There will be a City Council Work Session Monday May 13, 2024 @ 5:30 P.M. There will be a Lamar Redevelopment Authority Board Meeting Monday May 13, 2024 @ 6:30 P.M. The Regular City Council Meeting will follow at @ 7 7:00 P.M. CITY COUNCIL WORK SESSION. AGENDA Monday, May 13,2024 5:30 p.m. Item 1-1 Main Cafe Item 2-Review and Discuss Tyler Technologies Bid for Software Upgrade Lamar Redevelopment Authority Board Meeting will follow at 6:30 p.m. Agenda Item No. 1 Council Date: 5/13/2024 LAMAR CITY COUNCIL WORK SESSION ITEM COMMENTARY ITEM TITLE: Main Café INITIATOR: Anne-Marie Crampton ACTION PROPOSED: Discussion STAFF INFORMATION SOURCE: CITY ADMINISTRATORS REVIEW: Anne-Marie Crampton BACKGROUND: Main Café - Explain next steps; need for/status ofl MOA RECOMMENDATION: Discussion and such other action Council may deem necessary. Agenda Item No. 2 Council Date 05/13/2024 LAMAR CITY COUNCIL WORK SESSION ITEM COMMENTARY ITEMTITLE: Review and Discuss Tyler Technologies Bid for Software Upgrade INITIATOR: Kristin Schwartz CITY ADMINISTRATORS REVIEW: Rcb ACTION PROPOSED: Discussion On Tyler Bids for New Software STAFF INORMATION SOURCE: City Treasurer City Administrator. City Clerk. IT Director BACKGROUND: The. Administration Staffhas gonet through al bidding process fora a replacement for our current. ADG software. All key staff had an opportunity to review two companies, Caselle and Tyler Technologies. TylerTechnologies: came andj provided an onsite presentation to a variety ofs staff. The overall choice by staff and. Administration was Tyler Technologies. Administration will discuss with Council all of the information gathered regarding our current systems and receive guidance from Council on whether to move forward to award the Contract to Tyler Technologies. RECOMMENDATION: Discuss bids from Tyler Technologies and receive direction from Council. 00 o o S $ 5 000 u o 3 o 5 o s s 0o 3 s 5 x x xXxx x x x x 0o E d& - 1 00 1 - A S x A 5 S 00 6 N 44 A 8" MEETING OF LAMAR REDEVELOPMENT AUTHORITY BOARD CITY OF LAMAR, COLORADO May 13, 2024 6:30 P.m. 1334567 8910 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 Pledge of Allegiance Meeting Called to Order Item 1-RollCall Item 3-Payment of] Bills GENERAL BUSINESS Item 2-Approval ofl Meeting Minutes - 4/08/24 Item 4-Miscellancous Regular City Council Meeting will follow at 7:00 p.m. CITY OF LAMAR AUTHORITY BOARD April 8, 2024 MINUTES OF THE LAMAR REDEVELOPMENT The Lamar Redevelopment Authority Board met in a regular session at 6:47 p.m. in the Council room with Chairman Crespin presiding. Present: Joe Gonzales, Shalah Mata, Gerry Jenkins, Kirk Crespin, David Zavala, Manuel Tamez, Brent Bates, Rob Evans, Kristin Schwartz, Lance Clark Absent: Approval of Meeting Minutes - 3/11/24 Boardmember Bates moved and Boardmember Jenkins seconded to approve meeting minutes - 3/11/2024. Voting No: None Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates Chairman Crespin stated "Let the record reflect that all Boardmembers voted an affirmative, motion passes 7-0". Payment of Bills Boardmember Gonzales moved and Boardmember Bates seconded to approve payment #98995 - Bean of Life (Scooters) in the amount of $14,379.62 for their 3rd year incentive per agreement. Voting No: None Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates Chairman Crespin stated "Let the record reflect that all Boardmembers voted an affirmative, motion passes 7-0". Grace Fellowship Church Façade Application & Agreement Boardmember Bates moved and Boardmember Jenkins seconded to approve Façade Application and Agreement with Grace Fellowship Church in the amount of $1,120.00. Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates Voting No: None Chairman Crespin stated "Let the record reflect that all Boardmembers voted an affirmative, motion passes 7-0". Miscellaneous Community Development Director Crampton gave a brief update on Main Café. The asbestos check is about to be completed, it will then move to the remediation process to determine what the cost may be for remediation of the asbestos. She stated that there are some grants available through CDPHE and the 1306 program for remediation. Adjournment There being no further business to come before the Board, Boardmember Jenkins moved and Boardmember Bates seconded that the meeting adjourn. Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates Voting No: None Chairman Crespin stated "Let the record reflect that all Boardmembers voted an affirmative, motion passes 7-0". The meeting adjourned at 6:54 p.m. Linda Williams - City Clerk Kirk Crespin - Chairman CITY OF LAMAR 81-URBAN REDEVELOPMENT AUTHORITY CHECK# CUSTOMER CHECK AMOUNT $ DATE 99333 ANDREW AND MELISSA FELAN 17,189.01 5/9/2024 REIMBURSEMENT FOR ANDRES ANDI MELISSA FELAN AM BREAKFAST RESTAURANT STRUCTURAL REHAB GRANT AGREEMENT 99334 ZAMI INC $ 20,000.00 5/9/2024 REIMBURSEMENT FOR THE LAMAR SIGN REHABILITATION PER FAÇADE GRANT AGREEMENT TOTAL $ 37,189.01 URBAN RENEWAL AUTHORITY FAÇADE GRANT AGREEMENT ZAM, Inc. 1.0 PARTIES. The parties to this Agreement (the "Agreement") are, the LAMAR REDEVELOPMENT AUTHORITY, a body corporate and politic of the State of Colorado (the "AUTHORITY), and ZAM, Inc. (the "OWNER"). The parties are also referred to herein 2.0 PURPOSE. Each oft the undersigned representatives of the Parties here to hereby represent they have full authority to bind the Lamar Urban Renewal Authority and ZAM, Inc. to the terms of collectively as the "Parties" or individually as a "Party". this agreement. 2.01 The AUTHORITY is carrying out the Downtown Lamar Urban Renewal Plan (the "Plan"), which was adopted by the Lamar Redevelopment Authority Board on September 14, 2009. The OWNER owns the real property located at 219: S. Main St., Lamar, CO 81052 (the "Property"), which is located within the boundaries oft the Plan. 2.02 The OWNER is making certain improvements to the Property. The AUTHORITY desires to assist the OWNER in making facade improvements which aid is consistent with thei intent 3.0 TERMS AND CONDITIONS. In consideration of1 the mutual covenants and promises oft the Parties contained herein, and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as set forth in this Agreement. The parties further agree that the work described in Section 4.01, below, shall be completed no later than December 31, 2024 and ifiti is not, the AUTHORITY will terminate the grant and a new application must be submitted and 4.0 IMPROVEMENTS, ANDCOSTS. The grant amount total ist twenty percent (20%) ofthet total cost expended by the OWNER to complete the project not to exceed $20,000.00 (twenty thousand dollars) to come from, the 2024 URA budget and it will be distributed as follows: upon completion and compliance with the terms provided herein, the total grant of twenty percent (20%) of the total cost expended by the OWNER to complete the project under section 4.01 not to exceed $20,000.00, shall be payable from the AUTHORITY to the OWNER within thirty (30) days of the OWNER providing copies to the AUTHORITY of invoices for all expenses incurred for the improvements described in section 4.01 of this Agreement, and the OWNER providing evidence that the work has been entirely completed, permitted, inspected and passed inspection by the City of Lamar Chief and purpose ofi the Colorado Urban Renewal Law and thel Plan. approved, unless the. AUTHORITY extends the completion date. Building Official. P.1OF5 4.01 Project Consnctonmpovement Costs. The project consists of: a) Façade Improvements, at 219 S. Main St., Lamar, CO, which isi intended to remodel and restore the façade of former Lamar Theater as it becomes aj performance cinema and event center. The improvements will include, but not be limited to, refurbishment oft the marquee, digital signage, new lighting, electrical, and neon repair. Thet total cost oft thei improvements was $171,500.00. The Urban Renewal grant for thej project will be for 20% of the total cost expended by the OWNER to complete the project not to exceed but not to exceed $20,000.00. The OWNER acknowledges and agrees that the maximum amount available under this grant is $20,000.00, regardless of the total amount 4.02 OWNER'S Funds. The OWNER shall be responsible for and obligated to complete all aspects of the project and improvements solely at the OWNER's own expense and cost. As stated herein, the grant provided by the AUTHORITY to the OWNER shall only be provided after the OWNER submits sufficient proof of: a) compliance permits and building codes; b) completion of the project; c) approval of the project by the Chief Building Official; 4.03 Quality of Construction. All improvements shall be constructed in a good and workmanlike manner andi in accordance with all applicable laws, codes, ordinances and design standards. The installed improvements shall remain as an appurtenance to the building should expended by the OWNER on this project. and c) expenses and costs incurred by the OWNER. the building change ownership. 5.0 OBLIGATIONS OFTHE OWNER. Except for the project described in section 4.0 above, the OWNER agrees to make any and all other planned improvements to the Property in accordance with plans approved by the City Building Official and comply with all federal, state and local codes and ordinances, including the Lamar Building Codes. The OWNER shall be responsible for any and all expenses, fees and costs associated with the Improvements described in this project. 5.01 Ability to Perform. The OWNER represents warrants and certifies to the AUTHORITY that the OWNER has the necessary legal ability to perform its obligations under this Agreement. This Agreement constitutes a valid and binding obligation of the 5.02 Retail Development. The Parties agree that the AUTHORITY is making this grant available to OWNER based on the AUTHORITY's belief that maintaining a successful retail OWNER, enforceable according to its terms. P.20H5 operation in OWNER's property is critical to halting the spread of blight in in the Urban Renewal district. OWNER agrees that he will use its best efforts to maintain a thriving hospitality business, employ a retail staff and contribute to the improvement of the retail business environment on Main Street, Lamar for at least five years following the completion 5.03 Proof of Expenses. The Owner agrees to provide copies of paid receipts to the AUTHORITY within thirty (30) days of the completion of the project described herein for all expenses incurred for the improvements described in Section 4.01 ofthis Agreement, which 5.04 Indemnification. The OWNER shall defend, indemnify, assume any and all responsibility for and hold harmless the AUTHORITY, their commissioners, officers and employees (including, without limitation, for attorney fees and costs) from all claims or suits for and damages to property and injuries to persons, including accidental death, that may be caused by any commission or act of the OWNER or OWNER's employees, agents, officers, and representatives, whether such activities or commission are undertaken by the OWNER or anyone directly ori indirectly employed by or under contract to the OWNER and whether such claim or damage shall accrue or be discovered before or after termination of this Agreement. 6.0 REMEDIES. Ifany Party defaults hereunder, any non-defaulting Party may seek enforcement of the. Agreement by any available remedy at law or in equity; provided, however, damages payable by the AUTHORITY shall be limited to those amounts that would have been payable under this Agreement. In no event shall the AUTHORITY be liable for special, consequential, or punitive damages. In addition, any non-defaulting Party may recover its reasonable costs and attorney fees. 7.0 NOTICES. Unless otherwise notified in writing by any Party, all notices required orj permitted by this Agreement shall be in writing and shall be sufficiently given if delivered inj person, by prepaid overnight express mail or express courier to any Party or by certified mail, with postage prepaid, oft the repairs and improvements undertaken at the Property. must be completed no later than December 31,2024. return receipt requested and addressed: In the case oft the AUTHORITY: Lamar Redevelopment Authority Attention: Kirk Crespin, Mayor 102 East Parmenter Street Lamar, Colorado 81052 P.30E5 Ini the case ofOWNER: ZAM, Inc. P.O. Box 1281 Lamar, CO 81052 8.0 ENTIRE AGREEMENT: AUTHORITY NOT A PARTNER. The respective obligations of the Parties to this Agreement constitute the only obligations of the Parties under this Agreement. Notwithstanding any language ini this Agreement or any other agreement, representation or warranty tot the contrary, the. AUTHORITY shall not be deemed to be aj partner orj joint venture oft the OWNER and the AUTHORITY shall not be responsible for any debt or liability oft the OWNER. 9.0 ASSIGNMENT This Agreement or any rights or interest in this Agreement may not be assigned or transferred by either Party without the prior written approval of the other Party. 10.0 BINDING EFFECT. The Agreement shall be binding upon and inure to the benefit of the Parties, their personal representatives, successors and assigns, but nothing herein shall permit the assignment or transfer of this Agreement without the prior written consent oft the other Party. 11.0 JURISDICTION AND VENUE. In the event of litigation hereunder, the Prowers County District Court sitting without ajury shall have exclusive jurisdiction and venue of the case. 12.0 AMENDMENTS. This Agreement is the entire Agreement of the Parties as to the subject matter herein and supersedes and replaces all prior agreements with respect to the subject matter 13.0 PARTIES AUTHORITY. The persons executing this Agreement on behalf of Parties represent and warrant that each is fully authorized to bind such Party to all ofthet terms and conditions 14.0 GOVERNINGLAW. This Agreement shall be construed and interpreted under the laws of 15.0 ENFORCED DELAY. The AUTHORITY shall not be considered in breach of, ori in default in, its obligations with respect to this Agreement in the event of delay in the performance of such obligations due to causes beyond its control and without its fault or negligence, including, but not limited to, acts of God, acts of public enemy, acts of federal or state government, acts of the other party, acts of third parties (including the Owner), acts of courts, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors or herein and may be amended only in writing fully subscribed by the Parties. ofthis Agreement. Colorado. P.4UF5 material men due to such causes, it being the purpose and intent of this provision that ifs such delay occurs, the time or times for performance by the Party affected by such delay shall be extended for the period of the delay. The Party seeking the benefit of this provision shall give written notice of any such delay tot the other Parties within thirty (30) days after such Party knows of such delay. 16.0 NO THIRD PARTY BENEFICIARIES. The AUTHORITY shall not be obligated or liable 17.0 NOI WAIVER OF IMMUNITY Nothing contained int this Agreement constitutes a waiver of the Authority'ss sovereign immunity or governmental immunity under any applicable State law. 18.0 CONSTRUCTION OF AGREEMENT This Agreement has been arrived at by negotiation and shall not be construed against either party toi it or against the party who prepared the last draft. IN WITNESS WHEREOF, this Urban Renewal Agreement is executed by the AUTHORITY and under the terms of this Agreement to any person or entity not aj party hereto. OWNER as oft the I3 Day ofl March, 2024. AUTHORITY LAMAR REDEVELOPMENTAUTHORITY A By: Attest: ckiah Llhaho KLinda Williams, Secretary OWNER By: wd Monica Sutphin P.5OF5 INVOICE Simple Sheds INC 7445 USHWY50 Lamar, COE 81007 eremycstusghotmalcon +1( (719)6 696-1725 MODULAR SNS Zam Inc. Bill to Zam Inc. POI Box 1281 Lamar, Colorado 81052 Prowers Shipt to Zaml Inc. POI Box 1281 Lamar, Colorado. 81052 Prowers Invoice details Invoice no.: 1008 Terms: Due on receipt Invoice date: 04/26/2024 Due date: 04/26/2024 Date 1, 2. 3.: Product or service Product Descption Qly Rate Amount $54,000.00 $108,000.00 $20,000.00 $20,000.00 $25,000.00 $25,000.00 Cirrus LED! Screen 4> x 18f for Marquee with Digital Software and Team Support. 3) Year Warranty and Installation Generall Labor Services Preparing Marquee to Paint and Finishi including Lift rentala and services. Electrical Replacement for Top and Bottom Marquee upgraded to Code including new outdoor Panels and allr new wiring. Installation: and Permiti included Neon Repair and Rebuild including charging of Argon Gas and Neon Gas in new tubes tor replace original Neon. Lift Rental andi installation included Replacement and Repair ofa alll Lighting in Marquee soffit and Facia... Repair of Steel structurali framework including materials and labor. General Labor Services Product 4. General Labor Services $12,000.00 $12,000.00 5. Product $6,500.00 $6,500.00 Total Payment $171,500.00 -$171,500.00 Ways to pay aPay VISA BANK Balance due $0.00 Paid in Full - 385 Kristin Schwartz From: Sent: To: Cc: Subject: Attachments: Kristin, Martha Alvarez Thursday, May 09, 2024 10:29 AM Kristin Schwartz Anne-Marie Crampton Fwd: The LaMar Facade Grant mage001.png Thank you so much for your help. Below is Stephanie'sconfimation oft the inspection she did for The LaMar. Sent from myi iPhone Begin forwarded message: From: Stephanie Strube stephanie.strube@c.lamar.co.us) Date: May 1, 2024 at 9:30:38 AM CDT To: Martha Alvarez martha.alvarez@c.lamar.co.us) Subject: RE: The LaMar Facade Grant Good morning- The only inspection that is finialed is for the sign or marque. All appropriate paperwork has been submitted along with permits pulled. Doy you need copies of anything? Thank you, Stephanie Strube Building Official City ofl Lamar 719-336-2085 From: Martha Alvarez martha.alvarez@c.amar.co.us) Sent: Tuesday, April 30, 20243:44PM To: Stephanie Strube stephane.strubeeclamar.co.us) Subject: The LaMar Facade Grant Hil Could Iget a statement from you about The LaMar inspection to include in the documentation for the URA Façade Grant reimbursement? Best, E CITYOFI LAMAR 81-URBAN REDEVELOPMENT AUTHORITY CHECK# CUSTOMER CHECK AMOUNT $ DATE 99333 ANDREW AND MELISSA FELAN 17,189.01 5/9/2024 REIMBURSEMENT FOR ANDRES ANDI MELISSA FELAN AM BREAKFAST RESTAURANT STRUCTURAL REHAB GRANT AGREEMENT 99334 ZAMI INC $ 20,000.00 5/9/2024 REIMBURSEMENT FOR THE LAMAR: SIGN REHABILITATION PER FAÇADE GRANT AGREEMENT TOTAL $ 37,189.01 URBAN RENEWAL AUTHORITY STRUCTURAL REHAB AGREEMENT ANDREW & MELISSA FELAN 1.0 PARTIES. The parties to this Agreement (the "Agreement") are, the LAMAR REDEVELOPMENT AUTHORITY, a body corporate and politic of the State of Colorado (the AUTHORITY), and Andrew and Melissa Felan (the "OWNER"). The parties are also referred 2.0 PURPOSE. Each oft the undersigned representatives ofthe Parties here tol hereby represent they have full authority to bind the Lamar Urban Renewal Authority and Andrew and Melissa tol herein collectively as the "Parties" ori individually as a "Party". Felan to the terms of this agreement. 2.01 The AUTHORITY is carrying out the Downtown Lamar Urban Renewal Plan (the "Plan"), which was adopted by the Lamar Redevelopment Authority Board on September 14, 2009. The OWNER owns the real property located at 410 S. Main St. Lamar, CO 81052 (the "Property"), which is located within the boundaries of the Plan. 2.02 The OWNER is making certain improvements to the Property. The AUTHORITY desires to assist the OWNER in making structural improvements which aid is consistent with the 3.0 TERMS AND CONDITIONS. In consideration oft the mutual covenants and promises of the Parties contained herein, and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as set forth in this Agreement. The parties further agree that the work described in Section 4.01, below, shall be completed no later than December 31, 2024 and ifiti is not, the. AUTHORITY will terminate the grant and a new application must be 4.0 IMPROVEMENTS AND COSTS. The grant amount total is $17,189.01 (seventeen thousand one hundred eighty-nine dollars and one cent) to come from the 2024 URA budget and itv will be distributed as follows: 100% oft the total grant, not to exceed $17,189.01, payable to the OWNER within thirty (30) days oft the OWNER providing copies to the AUTHORITY ofinvoices for all expenses incurred for the improvements described in section 4.01 of this Agreement, and evidence that the work has been permitted, inspected and passed by the City of Lamar Chief intent and purpose ofthe Colorado Urban Renewal Law and the Plan. submitted and approved. Building Official. 4.01 Construction Costs. The project consists of: RORS a) Structural Rehab improvements, at 410 S. Main St, Lamar, CO. be for 20% of approved costs but not to exceed $17,189.01. The total cost of the project is $85,945.07. The Urban Renewal grant for the project will 4.02 Matching Funds (the OWNER). Other funds will be made available by the OWNER in the amount of 80% oft the project or $68,756.06 whichever amount is larger. 4.03 Quality of Construction. All improvements shall be constructed in a good and workmanlike manner and in accordance with all applicable laws, codes, ordinances and design standards. The installed improvements shall remain as an appurtenance to the building should the building change ownership. 5.0 OBLIGATIONS OF THE OWNER. Except for1 the project described in section 4.0 above, the OWNER agrees to make any other planned improvements to the interior and exterior of the building and the Property in accordance with plans approved by the City Building Official and to pay the costs oft the Improvements described in this project in excess of$ $17,189.01. 5.01 Ability to Perform. The OWNER represents warrants and certifies to the AUTHORITY that the OWNER has the necessary legal ability to perform its obligations under this Agreement. This Agreement constitutes a valid and binding obligation of the 5.02 Retail Development. The Parties agree that the AUTHORITY is making this grant available to OWNER based on the AUTHORITY's belief that maintaining a successful retail operation in OWNER's property is critical to halting the spread of blight in downtown Lamar. OWNER agrees that he will use his best efforts to recruit and retain a retail business to occupy the property, employ a retail staff and contribute to the improvement of the retail business environment on Main Street, Lamar for at least five years following the completion ofthei repairs andi improvements undertaken at thej property. OWNER further agrees that he will encourage the retail business selected to occupy the property to participate in Main Street business development efforts of the Lamar Main 5.03 Proof of Expenses. The Owner agrees to provide copies of paid receipts to the AUTHORITY within thirty (30) days ofthe completion oft the project described herein for all expenses incurred for the improvements described in Section 4.01 ofthis Agreement, OWNER, enforceable according to its terms. Street Program. which must be completed no later than December 31, 2024. 92:085 5.04 Indemnification. The OWNER shall defend, indemnify, assume any and all responsibility for and hold harmless the AUTHORITY, their commissioners, officers and employees (including, without limitation, for attorey fees and costs) from all claims or suits for and damages to property and injuries to persons, including accidental death, that may be caused by any commission or act of the OWNER or OWNER's employees, agents, officers, and representatives, whether such activities or commission are undertaken by the OWNER or anyone directly or indirectly employed by or under contract to the OWNER and whether such claim or damage shall accrue or be discovered before ora after termination oft this Agreement. 6.0 REMEDIES. If any Party defaults hereunder, any non-defaulting Party may seek enforcement of the Agreement by any available remedy at law or in equity; provided, however, damages payable by the AUTHORITY shall be limited to those amounts that would have been payable under this Agreement. In no event shall the AUTHORITY be liable for special, consequential, or punitive damages. In addition, any non-detaulting Party may recover its 7.0 NOTICES. Unless otherwise notified in writing by any Party, all notices required or permitted by this Agreement shall be in writing and shall be sufficiently given if delivered in person, by prepaid overnight express mail or express courier to any Party or by certified mail, with reasonable costs and attorney fees. postage prepaid, return receipt requested and addressed: In the case of the AUTHORITY: Lamar Redevelopment Authority Attention: Kirk Crespin, Mayor 102 East Parmenter Street Lamar, Colorado 81052 Andrew and Melissa Felan 410 S. Main St Lamar, CO81052 In the case ofOWNER: 8.0 ENTIRE AGREEMENT: AUTHORITY NOT A PARTNER. The respective obligations ofthe. Parties to this Agreement constitute the only obligations oft the Parties under this Agreement. Notwithstanding any language in this Agreement or any other agreement, representation or warranty to the contrary, the AUTHORITY shall not be deemed tol be aj partner orj joint venture of P3E5 the OWNER and the AUTHORITY shall not be responsible for any debt or liability of the 9.0 ASSIGNMENT. This Agreement or any rights or interest in this Agreement may not be assigned or transferred by either Party without the prior written approval of the other Party. 10.0 BINDING EFFECT. The Agreement shall be binding upon and inure to the benefit of the Parties, their personal representatives, successors and assigns, but nothing herein shall permit the assignment or transfer of this Agreement without the prior written consent oft the other Party. 