OFDOBD 651.1909 AGENDA TOWN OF DOLORES COLORADO BOARD OF TRUSTEES MEETING/WORASHOP JANUARY 22"D 2024, WORASHOP/METING 5:30P.M. THE MEETING WILLE BE HELD AT TOWN HALL 420 CENTRAL. AVENUE. IF) YOUI WISH TO ATTEND' VIRTUALLY, PLEASE VISITT THE TOWNI WEBSITE UNDER GOVERNMENT TOWN BOARD MEETING FOR THE: ZOOMLINK htps/townotdolores.coloradogoy WORKSHOP: 5:30 p.m.: 1. Community Center: Plans for management 2. Festivals moved to. Joe Rowel! Parki i.e., Escalante Days, and other events taken place at. Joe Rowell Park. BOARD MEETING: 1.CALLTOORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: 4./ ACTION/APPROVAL OF1 THE AGENDA 5. IDENTIFICATION OF ACTUAL ORI PERCEIVED CONFLICTS OF INTEREST. 6.CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board at this time or during al Public Hearing. Each Person will have 5 minutes. The Town Board encourages public comment by the following sources: Live at the Town Hall, virtually via ZOOM (see the Town' Website for the link), or by submitting your comments, via email, to the Town Clerk at ammyPtowpocolcrescon any time before the dated Board meeting. 7.0 CONSENT AGENDA: No consent. items were submitted; for this meeting. 8. BOARD MEMBERS COMMENTS ANDI REPORTS: (5 minutes only) Sheila Wheeler Duvall Val"Truelsen Andy Lewis Mark Youngquist Chris Holkestad Kalin Grigg 9. STAFF REPORTS/PRESENTATIONS: 9.1 Manager Paul Ruud: 9.2 Attorney. Jon Kelly: 9.3Treasurer Heather Robertson: 10. ADMINISTRATIVE BOARD BUSINESS: R574, agenda item 11.2. 10.1 Discussion/Possible Action: Update on the Dolores Community Center transfer. Resolution 10.2 Discussion/Possible Action: Appoint an interested person to filll the vacancy on the Town Board. Resolution R575, item11.3 on the agenda. Letters ofi interest submitted: A. Chris Curry B. Michael Sawyer C.I Marie Roan 11. ACTION/APPROVALE PUBLIC HEARINGS, ORDINANCES/RES/RESOLUTIONS: 11.1 Action/Approval Public Hearing: Second and final reading of Ordinance 569 Series 2024 amending Title 12 of the Dolores Municipal Code to regulate the Dolores Community Center Property. 11.2 Action/Approval Resolution R574 Series 2024, authorizing the closing oft the purchase of 400 11.3 Action/Approval Resolution R575 Series 2024, filling the vacancy of Board Trustee for the 114Action/Approval Resolution R676: Series 2024, approving the IGA participating Locai Governments and authorizing the Mayor to execute the amended agreement on behalf of the Town. 11.5 Action/Approval Resolution R577 Series 2024, adopting at fee: schedule, approving the form of acontract, and establishing initial policies concerning the Dolores Community Center. 12. EXECUTIVE! SESSION: Discussion of personnel matter pursuant to 24-6-402/4)0)0, CRS Riverside (Community Center), Dolores Colorado. Town of Dolores. 13. FUTURE AGENDAS: P&ZI meeting: February 6th, 2024 Parks meeting: February gth, 2024 Board meetings: February 12th, 2024 14. ADJOURNMENT Dolores, Colorado) Est. 2900 Manager's Report Dolores Colorado To: Mayor and Trustees From: Paul Ruud, Dolores Town Manager Date: January 22,2024 Re: Trustees Meeting January 22 Town Board Meeting Manager Updates: Trustees Meeting: Resolutions for: Community Center Town Board' Vacancy Mutual Aid Agreement Manager Items: Region 9 Board of Director opening. Update on CDOT Spring 2024 installation of Behavioral Feedback Speed Signs. Planning and Zoning Report toi the Trustees. Update on Manager Ruud's Improvement Plan progress. Report to the Board of Trustees on the Planning & Zoning Commission meeting held January 9, 2024 Highlights from the January 9, 2024 P&Z meeting that generated discussions of potential interest to the Board Agenda tem/Description Discussion 8 Appointment of offices Chair: Lindal Robinson Vice chair: Dan Heeney Secretary: Shirley Powell The secretary will take on responsibility from: the Chair for preparing abrief report for the Mayor and Board of items discussed: at the meeting andi for identifying agenda items for the next P&Z meeting. The Commissioners agreed that this report would not be a comprehensive summary oft the meeting nor would it replace the minutes being prepared by the Assistant Town Clerk. The report willi focus on agenda items generating discussion, that likely would be continued on the agenda oft the subsequent P&Z The Commissioners and staff discussed the consistency of definitions used in the Land Use Code and the building code. Attorney Kelly discussed possible actions that the Town could take (or not) in response to proposed construction activities - after which the new LUC regulations for parking and landscaping 3. Move towards a "substantial improvement" trigger along the The group also discussed the possibility of using a change ini the substrate of commercial parking areas as a trigger for the parking-lot- The Commissioners discussed the advisability of shifting their focus their efforts from the Comp Plan to' 'sub-plans" that could be incorporated, by reference, into the Comp Plan. Weed Management Plan: Commissioner Tucker will work at getting a copy of the County's weed map," and gather more information on their weed-management efforts. Watershed Management Plan: Manager Ruud will contact the Mancos Water Conservancy District to learn more about their plan, including potential funding for such plans. The Historic Preservation Plan was given al lower priority based on lack of Commission and Staff capacity and perceived need. The consistency of definitions used in the Land Use Code and the building code Conditions under which the newl LUC regulations for commercial parking and landscaping would be triggered Weed Management Plan Watershed Management Plan meeting. 