise as a result ofs such change will be raised with the City of Lamar. The awarded Proposer shall not bei inar reporting relationship to a City ofl Lamar employee who isa near relative, nor shall the near relative be in a decision-making position with respect to the awarded Proposer.  2.3 Non-Waiver    Waiver or non-enforcement bye either party of ai term or condition shall not constitute a waiver or non-enforcement ofany other term or condition or ofa any subsequent breach of the same or similar term or condition. Nothing in this Agreement is intended to make any person or entity that is not signatory to the agreement at third-party beneficiary of any right created by this Agreement or by operation of law. Ini the event of any action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing partys such reasonable amounts oft fees, costs and expenses, including attorneys' fees, as may be  2.4 No Third-Party Rights 2.5 Attorney's Fees set by the Court. 2.6 Applicable Law 2.7 Rejection of Proposals  The laws of the State of Colorado shall govern this agreement.  The City of Lamar may, at its sole option, reject any and all proposals, for any reason, and reserves the right tor re- solicit proposals ini the event no response to the RFP is acceptable to the City of Lamar. City of Lamar is in no way The City of Lamar reserves the right to accept or reject proposals on each item separately or the RFP as a whole, Proposals which are incomplete will be considered non-responsive to this solicitation and may be rejected without If, in the opinion of the City of Lamar, the solicitation does not result in reasonable prices to the City of Lamar, considering price and cost factors associated with the acquisition described herein, then all proposals shall be rejected. All participating respondents shall be notified of the rejection, the reasons for the rejection, and advised  obligated to any respondent fort the work as set forth in the specifications.  without further discussion. further consideration.  of the disposition of the requirement. 3.0 PROPOSAL FORMAT AND REQUIRED RESPONSES  The information set forth in the paragraphs below must be included with all proposals. Failure to provide any of thei information requested by these paragraphs may be grounds for the Cityt to reject a proposal.  3.1 Signature Page the City to reject a proposal. The letter must include: Scope of Services.  Signature Page must be completed and returned with the Respondersproposal. Failure to return is grounds for 3.2 Submittal Summary A letter providing the following information must be submitted with the proposal. 3.2.1 A statement of the Proposer's understanding of the service required by the Request for Proposal listed in the 3.2.2 The names of the persons who are authorized to make representations on behalf of the Proposer (include their titles, addresses, faxr number, e-mail addresses and telephone numbers). 3.2.3 A: statement that the individual who signs the transmittal letter is authorized to bind the Proposer to 3.2.4 As statement that the Proposer has included a complete amortization schedule for the Lease/Purchase Agreement, which reflects the payment dates, payment amount, principal portion, interest portion, and final  contract with the City ofl Lamar.    payment for each option.  3.2.5A A statement ensuring that the Proposer will not transfer or sell the lease to any other financial institution  or entity whose intenti is to provide financial. services.  3.2.6 A sample lease agreement form for the quoted option as specified in Section 1.4.  3.3 Disclosures  Ifapplicable, disclose any professional or personal financial interest, which could be a possible conflict of interest in providing products and services to the City. Ifnot applicable, please make a brief statement indicating that.  4.0 Fee Schedule Lessee: Acquisition: Total Finance Amount: with 1st payment being due at closing) Loan Closing Date: Base Term: Payment Frequency: Date of First Payment: Subsequent Payments:  Proposer shall provide thet following pricing information in the exact format with their proposal.  City of Lamar, a Municipal Corporation 1-2 2024 Ford Edge for the Library  not expected to exceed proposal from Tri-County Ford! $38,754 (5 equal payments  On or before. June 14, 2024 4-Years Annual At Closing  By June 14th of every year left for term  Additional Fees: Proposer understands that there will be no additional fees charged to the City to secure the lease agreement or toi initiate an Escrow account. Adding any additional fees may be reason for the proposal  to be rejected. Lessor: Type of Financing: interest Rate: Annual Payment Amount: Additional Information from Proposer necessary for evaluation of proposal:  Option 1) Tax Exempt - Bank Qualified Municipal Lease /Purchase Agreement    EXHIBITA  Equipment Schedule  Description 2024 Ford Edge Soles source from Tric County- Government! Discount Total amount financed with 15t being due at closing)  Vendor  Quantity Unit Price 1  Extended1 Total $38,754  $38,754 (5 equal payments  Project Grand Total  $38,754    SIGNATURE SHEET Please Print ort Type  Name of Business: GNBOnK NA Address: 04 S. ythst City, State, Zip Code: Lanar Co 8105a Phone No.: 719-336-438 E-Mail: heztorm@gn-lank. (om Federal Tax ID: 46-0337240 Signature: kwb Printed Name: Hector Modihez  Fax No.:  Date: Sloalay Title: AUP  Proposer Acknowledge Receipt of the Following Addenda:  Addendum No.  Date  The above signed proposes to provide services in accordance with the specifications for RFP 44-008 and to bind themselves, on the acceptance oft this proposal, to enter into and execute a contract, of which this proposal, terms The above signed acknowledges the rights reserved by the City to accept or reject any or all proposals as may appear to be ini the best interest oft the City. The undersigned further agrees, if awarded a contract, to execute and deliver the same to the City within five (5) working days after receipt of an executed  and conditions, and specifications will be part.  contract and to submit there with all required insurance certificates.    Knskn Cops  Edge 444 onlvy  Seads 5  Cord  Preview Order 0329- -K4G AWDSE: Order. Summary Time of Preview: 03/29/2024 12:21:15 Receipt: 3/29/2024  Dealership Name: Tri-County Ford Dealer Rep. Customer Name DESCRIPTION K4GOE EDGE AWD-SE TOTAL BASE VEHICLE OXFORD WHITE CLOTH BUCKET SEATS EBONY EQUIPMENT GROUP 100A SE .18". SPARKLE SLVR PTD ALUM WHL TWIN-S SCRL 2.0LE ECOBOOST ENG 8-SPD AUTO TRANSMISSION TOTALI BASE ANDOPTIONS DISCOUNTS TOTAL  Sales Code: F56470 Order Code 0329 Price Level 425  David Lawrence city ofl lamar  Type Priority Code D4  Fleet  Vehicle Line Edge Model Year 2024  MSRP DESCRIPTION $38465 245/60R18 A/SBSW1 TIRES $38465 TIRE INFT/SLNT KIT NOS SPRI INC $0 SOSTATEE EMISSIONS $0 FRONTL LICENSE PLATEE BRACKET $0 SPECIAL FLEET ACCOUNT CREDIT $0 FUEL CHARGE $O PRICED DORA 50 ADVERTISING ASSESSMENT $0 DESTINATION. & DELIVERY  MSRP $0 $o $o $0 S0 $0 $0 $0 $1495  $0  MSRP $39960 NA $39960  ORDERING FIN: QB845 ENDUSERFN:QBB45  G)  Customer Name: Custamer Address:  Customer Email: Customer Phone:  Customer Signature  Date  This order has not been: submitted: to the order bank.  This is not ani invoice.  G:  ub    Agendal ItemNo. 6 Council Date: 06/10/2024  LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY  ITEM TITLE: Approval ofLease Agreement with Aqua-holics Rentals. LLC  INITIATOR: Kristin Schwartz & Anthonyl LaTour CITY ADMINISTRATORS REVIEW: ACE ACTION PROPOSED: Approve Lease Agreement with Aqua-holics Rentals. LLC and Allow the STAFF INFORMATION SOURCE: Robert Evans. Kristin Schwartz. Anthony LaTour  Mayor To Sign the Agreement BACKGROUND:  The City ofI Lamar owns the metal building located by pond 3 (Bast Pond) and! has leased the building to Aqua-holics Rentals, LLCI for thej past 2years. Aqua-holics Rentals, LLCisal local business thats sells, rents and] leases non-motorized watercrafts, including kayaks, canoes andj paddleboats. They also sell livel bait for  fishing and concession items such as soft drinks and snacks.  