11.0 JURISDICTION AND VENUE. In the event of litigation hereunder, the Prowers County District Court sitting without a jury shall have exclusive jurisdiction and venue oft the case. 12.0 AMENDMENTS. This Agreement is the entire Agreement oft the Parties as to the subject matter herein and supersedes and replaces all prior agreements with respect to the subject matter 13.0 AUTHORITY. The persons executing this Agreement on behalf of Parties represent and warrant that each is fully authorized to bind such Party to all of the terms and conditions of this 14.0 GOVERNINGLAW. This Agreement shall be construed and interpreted under the laws 15.0 ENFORCED DELAY. The AUTHORITY shall not be considered in breach of, or in default in, its obligations with respect to this Agreement in the event of delay in the performance ofsuch obligations due to causes beyond its control and without its fault or negligence, including, but not limited to, acts of God, acts of public enemy, acts of federal or state government, acts of the other party, acts oft third parties (including the Owner), acts of courts, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors or material men due to such causes, it being the purpose and intent oft this provision that if such delay occurs, the time or times for performance by the Party affected by such delay shall be extended for the period oft the delay. The Party seeking the benefit of this provision shall give written notice of any such delay to the other Parties within thirty (30) days after such Party OWNER. herein and may be amended only in writing fully subscribed' by the Parties. Agreement. ofColorado. knows of such delay. a MIGES give written notice of any such delay to the other Parties within thirty (30) days after such Party 16.0 NOTHIRDPARTY BENEFICIARIES. The. AUTHORITY shall: not be obligated or liable 17.0 NOWAIVER OF IMMUNITY, Nothing contained: int this Agreement constitutes a waiver ofthe Authority'ss sovereign immunity or governmental immunity under any applicable State law. 18.0 CONSTRUCTION OF AGREEMENT. This Agreement has been arrived at by negotiation and shall not be construed against either party to it or against the party who prepared knows of such delay. under the terms oft this Agreement to any person or entity not: aj party hereto. thel last draft. IN WITNESS WHEREOF, this Urban Renewal Agreement is executed by the AUTHORITY and OWNER as oft the 22/Day of. January, 2024. AUTHORITY LAMAR By Attest: A drdkh Gngs Linda Williams, Secretary OWNER OWNER By: Andrew Felan N P.50F5 @ Cheohg 18588 hato, handune Floers 6o,600 goll 5050 3125 RES 816,979 Fig 4 7 343 TAYLOR SEPTIC & PLUMBING Pumping, Repair and Installation P.O. Box 756 - Lamar, Colorado 81052 Business: (719)691-2354 Cell:(719)688-0361 Fax:(719)691-2355 CUSTOMERSORDERNO NAME pi flun PHONE EMAIL: Blo-e:shsy SOLDBY CASH C.O.D. CHARGE ONA ACCT. MDSE. RETD. PAIDOUT L. QTY. DESCRIPTION PRICE AMOUNT 762 341 Fiat Mopsink faxcel Mosel 330 n TAX TOTAL 16 3 34 LAMAR. CO 1514 RECEIVEDBY HOBINSON 7507 All claims and returned goods MUST be accompanied byt ths bill. Thank You $526e Invoice 1-14-24 R Rigo Munoz 1511 S 11th St Lamar, CO81052 Royalyconstruction15@yanoo.com Bill To: Andrew Felan 410 S Main St. Lamar, CO 81052 806-336-9231 Quantity Date 1/16/24 Invoice 241 For Front Entry Description. Eront Entry 1. Demo old wood flooring Unit Price Amount Scope of Work 2. Level all subflooring adding support underneath 3. Install cement hardiebacker board over subflooring in 4. Install custom picture frame floor tile in entry way and 5. Fabricate tile into a diamond shape and install decorative tile in the center of entryway Total cost for Labor & Materials A down payment in the amount of $1197.50 is required to begin work remainder due upon completion. entryway sunrooom Balance due $2,395.00 # rolo Make all checks payablet to Royalty Construction Thank youf for) your business! lfyoul have any questions concerning this invoice, contact Sonja at719-691-4448 Chack Invoice Rigol Munoz 1511 S11ths St Lamar, CO81052 Royalyconstructionn5@yanoo.com Bill To: Andrew Felan 410 S Main St. Lamar, CO 81052 806-336-9231 Quantity Date 12/2/24 Invoice 142 For Sunroom Description Sun Room Unit Price Amount Scope of Work 1. Remove all existing wood paneling and ceiling title 2. Install 20 sheets of 1/2 drywall including mud,tape,texture and paint 3. Install water proofing hardiebacker board covering it with commercial grad porcelain title Total for labor and material Credit Tile $5,900.00 ($480.00) A down payment in the amount of $2950.00 is required to begin work remainder due upon completion. Balance due Sun Rooin balue 2,470" $ 5,420.00 Make allo checks payable toF Royalty Construction Thanky you for your business! Ifyoul have any questions concerningi thisi invoice, contact Sonja at7 719-691-4448 VHo08 SRet X / Invoice Pepu Rigo Munoz 1511 S1 11th St Lamar, CO81052 Royalyconstruction15@yanoo.com Bill To: Andrew Felan 410S SI Main St. Lamar, CO 81052 806-336-9231 Quantity Date January 16,24 Invoice 240 For Sink Wash Room Description Sink Wash Room frame work. Unit Price Amount Scope of Work 1. Demo old trim, door and window 2. Frame in new wall in wash room 4. Install new access panel for electrical 3. Install 2 1/2 sheets 1/2 mold resistant dry wall over new 5. Frame in new corner stairway, patch right side including drywall and mudding Copper grout for black tile Total cost for Labor & Materials $300.00 $680.00 $980.00 Balance due Make allo checks payablet toF Royalty Construction Thank you for your business! Ify youl have any questions concerningt thisi invoice, contact Sonjaa at7 719-691-4448 INVOICE INV0614 DATE Mar 19, 2024 DUE On Receipt BALANCE DUE USD$ $0.00 Taylor Septic and Plumbing Business Number 719-688-0361 Charley Taylor P.O Box 756 Lamar, CO 81052 719-688-0361 TAYLOR ERPTICAMDPLNBNS TAYIEIA n YDUE KEEIS aylorplumbinglamar@gmai.com BILLTO Andrew Felan 8063369231 een.melssa@gmal.com DESCRIPTION fixture count GB-75 5R-24 Floor Tank Install permit RATE $1,500.00 $2,700.73 $723.28 $190.00 $1,000.00 $150.00 QTY AMOUNT 1 $1,500.00 1 $2,700.73 1 1 $723.28 $190.00 1 $1,000.00 1 $150.00 SUBTOTAL TAX(0%) TOTAL PAID $6,264.01 $0.00 $6,264.01 -$6,264.01 Apr2,2024 BALANCE DUE USD$0.00 INVOICE TORRES DRYWALL. AND CONSTHUCTIONLLC. 709 Parkway Dr Lamar, CO 81052 Tomehlasos5ey2hoo.com TORRESR DRPWALLACONSTRUCTION: Andrew Felan Billt to Andrew Felan 1010 east olive lamar, colorado 81052 United States Shipt to Andrew Felan 1010 east olive lamar, colorado 81052 United States Invoice details Invoicer no.: 1017 Terms: Net 30 Invoice date: 04/04/2024 Due date: 05/04/2024 Date 1. 2. Product ors service Hardwood floors main level Services Qty Rate Amount $0.00 1 $6,500.00 $6,500.00 Sandt tor remove old varnish, filli in nail holes, staint to chosen color, apply 30 coats of varnish. Total $6,500.00 Ph Rir Hleria Dorke Invoice Invoice # 12-3612 Date 4/22/2024 RETT P.O. BOX 1195 LAMAR, CO 81052 209 E. MAPLE ST. grettelectricegmal.com Bill To Andrew. And] Melissa Felan 11244 CRI HH.2 Lamar, CO81052 806-336-9231 elanmelism@gmailcom Item 01 Jobl Description 01 Jobl Description 719-336-8480 P.O. No. Terms Project Amount 3,800.00 1,250.00 Qty. Description Rate 3,800.00 1,250.00 As per quote tol Install new Service on Main St. As per quote to wirel New Hood inl Main St. THANK YOU! GRETT ELECTRIC appreciates your business! Subtotal Sales Tax (0.0%) Total $5,050.00 $0.00 $5,050.00 -$5,050.00 $0.00 WE ACCEPT All MAJOR CREDIT CARDS. Payments/Credits Balance Due LAMAR BUILDING MATERIAL 224NMAINST LAMARC081052 719-336-7793 Sale THANK YOU FOR SHOPPING AT LAMAR BMS 224 NORTH MAIN STREET POST OFFICE BOX 986 LAMAR, COLORADO 81052-0986 (719). 336-7793 01/20/20 Trans4 VIS AMOUNT: CASHDISPOUNT TOTAL: Resp: Code: Ref#: App! Name: AID: TVR: TSI: 10:30 Batch:186 $5.41 $0.00 Alune $5.41 3/4X X1/2-RED TEE SXSXFPT TVAL 666262 198267 666262 3/4X 1/2.REDU BUSHING 402017666262 196071 VISAI DEBIT A0000000031010 1/2 WHITE SXS COUP 8080008000 197921 6800 3/4 PVC MALE ADAPTER 127841 40Z PURPLE PRIMER 127846 40Z CLEAR-SOLVENT CEMENT 1240PVCPL 1/2" SCHEDULE 40 PVC PIPE 3440PVCPL 3/4'SCH40PVC PIPE LENTH-THICK SUB-TOTAL:S 19.32 TAX: $ BK CARD AMT: BK CARD#: XXXXXXXXXXXX307 CHIP "YOUR BUILDING MATERIAL SUPERMARKET!" -""-45307 **/** 91/19/24 3:52PM CMC 553 SALE EA 2.39_EA 2.39 EA .99EA .99 EA 99EA .89 EA 1.49EA 1.49 EA 4.99EA 4.99 - EA 6.99_EA 6.99 1 EA .69LF .69 1 LF .89LF .89 1.33 Cardholder acknowledges receipt of goods and. obligations by the cardholder's set forth agreement with 1ssuer. CUSTOMER Thank You COPY Powéred By ValorPay(v1.2.90) YOU FOR SHOPPING AT THANK. LAMAR BMS 224 NORTH MAIN BOX STREET 986 POST OFFICE 81052-0986 LAMAR, COLORADO 336-7793 (719) "YOUR BUILDING 01/20/24 10:30AM CMC 215764 3/4x1/2 REDUCING 197921 3/4 PVC MALE ADAPTER 1 EA 1240PVCPL 40 PVC PIPE 1/2" SCHEDULE 1 LF 3440PVCPL PIPE LENTH-THFCK 3ASCI4DPVC SUB-TOTAL: BK CARD BK CARD#: TOTAL: $ 20.65. 20,65 MATERIAL SUPERMARKET!" 554 SALE EA 1.79EA 1.79 EA 1.49 - EA5 1.49 ,69 LF 69 .89LF" .89 4.86 TAX: $ -34 TOTAL: $ 5:20 5.20 * =>> JRNL#B71857 CUST NO:*1 CustomerDogy S= COUPLING Macnanussyt <= -> JRMLAB71913 CUST NO:*1 Copy Customer THANK YOU FOR SHOPPING AT LAMAR BMS 224 NORTH MAIN SIREET POST OFFICE BOX 986 L-MAR, COLORADO 81052 098E (719) J36-/793 N Nt HPRIAL SUPERMARKE! LA 'ARI BUILDINGI MATERIAL 2:4NMAINST LAMARCO81052 719 "793 16:38 Sale Batr'.231 LHIP 0284 :/ $103.58 $0.00 $103 FR APPROVAL 8354 8354.0 407322835476 VISADEBIT A0000000031010 8080008000 6800 FOR SHOPPING T THANK YOU LAMAR BMS 224 NORTH MAIN STR POST OFFICE BOX 980 81052-0986 LAMAR. COLORADO (719) 335-7793 MATERIAL SUPERMARKET!" "YOUR BUILDING 03/13/24 38PM JS 1 EA 14.49FA 611056 1J" PM WB FINISH APPLICATOR EA 7299L 1339P5 GAL 1 SATIN WB MINW. XI HELMSMAN MUST CHARGE PCF EA Faa GALEMAL PAINT RECYCLING FEE 1 EA 4.3EA 570978 55 COUNT SHOP TOWEL 93.22 TAX SUB-TOTAL: TOTAL 99.60 BK CARD AMT: XXXXXXXXXXXX02B4 BK CARD#: s 1 5:19 VIA AMOUNT: CASHDISCOUNT TOTAL: Resp: Code: Ref#: App Name: TVR: AID: TSI: 31/4 3:5317 it, 143 '2 CHRUMI KIICHEN P RAI 18 312PC 0/2X124411 146 14 14 12PAMII KIN. B2 2"45 DEGNESAMIE a 151 '2 DWV COMPLING TOTAL:$ RD ANI: ARD#: XXXXXXXXXXXXUZE4 553 SALE 555 SALE i EA 1 IA 13. - IA I in n2a a 7 b/ EA*N 9 8 Cardholder acknomledges receipt of goods and obligations set forth agreement by the cardholder's with issuer. CUSTOMER COPY Thank) You PoweredE By ValorPay(v1.2.90) <<== =>> JRNL#B80850 PIST NO:*1 JRNL#B67708 CUST NG-I Aeler Copy Thanl u for shopping at BIG R OF LAMAR (719) 336-7728 Shop 24/7 @ bigronline.com 03/13/24 5:54PM KKURTZ 201 SALE 97003742 1/2IN VALVE BALL BRS PEX 98974669 1/2IN CLAMP PINCH 25PKPEX SUB-TOTAL:$ 32.97 TAX: $ 1.29 THANK YOU FOR SHOPPING AT LAMAR BMS 224 NORTH MAIN STREET POST OFFICE BOX 986 COLORADO 81052-0986 (719) 336-7793 LAMAR, 2 EA $9.99 EA 1 EA $12.99 EA "YOUR BUILDING MATERIAL SUPERMARKEN SALL $19.98 $12.99 01/10/24 11:39AM Al 244824 1/2" POLY ALLOY 8 EA 1.19EA 244819 1/2". POLY ALLOY PEX 181818 INKZALL BLACK FINE POINT MARK. 122660 1/2X3/8 PEX: BRASS ANGLE STOP SUB-TOTAL: BK CARD AMT: BK CARD#: XXXXXXXXXXXX02B4 554 EA 891A PEX END PLUGI 6.23. ELBOW 9.57 1.49EA 1 EA 1.43 1.93 TOTAL: $ 34.26 DBAMT: $ 34.26 DEBIT/ATM: $ 34.26 AMT: $ 34.26 DEBIT/ATM: XXXXXXXXXXXX284 MID;****#**2992 TID:***3260 AUTH: 000722 Debit network id:106 Host reference #:361567 Bat# Trace# Authorizing Network: PAVD Chip Read CARD TYPE:DEBTT AID : A0000G 30840 TVR : 8080048000 IAD : 06011203608000 TSI : 6800 ARC:0 00 MODE : Issuer CVM : Verified by PIN Name : US DEBIT ATC :0084 AC 9 91B588CBC90D377C 1 EA 10.69EA 10.64. 27.93 TAX: $ TOTAL: $ 29.86 29.86 484722 EXPR: XXXX <== =>> JRML#B70217 CUST NO:*1 Customer Copy Give US feedback € sarvey Thank you! ID #:7TLAVIXXY89 walinart. com Vialmart * 71: J36 0530. Mgr:GFREL 1432. E OLIVE sI SI# 026/2 OP# LAHAR. 007425 CO TE# 87052 9 ila 6i862 ITEMS SOLD ICH 1463 1/66 2241 5995. 1157 01 195301988 79.00X TAXI 6.900. SUBTOTAL 79.00 TOTAL 84.45 5.45 DEBIT TEND 84.45 PAY CHANGE FROM QUE 0.00 D61567 ==>> JRNL# CUST NO:*AG4G2 THANK YOU ANDREW FELAN FOR YOUR PATRONAGE CLUB CRD NO: 7206658016 HART 005 STATE TAX 006 PROWERS COUNTY .96 .33 EFTOEBII 84.45 IDIAL PURCHASE PRIMARY USDESI M # 408900887085 #*** **** **** 028410 USDEBIT NETWORK ID. 0082 APPR CODE 000795 AID A0000000980840 AAC 7EBBF94B4DA7346B *Pin TERMINAL Verifiad # 29760705 Customer Copy Consult Big R's return po.icy all lyralle./tore-ratuns 03/29/24 15,54:10 Low Prices. Vou Cart trust. Every Day.: 03/29/24 16:54:15 Walmart+ Become a member Scan for free 30-day trial Give us feedback e survey.walmart.com Thank you! ID #:7TKH83X748Z Walmart> 719-336-0530 Mgr:GEREE 1432 E GLIVE ST LAMAR CO. 81052 ST# 02672 OPH 002754. TE 95 TRF 06649 ITEMS SOLD1 IG# 6242 0319 4960 3678 5079 SANDPAPR1OPK 00823540374B. SUBTOTAL TAX1 6.900. TOTAL DEBIT CHANGE TEND DUE EFI DEBTT PAV. FRON PRIMARY 7.89 TOTAL PURCHASE USDEBIT *** **#* **** 0284 TO REF NETWORK 403100099015. ID. 0081 APPR CODE 384876 USDEBIT AD A0000000980840 AAC BA08547CACDD5CBS #ND_SIGNATURE TERMINAL # 29760705 REQUIRED 01/31/24 16:29:58 Luv Prices Vou Can Trust,, Every Day. 01/31/24 16:30:03 Walmart+ Become a member B Scan for free 30-day trial Thank you for shopping at BIG R OF LAMAR (719) 336-7728 Shop 24/7 @ bigronline.com 02/01/24 5:38PM DAVE 1795820 BNS ASST SW TAFFY 190Z 96885289 3IN 90 ELBOW ST SANITARY 96398093 3INX2FT SCH40 DWV PIPE 201 SALE 1 EA $6.99 EA $6.99 1 EA $7.99 EA $7.99 1 EA $15.99 EA $15.99 7.3 X 53 7.8 7.89 0.00 SUB-TOTAL:$ 30.97 TAX: $ 1.21 TOTAL: $ 32.18 DBAMT: $ 32.18 DEBIT/ATM: $ 32.18 AMT: $ 32.18 DEBIT/ATM: XXXXXXXXXXXX0284 MID;****#***2992 TID:***3260 AUTH: 001919 Debit network id:106 Host reference #:352758 Bat# Trace# Authorizing Network: PAVD Chip Read CARD TYPE:DEBIT AID : A0000000980840 TVR : 8080048000 IAD : 06011203600000 TSI 6 6800 ARC : 00 MODE : Issuer CVM : Verified by PIN Name : US DEBIT ATC :0053 AC 9 9DCF75113E52F007 183219 EXPR: XXXX LAMAR BUILDING MATERIAL 224NMAINST LAMARC081052 719-336-7793 Sale 01/10/2024 Trans:20 VISA AMOUNT: CASHDI VUNT TOTAL: Kesp: Code: Ref#: App! Name: AID: TVR: TSE: 14:52 Batch:177 CHIP */** $3.00 $0.00 $3.00 APPROVAL 668859 668809 401021668899 VISAL DEBIT A0000000031010 8080008000 6800 =>> JRNL# D52758 CUST NO:*AM4KN THANK YOU ANDREW FELAN FOR YOUR PATRONAGE CLUB CRD NO: 8063369231 005 STATE TAX 006 PROWERS COUNTY .90 .31 Customer Copy "onsult Big R's return policy rnlrecaatcre-raums Larr dh tit acklionl ledgrs sp! ul goods and ubligal 1O1S set forih by the cai dhulder's agrécent with 1ssuer. CUSTOMER COPY Thank You Pomered By' ValorPay(y1.2.90) ENARDS GARDEN CITY 1110 Lareu Rd ardeil Cily, KS 67846 KEbi YUUR RECEIPI RETURN POLICY VARIES BY PRODUCT IYPE nless noted below allowable returns for tems on this receipt will be in the form of dn in store credit voucher if the return is done afler 04/21/24 If you have quest ions reyd ding the charges on your receipl, please email us at: Gofrontendienros.cuw Ganphers ppy Lamas Raunta 1005E Olive St Lamar, Colorado 81052 +17193362236 welcome to Gal Store!! TOTAL $64.82 Sale Transaction RENZO 4LT ISLAND LT 19118 2 0159.99 RENZO 3ITH PENUANT 11411 2 8129.99 VANITY BAR LT ORB 06615 2 615.99 ZIT SHARP CHEDDR & PAR 31126 EETARTS MINI CHEWY 54348 TAL XGARDEN CITY-KS 4.45% X_GARDEN CITY-KS 8,95% TAL SALE -DEBIT 0284 TDebit fi 131601221042 thip Inserted 0000000980840 C-5 5eb280bfae55dae7 IAL NUMBER OF ITEMS = 8 ANK YOU, YOUR CASHIER, Zolla 04 08-8270 01/22/24 01:14PM 3304 Items Pipe,TAC-BI:1112 (6x$7.54) Elbow 90 Blk 11/2 Lamar! ur (x$2001 SUBTOTAL COLDMAUVLTATETAK2P, PROWERS COUNTY TAX(1%) LAMAR CITYTAX/3) TOTAL Transaction Record Visa Purchase AUTHORIZED ADFT """0284 Alih 300 MANEMIJAGPORS99N Dec 18,.0..45/PM MID.O SOURCE ManualEnlty Price $45,24 $5.40 $10.00 $60.64 $1.76 $0.60 $1.82 $64.82 $64.82 319.98 259.98 31.98 2.24 4.17 618.35 0.29 54.77 673.41 673.41 01/22/24 13:16:45 PRIMARY ACCT Sold to: Cash Sale Lamar Cash Sale Lamar Dec 18,2424458PM Staffati Ter Donnie C Receipt: #2-3229 It's beena a pleasure doig business with youls Cume Back Soon'! Signature: Thank you for shoppi. BIG ROF LAMAR (719) 336-7728 Shop 24/7 e bigronline.com 01/19/24 7:11PM SJENSEN 201 SALE 9897467" 3/41N SS PINCH CLAMP 98974735 Ramphera Spy Lanars 1005 E Olive St Lamat, Colorado 81052 +17193362236 Welcome to our Storell TOTAL $227.99 1 EA $15.99 E EA 1 EA $54.99 EA TOTAL: $ 73.75 $ 73.75 $ 73.75 AMT: $ 73.75 $15.99 3/8IN-1IN CINCH CLAMP TOOLPE $5499 SUB-IOTAL:$ 70.98 TAX: $ 2.77 DB AMT: DEBIT/ATM: DEBIT/ATM: XXXXXXXXXXXX5307 MID:*#*2992 TID:***3260 AUTH: 001276 Debit network id:106 Host reference #:349914 Bat# Trace# Authorizing Network: PAVD Chip Read CARD TYPE:DEBIT AID : A0000000980840 TVR : 8080048000 IAD : 06011203602000 TSI :6 6800 ARC : 00 MODE : Issuer CVM : Verified by PIN Name : US DEBIT ATC :013C AC : 149300280203EDE Items Valve, Ball-Brass:11/2 BBVNL150 Nipple- Blk: 1/2x2 Soft Set-#5 Clear 25551 Wrench, Pipe-814 Aluminum: 14 31095 (2x$77.69) SUBTOTAL COLORADO STATETAX (2.9%) PROWERS COUNTY TAX(1%) LAMAR CITYTAX(394) TOTAL Transaction Record Visa Puichase AUTHORIZED ACCT * : : 0284 AUIH i 3OPWAGRANBWIO40910VIBI bec 20,2023.152PM MiD 0 SOURCE Manual Entiy Price $42.45 $0.84 $14.61 $155,38 $213.28 $6.18 $2.13 $6.40 $227.99 $227.99 096582 EXPR: XXXX =>> JRNLI D49914 CUST NO:*AG4G2 THANK YOU TSAIAH FELAN FOR YOUR PATRONAGE GLUB CRD NO: 7206658016 STAIE IAX WERS COUNIY 2.06 71 * Copy aturn policy /store- returns Sold to: Cash Sale Lamar Cash Sale Lamar Dec: 20,2023,152P PM Staff alr register Hunter W Receip! #1-1738 It's been a pleasure doing busiess with youlls Come Back Soon!!! Signalure Thank you for shopping at BIG R OF LAMAR (719) 336-7728 Shop 24/7 @ bigronline.com 01/19/24 5:08PM SJENSEN 202 SALE for shopuny at Thank you BIGROF LAMAR: (719). 336-7728 24/7 @ bigronline.com Shop 6:27PM SJENSEN 201. SALE 01/19/24 1 EA $5,99 EA 97003833 CRIMP R.S 10PK PEX 3/4IN 1 EA $1.99EA 96555338 11NSX1/21NF BUSH RED PVC EA $3.49EA 97003486 MPT X3/4 BARB BRS PEX 1/21N 11.47 TAX: $ SUB-TOTAL:S TOTAL: $ 11.91 BCAMT: $ 11,91 CARUI: XXXXXXXXXXXX5307 BK TID:***3260 MID:####42992 AMT:$ 11.91 AUTIH: 510900 #:349899 Bat# -. teference Atuorizing Metwork: VISA Chip Read IYPE:VISA CARD 000031010 61 TVR: : LGwU8000 IAD: 1 36011203602000 6 6800 TSI ARC : 00 MODE : Issuer CVM: : Naime : VISA DEBIT ATC :013B :1 1818C10980374131 AL TXnID/ValCode: 096256 Bank card 96150635 1/2IN ADPT MLE PVC 97003338 1/2IN ADPT FEMALE BRS PEX SUB-TOTAL:$ 1 EA .89EA 1 EA $3.49EA 4.38 TAX: $ TOTAL: $ BCAMT: $.89 $3.49 .17 4.55 4.55 $5.99 $1.99 $3.49 .44 BK_CARD#: XXXXXXXXXXXX307 MID****#**2992 TID:***3260 AUTH: 362925 Host reference #:349877 Bat# Authorizing Network: VISA Chip Read CARD TYPE:VISA AID : A0000000031010 TVR : 8080008000 IAD : 0601120360A000 TSI: :6 6800 ARC: 0 00 MODE : Issuer CVM : Name : VISA D DEBIT ATC :013A AC 7 78392CB73CC9198F TxnID/ValCode: 095386 Bank card AMT: $ 4.55 EXPR: XXXX EXPR: XXXX USD$ 4.55 USD$ 11.91 ->> JRNL# D49877 CUST NO:*AG4G2 THANK YOU ISAIAH FELAN FOR YOUR PATRONAGE CLUB CRD NO: 7206658016 =>> JRNL# D49899 CUST NO:*AG462 THANK YOU ISAIAH FELAN FOR YOUR PATRONAGE CLUB CRD NO: 7206658016 005 STATE TAX 006 PROWERS COUNTY Acct: ISAIAH FALAN .13 .04 005 STAIE TAX 006 PROWERS COUNTY Acct: ISATAH FALAN .33 .11 Customer Copy Consult Big R's return policy at oralre.c/aore-retume Customer Copy Consult Big R's return policy atb bprolrecwatue-raluns Ie S,- 4110J + saspejoupe. pue spoou. Je, 0089 0008000808 OIOI800000000H JIRAG VSIA 49084I226TOP 490ELI 4908LI TAOIddV 87'IE$ 00'0$ 84'IE$ **/** 2089 dIHO S8T:404eg 39:91 (06TAYeoreN noj surey AAPaIDHOI Ad0o sanssr E luem2ai8e 41101 SAPIOPIES 1as aAq pure spoos suoeargo jo idragei saAparonype apIope) OMEN Say #Jay apo) dses TVIOL INOOSIGHSVO INNONV VSIA 6:sueIL eles 202/61/IO 29018008VRVT E6LL-988-61L ISNIVRNVZS TIGIMNNICTINE AVNVT 0089. 0008000908 OTOIE00000000F Lul VSIA 9892E8E20I0P 989288 $89288 7VAONdAY 616$ 000$ 6516$ H twa0- 191R8 ISL 4IV JAI ameN ddy #I2Y apo) dsay LOL SICISYS INDONY VSIA eles SI:SIEL zO2/OT/IO E6LI-9EE-6T3 /TRIVESNICTINEZ AYRVT leut Aep-oE ea4y Joy ueos Jaqwew e ewoseg ewyem 42:0b:91, YZ/LL/EO "keg AJaAg 1snul uej no, saoyd MO1 EZ-04:9L VZILL/EO SD, #IN > JRNL#B70193 CUST NO:*1 Customer Copy <= A 59.4 XXXXXXXXA* 84 py Ado3 awojsns 39WNOSIVd HOA 8Oi NV73S M3BONH AOA MNVHI S*:ON ISAO LVL03 #INIT <<= 116848467 164 : 1900:314 I8:0 Sn : OWEN NId Aq payaA : WA2 J8.3SI :3 300W 00:084 0089 I ISI 980211090 : QVI 0008400808 : JAI 0h808600000004 : GIV 1I930:EdAL Qu40 pesy dyy3 03AOHdd/00 #aDP.1 :PL yyonzeu 419e0 47/666 HINV ***** *CIW 11830 XX" 0oIcZIIb 091#1eg LVVLv# 12 $1WH PBLXXXAWVwXX WIW/1I830 :INV80 SL'EIE $ SL'EIE $ SL'EIS $:4101 66'21$ 86'L$ (06'7A)4EJOIPA Ag pelanod nopyue AdOOROISIO JanssIys tomaeiin s,aproup 41 Aq woj pas SI 1PBrigo pi spoo? j idreoe. 54 yprirope) I2'02 $ :XWI 46'262 $.18101-80s NAS_X7VO 10W8O_ZOOL Y70VO SP" N37V 3IIHM 36671$ W3 L *V366'65 W3 2 66'09$ 3SV8 - 703 999 ININ3O V366'09$ W3 66'09$ 23SV8 7W9 3LYW MOIINI N38 V3 66'09$ 43 - 66'691$ V3 66'691$443 1 37S 8S9 SS/801 67768L 9X7922 5X3429 39106 0087 0008-00808 0I01500000000V JIRRI WSTA 89866P2ZIIOP E9866E 89866F 7VAONddy_ L'I61S 00'0$ LV'I6I$ dIHO 8LI:40188 02:91 ISI HAL AIV AIEN ddy #JeN apoj dsay TVIOL JNIOOSIGHSVO ENDOWV VSIA 8:SUPIL PIS R/TI/IO 86LL-988-61L 390IROOWVRYT ISHTYNNTE2 TVISELVN ONTCTTUI8 NWWVI - INIVd Ihn J1709/SINT HW8 Wdous 72/1 HOPRURUOSuCOAgwN 18 3NITNO d043 SO4L-99 29019 BALLO 377 8.1015 E 1 9NIddoHS 80: : Give us feedback Thank you! ID# walmart.com ZRH Give us feedi ck. e E: p 4lhart 'uve Thank you! ID #:7SLKZCA1Z-A Walmart * 719-336 0530 h FREE 1432. EOLIVE LAMAR CO B15, ST# 026/2 L OP# 003773. EH H TRH 04955 IEMS SOLD9 TCA_4311 5233 8019 2059 0925 5 081495301988 79.00 A HAMMER DRILL 088609800322 27.88X DTL SANDER 088952639337 19.77% MSSPNY BOTT 068333351332 1.07 X SANDPAPR1OPK 008235403748 7.38 MOUSE W/FIN 008235403753 4.38 SANDPAPR1OPK 008235403748 7.38% MOUSE W/FIN 008235403753 4.38 MOUSE W/FIN 008235403753. 4.38 SUBTOTAL 155.62 TAX1 6.900. 10.74 TOTAL 166.36 DEBIT TEND 166.36 CHANGE DUE 0.00 EFTDEBIT PAV FROM PRIMARY 166.36 TOTAL PURCHASE US DEBIT **** **** **** 0284 IO REF 3355007 5A2 NETWORK IP APPR CODE 370175 USDEBIT Ag AID 140u840 AAC Ab6,,4BA406012 *Pin. Verified TERMINAL #: 22288920 12/20/23 18:00:43 Low Prices You Can Trust. Every Day. 12/20/23 18:00:48 Walmart+ Become a member a Scan for free 30-day trial Wahmart: > 719-336-0530 Mgr:GEREL 1432. EOLIVEST LAMAR CO 81052 St J26/2 OP# 005444 TEA 77 T# 0517i ITEMS SOLD 12 I# 6158 5819 7921 8401 41870 1,5-OTPAIL 003706410039 12-1BRL RFRM 007708921000 5.64X 19.948 9.94 9.94 16.97 4.97 4.97 249.00 9.94 10.94 11 351. NUE 0.00 PRIMARY 02841 IO 118968 HART PE PE - 4-61 1 HSFY . NY CPi, WV 3X9: OP CLOT IH 7/08902600 703902604 5988048 70095A - 700950 427452 8902757 08903 85/79714 EFL_DEBIT 391.46 US_DEBIT REF # 40100039: NETHORK 1D. a USDEBIT AID A0000000980840 AAC 1505B3093F7373 *Pin Veri fied TERMINAE # 22288920 0159/24 17,13.5 Low Prices vou Can Fy Dair 01/09/24 Wa Becci Soani 13:56 tE Give us feedback e survey. walmart.com Thank you! ID #:7SLKZVXYILF Walmart * 719-336-0530 Mgr:GEREE 1432 LAMAR EGNEST CO. 81052 ST# 02672 OPu 002754 TE# 95 TRW 04059 ITEMS_SOLD1 TCH 4563 1992 3541 3985. 9157 PRODUCI SERIAL a 22156N760318 HRHA: X MRE 1841 1260823. THANK : FOR SHOPPING AT MAA BMS 724 ORi, MAIN SIREET SESICE BOX 986 TAR SESADO 81052-0986 (719) 35n-7793 "YOUR BOLDENG IAAIHGIAL S6 RARKET" yR /11/24 3:Z0PM '480 HAND MASKER TAPE CENCER 675750 THING PLAER 47.2"A7 75' DROP CLOTH 134034 VA1-5GAL DRYWALL PRIMER MUST CHARGE PCF PCF5G PAINT RECYCL ING FEE51 SUB-TOTAL: 172.27 1A $ I. BK CARD AMI: BK CARD#: XXXXXXXXXXXX3284 79.00 X .00 0.00 SALE: 1 EA SEA* 43.99 1 EA 7.99 LA 7.99 EA 13AIA 1 EA 1F SUBTOTAL A: 9A8 IUIAL 64.4: 5.4: DEBIT TEND 84.4: CHANGE DUE PAV FROM PRIMARY *** **** **** 02841 IO EFT DEBIT 84.45 TOTAL PURCHASE US_DEBIT REF NFTWORK 335400459310 ID. 0081 APPR CODE 516061 USDEBIT AID AAC A0000000980840 7BF912DDEE8702B1 #Pin. Verified, TERMINAL 29760705 4osner 12/20/23 16:31:37 Low Prices You Can Trust, Every Day. 12/20/23 16:31:42 Walmart+ Become a member B Scan for free 30-day trial TO:R:S 184.6 184.05 =>> JRNL#B70537 CUST NO:*1 Customer Copy <- CITYOF LAMAR, COLORADO MEETING OF CITY COUNCIL Monday, May 13, 2024-7:00p.