11.1 Section 13.23 of the Land Use Code, 13.23 B.(c)Applicability would bet triggered. 1. Do nothing 2. Change the current 10%1 trigger lines oft the one used by FEMA landscaping guidelines in the LUC. 11.2 Additional topics of interest to the Commissioners 12 Agenda items for February P&Z meeting DOLORES COMMUNITY CENTER Contract. Agreement Iagree tot the following conditions: A. All contracts fort the use ofthe Dolores Community Center must be signed and fees paid 14 days prior to use. If the event is cancelled for any reason between 5 and 10 days prior to use, 25% oft the monies shall be charged to cover the cost ofhandling, inconvenience, and the unavailability oft the facility to others before any refunds are made.. Any cancellations between 1 and 4 days prior to use willl be charged 50%, and any cancellations within 24 B. Ihereby understand. I will be responsible fori the cleaning ofthe facility (unless Ihave chosen aj package in which cleaning is included) and for damages as ai result of the activity and that a charge will bet taken from the deposit fee (ifr required) to cover additional cleanup and damage. IfIhave not paid a deposit, or the cost of cleaning or damages is more than the collected deposit, I understand that Iv will be liable and will be made to pay for any C.A Alcoholic beverages may be served at private parties. Ift the event is open to the public, the user must have approval from the Dolores Community Center Board of] Directors and must have an approved Colorado Liquor License (obtained by application with the Town of] Dolores). The License must be displayed at the event. Alcoholic beverages are: not allowed outside the building unless permitted by your Statel Liquor License. D. Renter must disclose any coltovengeetertamment services, such as catering deejay, etc., at least 14 calendar days prior to contracted rental date. All commercial activities shall require al business license and sales tax liçense. A certificate of liability insurance is required for all commercial renters and public events consisting of 50 or more guests which must be on file with the Community Center at least 14 calendar days prior to contracted rental date for all catering, entertainment, and support staff. ATTACHMENT: LIABILITY INSURANCE! REQUIREMENTS E. All events must end by midnight unless prior approval has been given by thel Dolores Community Center Board of F. This use and fee schedule is subject to revisions but in no way will affect events already scheduled and paid for. I understand that ifover 75 people are attending the event, Ir must choose a] package deal that includes cleaning and hours of event will be charged 75%. additional cleaning and damages. Directors. No alcohol: may be served after midnight. setup. RULESANDI REGULATIONS Renter must be present at all times during the event. No smoking or pets are permitted inside the Community Center. Renter is not allowed to rent thc Community Center to ai third party. Renter understands that he/she is responsible fori the conduct and behavior of all guests attending this function.. All posted and published community policy rules must be observed. Iti is the duty oft the Renter to make sure all guests abide by the Noise from music and activities at the Community Center during this time must: not be audible from the exterior oft the building or otherwise interfere with other events that may be taking place at the Community Center or with residents living The Community Center: furnishings, equipment, dinnerware, facilities and general areas including the hallways, entrances, and surrounding areas oft the Community Center, and any other areas that are used during this event, are to be retumed to Owner in the same clean and undamaged condition as given on1 the date ofn rental. Renter must provide cleaning supplies All items must be retured to Owner int their originai piaces. Renters may NOT rearrange the furniture without consent of the Owner. Nothing may be adhered to or attached to1 the walls (no staples, tacks, etc.)Audio/video equipment may notl be rules. ini this area. and trash bags, and all trach must be bagged and placed into appropriate receptacles. attached to any televisions in the facility without prior approval from owner. DOLORES COMMUNITY CENTER RELEASE, INDEMNITY AND DAMAGES No attendee ofthis event will hold Owner, with