RECOMMENDATION: Approve the Lease Agreement with Aqua-holics Rentals, LLC and allow the  Mayor to sign.    LEASE AGREEMENT  This Lease Agreement is made this 7847 State Highway 196, CO 81052, "Lessee".  day of May, 2024, between the City of  Lamar, Colorado a Home Rule Municipal Corporation, whose address is 102 East Parmenter Street, Lamar, Colorado, 81052, "Lessor", and The Aqua-holics Rentals LLC,  WHEREAS, Lessori is the owner oft the Valco Ponds or North Gatéway Park Ponds, inl Lamar, Colorado, 81052 (hereinafter called and referred to as the ("Premises"), and WHEREAS, Lessee is desirous of leasing the building built by the Lessor located at5 Valco Road, Lamar, CO 81052 ("Building")t toi run their business operation out ofs said Building, near thet two most easterly ponds ont the Premises for aj period oftime as described  herein, and  WHEREAS, Lessee owns The. Aqua-holics Rentals LLC, al business operation that includes sales, rentals and leasing non-motorized watercrafts; rentals of kayaks, canoes, and paddleboats; and the sale of live bait for fishing, and concession items such as soft  drinks and snacks; and  WHEREAS, all parties are desirous of setting forth all of their respective rights, NOW,THEREFORE, that for andi in consideration oft thei following acts, covenants, 1. DESCRIPTION OF LEASED PREMISES. Lessor, for the consideration of the payment of various rental payments and covenants hereinafter set forth, does hereby lease, let and rent unto Lessee, and Lessee does hereby lease, let and rent from Lessor the Building located and situate on land commonly known as 5 Valco Road, Lamar, CO 81052 shown more specifically on the map attached hereto and incorporated herein by reference as Exhibit' "A". Lessee shall be permitted tol lease said Building for the purpose of operating the Lessee's business.  duties, responsibilities and privileges and reducing the same to writing, conditions, doings and things all parties agree to as follows, to-wit:  2. TERM. The term of this Lease Agreement shall be for six months, beginning on May 1,2024 and ending on October 31,2024, and upon approval oft the Lessor and shall be renewed annually for a period from May 1 to October 31 each year. This Lease may be terminated by Lessor or Lessee at any time with thirty (30) days  written notice prior to termination.  3. RENT.Lessee shall pay Lessor the following rent:  a. Rent shall bej paid by Lessee tol Lessor on1 the first day ofeach month starting May 1, 2024 at the full rental rate of One Hundred and Seventy-Five and 00/100 Dollars ($175.00) per month until the term of the Lease expires on October 31, 2024 (six months). Lessee shall have a grace period until the fifth day of each month before the rent becomes delinquent and Lessee shall pay a late rent charge ofTwenty-Five and NO/100 Dollars ($25.00) if the rent is not paid by the fifth day of each month. In the event Lessee holds    over under this Lease with Lessor's consent, this Lease shall become a month-to-month Tenancy under the same terms and conditions as set forth b. All payments of rent owed to Lessor shall be paid to Lessor at Lessor's address set forth above or as may be otherwise directed by Lessori in writing. Lessor shall have the right to inspect the Building for any purpose at any reasonable time, with written notice being provided at least 24 hours in d. Failure toj pay any amounts when due, unless agreed tol by thel Lessor, within ten days from the date of such default, shall result in an interest charge on said due but unpaid amounts at the rate of21% per annum.  int this Lease.  advance ofa any request.  4. PEACEFUL POSSESSION. Lessee agrees to pay the rental as provided for herein and perform the conditions and covenants contained in this Lease Agreement, and shall and may peaceably and quietly have, hold, and enjoy the Building for the stated term, and at the end or other expiration of the term shall deliver up the Building in good order or condition, normal wear and tear excepted. 5. PURPOSE. Lessee agrees to take good care of the Building and Premises and to use the Building only in the operation oft the business' purpose to sell, Lease and rent business for non-motorized watercrafts; rent business for kayaks, canoes and paddleboats; and sell live bait for fishing and concession items such as soft drinks and snacks. Lessee agrees not to use or permit the Building or any part of the Building to be used for any other purpose without the prior, express, and written consent ofLessor. Lessee. shall be permitted tol lease out non-motorized watercrafts for the use on the two most easterly ponds shown on the Exhibit "A" map. Lessee understands and agrees that the non-motorized watercrafts shall not be used on the 6. COMPLIANCE WITH LAWS. Lessee, at Lessee's own cost and expense, shall promptly comply with all laws, orders, and regulations of federal, state, county, municipal, and township authorities and comply with all safety regulations and requirements with the Colorado Division of Wildlife, and with any direction ofany public officer or officers pursuant to law that shall impose any regulation, order, or duty on Lessor or Lessee with respect to the Building or the use and occupation of the Building as part oft the operation ofthe rental operations oft the business.  most westerly pond.  7. DEFAULT. BYLESSEE.  a. IfLessee shall default in any of the terms and conditions of this Lease Agreement, orifthel Lessee'st business location is notl kepti in good operating condition, or ifLessee abandons the property, then, in any one or more of such events, on the Lessor serving a written 30 days' notice on Lessee specifying the nature oft the default, and on the expiration of such 30 days, ifLessee shall have failed to comply with or remedy the default or if the default cannot be completely cured or remedied within such 30 days and if Lessee has not diligently commenced curing the default within such 30 day period and shall not with reasonable diligence and in good faith proceed to remedy the default, then Lessor may serve a 10 day notice of cancellation    oft this Lease Agreement on Lessee. On the expiration oft the notice period, this Lease Agreement and its term shall end and expire as fully and completely asifthe date ofexpiration oft the 10 day period was the day fixed int this Lease Agreement for the end and expiration ofthel Lease Agreement. Lessee shall then quit and surrender the Building tol Lessor. b. IfLessee shall default in the payment of any amounts due, as provided in this Lease Agreement, then Lessor may, on 10 days' written notice, reenter thel Building either by force or otherwise and dispossess Lessee by summary proceedings or otherwise andi remove Lessee'seffects: and holdi thel Building as if this Lease Agreement had not been made. Lessee waives service of notice ofi intention to reenter or institute legal proceedings to that end.  8. MAINTENANCE, IMPROVEMENTS,ALTERATIONS AND REPAIRS.  a. There will be no improvements or alterations to any oft the Building without the express written permission of the Lessor. When improvement or alterations are requested permission or denial shall be granted within a reasonable time. Ifrepairs are: necessary to maintain the working conditions ofthe Buildingi itselfa and arei time sensitive: so as to constitute an emergency, the improvement may be made without prior written permission, provided that reasonable attempts shall be made by Lessee to verbally notify Lessor b. Lessor shall be responsible for all maintenance and repairs oft the Building unless damages are caused by Lessee's negligence or intentional conduct. C. Lessee will be responsible for all maintenance and repairs on all rental equipment and non-motorized watercrafts and all other assets owned by the d. Lessee shall notify the Lessor in writing, in at timely manner ofany damages or necessary building maintenance or known safety issues with the Lessee shall keep the Lessee's] Building in good working order and Lessee further agrees to keep the Building and all parts of the Premises near the Building in a clean and sanitary condition, free from: inflammable materials, Thel Lessor shall be given and shalll have at all times a current key for access to all areas ofBuilding, including any airo conditioning units, furnace rooms, electrical breaker box area and all other areas sO it can have access to all areas in case of emergency.. Failure to provide such access limiting Lessor's ability to minimize or limit damages to the Building will result in the Lessee, its managers, employees, successors and/or assigns to be responsible for any and all structural damage, personal liability claims, and property damage that may result by reason of non-access to the area.  and to obtain verbal permission.  