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. Invocation - Jeff Alexander II. Pledge of Allegiance III. Call to Order IV. Roll Call V. Review Agenda CONSENT AGENDA Item 1-Approval of Council Meeting Minutes - 4/22/2024 Item 2-Approval ofl Minutes for Board and Commissions. a) Utilities Board - 4/9/2024 b) Historic Preservation Board - 1/16/2024, 220/2024,3/192024 c) Planning and Zoning Board - 1/16/2024, 3/13/2024 e) Water Board - 2/15/2024, 3/7/2024, 3/14/2024 d) Airport Board -3 3/27/2024 Item 3-P Payment of Bills Item 4-License - New and Renewal a) Coin Operated Amusement Devices License - Davis Delights, 35234 Col Rd 7,1 Lamar, CO PUBLICCOMMENT Item 1-A Audience 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 of the 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 4-1 Reports and Correspondence from Council OLD BUSINESS Item 1-Award Bid for New Financial Software to Tyler Technologies NEW BUSINESS Item 1-Public Hearing for al New Retail Fermented Malt Beverage & Wine Liquor) License for Family Dollar Stores of Colorado, LLC dba/Family Dollar #24291 A. Proofs of Publication - City Clerk/City Atty. B. Opening Remarks Mayor C. City Council Comments D. Open to the floor Mayor E. Closed to the floor - Mayor F.City Council Action - City Council Item 2-UAC 4U Agreement Item 3-CDOT Letter of Support for US50 Passing Lanes Grant Application Item 4-AI Resolution oft the Board of Directors of southeaster Colorado Water District concerning the 2003 Intergovernmental Agreement with the City of Aurora Item 5-Approval of ARPA Subrecipient Agreement with Southeastern Colorado Water Conservancy District (SECWCD) Item 6-Approve Staff to Apply for CDPHE 1306 Brownfields Cleanup Grant Item 7-1 Approve Agreement with Ayers for Consulting Services for the Preparation of the CDPHE 1306 Brownfields Cleanup Grant Item 8-Approve Grant Agreement with SECOG for Dog Park Improvements Item 9-Discuss and consider in-kind contribution to the shore arts center Item 10 -Memorandum of Agreement for Participation in the Colorado Department ofLocal Affairs' Main Street Program Item 11 - Schedule: al Public Hearing for The Royal on the 7th Subdivision Final Plat ORDINANCE 1ST READING Item 12- Ordinance No. - "An Ordinance ofthe City ofLamar, Colorado stating the intent of the City ofI Lamar, repealing And replacing transportation units, Chapter 6, Article IV" Item 13 - Miscellaneous Item 14 - Executive Session - (1) Fora conference with the City Attorney for the purpose of receiving advice on specific Legal questions under C.R.S. $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. $24-4-402(4)(e). regarding the Chief of Police Search NEXT CITY COUNCIL MEETING - Monday, June 10, 2024 @ 7:00 P.M Individuals with disabilities needing auxiliary aid(s) may request assistance by contacting Stephanie Strube at City ofl Lamar, 102 E Parmenter, Lamar CO81052, or by phone (719)336-4376. We would appreciate 481 hours advance notice oft the event so arrangements can be made to locate the requested auxiliary aid(s). CITY OF LAMAR April 22, 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: Absent: Consent Agenda consent agenda Items 1-3. Shalah Mata, Gerry Jenkins, Kirk Crespin, David Zavala, Manuel Tamez, Brent Bates, Rob Evans, Kristin Schwartz, Lance Clark Joe Gonzales Councilmember Jenkins moved and Councilmember Tamez seconded to approve the Item #1 - Approval of Council Meeting Minutes - 3/25/24 Item #2 - Approval of Minutes for Board and Commissions a) Utilities Board - 3/25/2024 b) Variance Board -9/7/2023 Item #3 = Payment of Bills General Fund-Vouchers #99055-#99175 Voting Yes: Mata, Jenkins, Crespin, Zavala, Tamez, 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 City Treasurer Schwartz reported that they submitted the SECOG grant by the deadline. This grant will be utilized to help with expenses for the dog park. City Clerk Report None City Administrator Report CML Conference Loveland. Coffee with Rob City Administrator Evans reported that the CML Conference will be June 18-21, 2024 in City Administrator Evans announced schedule for Coffee with Rob. April 24, 2024 - 7:00 a.m. Truck Stop Cornhole Tournament City Administrator Evans announced that there will be a Cornhole Tournament on Saturday, April 27, 2024, 6:00 p.m. at the Lamar Elks Lodge. Lamar Chamber of Commerce 3rd Annual Glow Golf Night Tournament City Administrator Evans announced that the Lamar Chamber of Commerce will host their 3rd Annual Glow Golf Night Tournament on Saturday, June 88, 2024, 4:00 p.m. at Spreading Antlers Golf Course. City Council Meeting Monday, May 27, 2024 - Memorial Day City Administrator Evans announced that there will be no City Council meeting on Monday, May 27, 2024. If an additional meeting is required in May they will call for one City Treasurer Schwartz did state that if there is no meeting she will need approval to cut and pay bills out of cycle and approve at the next regularly scheduled meeting. to be scheduled. Project Update City Administrator Evans reported on the following: Library Summer Reading Program begins May 13, 2024 and the Writing Contest Parks & Recreation has an item on the agenda regarding beaver relocation Police Department has all three new Durango's in service. They have schedule Sanitation Department has been working on the clay liner at the landfill Water Department has checked well fields and done any necessary maintenance IT Department has been installing cameras at various locations in city buildings. Complex is almost complete at this time. Penetration testing audit has not been schedule but is in the works, trying to fit around everyone's busy times. Fire Department had another shed fire, stopped before it got to the home. Also LPI is working on revising their Main St. plan that they will be submitting to DOLA ends on May 31, 2024. project. Friday with the Force on July 19, 2024. Community Engagement Picnic is June 7, 2024. that was needed. Website updates due to ADA Compliance they are starting their annual hose testing. Miscellaneous Mayor Crespin asked how the Public Safety Board was coming along. City Administrator Evans stated that they had a great meeting with 4 people in attendance so they had a quorum and were able to go over some information and begin work on the by-laws. We had two individuals step up to be the chairman and the secretary. Reports and Correspondence from Council Water Board Update Councimember Tamez reported that the well water is standing in a good position compared to last year. He stated that we have one of the highest snow packs for the states. He also reported that Tresa Holbert one of the water specialists for the City, went and conducted a workshop with the 3rd and 5th grades, to share opportunities with the kids are future types of careers. PEP Board Update Councilmember Bates reported that PEP has awarded 15 incentive packages, 13 were for the façade program and 2 were for general business. He stated that a sub- committee was formed to evaluate the incentive program. LPI Board Update Councilmember Bates reported that they did their strategic plan today during their meeting and finalized the plan with Melissa Antol, LPI's Consultant for DOLA. This will be sent off to get published. They held a work session on Saturday for the Corporate Cup. The Corporate Cup will be July 24-27,2024. NEW BUSINESS Correction to March 25, 2024 Council Minutes Councimember Tamez moved and Councimember Bates seconded to approve correction to the March 25, 2024 Council Meeting previously approved at the April 8, 2024 meeting. Voting No: None Voting Yes: Mata, Jenkins, Crespin, Zavala, Tamez, Bates Mayor Crespin stated "Let the record reflect that all Councilmembers voted an Schedule Public Hearing for a New Retail Fermented Malt Beverage & Wine Liquor License for Family Dollar Stores of Colorado. LLC dba/Family Dollar Store Councilmember Bates moved and Councimember Jenkins seconded to approve the scheduling of public hearing for a New Retail Fermented Malt Beverage & Wine Liquor License for Family Dollar Stores of Colorado, LLC dba/Family Dollar Store #24291 set affirmative, motion passes 6-0". #24291 for May 13, 2024. Voting No: None Voting Yes: Mata, Jenkins, Crespin, Zavala, Tamez, Bates Mayor Crespin stated "Let the record reflect that all Councilmembers voted an affirmative, motion passes 6-0". Display and Services Agreement with Tri-State Fireworks Councilmember Tamez moved and Councilmember Jenkins seconded to approve the Display and Services Agreement with Tri-State Fireworks for the 4th of. July display in the amount of $12,000.00 and the August 10th rodeo display in the amount of $3,000.00 and authorize the Mayor to sign. Voting Yes: Mata, Jenkins, Crespin, Zavala, Tamez, Bates Voting No: None Mayor Crespin stated "Let the record reflect that all Councilmembers voted an affirmative, motion passes 6-0". Appointments to the Parks and Recreation Advisory Board Councimember Jenkins moved and Councimember Mata seconded to approve the appointments of Kellie Gains and Gabriel Benabides both for expired three-year terms expiring February 1, 2027. Voting No: None Voting Yes: Mata, Jenkins, Crespin, Zavala, Tamez, Bates Mayor Crespin stated "Let the record reflect that all Councilmembers voted an affirmative, motion passes 6-0". Allen Aviation Commercial Lease Agreement Renewal Councilmember Bates moved and Councilmember Tamez seconded to approve Allen Aviation Commercial Lease Agreement Renewal expiring March 31, 2025 and authorize the Mayor to sign. Voting No: None Voting Yes: Mata, Jenkins, Crespin, Zavala, Tamez, Bates Mayor Crespin stated "Let the record reflect that all Councimembers voted an affirmative, motion passes 6-0". Motion to Ratify Approval to Apply for SECOG 2024 Technical Assistance Grant toh help with Dog Park Sod and Sprinkler Expenses at North Gateway Park Councilmember Tamez moved and Councilmember Bates seconded to approve the motion to ratify approval to apply for SECOG 2024 Technical Assistance Grant to help with Dog Park Sod and Sprinkler Expenses at North Gateway Park Voting Yes: Mata, Jenkins, Crespin, Zavala, Tamez, Bates Voting No: None Mayor Crespin stated "Let the record reflect that all Councilmembers voted an Approval of the Great Outdoor Colorado (GOCO/Planning and Capacity Grant Councilmember Bates moved and Councimember Tamez moved to approve the Great Outdoor Colorado (GOCO) Planning and Capacity Grant Agreement in the amount of $155,000.00 to be used towards the hiring of a consultant for the Recreation Master affirmative, motion passes 6-0". Agreement Plan and authorize the Mayor to sign. Voting Yes: Mata, Jenkins, Crespin, Zavala, Tamez, Bates Voting No: None Mayor Crespin stated "Let the record reflect that all Councilmembers voted an Monitoring Agreement with Great Plains Security, LLC for Community Building Councilmember Bates moved and Councimember Mata moved to approve Monitoring Agreement with Great Plains Security, LLC of Community Building Fire Alarm and authorize the Mayor to sign agreement and addendum per attorney. affirmative, motion passes 6-0". Fire Alarm Voting Yes: Mata, Jenkins, Crespin, Zavala, Tamez, Bates Voting No: None Mayor Crespin stated "Leti the record reflect that all Councilmembers voted an affirmative, motion passes 6-0". Participation Agreement for HGACBuy Government Bid Site Councimember Tamez moved and Councilmember Bates seconded to approve participation agreement for HGACBuy Government Bid Site, allow the Mayor to sign and the City Treasurer to submit electronically. Voting Yes: Mata, Jenkins, Crespin, Zavala, Tamez, Bates Voting No: None Mayor Crespin stated "Let the record reflect that all Councilmembers voted an affirmative, motion passes 6-0". Award Bid for New Financial Software to Tyler Technologies Councilmember Bates moved and Councimember Jenkins seconded to table the awarding of bid for new financial software. Voting Yes: Mata, Jenkins, Crespin, Zavala, Tamez, Bates Voting No: None Mayor Crespin stated "Let the record reflect that all Councilmembers voted an Approval of Agreement with USDA Animal & Plant Health Inspection Services Councilmember Tamez moved and Councimember Zavala seconded to approve agreement with USDA. Animal & Plant Health Inspection Services (APHIS) Wildlife affirmative, motion passes 6-0". (APHIS) Wildlife Services Services and authorize the Mayor to sign. Voting Yes: Mata, Jenkins, Crespin, Zavala, Tamez, Bates Voting No: None Mayor Crespin stated "Let the record reflect that all Councilmembers voted an Award Bid 44-003 for Concessions at Lamar Sports Complex affirmative, motion passes 6-0". Councimember Tamez moved and Councimember Jenkins seconded to approve and award Bid 44-003 for Concessions at Lamar Sports Complex to 3 SG Concessions. Voting Yes: Mata, Jenkins, Crespin, Zavala, Tamez, Bates Voting No: None Mayor Crespin stated "Let the record reflect that all Councilmembers voted an Award Bid 44-007 for Financing for the New Caterpillar Motor Grader affirmative, motion passes 6-0". Councimember Bates moved and Councilmember Jenkins seconded to approve and award Bid 44-007 to Community State Bank for the lease financing of a new Caterpillar Motor Grader. Voting No: None Abstain: Voting Yes: Mata, Jenkins, Zavala, Tamez, Bates Crespin Mayor Pro-Tem Tamez stated "Let the record reflect that all Councilmembers voted an Mayor Crespin abstained due to being an officer at Community State Bank. Discussion and Approval of Resolution No. 24-4-01 to Amend Donated Leave Councilmember Bates moved and Councimember Jenkins seconded to approve affirmative, motion passes 5-0". Policy Resolution No. 24-4-01 to Amend Donated Leave Policy. Voting Yes: Mata, Jenkins, Crespin, Zavala, Tamez, Bates Voting No: None Mayor Crespin stated "Let the record reflect that all Councilmembers voted an affirmative, motion passes 6-0". Miscellaneous Councimember Bates announced that SE Colorado Cancer Initiative will be hosting their annual fund raiser on July 20, 2024, 6:00 to 10:00 p.m. at the Pocket Park. Councimember Jenkins wanted to offer condolences to Robert Flores, Sanitation Executive Session - (1)For Discussion of Personnel Matters including Evaluations of Senior Staff under C.R.S. Section 24-6-402(4)( for follow up regarding City Clerk, City Treasurer, and City Administrator's annual reviews, (2) For Conference with City Attorney for the Purpose of Receiving Legal Advice on Councimember Jenkins moved and Councilmember Bates seconded to enter into an executive session - (1) For Discussion of Personnel Matters including Evaluations of Senior Staff under C.R.S. Section 24-6-402(4)() for follow up regarding City Clerk, City Treasurer, and City Administrator's annual reviews, (2) For Conference with City Attorney for the Purpose of Receiving Legal Advice on Specific Legal Questions under Supervisor for the loss of his wife. Specific Legal Questions under C.R.S. Section 24-6-402(4)b) C.R.S. Section 24-6-402(4)(b). Voting No: None Voting Yes: Mata, Jenkins, Crespin, Zavala, Tamez, Bates Mayor Crespin stated "Let the record reflect that all Councilmembers voted an Regular meeting recessed and executive session convened at 7:56 p.m. affirmative, motion passes 6-0". In attendance during (1) were all of Council called in during roll call, City Attorney, City Administrator, City Treasurer, and City Clerk. City Treasurer and City Clerk left meeting at 8:45 p.m. Councilmember Bates moved and Councilmember Tamez seconded that executive session adjourn at 9:30 p.m. and open meeting was reconvened. Voting Yes: Mata, Jenkins, Crespin, Zavala, Tamez, 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 Bates moved and Councimember Tamez seconded that the meeting adjourn. Voting Yes: Mata, Jenkins, Crespin, Zavala, Tamez, 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 9:30 p.m. Linda Williams - City Clerk Kirk Crespin = Mayor LAMAR UTILITIES BOARD April 9, 2024 MINUTES OF THE UTILITIES BOARD MEETING The Lamar Utilities Board met in regular session at 12:01 p.m. with Chairman Thrall presiding. Present: Jay Brooke, Doug Thrall, Patrick Leonard, Jill Bellomy, Roger Stagner, Kirk Crespin, Lance Clark, Houssin Hourieh, Lisa Denman, Leala Owen, Linda Williams Absent: Minutes of Previous Meeting - March 26, 2024 meeting minutes of March 26, 2024. Boardmember Stagner moved and Boardmember Leonard seconded to approve Voting Yes: Brooke, Thrall, Leonard, Bellomy, Stagner Purchase Orders #92917 through #92964 Voting No: None Boardmember Brooke moved and Boardmember Bellomy seconded to approve purchase orders #92917 through #92964 in the amount of $616,715.35. 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 #54327through #54388 for a total of $263,268.80. Voting Yes: Brooke, Thrall, Leonard, Bellomy, Stagner Voting No: None Consider Approval of Irrigation Contract- Colorado Gravel Boardmember Leonard moved and Boardmember Stagner seconded to approve Irrigation Contract - Colorado Gravel for a 40hp irrigation pump located at 31100 US Hwy 385, north of Granada, CO in Prowers County at a rate of $10.00 per HP, minimum of $400.00 annually and $28.00 monthly service charge. Voting Yes: Brooke, Thrall, Leonard, Bellomy, Stagner Consider Approval of Bid #2039 - Line Material Hardware Voting No: None Boardmember Brooke moved and Boardmember Stagner seconded to approve and award Bid #2039 - Line Material Hardware to Stuart Irby in the amount of $13,724.65. Voting Yes: Brooke, Thrall, Leonard, Bellomy, Stagner Voting No: None December 2023 Financial Report Superintendent Hourieh reviewed the December 2023 financials which included the following: Balance Sheet - Cash is up $48,587.00 from November 2023 and accounts Income Statement - Total operating revenue is $1,081,292.00 with total operating costs being $1,114,432.00f for a gross operating loss of $33,140.00. Adding in non-operating revenues and expenses brings the net income to YTD Income Statement - YTD operating revenue is $14,430,512.00 and total operating costs are $12,720,828.00 resulting in gross operating income of $1,709,684.00. Adding in non-operating revenues and expenses, there is a net YTD Comparison to 2022 - Retail sales are up $224,682.00 or 2%. However, operating expenses are up approximately $985,240.00 or 8% resulting in a net receivable has increased by $137,316.00. $420,143.00. income of $418,385.00. income of $418,385.00 for the year. System Operating Report study will focus on the following: Superintendent Hourieh reported that they have been working with City Light and Power Engineering (CLPE) in conducting a distribution system planning study. The system System modeling and load flow analysis. Develop a base line model that includes transmission, interconnections, substations, feeders, switching, transformers, and distributed generation of solar and wind energy. Distribution system assessments. This is a detailed assessment of system configuration, inventory components, identify system deficiencies. Final report and documentation that will provide a finalized detailed work plan. He stated that the study stems from grid resiliency, grid hardening grant funding from the DOE and Colorado Energy Office (CEO), that ARPA is planning on applying for on behalf of its' member cities. The grant application has not opened yet, but expected to open by late fall this year. We are in competition with other utilities in Colorado, however, utilities located in Bent and Prowers Counties have better chances in getting the grant funding as we are located in a disproportionately impacted area of the state. ARPA will fund the distribution system planning study by CLPE whether we received the Superintendent Hourieh reported that the line crew completed the installation of3- 100KVA, 400A, 4kv voltage regulators for the town of Holly. The installation included voltage regulators bypass switches, lightening protections and mounting platform. These voltage regulators will regulate voltage to 3 -3 300 HP irrigation pumps for Superintendent Hourieh reported the wind turbine crew will be starting the semi-annual maintenance and inspection program on all 5 wind turbines. Each turbine will be shut down for approximately 8 hours on a calm day sO that preventative maintenance can be Distribution system improvements. grant or not. Granada Farms, South of Holly. performed safely per GE's recommended maintenance. Superintendent Hourieh announced that Weathercraft will begin the roof repair on the old plant next week. Adjournment There being no further business to come before the Board, Boardmember Brooke moved and, Boardmember Leonard seconded that the meeting adjourn. Voting Yes: Brooke, Thrall, Leonard, Bellomy, Stagner Voting No: None The meeting adjourned at 12:18 p.m. Linda Williams - City Clerk Doug Thrall - Chairman LAMAR HISTORIC PRESERVATION BOARD WORKING NOTES LAMAR CITY COMPLEX, LAMAR, COLORADO January 16, 2024 1. CALLTOORDER Meeting was called to order by Jenni Mortimeyer at 7:07 am. 2. WELCOME & INTRODUCTIONS Board members attending were: Jennifer Mortimeyer via phone, Galan Burnett, Trevor LaCost, Stephanie Gonzales, Jacob Peterson and city liaison Anne-Marie Crampton, City staff member. Joy Dashner. Mike Duffy represented press, and no public was present. 3. APPROVAL OF MINUTES motion by Jacob, all in favor. The November 21, 2023 meeting minutes were approved. Motion by Trevor and second 4. PUBLIC COMMENT ON NON-AGENDA ITEMS None. 5. - OLD BUSINESS- 2024 Trainings/Conterences CLG Orientation 1-17-24 12:00pm. Additional Opportunities. Saving Places Conference in Boulder 1-30-24t to 2-2-24 will be attended by Trevor, Stephanie. Anne-Marie was going to try to attend via zoom. Priorities - Priorities identified for the group were as follows: Main Café approval from EPA1 to do another asbestos assessment update after the first of the year. That will take place on February 6, 2024. Progress is slow, but there is a list that is being accomplished. There is a very good draft of MOU with the Rhodes, owners of Home & Season. The MOU includes the Rhodes donating the north half oft the upstairs to create two apartments for assistance to demolish one or both of their warehouses in the parking lot to the west. Ayres Associates will have another chance to reviewit. When we get that back, we will then submit it to the City's Attorney, Lance Clark, to consider and revise before the Rhodes look it over and give their approval. After the Council approves the MOU, then we will create a condo association for second floor apartments, Home & Season, and the Main Café. Ayres will contract to refresh any previous documents that have expired and create a plan to move forward. No report back on the caretaker's house at' Willow Creek Park, Ayres was going to include that for a design concept on what the caretaker's house could be. Iti is in Anne-Marie did some work on the Historic Preservation page. It has all the updated minutes, ordinances, application and steps to get it completed. She will ask Ayres look at the process of the application, and how long it takes. the flow fori the Phaselassessment as well. 6. NEW BUSINESS - NEXT STEPS Colorado Heritage for All Survey-went over together during meeting. CLG Grant Application- Board will discuss what we want to apply for, then ask for permission from Council to apply. Look at requirements and see what we want to prioritize. 7. Misc. Items- Ideas to advertise the HP Board, Facebook, radio; City of Lamar website. 8. NEXT PUBLIC MEETING Complex. 9. ADJOURN The next public meeting will be at 7:00 a.m. on February 20, 2024 at the Lamar City Meeting adjourned 7:59am LAMAR HISTORIC PRESERVATION BOARD WORKING NOTES LAMAR CITY COMPLEX, LAMAR, COLORADO February 20, 2024 1. CALLTOORDER Meeting was called to order by' Vice Chair. Jacob Peterson at 7:10am. 2. WELCOME & INTRODUCTIONS Board members attending were: Jennifer Mortimeyer via phone, Trevor LaCost, Jacob Peterson, City liaison, Anne-Marie Crampton, and City staff member, Joy Dashner. No public or press were present. Galan Burnett and Stephanie Gonzales were not present. Trevor LaCost made motion to approve the. January 16, 2024 meeting minutes, and Jacob 3. APPROVAL OF MINUTES seconded. Motion passed. 4. PUBLIC COMMENT ON NON-AGENDA ITEMS None. 5. OLD BUSINESS 2024 Trainings/Conferences The CLG Orientation webinar (1-17-24) is well worth the time. Anne-Marie attended this and provided the online link for board members to watch Trevor LaCost and Stephanie Gonzales attended the Saving Places Conference in person and Anne-Marie Crampton attended remotely. Anne- Marie and Trevor gave summaries of what they learned from the conference. Anne-Marie is providing a written summary of her takeaways Anne-Marie completed the Colorado Heritage for All Survey based on feedback provided by the group at the January meeting. The State hopes to add 150 new sites ini the next two years, SO Anne-Marie and Trevor expected tol hear something soon with next steps. There is a webinar regarding Colorado Heritage for All recording. with February minutes. scheduled for 3/20/2024 at 12:00 pm. Priorities - Priorities identified for the group were as follows: Main Café - there is an asbestos spill on the first floor of the building. The notice posted inside the front door. The spill has to be mitigated first potentially with a CDPHE 1306 asbestos abatement grant. The City is anticipating that it can receive grants for the spill and removal throughout the first floor. It will know the extent of the asbestos contamination when reports come in at the end of the month. The current EPA Brownfield grant is for assessment and redesign, not for asbestos mitigation. Abatement is federal money and state money. While the asbestos inspector was here, he also inspected the empty warehouses that are behind the Main Café. The City is negotiating with the owners of Home & Season to demolish one or both of the buildings in exchange for ownership of the second floor of the Pike's Tower is starting to need significant work. The Zebulon Pike National Historic Trail Association is lobbying for federal designation on the routes that Zebulon Pike took on his excursions, including the one to the Rocky Mountains. If this happens, Pike's Tower could be a significant feature. The Board agreed to keep Pike's Tower on the ongoing agenda for future south portion oft the Home & Season building. Caretaker's House at Willow Creek Park No report updates. 6. NEW BUSINESS-N/A 7. MISCELLANEOUS-NA 8. NEXT PUBLIC MEETING Lamar City Complex. 9. ADJOURNMENT Meeting adjourned 7:49 am The next meeting will be on March 19, 2024 at 7:00 a.m. in the Conference Room at the LAMAR HISTORIC PRESERVATION BOARD WORKING NOTES LAMAR CITY COMPLEX, LAMAR, COLORADO March 19, 2024 1. CALLTOORDER Meeting was called to order by' Vice Chair. Jacob Peterson at 7:06am. 2. WELCOME & INTRODUCTIONS Board members attending were: Jennifer Mortimeyer via phone; Jacob Peterson; Galan Burnett; Stephanie Gonzales; City liaison, Anne-Marie Crampton; and City staff member, Joy Dashner. Community/press: member, Mike Duffy, was present. Trevor LaCost was absent. 3. APPROVAL OF MINUTES Stephanie Gonzales made motion to approve the February 20, 2024 meeting minutes, and. Jacob seconded. Motion passed. 4. PUBLIC COMMENT ON NON-AGENDA ITEMS - None. 5. OLD BUSINESS 2024Tamins/Conferenes Anne-Marie encouraged the board to attend the Colorado Heritage for All Webinar on 3/20 for more details on what Lamar area sites might qualify and the process to apply. She will send a link to the recording. Other trainings as listed on the handout, including Defensible Decision- Making and Ethics for Commission Members. And CLGs & Colorado Main Street. Lamar is currently a Graduate Main Street Community. Anne-Marie reminded. Stephanie and Trevorthat theirsummaries from the Colorado Heritage for All - State will contact us to start discussions on our Saving Places Conference are due on 4/5. potential sites among other ideas are: Big Timbers - the oldest known photograph Daguerreotrype) of an Indian encampment wasi taken at Big Timbers along the Arkansas River. The exact LaColonia-r migrant housing for sugar beeti industry workers while general borders are, generally known, the exact ones need to be confirmed. Priorities - The Board has identified the following ongoing priorities: location on Big Timbers is under debate. Main Café -Still waiting on final asbestos inspection report. He is coming back down to the Main Café1 to take more samples. There is an asbestos spill on the first floor of the Main Café building. The notice is posted inside the front door. The spill has to be mitigated first, potentially with a CDPHE 1306 asbestos abatement grant. The Giyisanticipatingthat: it can apply for grants for the spill and removal throughout the first floor. It will know the extent of the asbestos contamination when reports come in at the end oft the month. The current EPA Brownfield grant is for assessment and redesign, not for The City is negotiating with the owners of Home & Season to demolish one or both of the warehouses to the west (111A and 111B W Beech St) in exchange for ownership oft the second floor oft the south portion oft the Home &S Season building. The City has paid for structural assessments and asbestos inspections on the buildings. One or both will be demolished to create more parking for the Main Café and downtown businesses. One of the two warehouses is structurally sound and can be saved. The Rhoades' may want to keep the sound warehouse for storage, but they need to replace the roof soon. With the demolition ofthel larger warehouse, there willl be significantly more space for off street parking. Both warehouses have asbestos spills. Caretaker's House at Willow Creek Park - No report. The Board discussed the fact that the roof and walls need to be replaced or fixed. Need to ask for the Caretaker's House to be added to the the Parks and Rec master plan priorities to potentially access GOCO grant funds. Once it is restored, the Caretaker's house could be used for meetings and community as well as Pike'sTower is starting to need significant work. The Zebulon Pike National Historic Trail Association is lobbying for federal designation on the routes that Zebulon Pike took on his excursions, including the one to the Rocky Mountains. If this happens, Pike's Tower could be a significant feature. The Board agreed to keep Pike's Tower on the ongoing agenda for future updates. Anne-Marie has not heard from the ZPNHTA President. asbestos mitigation. office space. 