this rental agreement. None ofOwner ori its affiliates, or any oft their officers, members, employees or agents any oft their affiliates, or any oftheir Representatives: shall be responsible ("Representatives"): responsible for any damages, accidents, injuries or actions resulting from or otherwise: in connection fora any items lost or stolen during this event. Renter shall defend, indemnify, protect and hold harmless Owner, and any of their affiliates, or any oftheir Representatives (collectively, the Indemnified Parties" ") from and against any and all suits, actions, damages, claims, expenses, losses, costs, demands, fines, liens, judgments or liability imposed by law of whatsoever. kind (including without limitation legal fees) arising from, out of, ori in connection with the activities resulting from or in connection with the event. This indemnification shall apply whether or not such claims are based upon any alleged active or passive negligence or wrongful participation oft thej part ofany of the Indemnified Parties. Renter hereby agrees toj pay: for any damages, replacements, or cleaning fees incurred, and understands that nay unpaid charges may be sought through legal means against the Renter. I,t the undersigned, agree to save and hold harmless the' Town of Dolores its officers and employee from any and all claims and demands arising out oft the use oft the premises, and will defend any cause action brought to enforce any such claims or demands against the' Town ofl Dolores, its officers and employees. Date confirmed: Room confirmed: Times Confirmed: Number of expected guests: Usagc / Packagc Fccs Equipment Fees Other Fees Subtotal Discount (only 1 may be applicable): Non-profit, Benefit, Regular user (10 or more times annually) Damage / Cleaning Deposit (refundable) Total Due Contract is noti in effect until signed by the Town of Dolores Representative and full payment received. Signature of Responsible Party Printed Name Today's Date Signature ofTown of] Dolores Representative Today's] Date THIS IS Al BINDING CONTRACT. BY SIGNIING THIS AGREEMENT, THE ABOVE SIGNED REPRESENTS THAT) HE/SHE HAS READ THE' TERMS AND CONDITIONS HEREUNDER INI FULLAND UNERSTANDS. AND AGREES TO COMPLY THEREIN. ALLI RESPECTS DOLORES COMMUNITY CENTER ATTACHMENT: LIABILITYI INSURANCE REQUIREMENTS These requirements are mandated by the Town of] Dolores Prior to the execution oft the contract by the Town, the User must obtain at their own cost ande expense and keepi ini force and effect duringt thet term of the contract including all extensions, the following insurance with an insurance company/companes licensed to do business int the State of Colorado evidenced by a certificate ofi insurance and/or copies oft thei insurance policies. The User's insurance The User must submit a certificate ofi insurance prior to the start of any event. Ini no event may the insurance coverage be lesst than shown below. Unless otherwise described by this contract the successful User willl be required to maintain fort thel life of the contract and shall bej primary. to furnish the' Town cvidencc of insurancc as follows: Mandatory Requirements for Insurance User'si insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, officers, consultants, agents and employees and any insurance or self-insurance maintained by the Town, shall be excess oft the User'si insurance and shall not be called upon to contribute withi it. Type of Insurance Amounts of Insurance Bodily Injury by Accident: $100,000 each accident Bodily Injury by Disease: $500,000 policy limits Bodily Injury by Disease: $100,0000 eache employee Each Occurrence: $100,000 Endorsements and Provisions Waiver of Subrogation 1. Workers' Compensation 2. Employer'sliability 3. Commercial General Liability a. Bodily injury b. Property damage Contractual liability d. Premise/Operations Independent Contractors Products/Completed Operations Personal Injury Town tol be listed as additional insured and provided 30-day notice of cancellation or material change in coverage. TOWN OF DOLORES RESOLUTION NO. R577 SERIES 2024 AF RESOLUTION. ADOPTING AF FEE SCHEDULE, APPROVING THE FORM OF A CONTRACT AND ESTABLISHING INITIALI POLICIES CONCERNING THE DOLORES COMMUNITY CENTER WHEREAS, the Town of Dolores, Coloradoi is a statutory town incorporated under the laws oft the state WHEREAS the Board of Trustees is authorized pursuant to Colorado law to enter into agreements in order to acquire real property and land as may be necessary, or suitable for the public interest. WHEREAS the Town of Dolores intends to closei the purchase of the Dolores Community Center at 400 Riverside in Dolores, Colorado on February 8, 2024, from the Dolores Community Center Association. WHEREAS the Board of Trustees adopt this resolution to appropriate funds, establish ai fee schedule for the use of the Dolores Community Center by the public and establish certain initial policies as set forth NOW, THEREFORE, BE ITI RESOLVED BYTHE BOARD OF TRUSTEES OF THE TOWN