Lessee.  Premises.  trash, litter, dirt, debris, and obstructions.  9. LIABILITY OF LESSOR. Lessor shall not be responsible fori the loss of or damage to property or injury to persons, occurring in and about the Premises, by reason of any existing or future condition, defect, matter, or thing in or on the Building or the    property of which the Premises are aj part, or for the acts, omissions, or negligence  of other persons in and about the Building. 10. LIABILITY INSURANCE.  a, Lessee agrees toi indemnify Lessor from all claims andl liability for losses of or damage to property or injuries to persons occurring in or about the Premises by reasons ofLessee's operations or in its control. b. Lessee, at Lessee's own cost and expense, shall procure liability insurance covering Lessee against any and all actions, suits, damages, loss, claims, and judgments arising out of or that may be suffered by any persons engagement with Lessee's business operation. Such policy shall name Lessor as additional insured. A certificate of such insurance shall be immediately furnished tol Lessor by Lessee on execution ofthis Agreement. Lessee shall maintain adequate public liability insurance upon the Building and Premises, to insure the prompt payment ofanyj judgment caused by the  negligence ofthe Lessee.  11. WAIVER.  a. The receipt by Lessor oft the rent from Lessee with knowledge ofal breach of any covenant of this Lease Agreement shall not be deemed a waiver of the breach, provided that the provisions of Section Seven of this Lease b. No provision of this Lease Agreement or any of the agreements covering the rental of the non-motorized watercraft shall be deemed to have been waived by Lessor unless the waiver isi in writing and signed by Lessor.  Agreement are complied with.  12.NO WAIVER OF IMMUNITY. No term or condition of the Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental 13. UTILITIES. Lessee shall promptly pay the expenses for its telephone service and sewer expenses. Lessor will pay all electricity and water expenses. 14.CONDUCT. To never permit nor suffer any disorderly conduct, noise of nuisance whatever about the premises having a tendency to annoy or disturb any persons 15.INSPECTION BY LESSOR. Lessor shall have the privilege of inspecting the Building at reasonable times during the duration of this Lease Agreement and any and all extension' and renewals by giving Lessee 24 hours prior written notice of the inspection unless an emergency exists upon which no notice is required. 16.I LESSEE'S BANKRUPTCY. If at any time during the term of this Lease Agreement Lessee shall make any assignment for the benefit of creditors or be decreed insolvent or bankrupt according to law ori if a receiver shall be appointed forLessee, then Lessor may, at the Lessor's option terminate thisl Lease. Agreement,  Immunity Act, C.R.S. $8 24-10-101, et seq.  occupying adjacent premises.    the exercise of such option to be evidenced by notice to that effect served on the assignee, receiver, trustee, or other person in charge of the liquidation of the property ofLessee or Lessee's estate. Such termination shall not, however, relieve or discharge any payment of rent payable under this Lease Agreement and then accrued or any liability then accrued by reason of any agreement or covenant contained in this Lease Agreement on the part of Lessee or Lessee's legal 17.VENUE. Any dispute arising under this Lease Agreement that cannot be settled by the parties shall be settled by filing an action in the District or County Court for Prowers County Colorado, whichever court has appropriate jurisdiction. 18.NOTICES. Service of any notice required or agreed to be given under this Lease Agreement shall be sufficient if sent by certified or registered mail addressed, if given by Lessor, to Lessee at the Building or, if given by Lessee, addressed to 19. EXCLUSIVITY. The foregoing rights and remedies are not intended to be exclusive but are in addition to all rights and remedies the parties would otherwise 20. SUBLEASING. Lessee expressly agrees that Lessee shall not lease, sublease or assign all or any portion oft this Agreement to any third parties, without the written 21. BINDING EFFECT. All oft the terms and conditions ofthis Lease Agreement shall inure tot the benefit ofand be binding on the respective heirs, executors, successors, 22. GOVERNING LAW. This Lease Agreement shall be governed by, construed, and 23. ATTORNEY'S FEES. Ifany action is filed ini relation tot this Lease. Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the 24. ENTIRE AGREEMENT. This Lease Agreement shall constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding the date of thisLease Agreement shall not be binding on either party 25. MODIFICATION OF AGREEMENT. Any modification of this Lease Agreement ora additional obligation assumed by either party in connection with this agreement shall bel binding onlyi ifevidenced in a writing signed by each party or an authorized 26. COUNTERPARIS. This Lease Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which  representative.  Lessor's address above set forth.  have by law.  consent oft the Lessor first being had and obtained.  and assigns ofLessee and Lessor.  enforced in accordance with the laws oft the State of Colorado.  attorey's fees of the successful party.  except to the extent they are incorporated ini this Lease.  representative of each party.  together shall constitute but one and the same instrument.    IN WITNESS WHEREOF, thej parties hereto have executed this Lease. Agreement  as oft the date first above written.  THE. AQUA-HOLICS RENTALS  LLC  Taylor Diane Wertz, Member CITY OFI LAMAR  Kirk Crespin, Mayor    AgendaltemNo. 7 Council Date: 06/10/2024  LAMAR CITY COUNCIL AGENDAITEM COMMENTARY  ITEM TITLE: Approval ofIntergovermental Agreement with Lamar Community College for Facilities INITIATOR: Kristin Schwartz & Anthony LaTour CITYADMINISTRATORS REVIEW: ALE ACTION PROPOSED: Approve Intergovernmental Agreement with LCC and Allow the Mayor to Sign STAFF INFORMATION SOURCE: Anthony LaTour. Robert Evans and Kristin Schwartz  Use  BACKGROUND:  The City ofLamar enters into an Intergovemmenta. Agreement each year for the use oft the City ofLamar facilities. The agreed amount of $16,500 has been being paid by the College since 2015. This year the Parks and Recreation Director, along with the City Administrator re-negotiated the amount to include the use oft the soccer fields at Escondido Park. All parties agreed upon $19,500.00 to begin this year. RECOMMENDATION: Approve the intergovermmental Agreement with LCC for the use of City  facilities and allow the Mayor to sign.    INTERGOVERNMENTALAGREEMENT  TIISAGREMENTmaAe and enteredi intot this  dayof_  2024, ,by  and! betweent the CITYOFLAMAR, al Home. Rule Municipal Corporation (hereinafter referred toas" "City"), and the STATE OF COLORADO, Department ofHigher Education, by the State Board for Community Colleges and Occupational Education for the use and benefit ofLamar  Community College (hereinafter referred to as "College").  