6. - NEW BUSINESS-N/A 7. MISCELLANEOUS- The Board agreed to resume formal quarterly meetings after April 16, 2024, with the understanding that informal meetings will be scheduled if necessary. Anne-Marie can email the board with periodic updates and educational opportunities. The next meeting will be on April 16, 2024 at 7:00 a.m. in the Conference Room at the 8. NEXT PUBLIC MEETING Lamar City Complex. 9. ADJOURNMENT - Meeting adjourned 8:06 am MEETING MINUTES PLANNING AND ZONING ÇITYOF LAMAREL Location: Date: Time: Attendees: Absent: Cultural Event Center January 16, 2024 6:00pm Tim Courkamp, Wayne Reinert, Eric George, Joe Gonzales, Warren Camp, David Zavala, Stephanie Strube, Earl Hawkins from Variance Board AGENDA DETAILS I. MEETING CALLED TO ORDER Time: 6:05pm 1I. APPROVAL OF MINUTES FROM DECEMBER 12, 2023 Motion to approve:. Warren Camp 2nd by: Joe Gonzales Alli in favor: Yes III. OLD BUSNESS-ANAEXATION PZ-2023-07, 2018 IRC ORDINANCES Annexation of PZ-2023-07 LCC Project House. Move to take letter of support to Council. Motion: Eric George 2nd by: Wayne Reinert All int favor Yes Go over adopting the amendments to the 2018 IRC. Move to have Stephanie Strube take ordinance to council to accept amendments to the 2018 IRC Code Motion: Eric George 2nd by: Wayne Reinert All in favor Ves "IV. NEW BUSINESS- REAPPOINT TIM COURKAMP, PZ-2024-01 Tim Courkamp's five (5) year term on the Planning and Zoning Commission expires on February1, 2024. Motion to accept Tim Courkampsappliation. Motion: Wayne Reinert 2nd by: Warren Camp Alli in favor Yes PZ-2024-01 LAI Design/Grover Management: Request for approval of variance in lot size. Request for Variance on! Sec. 30-243 & Sec. 30-285 (Min. Lot Requirements). Motion to take PZ-2024-01 motion to work session with City Council regarding variance in lots size. Minimum lot requirements not met. Motion: Warren Camp 2nd by: Eric George All ini favor. Yes V. CONCLUSION Adjourn: 7:04pm Motion: Wayne Reinert 2mdby: Joe Gonzales Syiaiu Sub Stephanie Strube Tim Courkamp ELhp Page 2 PUBLIC HEARING MEETING MINUTES ÇITYOF LAMARE PLANNING AND ZONING Location: Date: Time: Attendees: Absent: Lamar Municipal Courtroom March13, 2024 6pm Warren Camp, Eric George, Joe Gonzales, David Zavala, Stephanie Strube Tim Courkamp, Wayne Reinert MEETING CALLED TO ORDER PUBLIC HEARING Time: Motion: 2nd by: 6:11pm Stephanie II. MOTION TO HAVE WARREN CAMP FILL IN FOR TIM COURKAMP AS VICE CHAIR Motion: Joe 2nd by: Alli int favor: yes Eric III. APPROVAL OF MINUTES Motion: 2nd by: Alli in X IV. OPEN PUBLIC MEETING OPENED 6:12PM Motion: 2nd by: All in favor: yes Eric David V. PZ-2024-01 LAI DESIGN GROUP FOR GROVER MANAGEMENT Variance for re-plat of600S.2mdSt: and 308 E. Pearl St. Request approvalv variançe in lot size. Doug Thrall 6:15pm Presented duplex's that were previously divided. Townhome conversions donei in Denver when market crashed. Homeowners improve their property, chose to stay in area, most people want to own, $140,000t to $150,000. Some plumbing has been redone. Eric asked for a description of variance of lot size. Doug HOA will be set upi for shared common area. Joe asked about variance. size to council. Motion: 2ndby: All in favori yes Eric would like to make a motion to take variance fora approval ofar reduced lot Eric Joe VI. PZ-2024-02 LAI DESIGN GROUP FOR GROVER MANAGEMENT Variance lot size 209-208 El Walnut St and 900.902/90690453-52 Request for approval of variance for reduced lot size. Opened public hearing for PZ-2024-02 6:35pm. Doug said garages will be leased by HOA. Fenced properties are basically property. Discussion of HOA and garages. 8 garages Eric would like to make a motion to take variance for approval lofareducedi lot size to council. Motion: Eric 2nd by:. David All in favor: yes Public hearing closed 6:42 pm Motion: Joe 2nd by: David Alli int favor: yes VII. NEW BUSINESS Transportation units (Connex boxes)-discussion Ground snow load information-presented toi the board from Stephanie Possibility of a Special Use permit for 3500 1:tSt. South coming up. Royal on the 7th submitted updated plans for review. Strube. Page 2 VIII. CONCLUSION Adjourn: 7:26pm Motion: Warren 2nd by: All in favor: yes Gbne Warren Camp Joe Smb Strube Bp Bs Page 3 CITY OF LAMAR Airport Advisory Board March 27, 2024 Present-Charman Dean Reed, Rayce Coen, Bert Heckman, Cameron Rogers, Scott Reed Others Attending- Public Works Director Patrick Mason, Prowers Economic Prosperity Project Coordinator Tallie Harmon Dean Reed called the meeting to order at 6 PM. The first order of business was the airport Managers report. Discussion was held regarding the Taxiway A project funding, scope of work and timeline of the project. The Board also heard discussion regarding a possible private hangar development that could take place this year. The Board discussed the private hangar development agreement and potential placement of the new hangar. The Board then moved to make a motion to accept the application of Cameron Rogers for appointment to the Board for another 5-year term. Dean Reed made the motion to recommend Cameron Rogers for another term, Rayce Coen seconded the motion. Cameron Rogers made a motion to recommend Dean Reed for another 5-year term and Rayce Coen seconded the motion. Being no further business before the Board Cameron Rogers made a motion to adjourn the meeting Rayce Coen seconded the motion. Meeting adjourned at 6: 47 PM. Respectfully Submitted, Public Works Director Patrick Mason 102 N Parmenter St., Lamar, COS 81052 ph..719.336.2002 fax:719.336.4404 www.c.amar.co.us CityofLamar Water Board. Advisory 2/15/2024 Present - Brad Young, Chris Henderson, Roy Cue, Dan Neuhold, Gene Cruikshank, Robbie Batdorf, Patrick Mason Meeting was called to order at 5:03 p.m. 2nd by Roy Cue. Minutes Passed. Chris Henderson entertained a motion to approve the January 2024 minutes. Moved by Dan Neuhold, Water/Wastewater Superintendent Robbie Batdorfr reviewed well water levels comparing December 2023 to. January 2024. Data was also reviewed comparing January 2023 to January 2024 where most wells saw an increase of feet of water in the well. Next, snowpack levels were reviewed and proving better than 2023 so far. FryArk account water was also discussed with about 3695.75 ac ft. in storage. Robbie mentioned the Lead & Copper program in which: -The state is requesting an inventory for lines older than 1986 to check for Lead and replace -The American Water Works Association. agrees with the idea; but the program execution needs to be feasible. -WSP engineering can help with tech and documentation but potholing grant funds are used up. -Unknown lines must be considered as lead! lines and added to inventory. Public Works Director Patrick Mason informed board members of the water/wastewater monthly sales report for. January 2024. after the rate increase. Approx $18,843 in additional revenue has been reported with less water sold as a low consumption winter month. The director anticipates customers to notice rate changes in summer when sprinkler usage increases. Trees cleaned out of Willow Creek from the Lamar Swimming Pool to Clay Creek was also Chris Henderson entertained a motioned to adjourn at 5:42pm. Roy Cue motioned; 2nd by Dan completed by the water/WW department. Newhold. Meeting Adjourned. Respectfully submitted, Mykinthia Ebron Public Works Clerk MEMORANDUM DATE: 3/07/2024 TO: WATER BOARD MEMBERS PLEASE BE. ADVISED THE NEXT WATER. ADVISORY BOARD MEETING WILL BE March 14th, 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 February meeting Minutes Water/Wastewater Report Director's Report Miscellaneous: CITY OF LAMARE CityofLamar Water Board Advisory 3/14/2024 Present - Tresa Holbert, Manuel Tamez, Rob Evans, Robbie Batdorf Brad Young, Gene Cruikshank, Dan Neuhold Meeting was called to order at 5:08 p.m. by Gene Cruikshank. Minutes Passed. Dan Neuhold entertained a motion to approve the February 2024 minutes. Moved by Brad Young, 2nd Water/Wastewater Superintendent Robbie Batdorf shared City of Lamar Well Field spreadsheets for Feet of Water in the Well. The comparison showed the difference between January 2024 and February 2024. Well water levels decreased near wells located closer to the recharge pond. Wells 16-20 measured an increase between Jan. and Feb. of 2024. Next, Robbie shared comparisons for Feb. 2023 and Feb. 2024 confirming growth in Feet of Water in the well on most all wells except 24, 25, and 26. Water/Wastewater team maintenance with tree and shrub removal was discussed by reviewing an image of Willow creek and the area East that was Compliance Specialist Tresa Holbert informed board members of the Unregulated Contaminated Monitoring Rule (UCMR) where samples for substances and lithium will need to take place in 2025. Tresa also reviewed the EPA's findings regarding the harmful chemical PFAS and their testing recommendations. The Lead & Copper program meeting slides were reviewed with -Colorado Department of Public Health Goals -Lead line Replacements -Defining Service Lines -Effects ofLead -Lead Service Line Inventory Predictive Modeling Compliance Requirements Tresa concluded sharing Full line replacements bust be made and not partial replacements, with successfully cleaned. Tresa showing and detailing: inventory due October of 2024. Brad Young inquired if the City can just test the wateri for Lead instead of replacing lines. Robbie answers tests have been made and they have returned with good results but testing is not enough anymore for the State. Tresa agreed mentioning lo lead levels have been reported. SO frequently that testing requirements have declined from annually to now every 3 years. Robbie noted that this program ofLead & Copper concerns him with regard to funding, time, and staff. Tresa presented information on the Lamar School District career fair and Public Works' participation though herself and Mercedes presenting. The two presented to 3rd-5th graders about Completing the meeting, Dan Neuhold entertained a motion to adjourn. Gene Cruikshank motioned public works careers and how they relate to school subjects. 2nd by Brad Young. Meeting adjourned at 5:59pm Respectfully. submitted, Mykinthia Ebron Public Works Clerk CITYOF - LAMARES MEMORANDUM DATE: 4/09/2024 TO: WATER BOARD MEMBERS PLEASE BE ADVISED THE NEXT WATER. ADVISORY BOARD. MEETING WILL BE April 11th, 2024 BEGINNING AT 5:00 p.m. At the Public Works Building IF YOU ARE NOT ABLE TO ATTEND, PLEASE CONTACT PUBLIC WORKS DEPT. OR PAT MASON. Tentative agenda: Approval of Minutes of March meeting Minutes Water/Wastewater Report Compliance Specialist Report Public Works Director's Report Miscellaneous CITY OF LAMARE E E TEIELI 33 - : : : 80 : : 600 888 88 88 88 88 88 88 888 988888 N TE EEE : - - ae - : : ::8 60 888 8888 80 6 I a - 8888888 : 88 ts 88 88 000 60 e - FEEELE E 00 88 : EE H - : : 88e 3 00 : 00 : 8888 888 S 3 de 5 a 8888 10 60 88 88 10 - : 8 s 888 8888 888 88888 TEICLIE - 88 88 888 88 88 88 88 : 5585 88 8888 88 88 8888 88888 00 u 0 - 88 888 8888 88 8888 88 88 8888 888 5 8888 8888 : 88 88 88 8888888 88 8888 88 8 8888 oww ww 008 8888 10 00 00 88 88 88 88 6e - 9 88 8888 88 : % 88588 88 88 888 8e 88 : 8888888 8885 8888 88 88 88888 88 TE 88 88 8 888 CITY OF LAMAREEL MISSY MASON, A/R CLERK 102 EF PARMENTER: ST LAMAR, CO 81052 719-336-1370 msmasgnedemaro.s DATE_ 5-4-24 CL EIVE MAY 6 2024 CITY OF LAMAR 2024 COIN OPERATED AMUSEMENT DEVICES OPERATORS LICENSE APPLICATON NAME BUSINESS OF Davis Deliquts ADDRESS OF BUSINESS 35234CR7 MAILING ADDRESS 35234CR7 Lamair CO BUSINESS TELEPHONE 719-433-0047 NAME OF OWNER(S) TELEPHONE OF OWNER enha Dauis ADDRESS OF OWNER(S) 35234 Ck7 Larar CO 31052 MAIL APPLICATION AND APPROPRIATE FEES FROM LISTING BELOW. 01-10 MACHINES 11-20 MACHINES 21-30 MACHINES 31-40 MACHINES 41-50 MACHINES 51 + MACHINES $61.00 $91.00 $122.00 $152.00 $183.00 $213.00 CITY OF LAMAR ATTN: MISSY MASON 102 EAST PARMENTER STREET LAMAR, CO 81052 Agendal ItemNo. 1 Council Date: 05/13/2024 LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY ITEM TITLE: CITY TREASURER REPORT INITIATOR: Kristin Schwartz. City Treasurer CITY ADMINISTRATORS SREVIEW: RCE ACTION PROPOSED: Discussion. ifr necessary STAFF INFORMATION SOURCE: Kristin Schwartz, City Treasurer BACKGROUND: ITEMS TOI BE DISCUSSED: 1.1 15Q Quarter 2024 Financials 2. ARPA-NUE: Funding Discussion 3. Grants Update 4. Misc RECOMMENDATION: None necessary S S S S S 5 S S S S S - 3 3 lo S S S 3I 5 S S S S S S - 1S 00 f 0 L 0 S 3 3 3 S 3 3 3 S S S S I U 6 5 3 wi -S 0 3 S - S 9S S S S S a S S 5 3 3 --I S 3 S S S 3 S S S S 0 A B 1 2 3 ARPA NEU Funds 4 5 Total Received 6 $1,924,082.37 $69,813.87 $90,000.00 $1,764,268.50 7 SECED Housing Project-2022 8 Ark Valley Conduit- Engineering-2024 9 10 Total Current Remaining 11 12 Recommended Projects 13 14 Traffic Study 15 Water Capital Projects $100,000.00 $1,394,232.00) $270,036.50 $1,764,268.50 16 Annual Waterline Replacement (2024 Cap List) 17 Total 18 19 Total Remaining $0.00 Kristin Schwartz From: Sent: To: Subject: Long DNR, Travis travslongesate.co.s> Thursday, May 02, 20241:55PM Kristin Schwartz Grant Award Notice - North Gateway CPW's Fishing is Fun Grant Program CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Kristin, Iwrite to inform you that Jeff Davis, Director of Colorado Parks and Wildlife, following the recommendations of the Fishing Is Fun review panel, has given conditional approval for $120,000 ini funding to the City of Lamar for First, congratulations on a successful proposal. On behalf of the Fishing Is Fun review panel and Colorado Parks and Wildlife thank you for your efforts to improve angling opportunities across the state. Second, la ask that you or the project leader contact me to discuss your plans for your project, including the potential work Assuming you are still planning to move forward with the project, a few more steps are required before actual funding is available, but initial approval of the project is certainly one of the most important hurdles to clear. Once the PO is issued, project costs can be reimbursed. However, please remember that this is an expenditure reimbursement grant program, and up-front funds are typically not available. Also, you are strongly advised not to start onsite construction prior to approval of the project and receipt of a signed contract or PO Ing general, it is also a good idea to have the project leader review the Fishing Is Fun application book and You will also find a link to a Reimbursement FAQ" on the Fishing Is Fun page, which addresses common issues on project implementation and expense reimbursements. If you need additional information, please do Colorado Parks and' Wildlife and the state's angling community look forward to helping your project become a North Gateway. The funding is intended to support the ADA Pier Project. timeline. Please email at travis.I long@state.cous to set up a time for a meeting. with Parks and' Wildlife. program guidelines. The documents are available on the Parks and' Wildlife website at ittpl/cpw.state.cous/aboutusPagesyFshingisFunProgramaspx not hesitate to contact me by email at travislong@sialecous reality. Respectfully, Travis Long Travis Long Grant Manager E P.303.291.7621 F303.291.7113 6060 Broadway, Denver, CO 80211 ravislongestate.co.us I cpw.state.co.us 0 # 9 Agenda Item No. Council Date: 2 5/13/2024 CITY CLERK'S REPORT TO: FROM: DATE: Mayor & City Council Members Linda Williams, City Clerk May 13, 2024 AE Please find listed below items to be covered ini the City Clerk'sre 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 - APRIL 2024 MONTHLY MARCH SALES & USE TAX COLLECTED IN APRIL 2024 DIFFERENCE FROM 2023 TO2024 $45,268.98 -$10,103.37 $3,877.04 $39,042.65 %0F DIFFERENCE 10.94% -23.79% 169.14% 8.52% 2024 $458,964.62 $32,356.98 $6,169.29 $497,490.89 $13,389.88 2023 $413,695.64 $42,460.35 $2,292.25 $458,448.24 $13,466.09 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 APRIL: 2024 DIFFERENCE FROM 2023TO2024 $161,113.01 -$12,675.79 $3,264.19 $145,173.03 %OF DIFFERENCE 10.13% -8.86% -17.06% 8.28% 2024 $1,751,887.53 $130,335.13 $15,874.74 $1,898,097.40 $49,819.38 2023 $1,590,774.52 $143,010.92 $19,138.93 $1,752,924.37 $50,802.14 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 are includedt 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 byt the taxpayer from returns that are filed timely. dJ SALES/USE TAX REVENUE COMPARISON BY CATEGORY SALES & USE TAX COLLECTED IN APRIL 2024 2022 $15,731.00 $28,182.33 $109,393.64 $21,676.88 $18,706.18 $7,349.44 $24,286.47 $15,424.69 $10,388.00 $1,393.25 $108,277.80 $40,994.69 2023 $19,946.81 $16,212.82 $121,155.12 $20,047.34 $21,244.65 $16,373.70 $29,385.50 $12,701.98 $10,131.00 $1,135.26 $102,076.17 $46,814.16 2024 $23,911.09 $1,777.25 $173,930.11 $16,795.05 $32,585.10 $13,944.73 $26,715.69 $10,873.58 $10,200.00 $799.38 $84,299.07 $53,748.41 AUTO PARTSNEHICLE REPAIR BUILDING MATERIALS CLOTHING & SHOESDEPARTMENT STORES CONVENIENCE STORES/GAS STATIONS ALL BUSINESS/ ELECTRICITY FURNITURE/APPLIANCESIELECTRONICS GROCERY STORES HOTELS/MOTELS LIQUOR STORES/DRINKING ESTABLISHMENTS MANUFACTURING OTHER RETAIL/ALL OTHER RESTAURANTS SALES/USE TAXI REVENUE COMPARISON BY CATEGORY APRIL 2024 $200,000.00 $180,000.00 $160,000.00 $140,000.00 $120,000.00 $100,000.00 $80,000.00 $60,000.00 $40,000.00 $20,000.00 $0.00 02022 2023 02024 so SALES/USE TAX REVENUE COMPARISON BY CATEGORY SALES & USE TAX COLLECTED JANUARY THROUGH. APRIL 2024 2022 $58,532.70 $68,420.55 $431,608.07 $77,172.27 $108,264.74 $26,472.66 $117,472.99 $47,702.65 $39,586.00 $4,534.84 $455,800.67 $148,854.32 2023 $70,016.91 $71,189.10 $475,089.99 $69,411.45 $97,006.18 $40,641.08 $105,501.49 $41,627.02 $42,034.00 $5,724.86 $452,856.63 $158,845.90 2024 $75,305.85 $69,690.31 $649,532.64 $95,438.85 $162,139.18 $35,752.78 $111,168.85 $53,065.67 $40,042.00 $10,453.53 $297,418.61 $181,644.60 AUTO PARTSNVEHICLE REPAIR BUILDING MATERIALS CLOTHING & SHOES/DEPARIMENT STORES CONVENIENCE STORES/GAS STATIONS ALL BUSINESS/ ELECTRICITY FURNITURE/APPLIANCES/ELECTRONICS GROCERY STORES HOTELS/MOTELS LIQUOR STORES/DRINKING ESTABLISHMENTS MANUFACTURING OTHER RETAIL/ALL OTHER RESTAURANTS SALES/USE TAX REVENUE COMPARISON BY CATEGORY JANUARY THROUGH APRIL 2024 $700,000.00 $650,000.00 $600,000.00 $550,000.00 $500,000.00 $450,000.00 $400,000.00 $350,000.00 $300,000.00 $250,000.00 $200,000.00 $150,000.00 $100,000.00 $50,000.00 $0.00 02022 B2023 02024 o / o Agendal Item No. Council Date: 3 5/13/2024 CITY ADMINISTRATORS REPORT TO: FROM: DATE: Mayor & City Council Members Rob Evans, City Administrator May 13, 2024 1. Doug Harbour - Annual Tri-State 9/11 Tribute 2. CML Conference - June 18-21 in Loveland 3. ChiefofPolice Search - Updates Panel Interviews Friday May 17th Certificate of Appreciate for Lamar City Council Community Reception Thursday May 16th 4pm-6pm 4. Lamar Days Events: Chamber of Commerce BBQ Cook Off Lamar Days Parade Saturday at 10am Car Show Saturday 8am-4pm May 22 @ 7am - McDonalds May 29 @ 7am - TA Express 5. Coffee with Rob: May 15 @ 7am - Hickory House 6. Lamar Chamber 3rd Annual Glow Golf Night Tournament Saturday June gth at 4pm at Spreading Antlers GolfCourse 7. City Christmas Party - The Elks December 7th The Elks needs confirmation to hold our spot 8. Prowers County Sheriff's Office - Youth Academy June 3-7 9. No City Council Meeting Monday May 27, 2024-1 Memorial Day 10. Projects Update 11. Miscellaneous Agenda Item No. 1 Council Date: 05/13/2024 LAMAR CITY COUNCIL AGENDAITEM COMMENTARY ITEMTITLE: Award Bid For New Financial Software to" Tyler Technologies INITIATOR: Kristin Schwartz CITY ADMINISTRATORS REVIEW: ACTION PROPOSED; Award Bid For Financial Software to Tyler Technologies RIE STAFF INORMATION SOURCE: Kristin Schwartz. Robert Evans. Linda Williams. Thomas Sanchez BACKGROUND: The City of Lamar solicited proposals for new financial software from three government financial software companies. The City received two proposals. One from Caselle Software and one from Tyler Technologies. Online presentations were made from both companies to Administrationineluding Light and] Power. An onsite presentation was made by Tyler Technologies to all key personnel. The unanimous choice was Tyler Technologies. RECOMMENDATION: Staffrecommends that Tyler Technologies be awarded thel bid fori newi financial software and Council gives permission for the Mayor to sign the contract once it is approved by City Attorney, City Treasurer, City Administrator and City Clerk. o o 3 0000 u 5 000 u 0o 1 000 o 1 1 00 0 s S $3 X x xXxx Xx xX x x 3 S o S 3 S B S XXXXXX X x XX% x x 555 0 o 3 $ 80 1 3 3 S A & 1 Agenda Item No. Council Date 5-13-2024 LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY ITEM' TITLE: Public Hearing for New Retail Fermented Malt Beverage & Wine Liquor License for] Family Dollar Stores of Colorado, LLC dba/Family Dollar Store #24291 INITIATOR: Linda Williams. Kyle Miller CITY ADMINISTRATOR'S REVIEW: RrR ACTION PROPOSED: Hold Public Hearing for New Rétail Fermented Malt Beverage & Wine Liquor License for] Family Dollar Stores of Colorado. LLC dba/Family Dollar Store #24291 STAFF INFORMATION SOURCE: City Clerk. ChiefofPolice BACKGROUND: Family Dollar Stores of Colorado, LLC has submitted application for a New Retail Fermented Malt Beverage & Wine Liquor License (Off Premise) under the name Family Dollar Store #24291. Application was original submitted in May 2023, due to some changes in office personnel by their consulting firm the length oft time submitted additional required information Family Dollar Stores of Colorado, LLCI holds other off premises liquor licenses throughout Colorado. At the direction of State ofColorado C.R.S. 44-3-311 aj public hearing was scheduled during the. April 22, 2024 council meeting. Public notice of the hearing and the procedure for protesting same was conspicuously posted at the location of1303 S Main St., Lamar, Colorado, RECOMMENDATION: In the absence of any valid protests, Police Chief Miller will be recommending that the New Retail Fermented Malt Beverage & Wine Liquor License (Off Premise) under the name Family Dollar Stores of Colorado, LLC dba/Family Dollar Store took until April 17,2024. by the City Clerk's office on or before May 2, 2024. #24291.be approved. 1 AGENDA ITEMNUMBER COUNCIL DATE: 05-13-2024 CITY OFLAMAR POLICE DEPARTMENT Colorado Beer & Wine License Application 1. Name and address of Applicant 3 Family Dollar Stores of Colorado, LLC. 500 Volvo Prkwy, Floor 8 Chesapeake, VA 23320 2. Trade Name and Address) Family Dollar Store # 24291 1303 S Main St. Lamar, CO 81052 3. Date of Application)0+-05-2024 4. Type of Application) Application - Retail Fermented Malt Beverage on/offPremises (city) 5. Documents Accompanying Application: B. Evidence of Correct Zoning)C-2 D. Distance from a School as per Statute)N/A A. Local and State License Fees) Submitted with application C. Building Plans and or Sketch of Interior ) Submitted with application E. Deed or Lease or Assignment of Lease or Ownership)Leased A. Posting of Premises)p posted on premises on and or by 5/02/2024 B. Legal Publication Jposted in local paper on and or by 5/02/2024 A. Investigation: Police Department Case) #L2401439 . Cooperation with law enforcement has been excellent. 6. Evidence of Public Notice: B. Family Dollar Stores has turned in new application for Retail Fermented Malt Beverage (city) license. 7. Findings of fact: A. The application is legal and timely. B. The required fees were. submitted as required. C. Iti is my recommendation that the renewal be approved. - 05/07/24 DATE f ECEIVET APR -5 2024 DR8 8403 (02/28/23) COLORADO! DEPARTMENT OFF REVENUE Liquor Enforcement Division (303): 205-2300 Colorado Beer and Wine License Application This application only applies to Fermented Malt Beverage On-Premises, Fermented Malt Beverage On/O-Premises, and Fermented Malt Beverage and' Wine Retailer. Newl License New-Concurrent 1,003.25 Transfer of Ownership -All answers must be printed in black ink or typewritten Applicant must check the appropriate box(es) : Local license fee $ 1. Applicanti is applying as alen Corporation Individual Applicant should obtain a copy of the Colorado Liquor and Beer Code: SPG.Calbdocoulaus Partnership (includes Limited Liability and Husband and Wife Partnerships) Limited Liability Company Association or Other 2. Applicant(s)! Ifan! LLC, name dfuLClparnerahip. atle least 2 partners' names; fcorporation, name of corporation FEINI Family Dollar Stores of Colorado, LLC. Family Dollar Store #24291 56-1587711 2a. Trade Name of Eslablishment (DBA) 3. Address ofF Premises (specify exact location ofp premises) Lamar 4. Mailing/ Address (Number and Street) 500 Volvo Pkwy, Floor 8 5. EmailA Address newab-licensing@dolarree.com Present Trade Name ofE Establishment (DBA) SectionA Nonrefundable Application Fees Application Fee for New! Ucense Application Fee for Transfer State Sales Tax No. Business Telephone 08067335-0133 757-321-5493 1303 S Main Street County Prowers Cityo or Town Chesapeake City State ZIP Code CO State ZIPC Code VA 81052 23320 Home Phane Number 6.the premises currently has ali liquor or beer license, you MUST answer thef following cuestions Present Slate License No. Present Class ofL License Present Expiratlon Date Section B Fermented Malt Beverage License Fees $1,100.00 Retail Fermented Mall Beverage On-Premises (City) $96.25 $1,100.00 Retall Fermented MaltE Beverage and Wine (City) Application Feet for New Licanse- w/Concurrent Review $1,200.00 Retail Fermented Malt Beverage On-Premises (County) $117.50 $96.25 Retail Fermented Malt Beverage and Wine (County) $117.50 Retail Fermented Malt Beverage On/Of-Premises (City) 596.25 Retail Fermented Malt Beverage On/On-Premises (County) $117.50 x Master Filel Location Fee. Master Flle Background. $25.00x_ 0 Total_ 0 $250.00x 0 Total, 0 Questions? Visit SBG Cotridos goul iqunt for morei information Do! Not Write InT This Space For Department OFF Revenue Use Only Liability Information Lcensel Issued Through: (Expiration Date) License Account Number Liability Date: Total $ DRa 8403 (02/26/23) Yes No B0 X X D DE DE DE 0E 7. Ist the applicant (including any oft the partners ifa partnership; members or managers ifal limited liability company: orofficers, stockholders or directors Ifa corporation) orr managers under the age oftwenty-one years? a. Hast the applicant (including any oft the partners Ifa partnership; members or managersi ifa limited! liability company; or officers, stockholders or directorsi ifa a corporation) or managers ever (in Colorado or any others state): (c) hadi interesti in another entity that had ana alcoholl beveragel license suspended or revoked? 