OF DOLORES as follows: 1. The Board of Trustees ratifies all standing reservations and contracts for use of the Community Center in effect as of the date of closing on February 8, 2024, duly executed by the Dolores 2. The Board of Trustees authorizes the Town of Dolores and the Town Treasurer to accept the balance of the funds to bet transferred from the Dolores Community Center Association, Inc. pursuant to the purchase contract, which: shall be deposited into the Town's general fund and 3. Thel Board of Trustees authorizes and directs the Town Manager and staff to manage the Dolores Community Center in accordance with the purposes set forth int the Municipal Code, to enteri into contracts for reservation and use of the Community Center with members of the public, to delegate such tasks to town employees andi independent contractors as may be necessary to carry out these functions, and to develop and enforce policies and protocols for the 4. Thel Board of Trustees approves and adopts the fee schedule attached hereto as Exhibit At for 5. The Board of Trustees approve the contract attached hereto as Exhibit Bi for use the by Town when renting the Community Center, the form of which mayl be modified by the Town Manager of Colorado; herein. Community Center Association, Inc.. used for the maintenance, operation, and upkeep of the property. use of thet facility. the use of the Community Center. in consultation with the Town Attorney from timet to time. 6. The Board of Trustees directs that all revenue generated from the use oft the Dolores Community Center: shall be designated for the operation, improvement, maintenance, and 7. The Board of Trustees appropriates and/or allocates thet funds necessary to payt the operation, maintenance and improvement of the Dolores Community Center ina an amount not to exceed same. Said amount may be expended to pay Town Staffand/or independent contractors. INTRODUCED, READ AND PASSED ASA RESOLUTION. AT THE SPECIAL MEETING OF THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES HELD ON. JANUARY 22, 2024, ATI WHICH A QUORUM' WAS upkeep of thet facility. $ from the general fund and authorizes the expenditure oft the PRESENT. THE BOARD OF TRUSTEES OF THE TOWN OFI DOLORES: By: Attest: Mayor Pro Tem Chris Holkestad Town Clerk" Tammy Neely EXHIBITA Fee Schedule For events of 75 people and under: Full Facility South Room Meeting Kitchen Only 25 40 60 100 NA NA Room 20 40 80 0 25 NA Byt the hour Half-day Full-day Refundable Deposit LCD projector Stage 60 150 300 200 25 $30/$50 40 100 200 100 25 $30/$50 For events of over 75 people: Platinum Package $950 3Day 200 Gold Package Silver $750 2.5 Day 200 Bronze Package $450 1Day 200 Package $600 2Day 200 Full Facility Refundable Deposit (services included to be determined by staff policy) EXHIBITB Sample Contract see attached DOLORES COMMUNITY CENTER Cleaning Checklist When using the Community Center, we will provide some items inl limited quantities for your usage, butyour may want to bring more of the following depending on your event: ** Paper Towels ** Kitchen Towels /Dish Towels /Pot Holders "Cofte/Cups/Cream & Sugar Your responsibility upon conclusion of your event when renting the Community Center: Clean any dishes used Turn off all lights Secure the building byl locking all doors and windows Clean the facility, unless a cleaning package was purchased. Ifa cleaning package is purchased, to prevent any additional cleaning fees we recommend not leaving large amounts of trash scattered about and assigning someone to do an inspection of thef facility priori to vacating the premises. The cieaning package does Ifno cleaning package was purchased, below are the cleaning requirements necessary for ar return of any cleaning deposits. Itis important that ify you will not be present at thet time the event ends that a representative is there on your behalf to ensure that the Do not move any tables, chairs or equipment into or out of the storeroom until properly trained in the correct handling and storage techniques. Ary damage toi thei fioor or equipment by dragging/dropping items wifl be taken from your deposit. Depending on the not cover any dishes used, which must be cleaned and put back where they weret taken from. following Items are handled properly. event, upon conclusion your may be asked to leave tables and chairs in place. Cleaning Checklist: Tables and chairs must be wiped down Tables and chairs put backi into storage. Required?, Ves Anys spills /sticky areas need to be mopped up Any dishes must be washed and put back in the appropriate cupboards Kitchen counters must be sprayed and wiped down and sinks rinsed out Any appliances used must be cleaned properly Microwave wiped down both inside and out Fridge wiped down from any spills No Stove must be scrubbed, grill must be cleaned using the cleaning stones Bathrooms should be given a general cleaning, with a spray and wipe down of the counters, trash removed, and Cleaning of the outdoor and outer perimeter