WHEREAS, the City and College desire to enter into this Agreement: in order to set forth their respective rights and obligations concerning the use of City facilities by College and the  use ofCollege facilities by City; and  WHEREAS, the parties are authorized to enter into Intergovernmental Agreements to NOW,THEREFORL, inc consideration oft the mutual promises contained herein, City and  provide for use ofany facility as provided in $29-1-203, C.R.S.;and  College agree as follows:  1.  CityofLamar Facilities  1.1 City grants unto College, and College accepts ofCity, a non-exclusive license to usel Merchant's Park Complex, Escondidol Practice and Game Field, Citizens Field, and Indoor Batting Facility (the "City's Facilities") upon the terms and conditions set forth in this agreement. The College shall have first priority int the use ofthel Escondido Practice and Game Field. The College shall not use the Escondido Youth Fields for practice or otherwise, absent express permission from the Lamar Recreation Department/Facilties Manager.  1.2 The within license to use City facilities by College shall commence on July 1, 2023, and shall terminate, without notice, uponJune 30, 2026, PROVIDED, HOWEVER, that it is the intention and contemplation of the parties hereto to thereafter renew the Agreement for successive terms to be negotiated between the parties, with College being hereby put on  notice that such renegotiation is to be expected.  1.3 College shall pay unto City Nineteen Thousand Five Hundred Dollars ($19,500.00) per year for use ofthel Ballpark Complex as partial consideration for the within license to use City facilities, which payment shall be performed on or before December Istof  each year for which this agreement is in effect.  1.4 City grants unto College and College accepts of City a license for the exclusive use of the City's Indoor Batting Facility. College will be responsible for the care, management, scheduling and maintenance ofthe Facility. College shall pay unto City the sums of the yearly property and casualty and liability insurance premiums on thej facility and College will pay the deductible amount on any claims paid under the policies.  1.5 Itist the understanding and intent of City and College that the payment provided for in this agreement constitutes a current expense of College payable exclusively from    College'scurrent: fiscal budget and shall noti in any way be construed to be a general obligation indebtedness of College or any agency or department thereof within the meaning of any provision ofSections 12,34,or5,otArticle XIand Section 20 ofArticle X oft the Colorado Constitution, or any other constitutional or statutory limitation or requirement applicable to College concerning the creation of indebtedness. It is understood between the parties that College may not and will not pledge the full faith and credit oft the College, or any agency or department thereof, to the payment of any charges hereunder, nor will College, directly or contingently, obligated itself or any agency or department thereof to apply money from, or levy or pledge any form of taxation to, any payment or obligation necessary for the performance ofthis agreement. With such limitations ini mind, College contracts top provide the payment provided for in this contract and has reason to believe sufficient funds will be available for the full performance ofthis agreement. Where, for reasons beyond the College's control, College's budget does not make available funds to continue this agreement and such failure of available funds does not result from any act or failure to act on the part of College,  College will not then be obligated hereunder.  1.6 College and City further understand and agree that the only funds that have or may be sO available for payment of any obligation under this agreement in any one particular fiscal year are for the purpose and in an amount sufficient only to pay said obligations. Therefore, notwithstanding anything herein to the contrary, the payment by College of any other charges, liabilities, costs, guarantees, waivers, and any awards thereon of any kind pursuant tothis agreement against College are contingent upon funds for such purpose(s)being appropriated, budgeted or otherwise: made available through the College's budget process. 1.7 College and City shall mutually determine schedules of use of City'sfacilities, itb being expressly acknowledged that except for the Indoor Batting Facility, City's facilities are utilized by other users, and that the subject premises are not exclusive to College. Nevertheless, being one oft the primary users of said facilities, College will, where possible, receive priority consideration ini matters ofs scheduling the Merchant' s Park and softball field facilities, and especially concerning routine and annual College events, prior to City'sb booking the facility to other users. It is expressly understood that, due to the multiple demands on the use of the facilities, City shall facilitate regular meetings with frequent users to negotiate  shared use days and times.  1.8 College shall be responsible for adequate supervision of all participants and 1.9 College and City recognize and acknowledge that College's use of City's Facilities, except for the indoor. Batting Facility, will not be exclusive to College during any particular College event scheduled, and that persons not participating in College's scheduled event will be upon City's premises and facilities during College-sponsored events. Recognizing such non-exclusive use by College, College shall nevertheless be responsible for any and all damagesi inflicted upon City facilities, which damages,ifany,: are directly attributed to College' 's use ofsaid facilities by participants or spectators of College's scheduled events, or to College's failure of adequate supervision of participants or spectators attending  spectators upon City's facilities during College events.    College's events within said facilities. College's use of said facilities shall be conducted in accordance with all of City's rules, regulations, and ordinances existing for proper conduct upon and within said: facilities, and for proper care and maintenance oft the same.  1.10 College shall make no use ofsaid facilities which is contrary toj public policy or the laws, rules, and regulations of the City of Lamar, the State of Colorado, or the United  States of America.  1.11 College shall be entitled to establish, collect, and retain the entirety of any 1.12 College shall be allowed to sell merchandise items upon City's facilities during 1.13 Iti is expressly understood that City's facilities are subject to closure on most regular business holidays throughout the year, and that City's facilities may not be available  admission fees or charges established in respect ofCollege's use ofsaid facilities.  College'sevents.  for use during holiday closures.  1.14 Toi the extent allowed by law, College shall indemnify and hold harmless City, it's officers, agents, and employees, from all loss, cost and expense arising out of any liability, or claim of liability, fori injuries to persons or property sustained or claimed to have been sustained by any person or entity, by reason of College's use or occupation of these facilities pursuant to the liçense granted herein, whether such use is authorized or not, or by any act or omission of College or any ofit'sofficers, agents, employees, guests, patrons, or invitees, it being expressly acknowledged that College's use and occupancy of said facilities, for events of all types  sponsored by College, are subject to the: sole control and direction of College.  1.15 To the extent allowed by law, the indemnity and hold harmless clause hereinabove set forth is not intended, and shall not extend to, claims for personal injury or property damage arising from latent or patent defects in City's premises, or any other dangerous condition thereof not subject to or within the control of College.  