9. Has the premises to bel licensed been denied within the preceding one year? IF" "yes," explaini in detail. 10. Ist the proposed Fermented Mait Beverage and' Wine Retailerl license within 5001 feet of any public or parochial school, the principalcampus ofa any college, university, or seminary? NOTE: The distances are tob bec computedu using the methods outlined under C.R.S. 44-3-3131)d)(). Somel limitede exceptions apply under C.R.S. 44-3-313. 11. Ist the proposed Fermented Malt Beverage and Wine Retailer license, or On/OH premises license, within5 5001 feet ofa Retail Liquor Storel licensed unders section 44-3-409 C.R.S.? Distance should be determined using guidelines outlined in 44-3-301(12)) C.R.S. 12. Are you applying for al Fermented Malt Beverage On and Off Premises License? Ifyes, answer subparts a and b. IfNo, R0 (a)7 The FMB On/Off isl located ina a county with a population of> 35,000. (b) The FMB On/Offis is located ina an' underserved area" within a county with population of < 35,000 but lies outside of OE B a municipal boundaries ori is a city ort town withp population of>7 75,500. 13. Has a liquor orb beer license ever beeni issued to the applicant (including any oft the partners, ifaj partnership: members or manageri ifal limited liability company, or officers, stockholders or directorsi ifa corporation)? Ify yes, identify the name of the! business and lista any current orf former financial interesti ins said business including any loans to orf from al licensee. D 14. Doest the applicant, as listed onl line 2oft this application, have legal possession oft the premises byvirtue of ownership, E (a) been denied ana alcohol beveragel license? (b) had ana alcohol beveragel license suspended or revoked? ltyoua answered yest to 8a, bo oF C, explain ind detail on a separate sheet got to question 13. Note The population is determined from the recently available United States Census Bureau. lease or other arrangement? Do Ownership Lease Other (Explaini in Detail). a.Ifleased, fist name ofl landlorda andt tenant, and date ofexpiration, EXACTLY as theyappear ont the lease; b.Isa apercentage ofa alcohols sales included as compensation tot the landlord? Ifyes, complete question 13. Landiord Tenant Expires 0 Stener, LLC Family Dollar Stores of Colorado, LLC. 12/2025 c.Attach ac diagram ord designate the area tob bel licensedi int black boidoutline (nduding dimensions) whichs showst the! bars, brewery, walls, partitions, entrances, exits and whate each rooms shall beu utilizedf fori in this business. Thls diagram shouldber nol larger than 8 1/2 X11" 15. Who, besides the owners listedii in this application (including persons, firms, partnerships, corporations, limitedli liability companies) willl loan or give money, inventory, fumiture ore equipment to orf for usei int this business; orv who will receiver money from this business? Allach a separate sheeti if necessary. Last Name Last Name Firs! Name First Name Date of Birth FEINor SSN Date ofE Birth FEIN or SSN Interest Interest NA NA Attach copies ofa all notes and security instruments anda any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited! liability companies, etc.) will share int the profito org gross proceeds ofthis establishment, anda any agreement relating to the business whichi is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. Last Name 16. Name of Manager(s)! for all on premises applicants. First Name Kandico Dateof Birth 075l80 OE Packn 17. Does this manager act as thei manager of, or haveafi financial interesti in, any other liquorl licensed establishment in the State of Colorado? Ifyes, provide name, type ofl license and account number. 3 DRB 8403 (02/28/23) 18. Tax Information. business? Yes No E 5 a. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a1 10% org greater financial interesti int the applicant, been foundi inf final order ofal tax agencyt tob be delinquent int the payment of any state orl local taxes, penalties, ori interest related toa b. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% ors greater financial interest in the applicant failedt to pay any fees 19. Ifapplicant isa corporation, partnershlp, association orl limited liability company, applicant must Iista all Officers. Directors. General Partners, and Managing Members, Ina addition, applicant must list anys slockholders, pariners, or members with ownership of 10% orr more in the Applicanl.All persons! lisled belowr must also attach form DR 8404-(Individual History Record), andr make ana appointmentto be ingerprinted by: an approved ors surcharges imposed pursuant tos section 44-3-503, C.R.S.? Stale Vendor through the Vendor's website. See application checklist, Section IV, for details. Name Name Name Name Home Address, Cily & Stale 500 Volvo Pkwy, Chesapeake, VA Home Address, Cily & Stale Home Address, City & State Home Address, City8 & State Date ofE BirthiPosition N/A Stockholder 100 Date ofE Birth Position Date of Birthl VP. -Tax& %0 Owned Date ofBirthPosition % Owned %Owned 0 0 % Owned 0 Family Dollar, Inc. Peter Barnett Jonathan Elder Harry Spencer 329 Cavalier Dr., Virginia Beach, VA 11/20/62 President 1717. Jermyn Lane,' Virginia Beach, VA: 23454 07/14/1964 Treasurer 509 Woodards Ford Rd., Chesapeake, VA 02/10/79 Asst. Sec. "Ifapplicant is owned 100% by ap pareni company. pleasel list the designated principal officer ona above. "I Iftotal ownership percentage oisclosed! here does natt tolal 100%, applicantr must check this box: LJ C Corporations the President, Vice-President, Secrelary and7 Treasurer must be accounled for above (Include ownership percentage ifa applicable) Applicant affirms thatr noir individual other thani these disclosed herein owns 10% orn more oft the applicant ando does not have financiali interesti ina Ideclare under penalty of perjuryi in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Ja also acknowledge that itis my responsibility andt the responsibility of my agents and employees to comply yith the provisions of the Colorado Liquor or Beer Code which affect myl license, prohibiled liquor license pursuantto Article 3or 5,C.R.S. Oath of Applicant Printedi Name and Tille Authorized Dale 12/10/2023 Harry Spencer, Assistant Secretary ofl Local Licensing Authority (City/County) Date oflocal authority hearing forr newi license applicants cannot be less than 30 days from dale of application 44-3-311(1)C.R.S. Dale applicationf filed wilh Tocal authority Eachp person required tof file DR 8404-Lhas boen: OFingerprinted - Osubject tot background investigalion, including NCIC/CCIC check for outstanding warranls That! thel locala authority has conducted, ori intends toc conduct, ani inspection oft thep proposed premises tos ensure thalt the: applicant isi in compliance with and aware of, liquor code provisions affecling their class oflicense. ODate ofl Inspection or Anticipated Dale, Dupon approval ofs statel licensing authority (Check One) New Fermented Mait Beverage OffF Premises licenses, and On/OH Premises licenses, distance requirements of4 44-3-301 C.R,S. ares satisfied The foregoing application has been examined; and the premises, business to be conducted, and character oft the applicant are satisfactory. Wec dor report! that such license, ifg granted, willr meett the reasonabler requirements ofther neighborhood: and! the desires of the adulti inhabitants, and will comply with the provisions of Title 44,Article 4 or 3, C.R.S. and Liquor Rules. Therefore, this application is approved. New Fermented Maite Beverage On/Offp premises licenses must meel the qualifications of 44-4-104 C.R.S. Local Licensing Authority for Signature Signature (atlest) Telephone Number Title Title Town, City County Date Date Printed Name Prinled Name s-d 1-0 9-1" yn" 1* 1-S e OOE8 8 eOrB E O 1 OBR R a C BAT E I 1Z1 5 a I Sx R D l M w ; 5 Ba SIER 3 Bn N-8 3 B0-0 7-C. 2 Agenda Item No. Council Date 5-13-2024 LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY ITEM TITLE: UAC4UA Agreement INITIATOR: Linda Williams CITY ADMINISTRATOR'S REVIEW_ ACE ACTION PROPOSED: Approval ofUAC 4U Agreement STAFF INFORMATION SOURCE: Linda Williams BACKGROUND: UAC 4U has provided free magnets to give out to customers to the City ofLamar for the last 20 years. The magnets have phone numbers such as the City ofLamar, Prowers County, Fire Department, Sheriff, Police, Library as well as several 1-800 #'s for child abuse, missing persons, poison control, etc. The company also In the years past itl has been aj phone call from the company that they will be sending out that year's magnets reaches out to other businesses for additional advertisement. and no further contact is necessary. This year they are asking for an authorized signature. RECOMMENDATON: Approve UAC 4U agreement and authorize Mayor to sign or such other action Council may feel necessary. UAC C4ul UAC4U Name: Title: Customer Service: 817.617.2750 Company: City ofl Lamar Phone#: 719-336-4376 Address: 102 E Parmenter St City,State,Zip: Lamar, CO 81052 County: Prowers Email: ndawlam@dlamarcous Letter of Agreement This agreement confirms that UAC4U will provide FREE CUSTOM PRODUCTS SELECTED BELOW in accordance with the terms of this agreement. This agreement will go in to effect upon execution of signatures and will remain in effect until one or both parties elect to terminate the agreement in writing. Depending on the status of current publication, the termination of the agreement will remain in effect until delivery of product is received for the most current rotation. The undersigned represents that he/she has been duly authorized to enter into this agreement and grants UAC4U limited authorization to use the organizations name solely for the purpose of acquiring sponsorship from businesses or organizations that Depending on local business participation, under this agreement, UAC4U will provide up to, but not obligated to, 500ea oft the selected items on an as-needed or quarterly basis that will be distributed to your customers. This is a COST FREE program for your company and will feature you company and will feature your business on the selected products. In addition to allowing UAC4U to use your name as a distributor point, we also ask that you affirm to local businesses, if asked, that you have endorsed the selected items and that their may be interested in supporting the program. participation is very worthwhile in our efforts. MAGNETS MAPS Signature: Date: PROWERS COUNTY COLORADO 2024 Community Guide Presented by LAMAR CITY HALL EMERGENCY FIRE-POLICE AMBULANCE 911 Prowers County Sheriff. Prowers County Clerk & Recorder. Prowers County Emergency Management. City of Lamar.. Lamar Fire & Ambulance Services. Lamar Police Department. Lamar Public Library Nationwide Runaway Hotline. National Child Abuse Hotline. National Domestic Violence Hotline. National Poison Control Center National Substance Abuse Helpline 719-336-8050 719-336-8011 719-336-2674 719-336-4376 719-336-4321 719-336-4341 719-336-4632 1-800-786-2929) 1-800-422-4453 1-800-799-7233 1-800-222-1222 1-800-662-4357 Visit Us Online! Center for Missing & Exploited Children : 1-800-843-5678 For advertising re-order information, please call 1-844-800-2321 CROSSROADS TURNINGI POINTS,INC Where Recovery Happens! Offering Peer Recovery Services & Coordinating Pro Social Events 800.304.3758 wwwwcrossIOaGIpOI9 Proudly Serving Prowers & Las Animas County! Agenda Item No. 3 Council Date: 5/13/2024 LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY ITEM TITLE: CDOTLetter of Support for US50 Passing Lanes Grant Application INITIATOR: ACTION PROPOSED: STAFF INFORMATION SOURCE: CITY ADMINISTRATORS REVIEW: LOE Discuss and Sign letter of support BACKGROUND: CDOT has asked if we would be willing to sign a letter of support for their US50 Passing Lanes Grant Application. These passing lanes would be in Otero County but they would like to have any additional support that they could get RECOMMENDATIONS Allow Mayor and/or City Council members to sign the CDOT Letter of Support or such action Council may feel necessary 4 Agenda Item No. Council Date: 5/13/2024 LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY Al Resolution oft the Board ofDirectors oft the Southeastern Colorado Water Conservancy District ITEM TITLE: concerning the 2003 Intergovernmental Agreement with the City of Aurora INITIATOR: Leann Noga. Water ConservancyDistrict CITYADMINISTRATORS REVIEW: heE ACTION PROPOSED: Sign letter of opposition or approve a resolution against the Aurora Water purchase in Otero County STAFF INFORMATION SOURCE: BACKGROUND: Leann Noga from the Water Conservancy District has asked if we would be willing to sign a letter of opposition or to approve a resolution against the Aurora water purchase in Otero County. She has provided us with the attached samples for consideration. RECOMMENDATION: Allow Mayor and/or City Council members to sign al letter or opposition or approvea resolution against the Aurora Water Purchase in Otero County or such action Council may feel necessary SOUTHEASTERN COLORADO Water Conservancy District "Your investment in water" RESOLTON-NO2MA-OD April9,2024 ARESOLUTION OF THE! BOARD OF DIRECTORS OFTHE SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT CONCERNING THE: 2003 INTERGOVERAMENTAL AGREEMENT WITH THE CITY WHEREAS, the Southeastern Colorado Water Conservancy District (the "District") and the City ofAurora acting by andi throughi itsl Utilityl EatpisAum)amerd into an Intergovernmental WHEREAS, the 2003 IGA settled substantial litigation between the parties and contains terms and conditions allowing Aurora's use of Fryingpan-Arkansas Project facilities to deliver water for use in its municipal system in exchange for Aurora'sa agreement to restrict its future purchase ofwater rights to permanently transfer such water out oft the Arkansas River Basin; and WHEREAS, the 2003 IGA states that Aurora will not divert any of its leased water from the Arkansas River Basin for use ini its municipal system when its "total system wide reservoir storage isa above sixty percent (60%) of present capacity on March 15th ofany given year";and WHEREAS, thel District and Aurora negotiated the terms oft the 2003 IGA with the understanding that its terms are intended to protect future agricultural water ownership and use in the Arkansas WHEREAS, the 2003 IGA has helped foster the relationships between water rights owners in the Arkansas River Basin and provided the foundation for subsequent agreements involving Aurora and other entities in the Arkansas River Basin, including the November 2003 Intergovernmental Agreement between Aurora and the Upper Arkansas Water Conservancy District; the May 2004 Intergovermenta. Agreement between Aurora, the District, the Cities of Colorado Springs, Pueblo, and Fountain, and the Board of Water Works of Pueblo; and the 2011 Intergovernmental Agreement between Aurora and the Lower Arkansas Valley Water Conscrvancy District. OF AURORA Agreement in October 2003 ("2003 IGA"); and River Basin; and NOW,THEREFORE, BE ITI RESOLVED that: 1. The District Board reaffirms its understanding that a central purpose of the 2003 IGA ist to prevent Aurora from purchasing any additional agricultural water rights and permanently transferring those water rights out of the Arkansas River Basin for 2. The District Board reaffirms its understanding that the storage capacity restriction of the 2003 IGA refers to sixty percent of Aurora's total storage capacity in existence at municipal use. the time the IGA was executed in 2003. 31717 UNITED AVENUE PUEBLO, CO81001 PHONE (719) 948-2400 FAX(719) 948-0036 web site: www.secwcd.org 3. The District Board believes that Aurora's purchase at this time of additional Arkansas River Basin water rights for transfer out oft the basin would violate the 2003 IGA, and the Board urges Aurora to: refrain from or cease all such violations. 4. The District Board believes and reaffirms that the 2003 IGA is a foundational and beneficial document for the Arkansas River Basin, and that for the benefit of maintaining regional cooperation and relationships between water rights owners and entities in the Basin, both the! District and. Aurora must remain in compliance with the Approved and adopted at the special Board of Directors meeting, Tuesday, April9 9, 2024. terms, conditions, and goals oft the 2003 IGA. Rik President S Secretary SEAL WHEREAS, the Southeastern Colorado Water Conservancy District ("SECWCD") and the City of Aurora acting by and through its Utility Enterprise ("Aurora") entered into an Intergovernmental Agreement in October 2003 ("2003 IGA"); and WHEREAS, the SECWCD and Aurora negotiated the terms of the 2003 IGA with the understanding that its terms are intended to protect future agricultural water ownership and use WHEREAS, the 2003 IGAI has helped foster the relationships between water rights owners in the Arkansas River Basin and provided the foundation for subsequent agreements involving Aurora and other entities in the Arkansas River Basin, including the November 2003 Intergovernmental. Agreement between Aurora and the Upper Arkansas Water Conservancy District; the May 2004 Intergovernmental. Agreement between. Aurora, the District, the Cities of Colorado Springs, Pueblo, and Fountain, and the Board ofWater Works of Pueblo; and the 2011 Intergovernmenta Agreement between. Aurora and the Lower Arkansas Valley Water WHEREAS, the SECWCD Board of Directors adopted Resolution No. 2024 - 03D on April 9, 2024, urging Aurora to refrain from violations of the 2003 IGAI in the interests of regional cooperation and relationships between water rights owners and entities in the Basin. in the Arkansas River Basin; and Conservancy District; and NOW, THEREFORE, BE IT RESOLVED that: 1. The [ENTITY] affirms its understanding that a central purpose of the 2003 IGAist to prevent Aurora from purchasing any additional agricultural water rights and permanently transferring those water rights out of the Arkansas River Basin for municipal use. 2. The [ENTITY] believes that Aurora's purchase at this time of additional. Arkansas River Basin water rights for transfer out of the basin would violate the 2003 IGA, and [ENTITY] 3. The [ENTITY] believes that the 2003 IGA is ai foundational and beneficial document for the Arkansas River Basin, and that for the benefit of maintaining regional cooperation and relationships between water rights owners and entities in the Basin, both the SECWCD and Aurora must remain in compliance with the terms, conditions, and goals 4. The [ENTITY] supports SECWCD in its efforts to assure Aurora's compliance with 2003 urges Aurora to refrain from or cease all such violations. oft the 2003 IGA. IGA. Approved and adopted by. on [DATE] Agendal ItemNo. 5 Council Date: 05/13/2024 LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY ITEMTITLE: Approval of ARPA Subrecipient Agreement with Southeastern Colorado Water Conservancy District (SECWCD) INITIATOR: Robert Evans & Kristin Schwartz CITY ADMINISTRATORS REVIEW: ACTION PROPOSED: Approve Agreement with SECWCD and Allow Mayor to Sign STAFF INFORMATION SOURCE: Robert Evans. Kristin Schwartz. Mayor Crespin KCE BACKGROUND: The City ofLamar received $1,924,082.37 from funds approved by President Biden through the. American Rescue Plan Act (ARPA) in response to the Coronavirus pandemic. The funds may be used for limited Members of the Southeast Colorado Water Conservancy District met with Council in a work session on August 13,2021 to discuss the Ark Valley Conduit project that had been engineered to address the need for clean drinking water in the. Arkansas Valley. Water delivery lines are to be constructed from the Pueblo Reservoirto the Water' Treatment plant owned byt the City ofLamar. The Members of SECWCD proposed that the City of Lamar contribute $90,000 to offset the cost of engineering the for the vault design at our water treatment plant that ties in with the trunk line to our facility. This is an eligible expenditure oft the ARPA funds that the City received. The Council indicated to the Members that they would be willing to The engineering has started ont the vault fort the City ofLamar and the SECWCD has provided the City with purposes. Included in that is projects related to water transmission and distribution. contribute the $90,000 as requested. an agreement to formalize the City's commitment. RECOMMENDATION: Approve the ARPA Subrecipient Agreement with SECWCD and allow the Mayor to sign. ARPA SUBRECPIENT AGREEMENT THIS INTERGOVERAMENTAL AGREEMENT (hereinafter "Agreement")i is made and entered into effectivel May 13, 2024, by and between City ofLamar, apolitical subdivision ofthe State ofColorado, (hereinafter referred to as "City") and Southeastern Colorado Water Conservancy District (SECWCD), (hereinafter referred to as "Subrecipient"). Subrecipient andi the City are sometimes referred tol herein as a "Party" and collectively, as the "Parties." Recitals WHEREAS, onl March 11,2020, President Joseph R. Biden signed the American Rescue Plan Act WHEREAS, the United States Department ofl Treasury ("Treasury") has allocated to City $1,927,082.37 ("ARPA") into law which established the Coronavirus Local Fiscal Recovery Fund; and ofARPA federal stimulus funds.; and WHEREAS, ARPA funds may be used fort the limited purposes described int the Coronavirus State and] Local Fiscal Recovery Funds Interim Final Rule ("Interim Final Rule") which became effective onl May 17,2021, which is attached hereto andi incorporated herein as Exhibit A; and WHEREAS, the. ARPA Act authorizes the City to expend ARPA funds awarded tot the City for the following eligible purposes as outlined: int the Interim Final Rule as follows: 1)To support public health by providing resources for COVID-19mitigation efforts, medical expenses, behavioral health care and certain public health staff; 2) To respond to negative economic impacts caused by the COVID-19 pandemic including assistancet to households, small businesses, nonprofits, andi impactedi industries such ast tourism and hospitality;3)Tom replace lost public sector: revenue due to the COVID-19 pandemic which was required to provide government: services; 4)Toj provide premium pay fore eligible essential workers that performed work during the COVID-19 health emergency; 5) To invest in water, sewer and broadband infrastructure to improve access to clean drinking water and to expand access to broadband internet (collectively, "Eligible Uses");a and WHEREAS, Southeastern Colorado Water Conservancy District( (SECWCD)h holds the water rights for andi is responsible for repayment oft thei reimbursabler portions ofthel Fryingpan-Arkansas Project(FAP), whichis isa at transmountain diversion project thats supplies southeastern Coloradov with improved supplemental water supply for irrigation, municipal and industrial uses, hydroelectric power generation, and recreational opportunities. The FAP also provides flood control for the area and is designed to maintain or improve fish and wildlife habitats; and WHEREAS, working through its Water Activity Enterprise, SECWCD allocates water to beneficiaries and coordinates the efforts for the development ofthe Arkansas Valley Conduit, acomponent oft the Fryingpan-Arkansas Project; and WHEREAS, SECWCD has requested $90,000.00 in American Rescue Plan Act (ARPA) funds (ARPA Funds) from the City ofLamar to fund aj portion oft the Arkansas Valley Conduit consisting ofthe design engineering oft the delivery vault to the City ofLamar. The Arkansas Valley Conduit will providea new source of clean water to the City ofLamar; and WHEREAS, the City desires toj provide. ARPAI Fundsi to Southeastern Colorado Water Conservancy District to complete the Arkansas Valley Conduit (AVC) in the areas of the City ofLamar. NOW' THEREFORE, the Parties agree as follows: 1.3 Incorporation of Recitals. The above Recitals are incorporated herein by thisreference. 2. Purpose. Thej purpose oft this Agreement ist to establish la contractual relationship between the City and Subrecipient with regard to the City's provision of a portion of its ARPA Fund allocation to Subrecipient for Eligible Uses associated with the coronavirus emergency from the ARPA Act. This Agreement creates a federal assistance relationship with Subrecipient. 3. Conditions. As a condition of receiving ARPA Funds from the City, Subrecipient agrees that ARPA Funds it receives will bes spent in accordance with thej purposes and time frame set forth in this Agreement and in compliance with the ARPA Act, Interim Rule (Exhibit A) and related guidance issued by the United States government, including applicable future amendments to statutory provisions or related federal guidance, and in accordance with the limitations outlined in 4. Effective Date and' Term. The. Agreement shall commence when last executed by alll Parties and unless sooner terminated pursuant to this Agreement, shall expire on December31,2026. 5. ARPA Funds. The City agrees to provide the Subrecipient a total lump sum amount of ninety thousand dollars ($90,000.00) to be used to design the AVC project more specifically described in the Scope of Work which is attached hereto and incorporated herein as Exhibit B. Subrecipient agrees to satisfactorily perform and complete all services and items of work, and furnish alll laborandi materials reasonably necessary to complete the tasks and functions describedin 6. Subrecipient's Use OfARPA Funds. The Subrecipient shall ensure that the use ofthe ARPA Funds comply with allowable uses and with required time frame to use such funds. The Subrecipient shall ensure that the ARPA Funds requests are necessary Eligible Uses under the following cost categories: 1) To support public health by providing resources for COVID-19 mitigation efforts, medical expenses, behavioral health care and certain public health staff, and2 2)To respond to negative economic impacts caused by the COVID-191 pandemic including assistance to households, small businesses, nonprofits, and impacted industries such as tourism and hospitality. 