2. Lamar Community College Facilities  2.1 As additional consideration for College's use of City facilities, College grants unto City, and City accepts of College, a license to use facilities at the Lamar Community  College upon thei terms and conditions set forth in this agreement. 2023, and shall terminate, without notice, upon. June 30, 2026.  2.2 The within license to use College facilities by City shall commence on July 1,  2.3 City'suseofCollege facilities shall be at no charge to City.  2.4 It is the understanding and intent of City and College that any expenditure associated with City's use of College's facilities constitutes a current expense ofCity payable    exclusively from City's current fiscal budget and shall not in any way be construed to be a general obligation indebtedness of City or any agency or department thereof within the meaning of any provision of Sections 1,2,3, 4, or 5, ofA Article XI and Section 20 of Article X ofthe Colorado Constitution ("TABOR"), or any other constitutional or statutory limitation or requirement applicable to City concerning the creation of indebtedness. It is understood between the parties that City may not and will not pledge the full faith and credit oft the City, or any agency or department thereof, to any expenditure associated with City's use of College's facilities, nor will City, directly or contingently, obligated itself or any agency or department thereof to apply money from, or levy or pledge any form of taxation to, any payment or obligation necessary for the performance oft this agreement. With such limitations inm mind, City contracts for use ofCollege' 's facilities with any associated expenditure and has reason tol believe sufficient funds will be available for the full performance oft this agreement. The Parties do not intend to violate the terms andi requirements OfTABOR by the execution oft 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 OfTABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Agency are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Agency's current fiscal period ending on December 31 of the current year and December 31 of each year thereafter. Upon the failure to appropriate such funds, this Agreement shall be  terminated.  2.5 College and City shall mutually determine schedules of use of College's facilities, it being expressly acknowledged that College's facilities are utilized by other users,  and that the College's facilities are not exclusive to City. spectators upon City's facilities during College events.  2.6 College shall be responsible for adequate supervision of all participants and 2.7 College and City recognize and acknowledge that City's use of College's facilities will not be exclusive to City during any particular City event scheduled, and that persons not participating in City's scheduled event will be upon College's premises and facilities during City-sponsored events. Recognizing such non-exclusive use by City, City shall nevertheless be responsible for any and all damages inflicted upon College facilities, which damages, if any, are directly attributed to City's use of College's facilities by participants or spectators of City's scheduled events, or to City's failure of adequate supervision of participants or spectators attending City's events within College's facilities. City's use of College's facilities shall be conducted in accordance with all of City's rules, regulations, and ordinances existing for proper conduct upon and within said facilities, and for  proper care and maintenance ofthe same.  2.8 City shall make no use ofsaid facilities which is contrary to public policy or the laws, rules, and regulations ofthe City ofLamar, the State of Colorado, or the United States  of America.  2.9 City yshall bee entitled to establish, collect, andi retaint the entirety ofany admission    fees or charges established ini respect of City's use ofs said facilities.  2.10 City shall be allowed to sell merchandise items upon College's facilities during 2.11 Itis expressly understood that College's facilities are subject toj periodic closure throughout the year, and that College's facilities may not be available for use during closures. 2.12. To the extent allowed by law, City shall indemnify and hold harmless College, it'sofficers, agents, and employees, from all loss, cost and expense arising out ofany liability, or claim of liability, for injuries to persons or property sustained or claimed to have been sustained by any person or entity, by reason of City's use or occupation of these facilities pursuant to the license granted herein, whether such use is authorized or not, or by any act or omission ofCity or any ofit's officers, agents, employees, guests, patrons, ori invitees, it being expressly acknowledged that City's use and occupancy ofsaid facilities, for events ofallt types  City's events.  sponsored by City, are subject to the sole control and direction of City.  2.13 To the extent allowed by law, the indemnity and hold harmless clause hereinabove set forth is not intended, and shall not extend to, claims for personal injury or property damage arising from latent or patent defects in College's premises, or any other  dangerous condition thereofnot: subject to or within the control of City.  3. Merchant's Park Grounds keeping  3.1 As additional consideration for College's use of City facilities, College shall perform. the grounds keeping at Merchants' Park as set forth herein. The parties acknowledge that this consideration places additional financial responsibility on College.  3.2 College's within obligation to perform grounds keeping at Merchant's Park shall commence onJuly 1,2023 and shall terminate, without notice, upon June 30, 2026. 3.3 College shall not be entitled to any additional compensation for its grounds 3.4 College's obligation to perform grounds keeping at Merchant's Park shall  keeping obligation.  include the following tasks:  a. b. C.  Field preparation - including chalking, dragging, raking, watering, installing ofs sod, and any other field maintenance deemed necessary by the Twrfmanagement including mowing, trimming, weed control, edging, aerating, powerraking: and any otherturfmaintenance: deemed necessary Irrigation system management- - including trouble-shooting ori irrigation system, adjusting ofs sprinkler heads, helping to replace sprinkler heads, assisting in the watering schedule, winterization and activation of  City. by the City.    sprinkler system. by City.  d. e.  Building maintenance including janitorial work in rest rooms and the press box area and any other building Maintenance deemed necessary Sanitation - including trash pickup of entire facility, sweeping ofs side walk areas, and washing out under bleacher area. Regular trash pick upi is currently in place, however, if additional trash pick up is needed, then scheduling will be made through thel Parks and Recreation Department. All ohermaintemameregucsed by Cityconcerning the daily use and up-  f.  keep ofl Merchants Park.  3.5 City shall furnish to College the following:  a. b. C. d. e. f. g. i. j. k.  Control Budget for supplies. Proposed budget plan forl Merchant's Park. Schedule for fertilization. Schedule for watering. Schedule offacility usage. Oversight of concession stand operation.  Assistance with trash collection between May 1st and August 30th. h. Assistance, with advanced planning, in any area that is needed. Assistance in operation of City-owned equipment (excluding dragging  and mowing.  Maintenance of City-owned equipment. Winterizing the building at Merchant's Park.  3.6 Iti is expressly recognized that College, its designee or representative are performing hereunder as an independent contractor, subject to the following understandings,  agreements and standards:  a. b. C.  City does not require College or its designee or representative to work City provides materials, only, pursuant to this agreement, but City shall not oversee the actual work or instruct College, its designee or City shall not terminate the work of College, its designee or representative during the contract period unless College, its designee or representative violates thet terms and conditions ofthe within agreement, orf fails to produce an overall contract result that meets the specifications City shall provide no training or funds for training for College, its City shall not provide tools or benefits other than those set forth in this City shall not dictate thei time ofCollege, its designee or representative's performance, except that College, its designee or representative shall consultv withi thel Director ofthel Lamar Parks and Recreation Department  exclusively for the City.  representative as to how the work will be performed;  ofthe City;  d. e. f.  designee or representative;  agreement to College, its designee or representative.    to establish mutually agreeable work hours.  g. The business operations of College, its designee or representative shall remain, in all aspects, separate and distinct from City's business College, its designee or representative hereunder are not entitled to workers' compensation benefits, and College, its designee or representative is obligated toj pay Federal and State Income' Tax on any  operations; and  h.  sums earned pursuant to the within agreement.  3.7 College shall provide to City evidence ofitss self-insurance status encompassing 3.8 College, its designee or representative shall perform hereunder in conformity with usual and prevailing standards of craftsmanship and workmanship in the community of  coverage oftl the scope ofwork to be performed pursuant to this agreement.  Lamar, Colorado, and on a timely basis.  3.9 Tot the extent allowed by law, College agrees to indemnify and hold! harmless City, its officials agents, and employees, against any and all actions or claims of any nature arising out of personal injury or property damage suffered by any person, whatsoever, in connection with  College ori its designee's performance hereunder.  4.  Miscellaneous Provisions  4.1 Notwithstanding any other provision oft this agreement to the contrary, no term or condition ofthis agreement shall be construed ori interpreted as a waiver by College or City ofany provision ofthe Colorado Governmental Immunity Act, $ 24-10-101, et seg., C.R.S., as now or hereafter amended and $ 24-30-1501. et seq., C.R.S., as now or hereafter amended. Any provision of this agreement whether or not incorporated herein by reference, shall be controlled, limited andolherwisemodifieds sO as to limit any liability ofthe parties to the above  cited laws.  4.2 The spokesperson and responsible party on behalf of City in respect of all communications and matters set forth hereinabove shall be the Director of Parks and  Recreation.  4.3 The spokesperson and responsible party on behalf ofCollege in respect of all communications and matters hereinabove set forth shall be College's Director of Athletics. 4.4 Whenever a notice is either required or permitted to be given, it shall be given in writing and delivered personally, or delivered by the postal service, certified mail, return receipt requested, to the other party at the address indicated below or at such other address as may be  designated by either party: TOTHE CITY: City ofLamar  TOTHE COLLEGE: Lamar Community College    Attn: City Administrator 104 East Parmenter Lamar, CO 81052  Attn: President 2401 South Main Lamar, CO 81052  4.5 In the event either party should fail or refuse to perform according to the terms ofthis Agreement, such party may be declared in default thereof. Int the eventaparty has been declared in default hereof, such defaulting party shall be allowed aj period oftwenty (20) days, from receipt of notice ofs said default from the non-defaulting party, within which to cure said default. In the event the default remains uncorrected, the non-defaulting party may elect to: (a) terminate this Agreement and seek damages; (b) treat this Agreement as continuing and require specific performance; or (c) avail itselfofany other remedy at law or equity.  4.6 Intheevent either party'sf facilities arei rendered unusable or unfit by fire or other casualty, the parties agree that this agreement shall be suspended until such time as the  facilities again become available for use  4.7 Neither City nor College may assign any rights or delegate any duties under this 4.8 This writing constitutes the entire agreement betweeni thej parties and shall inure 4.9 This Agreement shall constitute the entire agreement of the parties. Covenants orr representations: not contained int this Agreement shall not be binding on the parties. 4.10 This Agreement shall be governed in all respects by the laws of the State of Colorado. Ini the event any provision ofthis Agreement shall bel held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render  Agreement without the written consent of the other party. to the benefit of their respective successors and assigns.  unenforceable any other provision of this Agreement.  4.11 In the event that either party shall default under any of the provisions of this Agreement and the non-defaulting party shall commence litigation to enforce this Agreement, the defaulting party shall be liable for all costs, expenses and reasonable attorneys' fees incurred by  the non-defaulting party concerning such litigation.  IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year  first above written.    CITYOFLAMAR, COLORADO, A Home Rule Municipal Corporation  The State of Colorado, Department ofH Higher Education, by the State Board For Community Colleges and Occupational Education, for the use and benefit OfLAMAR COMMUNITY COLLEGE  By:  By:  Kirk Crespin, Mayor  Rosana Reyes, President  ATTEST: By:  Linda Williams, City Clerk    Agendal ItemNo. 8 Council Date: 06/10/2024  LAMAR CITY COUNCIL AGENDAITEM COMMENTARY  ITEMTITLE: Approval of Agreement withJVA Consulting Engineers for Fishing is Fun Grant Consulting INITIATOR: Kristin Schwartz & Tess Camp CITY ADMINISTRATORS REVIEW: R4B ACTION PROPOSED: Approve Agreement with. JVA for Consulting Services for CPW-F Fishingi is STAFF INFORMATION SOURCE: Robert Evans. Anthony LaTour. Kristin Schwartz and Tess Camp  Fun Grant Design and Installation of Fishing Dock and Cleaning Station  BACKGROUND:  The City ofLamar was awarded the 20241 Fishing is Fun Grant from the Colorado! Parks & Wildlife on May 3,2024. The Grant willl be used to construct ai fishing dock ont the middlej pond and] North Gateway Park and toi install ai fish cleaning station. The Cityi is intending to contract with. JVA Consulting Engineers to design  the dock and assist with the installation oft the Fishing Dock.  RECOMMENDATION: Approve thel Letter of Agreement withJVA Consulting Engineers to assist with the design and installation ofnew fishing dock atl North Gateway Ponds and Allow the Mayor to Sign.    JVA, Incorporated 13195 Spruces Street Boulder, CO8 80302 303.444.1951 info@jvalva.com www.ajva.com  SMar COWSULTING ENGINEERS May 23, 2024 City ofLamar 102 E Parmenter St Lamar, CO 81052  Mr. Anthony LaTour, Director of Parks, Recreation and Cemeteries  Reference: Lamar Fishing Dock  Letter Agreement for Structural and Civil Engineering Services  Dear Anthony,  JVA, Inc. (JVA) is pleased to present this letter agreement to the City ofLamar (City) for civil and structural engineering services related to the design ofa fishing dock and related site paving.. JVA understands that al budget of $160,000 is available to cover engineering and construction costs for this project and has primarily been funded by a Colorado Parks and Wildlife (CPW) Fishing Is Fun (FIF) grant awarded to the City. Based on recent discussions with the City, JVA anticipates a reduced scope relative to our initial opinion of probable cost (OPC) from February 13,2024. The reduced scope is to design aj project within the available grant budget. The goal of the project is to provide an accessible dock, accessible pathway tot the dock, and accessible parking.  