7. Ineligible Uses. Non-allowable uses ofA ARPA Funds include, without limitation, the following: a) usage off funds to either directly ori indirectly offset a reduction in net tax revenue resulting from a change in law, regulation or administrative interpretation during the covered period that reduces any tax or delays the imposition of any tax or tax increase; b) damages covered by insurance; c) usage of funds as a deposit into any pension fund; d) expenses that have been or will be reimbursed under any federal program; e) debt service costs; f) this Agreement. the Scope of Work. contributions to a "rainy day" fund; and d) legal settlements. 2 8. Authority of Subrecipient Subrecipient warrants and represents that it has the legal authority to enter into this Agreement. By signing this Agreement Subrecipient agrees that it will 9. Source of Grant Funds. The Parties acknowledge that funding for this Agreement comes solely asi reimbursement ofor payments madei to the City from the ARPA Funds that are distributed to the City from the federal government. The City has no independent obligation to provide the comply with all of the requirements oft the subaward described herein. Subrecipient with funds from any other source. 10. Termination. a. to Subrecipient. City may terminate this Agreement for any reason upont thirty (30) days written notice b. Itis understood that the right to terminate shall bei in addition to all other remedies, which are or may be available to the City or the Subrecipient, for the other Party's breach of any covenant, term or condition ofthis Agreement. All rights and remedies under this Agreement shall be cumulative and shall bei in addition to those rights which the Parties may have under applicable law, statute, regulation or otherwise. 11. Compliance with Federal. State and Local Laws. a. The Subrecipient shall comply with and obey all applicable federal, state and local laws, regulations, and ordinances and all requirements, including debarment and other required certifications and audits oft the Interim Final Rule and any subsequent amendments thereto or rules established governing the use of ARPA Funds. These laws include but are not limited to: Davis- Bacon Act, where applicable, (29 C.F.R. Parts 3 and 5); Equal Employment Opportunity requirements; Anti-Kickback Act (40 U.S.C. $ 3145); Contract Work Hours and Safety Standards (40U.S.C. $8 3701-3708); Rights to Inventions Made Under a Contract or Agreement (37 C.F.R. Part 401); Clean Air Act (42U.S.C. 88 7401-7671q): and Water Pollution Control Act(33U.S.C.SS 1251-1387); Debarment and Suspension (Executive Orders 12549: and 12689); ByrdAnt-Lobbying Amendment (31U.S.C. $ 1352); Procurement ofrecoveredi materials (2C.F.R.S $200.323)(ursuant tos section 6002 ofthel EPA's Solid Waste Disposal Act); Prohibition on certaint telecommunications and video surveillance services or equipment (2 C.F.R. $2 200.216); and Domestic preterences for procurements (20 C.F.R. $ 200.322). b. Should the Subrecipient's spending of the ARPA Funds be inconsistent with applicable laws, provisions oft this Agreement, or otherwise inappropriate, the City shall have the right to require the return or seek collection of any portion of the ARPA Funds that are later determined to have been spenti in violation ofa applicable laws from the Subrecipient. The City shall not exercise this right until itl has given writemnsiseofnomomplune witha applicable lawso ortl this Agreement to Subrecipient: and allowed Subrecipientar period often (10) dayst from the date ofnotice for Subrecipient to cure the noncompliance. IfSubrecipient fails to cure and return any amount of 3 ARPA Funds deemed noncompliant with the applicable laws or regulations, City shall have any and 12. Indemnity. The Parties agree that where the City may rely upon the certification oft the Subrecipient that such expenditures for which Subrecipient used the ARPA Funds met the minimum requirements for the ARPA. Act and Interim Final Rule and any amendments thereto and where. any person, official or department which is charged with auditing and review ofe expenditures of ARPA Funds determines that such a use was not permitted under the ARPA Act, Subrecipient agrees to indemnify, reimburse and make whole the City for any funds which the United States Government ori its agencies seeks to recoup or collect, either by litigation, or by withholding other federal funds owed tot the Cityt to the extent permitted byl law. Subrecipient further agreest toi indemnify, reimburse or make whole the City for any penalties associated with thei federal government seeking toi recoup the expended ARPA Funds which the City disbursed to Subrecipient including interest, attorney fees, costs or any penalty provided by law, to the extent permitted by law. Any ARPA Funds that the U.S. Treasury determines must be repaid to the U.S. Treasury by City of Lamar because Subrecipient did not spend in compliance with ARPA, as amended, and related: federal guidance,as Furthermore, the Subrecipient agrees to defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses including but notl limited top personal injury, bodily injury, sickness, disease, death or damage to or destruction of property, which are alleged or proved tol be causedi in whole or on part by an act or omission ofthe Subrecipient its officers, directors, employees and/or agents relating to the Sabrecpemtsperiomanse or failure to perform underi this Agreement toi the extent permitted by 13. Insurance. Contractor shall, ati its sole cost and expense, procure and maintain during the entire period ofi its performance hereunder, the following coverage and limits ofi insurance with all legal rights in law to seek the return and collection of the funds sought. amended, must bei repaid to City by Subrecipient. law. companies acceptable to the City. a. Worker's Compensation (including occupational disease), and Employer'sLiability insurance ins accordance with any applicable worker'scompensation laws on all owners, employees, servants and/or agents connected with or engaged in the performance of Contractor's obligations hereunder and shall contain an endorsement waiving subrogation against the City of Pueblo. limits at a combined single limit of not less than $1,000,000.00 per occurrence and $2,000,000.00 b. general aggregate. C. aggregate. Commercial General Liability insurance with personal injury and property damage Polsomalmblly/lEmos and Omissions insurance covering the Contractor: and all personnel employed by the Contractor and providing the services hereunder with limits at a combined single limit of not less than $1,000,000.00 per occurrence, and $2,000,000.00 general 4 Coverages enumerated in this insurance provision represent only the minimum insurance required by the City, and Contractor should rely on its expertise to obtain additional insurance coverage needed: fort the City and Comtmasturinisperfomanse hereunder. The Contractor'sliability insurance must establish City ofLamar as' "additional insured". Ifrequested by the City, Consultant shall provide the City with certificates ofinsurance indicating Contractor and its subcontractors. are covered by insurance as set forth above and a copy of the "Additional Insured" endorsement, establishing such additional insured status. Where requested and furnished, such certificates must be approved byt the City priort tot the commencement ofany work hereunder. Each: such certificate shall provide that the City shall receive thirty (30) days prior written notice of cancellation of such 14. Independent Contractor. Subrecipient shall supervise and direct the completion of all activities under this agreement. Each party under the Agreement shall be for all purposes an Independent Contractor. Nothing contained herein will be deemed to create an association, aj partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Subrecipient shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the City for any purpose. 15. Payment. The Subrecipient shall submit to the City one single requests for payment for services performed under this Agreement and consistent with the SOW. The City shall pay to the Subrecipient ARPA Funds available under this Agreement based uponi information: submitted by the Subrecipient for allowable costs permitted under this Agreement and consistent with the budget. Payment will be made upon submission by Subrecipient ofa aj properly executed request for payment together with supporting invoices, bills, time sheets and other documents necessary to justify the payment. Payment hereunder is alsos subject to and may only be disbursed in accordance with applicable Federal regulations including but not limited to 31 CFR Part 35 and thet terms ofthis insurance coverage. Agreement. As required by 2 C.F.R. $200.415(a), any request for payment under this Agreement must includeacertification, signed by an official whoi isa authorized tol legally bind the Subrecipient, which reads as follows: "By signing this report, Icertify to the best ofmy knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements: and cash receipts are: for the purposes and objectives set forth in the terms and conditions oft the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission ofany material fact, may subject met to criminal, civil or administrative penalties for fraud, false: statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." Upon receipt ofc one single requests for payment int the amount of$90,000 andi the SECWCD will supply appropriate documentation, to the City for reporting records as the ARPA Funds are expended. 5 16. Management of Funds. ARPA Funds are subject to the requirements of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. Part 200. To comply with these requirements, Subrecipient must maintain a financial management system that: 1)records the: source and application of grant funds; 2)provideseffective control overa and accountability for all grant funds andj property:3)allows: fora comparison rofactual expenditures with reported costs and budgeted costs; 4) includes procedures to ensure that all expenditures are obligated within the effective grant period; 5)includes procedures to minimize the time between receipt and expenditure of grant funds; and 6) includes procedures to prohibit the 17. Performance Monitoring. City shall monitor thej performance of Subrecipient as necessary and in accordance with regulations on Subrecipient Monitoring and Management per 2 C.F.R. 200330-2CFR-20032 to ensure Subrecipient compliance with this Agreement including the timeframes and performance goals associated with the activities. Substandard performance as determined by City will constitute noncompliance with this Agreement. If action to correct substandard performanceisnott taken by the Subrecipient withinten(10) days afterb beingr notifiedby the City, City may impose additional conditions on the Subrecipient and its use of ARPA Funds consistent with2C.FR.20.207: suspend or terminate this Agreement, ori initiate other remedies for transfer of funds between federally funded programs and/or grants. noncompliance as appropriate and permitted by 2C.F.R. 200.338. 18. Reporting. a. The Subrecipient shall submit quarterly reports, consisting of Project Reports and Financial Reports, to Dona Skaggs, Accounting Analyst of City of Lamar Office of Budget and Finance for monitoring purposes, no later than March 1,June 1, September 1 and January 1 of each awarded year. Said reports shall detail all efforts of Subrecipient and any subcontractors to fulfill the Scope of Work approved by City, in addition to any other information requested by the City. b. All Financial Reports and Project Reports shall be complete, accurate, andi madei ina form satisfactory to Local Government. Financial Reports shall be made in accordance with 19. Maintenance of Records: Public Records. Subrecipient shall maintain accurate written records, including accounting records such as invoices, sales receipts, and proofofpayment, books, data and other evidence that reflects all ofSubrecipient's direct and indirect expenditures ofA ARPA Funds. These: records must be sufficient to demonstrate that the funds have been used in accordance generally accepted accounting practices and the Interim Rules (Exhibit A). with applicable laws. Furthermore: a. b. The City may require the Subrecipient to provide additional documentation if the The Subrecipient shall retain all records related tot this Agreement for aj period offive existing documentation is deemedincomplete. 6 (5)years beyond December 31. 2024 or any longer period that is required by law. These records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review and audit by the City and federal and state officials sO authorized by law, regulation or agreement. C. Ifany litigation, claim or audit is started before the expiration oft the five (5); year periodprovidedins Section 7(b)above, hereconlsihallertinad. until alll litigation, claims, ora audit findings involving the records have beenresolved. d. The Subrecipient shall maintain documentation on all clients served and clients denied for a period of five years from the date of application. Subrecipient shall establish written program policies and procedures, that at ai minimum, document the client's housing and income status at application. e. All Recipient documents and records comprising this Agreement, and all other documents and records provided to the City by the Recipient, are deemed public records subject to disclosure under the Colorado Open Records. Act. Thus, the City may bei required, upon request, to disclose the Agreement and documents or records related to it unless an exemption under the 20. Grant Contract Amendments. The Parties acknowledge that the federal government may request changes to the provisions surrounding grant awards. Any changes or revisions to thet terms and conditions that are applicable to this Agreement shall be incorporated by amendment ofthis 21. Governing Law and Venue. This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of Colorado and the venue will be in City of 22. Counterparts. This Agreement may be executed in one or more counterparts, any ofwhich shall be deemed an original but allo ofwhich together shall constitute one and the same instrument. 23. Assignment of Contract. The Subrecipient shall not assign this contract without the prior 24. Entire Agreement. The Parties agree that this Agreement is the complete expression ofthe terms agreed to by the Parties. No other understandings or representations, oral or otherwise, regarding the subject matter ofthis contract shall be deemed to exist or to bind thel Parties. 25. Severability. Int the event any term or condition ofthis Agreement or application thereofto any personorcirvumsances: isheldinvalid, suchi invalidity shallnot affectothert terms, conditions,or applications of this Agreement that can be given effect without the invalid term, condition, or application. Tothis end, the terms and conditions oft this Agreement are declared severable. Colorado Open Records Act or other laws applies. Agreement, following written notice by City to the Subrecipient. Lamar, Colorado. written consent oft the City. 7 26. Survival of Terms. Termination of this Agreement will not affect accrued rights, indemnities, existing commitments or any contractual provision which by its naturei isi intended to do 27. Headings. Thel headings used int this Agreement are: for convenience only, dor not constitute aj part of the Agreement, and will not be deemed to limit, characterize, or affect in any way the provisions oft the Agreement. All provisions ofthe Agreement will be construed as ifnol headings 28. Governmental Immunity. No term or condition oft this Agreement shall be construed or interpreted. as a waiver, express ori implied, ofany ofthei immunities, rights, benefits, protections, or other provisions oft the Colorado Governmental Immunity Act, C.R.S. $8 24-10-101, etseq. SO. had been used in the Agreement. IN WITNESS WHEREOF, thel Parties have executed this Agreement effectivei the date first above written. ATTEST: By: CITY OF LAMAR, COLORADO By: Kirk Crespin, Mayor Linda Williams, City Clerk Southeastern Colorado Water Conservancy District By: Authorized Representative 8 EXHIBIT B SCOPE OF SERVICES Agendal Item No. 6 Council Date: 5/13/24 LAMAR CITY COUNCIL AGENDAI ITEM COMMENTARY ITEM1 TITLE: Approve Staffto Apply for CDPHE 1306 Brownfields Cleanup Grant INITIATOR: Kristin Schwartz. Anne Marie Crampton & Tess Camp CITY ADMINISTRATORS ACTION PROPOSED: Approve Stafft to Apply for CDPHE 1306 Brownfields Cleanup Grant. STAFFINFORMATIONSOURCE: Robert Evans. Kristin Schwartz. Anne Marie Crampton. & Tess Camp BACKGROUND: There has been al level one and two hazardous materials assessment completed on the Main Café located at 114 S Main Street. The next step in the development process is an asbestos abatement. CDPHE is authorized by House Bill (HB)00-1306 to use funds from thel hazardous substance response fund for cleanup of contaminated: sites. Typical awards are between $10,000-9150,000. The new BIL funding has allowed for larger grant awards. The opinion of probable cost for spill removal and asbestos abatement ranged between $421,000 to $515,000. Staffis requesting for permission from Council to apply up to REVIEW: Dc2 $250,000 with a City match up to 250,000 to abate asbestos from the Main Cafe. RECOMMENDATION: Approve staff to apply for CDPHE 1306 Brownfields Cleanup Grant. COLORADO Department of Public Health e1 Environment Request for Applications (RFA) Cover Sheet 8 Signature Page RFA number: 7591 CDPHE contact: Kyle Sandor Date: Submit sealed applications to: Colorado Department of Public Health & Environment 1306 Brownfields Cleanup Grant Program 4300 Cherry Creek Drive! South Denver, CO 80246 Rolling Deadline RFA submission deadline: Number of copies: One Electronic Copy submitted via email in pdf format. Brownfields Cleanup Grant Program Per the attached specifications, terms and conditions *F.E.I.N.: 84-6000603 DUNS: UEI YWEZC1W5HCN3 Authorized signature: Typed/printed name: Kirk Crespin Title: Mayor Company name: City ofLamar Address: 102 EF Parmenter St. City: Lamar Phone number: 719-336-4376 Contact for clarifications: Kristin Schwartz Title: Cily Treasurer Phone number: 719-336-1373 Email address: kistin.schwatz@dil lamar co.us Origina! signature (ini ink) acknowledges acceptance of all terms and conditions of the solicitation. State: CO Fax number: 719-336-2787 Fax number: Zip: 81052 IMPORTANT: The following information must be on the outside of the Application Packaging or referenced in the subject line ift the application may be submitted electronically: Solicitation Number 7591 Applicants are urgedt tor read the solicitation document thoroughly before submitting an application. State of "Applicants are required tos submit Federal Employer Identification Number (F.E.L.N.) via a W-91 form prior to contracting with the Colorado. F.E..N. referenced above must match BIDS registration tot be eligible tos submit ar response and must match the required W-9f for contracting and payment. This page must be completed, signed (in ink) and returned with response 1Paye Agendal ItemNo. 7 Council Date: 5/13/24 LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY ITEMTITLE: Approve Agreement with Ayres for Consulting Services fort the Preparation ofthe CDPHE 1306 Brownfields Cleanup Grant INITIATOR: Kristin Schwartz CITY ADMINISTRATORS REVIEW: RCE ACTIONPROPOSED: Approve Agreement with Ayres for Consulting Services fort thel Preparation ofthe STAFFINFORMATION SOURCE: Robert Evans. Kristin Schwartz, Anne Marie Crampton. &1 Tess Camp BACKGROUND: Staff has requested permission to apply for the CDPHE 1306 Cleanup Grant. Assistance with completion oft the grant is outside the scope oft the EPA Brownfields Assessment Grant that we currently have. This agreement would allow Ayres staff to consult on and assist with the preparation oft the application. The agreement would be for a maximum of 1,500 dollars. This would be ai maximum of15 CDPHE 1306 Brownfields Cleanup Grant hours of assistance. RECOMMENDATION: Approve agreement with. Ayres on grant preparation for CDPHE 1306 grant and allow Mayor to sign agreement. AVRES Ingenuity, Integrity, and Intelligence. April 25, 2024 Kristin Schwartz Treasurer City of Lamar 102 E. Parmenter Street Lamar, CO81052 Dear Kristin: Re: CDPHE 1306 Brownfield Cleanup Grant Application Support Thank you for the opportunity for Ayres Associates Inc. (Consultant): to submit this proposal for professional services to support the City of Lamar's (Owner) Colorado Department of Public Health and Environment (CDPHE) 1306 Brownfield Cleanup Grant application effort, to apply for funding for the remediation and abatement of the Main Café. This letter presents our proposed scope of services, time schedule, fee, and contract terms and conditions. Project Description Lamar, Colorado. Scope of Services Consultant understands Owner is preparing an application to CDPHE's 1306 Brownfield Cleanup Grant program, to help fund the abatement and remediation oft the Main Café property at1 114 S. Main Streetin Consultant shall provide professional environmental services for Owner as provided below. Limited consulting services to the City of Lamar to assisti in preparation of a CDPHE 1306 Brownfields Cleanup Grant Program application for submittal. The application willf focus on requesting funding to ciean up and abate hazardous building materials at the Main Cafe property at114S. Main Street in Lamar, CO. The application willi include the following: CDPHE Request for Applications Cover Sheet & Signature Page; Pre-Award Risk Assessment Questionnaire; Application Executive Summary; Summary of ExperenceQualricatlons Project Description; Work Plan Table; Budget Narrative; and All required appendices as outlined in the CDPHE Request for Applications. Consultant will provide limited consulting services related to preparation of these elements. Owner will submit a draft of the completed application to Consultant prior to CDPHE submittal, for Consultant review. Consultant will provide feedback: for Owner toi incorporate into final application packet. Consultant will provide a maximum of 15 hours of assistance to Owner. Additional time for assistance would be approved by Owner if requested. Responsibilities of Owner and Others Owner will coordinate with CDPHE Program contacts as necessary throughout the application process to confirm or obtain input on specific content elements including the budget and work plan. 715.834.3161 13433 Oakwood Hills Parkway Eau Claire, WI 54701-7698 in @ -AyesoCat.cN File: pluserskmoralappdaasiccamscohendwwsinetache-omen. Outox/awuoa/lamar 1306 main cafe application support_ayres letter of proposal and acceptance.c docx Addressee Name Date Page 20 of3 Owner will provide any necessary signatures required as applicant. Owner will be responsible for submitting final application via email to Kyle Sandor, CDPHE 1306 Project Manager. The Owner shall designate in writing a representative authorized to acti in the Owner's behalf, and shall furnish required information, approvals and decisions as expeditiously as necessary for the orderly Ayres shall be entitled to rely on the accuracy and completeness of necessary project information progress of Ayres' services. supplied by the Owner. Time Schedule Based on guidance provided by CDPHE, Owner shall submit the final 1306 Grant application package by May 31, 2024. Consultant shall provide limited consulting services until the application is submitted. We will perform the above services fora an amount based on a standard hourly rate for each class of employee. The estimated cost of services is $1,500. We will note exceed an amount of $1,500 without Fee your prior approval. Contract Terms and Conditions into this proposal by reference. Acceptance Attached are' "Contract Terms and Conditions" which will apply to the services and which are incorporated Ifthis proposal and terms and conditions are acceptable toy you, a signature on the enclosed copy of this letter will serve as our authorization to proceed. This proposal is valid until May 20, 2024 unless extended by us in writing. Proposed by Consultant: Ayres Associates Inc. K Accepted by Owner: City ofl Lamar Owner's Name Signature Name Title Date Mahager-Develcpment Services Midwest Attachments: Contract Terms and Conditions 715.834.3161 13433 Oakwood Hills Parkway Eau Claire, WI 54701-7698 in @ w.Ayehspciate.coN File: plusetskmorauppdaatusalmtsoclwmonsinetcache-conent outiokTaMiuo4/lamart 1306 main cafe application support_ayres! lettero of proposal and acceptance docx Addressee Name Date Page3of3 715.834.3161 |3433 Oakwood Hills Parkway Eau Claire, WI 54701-7698 in @ w.AyreAsoClate.cn File: plusenpsamogeaappaaintbscanmecxotamowinoowsinetacheconent outiok7awlu047lamar 1306 main cafe applications support_ayres letter of proposal anda acceptance docx AYRES ASSOCIATES CONTRACT TERMS AND CONDITIONS 1.Performance of Services: Consultant shall perform the services outlined in its proposal to Owner in 2. Billing and Payment: Invoices for Consultant's services shall be submitted to Owner on a monthly basis. Invoices shall be due and payable within 30 days from date ofi invoice. Ifany invoice is not paid within 30 days; Consultant may, after giving 7 days' notice, without waiving any claim or right against Owner, and without liability whatsoever to Owner, suspend or terminate the performance ofs services. Accounts unpaid 30 days after thei invoice date will be: subject to a monthly service charge of 1.5% on the unpaid balance, or the maximum rate of interest permitted byl law, ifl less. Payment will be credited first to any interest owed to Consultant, then to principal. The amount of any excise, value-added, gross receipts, or sales taxes that may be imposed on payments shall be added tot the Consultant's compensation. Owner shall pay all costs of collection, including reasonable attorney's fees and costs incurred by consultant, in collecting any amounts due from Owner. No deductions or offsets shall be made from Consultant's compensation or expenses on account ofany setoffs or back charges. If Owner disputes an invoice, either as to amount or entitement, then Owner shall promptly advise Consultant in writing of the specific basis for doing so, may withhold only the portion sO 3. Access to Site: Owner shall furnish right-of-entry on the project site for Consultant and, if the site is not owned by Owner, warrants that permission has been granted tor make planned explorations pursuant tot the scope ofs services. Consultant: will take reasonable precautions to minimize damage to the site from use of equipment, but has noti included costs for restoration of damage that may result and shall not be responsible fors such costs. 