SCOPE OF WORK  The scope of services below is based on our understanding of the project desires and grant requirements. The general project scope consists of design of a new fishing dock and associated civil sitei improvements that consist ofa accessible sidewalks, ADA accessible ramps, paved parking  area, and site grading.  Task 1-1 Project Kick-off and Design Scoping  1. JVA will attend the initial kick-off meeting, inj person, with the City to discuss the scope ofwork and conditions oft the grant received by the City for this project. 2. JVA will visit the project location after the kick-off meeting, review dock construction options, and discuss issues related to an existing floating dock that the City owns. 3. JVA will review available information, including existing surveys, studies, and reports to determine what additional information may be necessary for design of the new dock and  site work. Task2-Preliminary Design  4. JVA will prepare a preliminary cost analysis memo comparing a fixed height dock and a floating dock. JVA will then proceed with preliminary design of the City's selected 5. JVA will assess the existing site conditions in the field and review the topographic survey prepared by the City's surveyor. Topographic survey and private utility locates are not  alternative.  included as part ofthis scope.  BOULDER FORT COLLINS WINTER PARK GLENWOOD SPRINGS DENVER    BMr CONS SULTING ENGINEERS  Lamar Fishing Dock Project  5/23/2024 2of3  6. JVA will solicit quotes from 2 geotechnical firms for the City to review and assist with a recommendation. The geotechnical engineer willl be directly contracted witht the City. This 7. JVA will prepare preliminary design plans. Two virtual team coordination meetings are  item may not be required with a floating dock alternative. anticipated to discuss the design during this phase. 8. JVA will prepare project specifications and OPC.  Task 3- Final Design  9. JVA will prepare final design drawings and specifications for review and approval.  10. JVA will prepare and final design OPC.  11. JVA will attend ai final design review meeting (virtual meeting) and address any additional 12. JVA will assist in administration oft the project for the City as it relates to the construction 13. Two virtual team coordination meetings with the City are anticipated during the final  items ofconcern prior to the bidding of the project.  documents. design phase.  Task 4- Construction Documents and Bidding Support  14. JVA will incorporate all final edits to plans, specifications, and OPC based on City review and comments. JVA will prepare construction documents and assist with advertisement to 15. Bid phase services include a prebid conference, addendum preparation, response to bidder  bid.  questions, bid tabulation.  Task 5- Construction Administration Phase  16. Services during construction comprise of the review of product submittals, change order documentation, and response to contractor information requests for civil and structural engineering related items. Any combination of 3 site meetings (construction kick-off meeting, site observation visits, and/or punchlist meeting) will also be included during the work progress. Construction record drawings will be produced from contractor submitted  records. Task 6-1 Project Closeout  17. Construction record drawings will be produced from contractor submitted records or as-  built survey information provided by the City.    SM CONSULTIEG ENGINEERS BASIS OF PAYMENT  Lamar Fishing Dock Project  5/23/2024 3of3  Thel basis of payment for the scope of work described above will be monthly billings ona a Time and Material Basis with an estimated fee of $39,000. Standard reimbursable expenses including travel, printing, copying, and shipping will be billed at direct cost. JVA's standard billing rates will be discounted 10j percent in accordance with our on-call engineering services agreement. Although JVA will assist the City select a geotechnical engineer, their scope and fee will be contracted directly with the City. Surveying is assumed to be provided by the City.  Basic Civil and Structural Engineering Services Fee Estimate Task 1- - Project Kick-off and Design Scoping Task 2-1 Preliminary Design Task 3. - Final Design Task 4- Construction Docs and Bidding Services Task 5- Construction Services Task 6-1 Project Closeout TOTAL ESTIMATED FEE  $ 3,600 13,100 > 10,300 $ 3,100 $ 8,900 $ 700 $3 39,700  Exclusions: Services resulting from significant changes to the project scope, significant bid alternate design, and significant site plan changes and additional design work or plans related to field conditions or contractor issues after plans are complete that could not have been reasonably foreseen may require extension of the time scheduled for our work and additional fees. Additional municipal submittals or public hearings required for planning department review and approval will be considered additional services may require extension oft the time scheduled for our work and additional fees. Environmental assessment or design efforts for contamination cleanup measures  are: not included at this time. SCHEDULE  We can begin working with your team immediately and plan to meet required project deadlines. Ifyou are in agreement with thes scope in this letter, please indicate by signing below and returning acopy to this office as our authorization to proceed. All of us look forward to working with the City ofLamar on this project and continuing to build upon our positive past relationships.  Construction shall be complete by December of2 2025.  Sincerely, JVA, Incorporated By: Acan Adam Teunissen, P.E. Sr. Project Manager  Accepted by: CITY OF LAMAR  Tan  Title  Date    Agendal ItemNo. 9 Council Date: 6/10/24  LAMAR CITY COUNCIL AGENDATEANCOMMENTAEY  ITEMTITLE: Approve Grant Agreement with Robert Hoag Rawlings Foundation for Parksand Recreation INITIATOR: Kristin Schwartz & Tess Camp CITY ADMINISTRATORS REVIEW: ACR ACTION PROPOSED: Approve Grant Agreement with Robert Hoag Rawlings Foundation. STAFF INFORMATION SOURCE: Robert Evans. Kristin Schwartz. Anthony LaTour. & Tess Camp BACKGROUND: The City ofLamar applied for the Robert Hoag Rawlings Foundation Grant on March 13th and we were awarded the grant on April 25th. The City ofLamar applied for these funds to support sports enhancement programs for youth after-school and in the summer. Also, for recreation supplies, equipment, fees, coaches clinics, and skills and development training for kids. The City ofLamar was awarded $10,000 dollars and the total project cost is estimated at $10,000 dollars. There is no match.  Programs.  RECOMMENDATION: Approval of grant agreement withl Robertt Hoag Rawlings Foundation and allow  for the mayor to sign.    Robert Hoag Rawlings Foundation Grant Agreement continued  Reliance on Future Funding  Governing Law  Youa acknowledge that representatives of the Foundation have made no actual ori implied promise oft funding beyond the amounts specifiedi in the grant award letter. This includes any obligation to provide continued: support for this or any other project. Continued" funding can only be obtained through submission of additional proposals ina accordance witht the Foundation's policies and guidelines. The Foundation reserves the rightt to discontinue, modify or withhold any payments tol ber made undert this grant award ort tor require at total or partial refund ofa any grant funds: If,i in Thel Foundation's sole discretion, such actioni is necessary: (1) because you! have not fully complied with thet terms and conditions of this grant; (2)t to protect the purpose and objectives oft theg grant or any other charitable activities oft the Foundation; (3) to comply with the requirements ofa any! law or regulation affecting the Foundation's responsibilities with respect tot thisg grant; or (4) to protect the Foundation's ability to carry out itsp programs. In the eventi funds are returned ort the grantis terminated, youa acknowledge that the Foundation will haver not further obligation to you inc connection with this grant. Ift the Foundation does not receive signed copies oft theg grant award letter and agreement within 30 days after the date of The Foundation's grant award letter. Ifmarket conditions change that significantly impact thef foundation. Ifthere are any major changes, issues or concerns regarding thisp project, organization and/or chiefr members oft the organization's administration or governing board.  All questions of thel law which may arise int the administration oft this grants shall be determined ina accordance with the laws ofs state of Colorado. Inconsideration: for the Robert Hoag Rawlings Foundation awarding this grant,) your organization, its employees, agents, or assigns agree to hold harmless, indemnify, release, and forever discharge the Foundation, its officers, agents, employees, affiliates, attorneys, successors and assigns from and against any and allj judgments, actions, claims suits, losses, damages, ande expenses resulting from, related to orina any way connected with this grant. The undersigned certify thatt they are duly elected and authorized officers oft the Grantee and that, as such, are authorized to accept this grant on behalf oft the Grantee, to obligate the Grantee to observe all of thet terms and conditions placed on this grant, andi in connection with this grant to make, execute and deliver on behalf oft the Grantee all grant agreements, representations, receipts, and  Indemnification and Hold Harmless  Right to Modify or Revoke  Authority  reports. ACCEPTED. AND AGREED TO: Organization Name  Grantee's Board Chair (typed/printed) Grantee's Board Chair (signature)/Date  Grantee's Chief Profesional/Pxecutive with Title  typed/printed)  Grantee's Chief Profesiona/Pxerutive (signature)/Date  Page 2of2    ROBERT HOAG RAWLINGS FOUNDATION GENERAL GRANT TERMS, CONDITIONS AND UNDERSTANDINGS  The Robert Hoag Rawlings Foundation (The Foundation) is awarding this grant to you: as the Grantee contingent upon thei information int the grant award letter dated April 24, 2024 and thei following conditions:  Tax-Exempt: Status  of the grant. You also agree to provide any other information reasonably requested byl The  Youa are: a nonprofit organization currently recognized byt thel Internal Revenue Service as a public charity described in sections 501 (c)(3)of the Internal Revenue! Service code of 1986 as amended ("The Code"). Yourt tax-exempts status has not changed since thei issuance of the IRS determination letter which you provided to The Foundation. Therei is noi issue presently pending before any office oft the Internal Revenue! Service that could resulti ina any proposed changes toy your tax- exempts status under sections 501(c) (3). This grant (together with anyi income earned upon investment of grant funds) is madei fori the purpose outlined int the grant award letter and may not be expended for any other purpose without" The Foundation's prior written approval. Ift the granti isi intendedi to support as specific project ort top provide general support fora specific period, any portion of the grant unexpended at the completion of thep project or the end of the period shall be returned immediately to The Foundation. You may note expend any grant funds for any political orl lobbying activity. Your may not assign, or otherwise transfer, your rights or delegate any of your obligations under this grant without prior written approval from The Foundation. Records and Reports Please keep a record of all receipts and expenditures relating tot this grant, as well as narrative information abouth how the grant was spent and how the grant made ani impact. Youa are required tos submit at final narrative and financial report to Thel Foundation upon completion oft the program/project. The Foundation will require interim reports as outlinedi ini the award letter. Yourr reports should describe your progress in achieving thep purposes  Foundation. Required Notification  You are required to provide Thel Foundation with immediate written notification of: (1)a any changes iny your organization's tax- exempt status; (2) youri inability to expend the grant fort the purposes described int the grant proposal and award letter; (3) anye expenditure from this grant madef for any purpose other thant thosef for which the grant was intended; or (4) there are any major changes, issues or concerns regarding this project, organization and/or chiefr members of the organization's: administration or governing You willp permit" The Foundation andi its representatives, at its request, tol have reasonable access during regular business hours tor review the progress being made onp project for which funds were given. Please refer tot this grant as being awarded by the Robert Hoag Rawlings Foundation. You will allow The Foundation tor review and approve the text of any proposed publicity concerning this grant prior toi its release. The Foundation mayi include information regarding this grant, including the amount and purpose of the grant, any photographs you may have provided, your logo ort trademark, or other information or materials about your organization and its activities, in The Foundation's periodic public reports, newsletters, website and news  Expenditure of Funds  board.  Reasonable. Access for Evaluation  Publicity  releases.  Page 1of2    Agenda Item No., 10 Council Date: 06/10/24  LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY  ITEMTITLE: IGA with Lamar Schools for Thunder Stadium & 14th Street Improvements  ADMINISTRATORS  PCE  INITIATOR: Rob Evans. City Administrator CITY ACTION PROPOSED: Approve IGA and allow Mayor to sign STAFF INFORMATION SOURCE: Anne-Marie Crampton. Pat Mason  REVIEW:  BACKGROUND:  City staff began working with the Lamar School District accommodate the placement ofThunder Stadium south ofYucca on 14th Street this spring. City staffrealized that the street would need substantial improvements to accommodate additional traffic/use. With City in-kind paving assistance on the Thunder Stadium parking lot on/around 6/21, the City and Schools have drafted an agreement that confirms the City'si in-kind assistance and fee reduction for the Stadium project and the Lamar Schools' role in 14th Street improvements.  RECOMMENDATION: Approve IGA and allow Mayor to sign or such other action as Council may direct.    11 6/10/2024  Agenda Item No Council Date  LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY  ITEM TITLE: Discussion on Common Grounds Future Times and Locations  INITIATOR: Rob Evans. City Administrator  MAMASOR  ACTION PROPOSED:  STAFF INFORMATION SOURCE: Rob Evans. City Administrator  BACKGROUND: Discussion  RECOMMENDATION:    Agenda Item No Council Date  13 6/10/2024  LAMAR CITY COUNCIL EXECUTIVE SESSION COMMENTARY  Executive Sessions- - (1) For Discussion ofal Personnel Matter under C.R.S. $24-6-402(4)f) For mid-year staff review (2) Forac conference with the City Attorney for the purpose ofreceiving  ITEM TITLE: Specific legal questions under C.R.S. 7--64024/breganin, Public Safety Tax  INITIATOR: ACTION PROPOSED:  CTTYADMINISTRATORSREVIEW:  RCE  Rob Evans. City Administrator  STAFF INFORMATION SOURCE:  BACKGROUND: Executive Sessions - (1) For Discussion ofa Personnel Matter under C.R.S. $24-6-402(4)f) For mid-year staff review (2) For a conference with the City Attorney for the purpose ofreceiving Specific legal  questions under C.R.S. $24-6-402(4)(b): regarding Public Safety Tax  RECOMMENDATION:    - - DE    NIS  wg  88  MBNSB      d  a A  E5SS 33  we  B588 5  B 15    CITY OF  LAMARE  COLORADO WERPATPILURGIBAD PHONE:0791336-4376 FAX:791336-2787  2024  UTILITY REVENUE REPORT  MONTHLY ELECTRICITY: WATER: SEWER: TRASH: MONTHLYTOTAL  MAY $1,023,400.07 $198,304.46 $50,432.12 $50,899.29 $1,423,035.94  MAY2023 $935,128.18 $55,65.42 $42,900.71 $748,322.69 $1.261,967.00  L 11.837 27.437 17.56% 1.74% 12.764  2024 YEARTODATE $5,042,466.48 $622,565.18 $252,485.97 $683,997.69 $6,601515.32  2023 YEARTODATE $4,890,446.03 $514,453.50 $215,020.70 $680,332.63 $6,300,252.86  4 3.1% 21.01% 17.424 0.54% 4.78%  ELECTRICITY: WATER: SEWER: TRASH: YTDTOTAL  6/5/2024