4.1 Location of Utilities: Consultant shall use. reasonable means to identify the location of buried utilities in the areas of subsurface exploration and shall take reasonable precautions to avoid any damage tot the utilities noted. However, Owner agrees to indemnify and defend Consultant in the event of damage or injury arising from damage to or interference with subsurface structures or utilities which result from inaccuracies in information or 5. Hazardous Materials: Int the event that unanticipated potentially hazardous materials are encountered during the course oft thep project, Owner agrees to negotiate a revision to the scope of services, time schedule, fee, and contract terms and conditions. Ifar mutually satisfactory agreement cannot be reached between both parties, the contract shalll bet terminated and Owner agrees to pay Consultant: for all services rendered, including reasonable termination expenses. Owner acknowledges that Consultant is performing professional services for Owner and that Consultant is not and will not be required to become an "owner", arranger. "operator", "generator" or "transporter of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or neart the sitei in 6. Insurance: Consultant shall maintain Workers' Compensation, General Liability, and Automobile Liability Insurance during its services for Owner. Consultant: shallf furnish a Certificate ofl Insurance to Owner upon written request. Owner agrees that Consultant shall not be liable or responsible to Owner. for any loss, damage, or 7. Limitation of Professional Liability: Owner agrees to limit Consultant's professional liability for any and all claims for loss, damage or injury, including but not limited to, claims for negligence, $50,000.00 professional errors or omissions, strict liability, and breach of contract or warranty, to an amount of Consultant's fee, whichever is greater. In the event that Owner does not wish to limit Consultant's professional liability to this sum, Consultant agrees to raise the limitation of liability to a sum not to exceed $1,000,000.00 for increased consideration of ten percent (10%). of the total fee or $500.00, whichever is greater, upon receiving Owner's written request prior to the start of Consultant's services. 8.0 Opinions of Probable Costs: Consultant's opinions of probable project costs are made on the basis of Consultant's experience, qualifications and judgment; but Consultant cannot and does not guarantee that actual 9.Construction Review: Consultant does not accept responsibility for the design of a construction project unless the Consultant's contract includes review of the contractor's shop drawings, product data, and other documents, and includes site visits during construction in order to ascertain that, in general, the work is being 10. Construction Observation: Onrequest, Consultant: shallp provide personnel to observe construction in order toa ascertaint that, in general, the worki is being performed in accordance witht the construction contract documents. This construction observation shall not make Consultant a guarantor of the contractor's work. The contractor shall continue to be responsible for the accuracy and adequacy of all construction performed. In accordance with generally accepted practice, the contractor. will be solely responsible for the methods of construction, direction of personnel, control of machinery, and falsework, scaffolding, and other temporary construction aids. In addition, all matters related to safety in, on, or about the construction site shall be under the direction and control of the contractor and Consultant shall have no responsibility in that regard. Consultant shall not be consideration oft thes stated fee and payment terms. disputed, and must pay the undisputed portion.. instructions which have been furnished to Consultant by others. connection with Consultant's activities under this agreement. liability beyond the amounts, limits, exclusions, and conditions of suchi insurance. or project costs will not vary from opinions of probable cost. performed in accordance with the construction contract documents. Contract Terms and Conditions Page 1of3 required to verify any part of the work performed unless measurements, readings, and observations oft that part 11. Standard of Performance: The standard of care for all professional services performed or furnished by Consultant under this contract will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time andi int the same locality. Consultant does notr make any warranty or guarantee, expressed or implied, nor is this contract subject to the provisions of any uniform commercial code. Similarly, Consultant will not accept those terms and conditions offered by Owner in its purchase order, requisition, or notice of authorization to proceed, except as set forth herein or expressly agreed toiny writing. Written acknowledgement. of receipt or the actual performance of services subsequent to receipt of such purchase order, requisition, or notice of authorization to proceed is specifically deemed not to constitute 12. Ownership and Use of Documents: All documents produced by Consultant under this contract are instruments of Consultant's professional service and Consultant owns the documents including all associated copyrights and the right of reuse at the discretion of the Consultant. Engineer grants Owner al limited license to use the documents on the project, project extension and for related uses of the Owner subject to receipt of full payment due, and such license to Owner shall not create any rights in third parties. Owner shall indemnify and hold harmless Consultant and its officers, directors, employees and Subconsultants from all claims, damages, losses, and expenses, including reasonable attorney fees, arising out of or resulting from any use, reuse, or modification of documents without written) verification, completion or adaptation by Consultant. 13. Electronic Files: Owner and Consultant agree that any electronic files furnished by either party shall conform to the specifications agreed to at the time this contract is executed. Electronic files furnished by either party shall be subject to an acceptance period of 60 days during which the receiving party agrees to perform appropriate acceptance tests. The party furnishing the electronic file shall correct any discrepancies or errors detected and reported within the acceptance period.. After the acceptance period, the electronic files shall be deemed to be accepted and neither party shall have any obligation to correct errors or maintain electronic files. Owner is aware that differences may exist between the electronic files delivered and the printed hard-copy documents. Int the event ofa a conflict between the hard-copy documents prepared by Consultant: and electronic 14. Financial and Legal Services: Consultant's services and expertise do noti include the following services, which shall be provides by Ownerifrequired: (1) Accounting, bond andf financial advisory (including, ifapplicable, "municipal advisor services as described in Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) and the municipal advisor registration rules issued by the Securities and Exchange Commission), independent cost estimating, andi insurance counseling: services; (2) Legal services with regardt to issues pertaining to the Project as Owner requires, Contractor(s) raises, or Consultant reasonably requests; and (3) Such auditing services as Owner requires to ascertain how or for what purpose any Contractor has used the 15. Termination of Services: This contract may! be terminated at anyt time by either party should the other party failt to perform its obligations hereunder. Int the event oft termination for any reason whatsoever, Owner shall pay Consultant for all services rendered to the date of termination, all reimbursable expenses incurred prior to termination, and reasonable termination expenses incurred as the result oft termination. Consultant shall haver no 16. Controlling Law: This contract is to be governed by the law of the place of business of Consultant at the 17. Assignment of Rights: Neither Owner nor Consultant shall assign, sublet or transfer any rights under or interest int this contract (including, but without limitation, moneys that may become due or moneys that are due). without the written consent of the other, except to the extent mandated or restricted by law. Unless specifiçally stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this contract. Nothing contained in this paragraph shall prevent Consultant from employing such independent subconsultants as Consultant may deem appropriate to assist in 19. Dispute Resolution: Owner and Consultant agree to negotiate all disputes between them in good faith for ap period of 30 days from the date of notice prior to exercising their rights under the following dispute resolution provision. If direct negotiations fail, Owner and Consultant agree that they shall submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this contract or the breach thereof to mediation in accordance with the Construction Industry Mediation Rules oft the American. Arbitration Association effective on the date of this contract prior to exercising other rights under law. 20. Exclusion of Special, Indirect, Consequential, and Liquidated Damages: Consultant shall not be liable, in contract or tort or otherwise, for any special, indirect, consequential, or liquidated damages including specifically, but without limitation, loss ofp profit or revenue, loss of capital, delay damages, loss of goodwill, claim oft third parties, or similar damages arising out of or connected in any way tot the project or this contract. oft the construction are made! by Consultant's personnel. acceptance of any terms or conditions contrary tot those set forth herein. files, the hard-copy documents shall govern. money paid. liability to Owner on account of termination for cause by Consultant. address ini its proposal to Owner. the pertormance of services hereunder. 18. Third Party Benefits: This contract does not create any benefits for any third party. Contract Terms and Conditions Page 2of3 21. Betterment: If, due to Consultant's negligence, ar required item or component oft the project is omitted from the construction documents, Consultant's liability shall be limited to the reasonable cost of correction of the construction, less what Owner's cost ofi including the omitted item or componenti int the original construction would have been had the item or component not been omitted. Itisi intended by this provision that Consultant will not ber responsible for any cost ore expense that provides betterment, upgrade, or enhancement of the project. 22. Severability: To the extent that any provision of this contract is finally adjudged invalid by a court of competent jurisdiction, that provisions shall be deleted or modified, as necessary, to make it enforceable, and the remaining provisions of this contract shall remain in full force and effect and be binding upon the parties 24. Entire. Agreement: This agreement contains the parties entire understanding and supersedes all prior negotiations or agreements over the services described herein. This contract may only be amended, 25. Notice of Lien Rights: Ayres Associates Inc. hereby notifies owner that persons or companies furnishing labor or materials, including engineering, architectural, and surveying services, for the improvement of or construction on owner's land may have lien rights on owner's land and buildingsi if not paid. Owner should give a copy oft this notice to their mortgage lender, ifa any. Ayres Associates Inc. agrees to cooperate with the owner and owner's lender, ifany, forr resolution of POTENTIAL LIEN hereto. 23.California Privacy Rights Act Employer supplemented, modified, or canceled by a duly executed written instrument. claims made as part of this contract. Contract Terms and Conditions Page 3of3 ADDENDUM To Contract Terms and Conditions CLIENT: CITY OFLAMAR, COLORADO COMPANY: Ayers Associates Inc. 1. HOME RULE. The City of Lamar, Colorado, which is a Home Rule Municipal Charter in the State of Colorado, reserves all rights as a statutory entity, including governmental immunity as provided by law. No term or condition of the Agreement shall be construed or interpreted as a waiver, express or implied, ofany ofthei immunities, rights, benefits, protections, or other provisions oft the Colorado Governmental Immunity Act, C.R.S. SS 24-10-101, etseq. 2. APPROPRIATION. Any monetary obligation of the City of Lamar, Colorado is subject to appropriation as provided by law. The Parties understand and acknowledge that the Agency is subject to Article X,$20ofthe Colorado Constitution ("TABOR"). The Parties do not intend to violate the terms and requirements OfTABOR by the execution of this Agreement. Itis 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 ofthe current year and December 31 ofeach year thereafter. Financial obligations ofthe Agency payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the City ofLamar, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. 3. BINDING EFFECT. This Agreement is binding upon the parties and their respective successors and permitted assigns. Ini the event of any conflict with the main' "Contract Terms and Conditions", the provisions oft this Addendum will control. AGENCY: By Kirk Crespin - Mayor Attest: By CITY COUNCIL FOR THE CITY OF LAMAR, COLORADO Date Signed: Date Signed: Linda Williams, City Clerk COMPANY: Ayers Associates Inc. By Date Signed: Agendal Item! No. 8 Council Date: 5/13/24 LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY ITEMTITLE: Approve Grant Agreement with SECOG for Dog Park] Improvements. INITIATOR: Kristin Schwartz & Tess Camp CITY ADMINISTRATORS REVIEW: RcE ACTION PROPOSED: Approve Grant Agreement with SECOG. STAFF INFORMATION SOURCE: Robert Evans. Kristin Schwartz. Anthony LaTour. & Tess Camp BACKGROUND: The City ofLamar applied for the SECOG Technical Assistance Grant on April 19th and we were awarded the grant on April 24th. The City ofLamar applied for these funds to build the dog park at North Gateway Park. The City ofLamar was awarded 5,000 dollars and the total project cost is estimated at 16,273 dollars. The City ofl Lamar's match will be a combination of cash and in-kind. RECOMMENDATION: Approval of grant agreement with SECOG and allow for the mayor to sign. DocuSign Envelope ID: 6B4F4E8EDS4A549A2-1129723ABABA THREE WAY AGREEMENT Between Colorado Department of Local Affairs, Southeast Council of Governments, And City of Lamar, Colorado WHEREAS, the Colorado Department of Local Affairs, hereinafter DOLA, has contracted with the Southeast Council of Governments, hereinafter SECOG, to provide technical assistance in the counties of Baca, Bent, Crowley, Kiowa, Otero, and Prowers, and all municipalities within the WHEREAS, the Cityo oflamar hereinafterreferred to as City, has requested assistance through this program to assist in a project to address North Gateway Dog Park; and, WHEREAS, DOLA and SECOG desire to assist local governments and political subdivisions of the State that are experiencing social and economic impacts resulting from the development of WHEREAS, iti is necessary and desirable to specify these services, the desired end product and the responsibilities of DOLA, the COG and the Cityi in completing this mini-grant project. member counties;and, energy/minera. resource industries in Colorado; and, Now, THEREFORE, it is hereby agreed that: SCOPE OF PROJECT SECOGshall, provide the services toi the City as detailed in attachment. A, Scope of Services entitled "City and Community Services" Dated April 25, 2024. II. COST ESTIMATE Work will be billed to the City at completion of the final work task. Itise estimated that this work on this sub contract will be $10,000.00 and the City requested to contribute or match an amount not to exceed $5,000.00 of the project costs to cover North Gateway Dog Park. Chosen contractor shall submit an invoice to the City upon completion of the services. Once paid, Citywills submit alli invoices to the SECOG forreimbursement oft thel local match, up to $5,000.00, based on any prorated savings. SECOG shall reimburse the cost within 10 days III. Payments of receipt and verification oft the request. DocuSign Envelope ID: 8B4FAEBEDS4A549A24129723AB4BA IV. DOLA Responsibilities V. COG's Responsibilities Tara Marshall, Regional Manager, will monitor the Project on behalf of DOLA. SECOG will provide the personnel and administrative oversight to accomplish the objective as described. Employees of the SECOG may do some necessary research, plans and prepare documents in accordance with the scope of work. Employees of the SECOG will review documentation submitted by the City and prepare the reimbursement. The SECOG will be responsible for completing reporting and reimbursement requests to DOLA, per contract EIAF#9705. VI. City Responsibilities The City will be responsible for entering into the agreement with the service provider to complete the work. The City will provide all necessary documentation to the SECOG, including invoices for work completed, proof of payment and project completion report. VII. Period of Performance This agreement will be deemed valid by the authorized signatures and it is anticipated that work can begin when fully executed and completed by March 31, 2025. VIII. Change and Termination The SECOG, the Colorado Department of Local Affairs, or the City may, from time to time, require changes in the Scope of Services of this agreement. In the event changes are required, they must be made with the agreement of all parties. Either party may terminate this agreement by giving written notice of such termination and specifying the effective date thereof, at least thirty (30) days before the proposed dated of termination. Dhanilimzal 4/25/2024 Date Stéphanie Gonzales, SECOGE ExecuveDirector Kirk Crespin, Mayor of the City of Lamar Date Tara Marshall, DOLA Representative Date DocuSign Envelope ID: B4P4E-8ED54AS49A22112972AABA Attachment. A--Scope of Services 1. Work Description 2. Budget 3. Performance Timeframe ATTACHMENTA SCOPE OF SERVICES 1. PROJECT DESCRIPTION, OBJECTIVES AND REQUIREMENTS Eligible expenses include: Copies of any and all contracts entered into by the City in order to accomplish this Project shall be submitted to Southeast Council of Governments upon execution, and any and all contracts entered into by the City or any of its subcontractors shall comply with all applicable federal and state laws and shall be governed byt the laws oft the State of Colorado. The City agrees to acknowledge the Southeast Council of Governments in any and all materials or events designed to promote or educate the public about the Project, including but not limited to: press releases, newspaper articles, op-ed pieces, press conferences, presentations and brochures/pampnlets: 2. TIME OF PERFORMANCE 31, 2025. The Project shall commence upon the Effective Date and shall be completed on or before March Performance of this Contract shall commence as soon as practicable after the Effective Date of this Contract; provided however, that the City shall not be entitled to payment for any performance rendered before the Effective Date and shall not be eligible for reimbursement of any expenses incurred before the Effective Date. The City shall undertake and perform its obligations hereunder as set forth in Attachment A. The City agrees that time is of the essence int the performance of its obligations under this Contract. 3. BUDGET The project budget is estimated at: $10,000.00. 4. SECOG ADDRESS: 112 West Elm Street PO Box 1600 Lamar, CO 81052 DocuSign Envelope ID: B4FAE8EDS4A549A2Z-129723AB4BA 5. PAYMENT PROCEDURE The SECOG shall establish billing procedures and pay the City for actual expenditures made int the performance of this Contract based on the submission of SECOG documents in the format prescribed by the SECOG. The City shall submit requests for reimbursement, setting forth a detailed description of the amounts and types of reimbursable expenses. Payments pursuant to this Contract shall be made, in whole or in part, from available funds encumbered for the purposes of this Contract. The liability of the SECOG, at any time, for such payments shall be limited to the amount remaining of such encumbered funds. In the event this Contract is terminated, final payment to the City may be withheld at the discretion of the SECOG until completion of final audit. Incorrect payments to the City due to omission, error, fraud, ord defalcation: shall ber recovered from the City by deduction from: subsequent payment under this Contract or other contracts between the SECOG and the City, or by the SECOG as a debt Funds willl be recompensed ati the lesser of either the: stated percentage match by the project OR due to the SECOG. actual documented reimbursement requested. 6. CONTRACT MONITORING The SECOG shall monitort this Contract on an as-needed basis, as determined by the SECOG ini its sole discretion. The SECOG or any of its duly authorized representatives shall have the right to enter, inspect and examine the Project upon twenty-four (24) hours advance written notice to the Responsible. Administrator. 7. REPORTING SCHEDULE At thei time the City submits quarterly payment requests, the City shall submit, on a quarterly basis, financial and narrative status reports detailing Project progress and properly documenting all to-date expenditures of SECOG Mini Grant funds. The form and substance of such status reports shall be in accordance with the procedures developed and prescribed by the SECOG. The preparation ofreportsi inat timely manner shall bet the responsibility ofthe City and failure to comply may result in the delay of payment of funds and/or termination of this Contract. Contract Termination. This Contract may be terminated as follows: a) Termination Due to Loss of Funding. The Parties hereto expressly recognize that the City is to be paid or reimbursed with funds provided to the SECOG for the purposes set forth herein, and therefore, the City expressly understands and agrees that all its rights, demands and claims to payment or reimbursement arising under this Contract are contingent uponreceipt of such funds by the SECOG. In the event that such funds or any part thereof are not received by the SECOG, the SECOG mayimmediately terminate or amend this b) Termination for Cause. If, for any reason, the City shall fail to fulfill in a timely and proper manner its obligations under this Contract, ori ift the City shall violate any oft the Contract. DocuSign Envelope ID: 3884FAEBEDS-4A549A221129723AB4BA covenants, agreements, or stipulations of this Contract, the SECOG shall give written notice to the City of such delay or non-performance. If the City fails to promptly correct such delay or non-performance within the time specified ini the notice or twenty (20) days from the date of such notice, whichever is greater, the SECOG shall have the right, at its sole option, to terminate this entire Contract, or such part of this Contract as to which there has been delay or failure to properly perform, for cause. If the SECOG terminates this Contract for cause, the SECOG shall reimburse the City for only eligible expenditures made up to the date. of termination. Notwithstanding the above, the City shall remain liable to the SECOG for any damages sustained by the SECOG by virtue of any breach of this Contract by the City, and the SECOG may withhold any payments to the City for the purpose of offset until such time as the exact amount of damages due the SECOG from the Cityi is determined. c) Termination for Convenience. When the interests of the SECOG sO require, the SECOG may terminate this Contract in whole or in part for the convenience of the SECOG. The SECOG shall give written notice of termination to the City specifying thet termination of all or a part of this Contract and the effective date thereof, at least twenty (20) days before the date of termination. Exercise by the SECOG of this termination for convenience provision shall not be deemed a breach of contract by the SECOG. Upon receipt of written notice, the City shall incur no further obligations in connection with the terminated work and, on the date set in the notice of termination, the City shall stop work to the extent specified. The City also shall terminate outstanding orders and subcontracts as they relate to thet terminated work. Agenda Item No. Council Date 5/13/2024 9 LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY ITEM TITLE: Discuss and consider In-kind work contribution to the Shore Arts Center INITIATOR: Trevor La Cost/Rob Evans CIYADKNSTRAIDASRVENA ACTION PROPOSED: Approve In-kind work at Shore Arts Center RCE STAFF INFORMATION SOURCE: BACKGROUND: Discuss request from Trevor La Cost regarding In-Kind work contribution between the City of Lamar and the Shore. Arts Center RECOMMENDATION: Approve in-kind work between the City ofLamar and Shore Arts Center and such other action as council may direct. Agenda Item No. 10 Council Date: 05/13/24 LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY ITEM TITLE: Memorandum of Agreement for Participation in the Colorado Department ofLocal Affairs' Main Street Program INITIATOR: Martha Baird-Alvarez. Main Street Manager CITY ADMINISTRATORS REVIEW: RCE ACTION PROPOSED: Approve Memorandum ofUnderstanding STAFF INFORMATION SOURCE: Martha Baird-Alvarez, BACKGROUND: Lamar became a Colorado Main Street Community in October of2010 and was recognized as Colorado Main Street Program ofthe Year in 2014. While iti is affiliated with the City ofLamar, the Main Street program has 501(c)41 non-profit status under Lamar Partnership, Inc. (LPI). It has al board of directors appointed by City Our Main Street program is a graduate community, which allows the City and LPI to receive technical assistance, training, consulting services, annual mini-grants, and scholarships. All Main Street scholarship and mini-grant awards run through the City ofLamar. The Colorado Department ofLocal Affairs (DOLA) administers the Colorado Main Street Program and requires an MOU between DOLA, the City ofLamar, and By approving and signing the MOU, Lamar will continue as a Colorado Main Street Community. Council. LPI. RECOMMENDATIONS Staffrecommends: Council that approve the MOU with) DOLA and Lamar Partnership Inc. and authorize the Mayor to sign, or such other action as Council may direct. MEMORANDUM OF UNDERSTANDING Colorado Department of Local Affairs and City of Lamar Thisr memorandum of understanding ("Agreement") is enteredi into and executed byt the Colorado Department ofLocal Affairs ("DOLA"), Lamar Partnership, Inc. ("LPI"), andt the City of Formatted: Indent: Left: 0.38" Lamar (the" "City"). LRECITALS Formatted: Normal, Indent: Left: 0.38", First line: 0.5", Right: 0.11", Space Before: 7.65p pt, Lines spacing: Multiple 1.091i, Border.T Top: (No! border), Bottom: (No border), Left: (Nob border), Right: (Nob border), Between WHEREAS, thel National Main Street Program strives tor revitalize older and historical commercial districts tot build vibrant neighborhoods andi thriving economies; and WHEREAS, the Colorado Main Street Program ist the State's coordinating program to help Colorado's local Main Street Programs with proven revitalization: strategies and needed organization tol helpi identify andl leverage opportunities and resources tof further the National WHEREAS, LPI and the City are committed" to enhancing downtown; and WHEREAS, LPI and the City wish to create a vibrant and historic smallt town wheret the WHEREAS, LPI and the City want tor retain, attract, and improve access for businesses WHEREAS, LPI and the City helps support these goals by providing support to local businesses, hosting/lsupporting local events to create a vibrant community, funding/supporting WHEREAS, LPI and the City benefit greatly by having access to additional grant funding WHEREAS, enhance LPI and the City's economic development efforts, which will THEREFORE, in consideration oft thet foregoing and oft the mutualp promises set forth (No border) Main Street Center's Program goals; and entire community gathers and connects; and top promote the local economy; and beautification projects, connecting businesses tor resources; and only offered to official Main Streets Programs; and benefit the entire community. herein, the parties hereto agree tot the following regarding the City: IL.A AGREEMENT Formatted: Right 0.01", Space Before: 6.6pt Formatted: Indent: Left: 0.88", Hanging: 0.3", Right: Formatted: Indent: Left: 1.19", First! line: 0.19" A. The Colorado Main Street Program agrees to: the National Main Street Approach. 0.01" 1. 2. Assistt the City and local program manager in understanding and following Provide the City and thel local program manager with the necessary information toy promote the Colorado Main Street program. 3. Provide the City andt the! local program manager with training opportunities and technical assistance regularly and upon request, including periodic professional Advise the City and thel local program manager of additional training and 5. Conduct an annual visit tot the Cityt to discuss the current community work plan, future work plan, this Agreement, and ther requirements and prerequisites oft the Review the local program self-assessment annually per Main Street America 7. Offer and administer: scholarship grants subjectt to available funding. DOLA will advise the City and the local program manager onp procedures and policies for 8. Offer and administer non-competitive mini-grants subject to available funding. In ordert to be eligible for mini-grants, the project ori item must bel listed ont the local program's Annual work plant that is submitted to DOLA/ Colorado Main Street annually. DOLA willa advise the City and the local program manager on procedures and Offer and administer funding to hire consultants to aid the City and the local program manager in completing community-dentified work plan projects subject to 10. Act asl liaison andi facilitate communications between City and other Main Street communities, state agencies, partners, and the Main Street AmericaT TM Program, 11. Provide technical assistance and assistance with the organizational development oft the programt tot the City and thel local program manager as requested and as resources are available. Requested services must be related to Main Street's 12. Offer preservation architectural: services as available tot the City businesses. development training and the annual Main Street Summit. 4. grant opportunities. tiered program. 6. TMP Program accreditation criteria. applying for funding. policies for mini-grant eligibility and opportunities. 9. available funding. ast they relatet tot the local program. Strategic Plani initiatives. Formatted: Font:1 11pt Formatted: Indent: Left: 0.5", Firstl line: 0.2", Right: 03Space After 6pt, Outliner numbered Leve!: 1+ Numbering: Style: AB, G, + Starta at: 1+ Alignment: Left + Aligned at 1.31" + Indent at: 1.56" Commented [LG1): This section needs tor remaini in the agreement. Formatted: Font: 11pt Formatted: Font: 11pt Formatted: Indent: Left: 1.19", Firstl line: 0.3" Formatted: Font: (Default) Arial, 11pt Formatted: Left, Indent: Left: 1.19", First line: 0.3" Formatted: Font: (Default) Arial, 11pt Formatted: Indent: Left: 1.19", First line: 0.3" Formatted: Font: (Default) Arial, 11pt Formatted: Font: (Default) Arial, 11pt B. B.-CityfTown Cityand local programLPI agrees tot the following requirements as -described int the Program Prerequisites and Requirements section of the Colorado Main Street Program Manuals MACity will maintain an ongoing and supportive relationship with LPithe Lesal-Pregram. The CityPTown shall work collaboratively with DOLA/Colorado Main Street and the-Local Pregram-LPIt tor resolve any -disputes related to this Agreement or Subject lo annual appropriations. provide support tot the-Local ProgramLPI for financial sustainability This can include af financial commitment orin-kind contributions to maintain a paid professional Local Pregramlocal The CityATown wwill partner with thel LosalProgram LPI and. subjectto appropriations provide financial support for programming. projects and grant matching tof further the goals and mission of the Main Street Program. The City.will aAct ast the fiscal agent for contracts or purchase orders from the Program.. program Mmanager.. DOLA on behalf of the Local ProgramLPI The CityfTown in consultation with the Local Program'sLP! bBoard wille ensure that- the Main Street LoalPiogtamianage maintains the program inc good standing under this Agreement. meeting state and national Main Street requirements: Formatted: Font: (Default) Arial, 11pt Formatted: Indent: Left: 0.5", Firstl line: 0.19", Right: 0.01", Lines spacing: Multiple 1.1li Formatted: Indent Left: 1.19", Firstl line: 0.31" CB. City and LPI agree tot the following requirements as described int the Program Prerequisites and Requirements section oft the Colorado Main Street Program Manual: 1. Follow the National Main Street Approach'M as recommended by the Main Street/ AmericamM Program andi the Colorado Main Street Program. 2. Maintain ana active board ofc directors with a diverse representation of 3. Maintain as single point of contact for communications with the local program 4. Develop and support the implementation ofa a multi-year strategic plan incorporating the community's vision and the Main Street Four Points. 5. Identify and work toward 1-37 Transformation Strategies annually. 6. Develop an Annual Work Plani inc coordination with the City on or before the deadline listed int the Colorado Main Street Program Manual. 7. Maintain ana adequate budget for local program sustainability. 8. Maintain al Main Street district boundary map. 9. Maintain and continually improve community: awareness oft thel local program and garners support from the private and public sectors. 10. Positively promote the City and local program community as an official Colorado Main Street Community. Use the Colorado Main Streetl logo on all DOLA- sponsored Main Street trainings, websites, reports, and other materials. 11. Attend atl least two Main Street trainings annually, provided by DOLA, Main Street/ America", or other agencies, for continuing professional development. Training may! be attended byt thel Local Program Manager, staff, board members, orv volunteers. 12. Attend thel Main Street Summit annually as provided by DOLA. Int the event that the Local Program Manager cannot attend, thel Local Program Manager shall coordinate with the Local Program Board of Directors for representation and attendance. 13. Host a DOLA on-site visit tot the City and assist with local arrangements. 14. Host an annual board ofc directors retreat to develop the local program's annual work plan, discuss priorities, andr recognize achievements and volunteers. Annually, presentt the work plant tot the City for alignment ofp priorities and objectives. 15. Submit quarterly reports and reinvestment: statistics as required by the Colorado Main Street Program. As needed, support the Local Program Manager in 16. Apply for DOLAI mini-grant funding to Colorado Main Street. The project 17. Present atl least once annually a' State of Main Street" report tot the City and 18. Present an annual financial reportt tot the City and DOLA. 19. Support the local program manager in applying for eligible grant 20. The City agrees to act as the fiscal agent for all contracts and grant community stakeholders. manager to coordinate activities. reinvestment: statistics reporting. must bel listed ont the annual work plan. submit a copy oft the report to DOLA. opportunities. agreements fort thel local program. 21. Maintain compliance with allp program requirements as outlined int the Colorado Main Street Program Manual, listed under prerequisites and requirements. If the local program is att the Excelling ort the Exceptional level, this includes: Complete an annual reviewt to evaluate the performance oft the local Maintain a volunteer management program. Maintain av website or webpage for the local program. Attend at least one Certified Local Government training. Maintain as succession/ransition. plant forl local program staff and board Maintain al building and property inventory. Maintain al business inventory oft the Main Street district. Maintain al historic building inventory and list of historic assets oft the Demonstrate as strong adherence tot the Main Street program's historic 22. Maintain compliance with this/ Agreement and state and local laws. IfLPI and the City are unable to comply with any state and/or local laws, they must reach out Formatted: Indent: Left: 2" program manager. members. Main Street district. preservation goals and policies. immediately tot thel DOLAR PMi forr review. III. TERM AND OTHER CONDITIONS Formatted: List Paragraph. Indent: Left: 1.5" Formatted: Indent Left: 0.5", First line: 0.25" A. This Agreement will align with the DOLAI mini-grant program. B. Thet term oft this Agreement shall begin on February: 2024 and remain inj place until and unless terminated by any party. Int the eventt that! LPI and the City change tiers according to the requirements oft the Colorado Main Street Program or the Coloradol Main Street Program changes program requirements to be inconsistent with thet terms oft this Agreement, the parties agreet to work toward amending this Agreement in compliance with thoser requirements. C._-This Agreement may be amended onlyi in writing with the approval oft the DOLAI Main Street Coordinator, the President oft the LPI Board, and the City Council. D._ Notwithstanding any other provisions oft this Agreement, iffunds anticipated for continued fulfillment att the time oft the Agreement are, ata any time, not forthcoming ori insufficient, then DOLA shall have the rightt to amend ort terminatet this Agreement. E._-Ifa any party failst tof fulfilli its obligations undert this Agreement ina a timely and proper manner or violates any terms oft this Agreement, DOLA shall have the rightt to terminate this Agreement and withhold further services.- F._ Coloradol Main Street Program Manuali is a reference document for this Agreement. Int the event ofac conflict between this Agreement and the Colorado Main Street Program Manual, the Agreement willl be controlling. G. -Anym monetary obligation of the City ofLamar Colorado is subject to appropriation as provided by law. The Parties understand: and acknowledge thatt the Agency is subject to Article) X $20oft the Colorado Constitution ("TABOR"). The Parties do noti intend to violate the terms and requirements of TABOR. by the execution oft this Agreement. Itis understood and agreed that this Commented [LG2):1 wills submit this changer request too our procurement Officert for approval. Agreement does not create ar multi-fiscal year direct ori indirect debt or obligation: within the meaning of TABOR and. therefore. notwithstanding anything in this Agreement to the contrary, all payment obligations oft the Agency are expressly dependent and conditioned upon the continuing availability off funds beyond the term oft the Agency's current fiscal period ending on December31 oft the current year and December 31 of each year thereafter. Financial obligations oft the Agency payable after the currentf fiscaly vear are contingent upon funds for that purpose being appropriated. budgeted, and otherwise made available in accordance with the rules, regulations. andr resolutions ofthe City ofl Lamar, and other applicable law. Upon the failure to appropriate such funds. this Agreement shall be terminated. Formatted: Normal, indent: Left: 0.5", Firstl line: 0.25" Formatted: Indent: Left: 0.5", First! line: 0" IV. REPRESENTATIONS AND WARRANTIES The City and LPI represent and warrant (i)t thati it has no obligations, legal or otherwise, inconsistent with the terms oft this Agreement, (i) thatt the performance oft the services called for by this Agreement does not andy will not violate any applicable law, rule or regulation or any proprietary or otherr right of anyt third party. (ii) thati it willr not use int the performance of responsibilities under this Agreement any confidential information ort trades secrets of any other person ore entity and (iv) thati it has note entered into nor will enter into any agreement (whether oral orv written) inc conflict with this Agreement. V. ENTIRE AGREEMENT ANDI NOTICE This Agreement contains the entire understanding oft the parties and may not be amended. Any notice given undert this Agreement will be sufficient ifitis isi iny writing and 1)if sent by certified orr registeredr mail or 2) by electronic mail with receipt confirmed! byt the receiving party, to: Colorado Department ofL Local Affairs Director, Division ofLocal Government 1313 Sherman Street, Rm 521 Denver, CO 80203 Martha Baird-AlvarezKirk Crespin Mayor City ofl Lamar Main Street Manager 102 E. Parmenter Lamar, CO81052 VI. COMPLIANCE WITHLAW Formatted: Space Before: 12pt Commented [LG3]:1 Thisr needst tot bet the! Mayor of Lamr, nott theN Main Streetr manager. Inc connection with his/her services rendered hereunder, all parties agree to abide by all applicable federal, state, and local laws, ordinances, and regulations. VII. GOVERNING LAW This Agreement will be construed in accordance with, and all actions arising! hereunder will be governed by, the laws oft the State of Colorado. [Signatures on following page] CITYOFLAMAR Mayor's signature Kirk Crespin- Kirk-CrespinPrinted name LAMARPARTNERSHP, INC. Date Formatted: Indent: Left: 1.15", Right: 0.01", Space Before: 6pt Formatted: Underline Formatted: Underline Before: 6pt Formatted: Indent Left: 1.15",Right: 0.01", Space President's signature Heather Whisenand- Date Formatted: Indent: Left: 1.15", Right: 0.01", Space Formatted: Indent: Left: 1.15", Right: 0.01", Space Before: 6pt Formatted: Underline Before: 6pt HeatherWhisenand PresidentPrinted name COLORADO DEPARTMENT OF LOCAL AFFAIRS SCAN Representative's: signature Chantal Unfug Printed name February 09,2024 Date Formatted: Indent Left: 1.15", Right: 0.01", Space Formatted: Indent Left: 1.15", Right 0.01", Space Before: 6pt Before: 6pt Agenda Item No. 11 Council Date 5-13-24 LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY ITEMTITLE: Schedule Public Hearing for The Royal on the 7th Subdivision final plat INITIATOR: Stephanie Strube CITY ADMINISTRATORS REVIEW: RCR ACTION PROPOSED: Schedule Public Hearing for The Royal on the 7h final plat. STAFF INFORMATION SOURCE: Stephanie Strube, Planning and Zoning Commission BACKGROUND: Scott Glahn working for. John Sutphin II has started thej process with planning andz zoning to develop a subdivision off of Memorial Drive named The Royal on the 7th. Council has approved the Ordinance No. 1261 for the rezoning of the property from O-E to R-1. The said property is approximately 5 acres in total located at 28573/28515 County Road 8.2 Lamar, Colorado. Thej property has been posted for aj public hearing that was held on May 30, 2023 for the preliminary plat subdivision ofthe land: for the future development ofthe propertyi into single family homes. The 12 lots vary in size but run approximately 105' by 135'. There were minor change requests at the planning and zoning meeting to the plans regarding lifl station, retaining pond, typos, and lot size correction to the south lots. After changes are made the plans would be brought to council for approval to move forward with the plat oft the subdivision to be called The Royal on the 7th. The final plat was submitted and reviewed by Planning and Zoning on May 7,2024. The Planning and Zoning Commission approved the final plat and plans with minor redline changes. The plans have been reviewed by Pat Mason, Jeremy Burkhart, Mikel Machone, Robl Batdorf, Robl Evans, Light and Power, and emailed tot the appropriate people for concerns. Scott Glahnl has worked closely with the city to help move this project forward. RECOMMENDATION: Set a public hearing date for application oft thei final plat for The Royal on the 7th Subdivision. Direct that City staff post the proposed location at 28573/28515 County Road 8.2 Lamar, Colorado and publish proper notice in the local paper as required by law. 102E. Parmenter Lamar, CO 81052 Phone No.: 719-336-2085 FAXI No.: 719-336-2787 wwwcllamarcous CITY OF LAMARE COLORADO: BUILDING DEPARTMENT May7,2024 Case No: PZ-2023-03 Lamar City Council Attn: Kirk Crespin, Mayor 102 E. Parmenter Lamar, Colorado 81052 RE: The Royal on the 7th Subdivision 28573/28515 CR 8.2 Final Plat STATUS: APPROVED MAY7, 2024-SUBDIVISION FINAL PLAT Dear City Councilmembers: The City of Lamar Planning and Zoning met on May 7,2024 to consider the final plat on the Royal on the After the Planning and Zoning meeting, a motion was made and passed to approve the request with the unanimous agreeance to approve the subdivision final plat with the redline changes to the plans; therefore, the Planning and Zoning Commission is recommending that the final plat for the Royal on the 7thsubdivision, 28573/28515 CR8 8.2. There were no objections to the request. 7th2 28573/28515 CR8.2 be approved by the City Council. Sincerely Tim Courkamp Chair Person Planning & Zoning Commission arfyp - 0 0 - SUTPHN. N - 5 MEMORIAL DRIVE THEF ROYAL ON7 7TH SUBDIVISION LAMAR, ÇOLORADO THEF ROYALI INCORPORATED $933 avow AINAOD 9) 3 6 THEF ROYAL ON7TH SUBDIVISION LAMAR, COLORADO THE ROYAL INCORPORATED THEF ROYAL ON7 7TH SUBDIVISION LAMAR, COLORADO THEF ROYALI INCORPORATED S33 avou AINNOS s U THER 7TH LAMAR. COLORADO THEF INCORPORATED 07. - IDII d:e THEF ROVAL ON7TH SUBDIVISION LAMAR, COLORADO THE ROYALI INCORPORATED A SUTPHIN o 1 CIRE MEMORIAL DRIVE THEROYAL ON7TH SUBDIVISION LAMAR, COLORADO THEF ROYAL INCORPORATED pLIT THEF ROYAL ON7TH SUBDIVISION LAMAR, COLORADO THEF ROYAL INCORPORATED - - TELI P69E VA £894 : THEF ROYAL ON7TH SUBDIVISION LAMAR, COLORADO THE ROYAL INCORPORATED THEF ROYAL ON7TH SUBOIVISION LAMAR, COLORADO THEF ROYAL INCORPORATED uy Ba - THEF ROYAL ON7TH SUBDIVISION LAMAR, COLORADO THEF ROYALINCORPORATED THEF ROYAL ON7TH: SUBDIMISION LAMAR, COLORADO THEF ROYAL INCORPORATED 3680 THEF ROYAL ONTTH SUBDIVISION LAMAR,COLORADO THEF ROYAL INCORPORATED Agenda Item No. 12 Council Date: 5-13-24 LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY Ordinance No. -"An Ordinance oft the City of Lamar, Colorado stating the intent oft the ITEMTITLE: CityofLamar. repealing and replacing transportation units. Chapter 6. Article IV." INITIATOR: Stephanie Strube. Kyle Miller CITY ADMINISTRATORS REVIEW: Rc6 ACTION PROPOSED: Approve Ordinance on first reading. STAFF INFORMATION SOURCE: Stephanie Strube. Building Official. Kyle Miller. Police Chief BACKGROUND: Over the past couple of years there has been an increased presence of conex boxes showing up inj yards throughout the City ofLamar. Code enforcement and the building department have worked together in an attempt to enforcei the Lamar Municipal Code. In the attempt to have everyone code compliant it became apparent that the code itself needed some modifications. Kyle Miller and Stephanie Strube met to discuss what changing the ordinance would look like. The subject was brought tol Planning and Zoning Commission on March 13 wherei it was decided to take the topic to council for further guidance. A work session was held on April 8 with City Council. Another meeting wasl held with Planning and Zoning on April 11,and again on May 7,2 2024 where. Planning and Zoning Commission voted unanimously to accept the ordinance as written with the exception of changes inl language by the city attorney ifneeded. See attached letter. RECOMMENDATION: All things preliminary to the Ordinance having been properly and timely completed, staff recommends that City Council approve the Ordinance on the first reading or such other action as Council may direct. 102E. Parmenter Lamar, CO81052 Phone No. 719-336-2085 FAXNo.: 719-336-2787 wwwcl.amarcous ÇITYOF LAM'ARE COLORADO BUILDING DEPARTMENT May 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, 2024 to consider the finalization ofa 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 by the City Council. Sincerely, LLafoy Tim Courkamp Chair Person Planning & Zoning Commission ORDINANCE NO. AN ORDINANCE OF THE CITY OF LAMAR, COLORADO: REPEALING AND REPLACING WHEREAS: The use ofs shipping containers, commonly referred to as a Conex box, is an efficient and WHEREAS: The use ofConex boxes has become a more common way to securely store items outside of WHEREAS: The regulation and placement ofConex boxes is necessary to ensure the minimal amount of WHEREAS: Toj 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, itist necessary to exclude shipping containers, for aesthetic purposes, in certain city zoned NOW,THEREFORE, BEI IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAMAR, Part1: 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 a 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-S SHIPPING CONTAINERS Sec. 6-311 Definitions: 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 It is 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 toj place a shipping container in the following zones or districts, as shown on the official zoning map of the City ofLamar and designated as: M-H, A, O-E, R-2, R-3,I-1, I-2,I-P, C-1,C-2, and C-3. P-U-D, F-P 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 a 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 oft the permit and the performance of the applicant thereunder to protect the public health, safety and welfare, to ensure the structural integrity of 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; C. 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 on1 thej property except in the back f. placed, located or remain in any zones or districts not approved for a the property; yard ofa a residence; shipping container; g. in violation of any other municipal code or ordinance; h. inv violation oft the setback required by the zoning applicable to thej property; i. stacked vertically on top of each other; J. placed, located or remains on a vacant lot; 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 and shalll be consideredar nuisance and shall be subject to all remedies available to the city, including removal and abatement. (6) No person shall have any entitlement or vested right as al 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 of this Ordinance are hereby repealed. SEVERABILITY If any 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 ofthis 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 4 14 5/13/2024 Agenda Item No Council Date LAMAR CITY COUNCIL EXECUTIVE SESSION COMMENTARY Executive Sessions- - (1) For 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) 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 ITEM TITLE: C.R.S. $24-6-402(4)e) regarding the Chief ofPolice Search INITIATOR: Rob Evans. City Administrator CITYADMINISTRATORSREVIEW: RCE ACTION PROPOSED: STAFF INFORMATION SOURCE: BACKGROUND: Executive Sessions - ()Foraconference with the City Attorney for the purpose of receiving advice on specific legal questions under C.R.S. $24-6-402(4)b) regarding Economic Development Negotiations (2) Fora conference with the City Attorney for the purpose of receiving advice on specific legal questions under C.R.S. $24-6-402(4)b) RECOMMENDATION 13 1 1 / 1 A 9 C 81 s 3 E Es5s 88 BE B CITY OF LAMARE COLORADO AEMPOTZIUMCOIANN PHONE:0791336-4376 FAX:(719/336-2787 2024 UTILITY REVENUE REPORT MONTHLY ELECTRICITY: WATER: SEWER: TRASH: MONTHLYTOTAL APRIL $1,000,903.36 $129,842.03 $50,641.02 $145,434.60 $1,326,821.01 APRIL2023 $997,701.96 $41,587.38 $42,992.53 $133,740.07 $1.286,021.94 L 0.327 16.367 17.79% 8.74% 3.17% 2024 YEARTODATE $4,019,066.41 $424,260.72 $202,053.85 $533,098.40 $5,178,479.38 2023 YEARTODATE $3,975,317.85 $358,838.08 $172,19.99 $532,009.94 $5,038,285.86 1 1.10% 18.235 17.39% 0.20% 2.78% ELECTRICITY: WATER: SEWER: TRASH: YTDTOTAL 5/2/2074