areas oft the center, if it was used by any guests. Check for any large spills or messes cleaned. cigarettes, trash, dishes, spills. Trash must be taken out to the dumpster. Cleaning supplies must be put back in the cupboard. Ihave read and understand the requirements for securing and cleaning of the facility. Ificannot be present during the cleaning and closing up process, will assign a person who will bei tasked to complete the checklist above as necessary. Signature of Responsible Party: Date: DOLORES COMMUNITY CENTER Internal checklist for deposit return (completed by Community Center Manager) Deposit Refund Checklist: Yes Yes Ves Yes Yes Yes Yes Yes No No No No No No No No Were dishes cleaned and put away? Was kitchen cleaned properly? Are floors clean of spills and sticky areas? Was bathroom cleaned properly? Was trash taken out? Were cleaning supplies put back? Were tables and chairs cleaned and put away if applicable? Was there any damage to the facilities or equipment? Ifso, please describe: Yes No Any other damage /cleaning concerns? Ifs so, please describe: Deposit Resolution: Deposit willl be returned int full. The facility was either not cleaned or there was damage as described above. The following charges will apply: Signature of DCCA Representative: Date: DOLORES COMMUNITY CENTER Application foru use Name of Organization or Individual: Address: Phone: Email address: Purpose of Event: Alternate Phone: Estimated Number of People: Will alcoholic beverages be served or sold?_ Ves Is the event being held as a benefit fora an individual? Yes Are you a Colorado registered Non-profit? Yes _No No No Ifyes, Non-profit Tax ID: Meeting space requested: Time requested: 20201 Fee Schedule: For events 75 people and under: Full Facility $60.00 $150.00 $300.00 $200.00 Ag $25/day $30 self setup $50 we setup South Room $40.00 $100.00 $200.00 $100.00 $25/day $30 self setup $50 we setup Meeting Room $20.00 $40.00 $80.00 $0.00 $25/day N/A Kitchen Only $25.00 $40.00 $60.00 $100.00 N/A N/A By thel hour Half-day Full day Deposit (refundable) LCD projector Stage For events over 75 people: Full Facility Rental Usage and setup of outdoor areas Event consuitation on setup, usage of equipment Fulll kitchen usage, including appliances and dishes Usage of LCD Projector & screens Usage of Microphone and Sound Systems Set-up & take down of tables & chairs Set-up and take down ofs stage Full clean up at end (except dishes) Deposit (refundable) Platinum Package Gold Package Silver Package Bronze Package $950.00 3D Day X X X X X X X X $200.00 $750.00 2 1/2D Day X X X X X X X $200.00 $600.00 2Day X X X X X X $200.00 $450.00 1Day X X X X X $200.00 DOLORESCOMMUNITY CENTER ContractAgreement lagree to the following conditions: A. All contracts for the use of the Dolores Community Center must be signed and fees paid 14 days prior to use. If the event is cancelled for any reason between 5 and 10 days priort to use, 25% of the monies shall be charged to cover the cost of handling, inconvenience, and the unavailability of thei facility to others before any refunds are made. Any cancellations between 1 and 4 days prior to use will be charged 50%, and any cancellations within 24 B. Ihereby understand will be responsible for the cleaning of the facility (uniess ii have chosen a package in which cleaning is included) and for damages as a result oft the activity and that a charge willl be taken from the deposit fee (ifr required) to cover additional cleanup and damage. Iflhave not paid a deposit, or the cost of cleaning or damages is more than the collected deposit, lunderstand that I will be! liable and will be made to pay for Alcoholic beverages may be served at private parties. If the pem'se eventi is open to the public, the user must have approval from the Dolores Community Center Board of Directors and must have an approved Colorado beverages are not allowed outside the building unless permitted by your State Liquor License. hours of event willl be charged 75%. additional cleaning and damages. 7 lw7 any Liquor License (obtained by application with the Town of Dolores). The License must be displayéd at the event. Alcoholic D. All events must end by midnight unless prior approval has been given by the Dolores Community Center Board of E. This use and fee: schedule is subject to revisions buti in no way will affect events already scheduled and Directors. No alcohol may be: served after midnight. understand and setup. paid for.I that if over 75 people are attending the event, I must choose a package deal that includes cleaning l,the undersigned, agree to save and hold harmless the Dolores Community Center Association andi the Board of Directors from any and all claims and demands arising out of the use oft the premises, and will defend cause action brought to enforce any such claims or demands against the Dolores Community Center Association any and Board of Directors. iusen I-ye ewl? Times confirmed: Number ofe expected guests: cayu Date confirmed: Room confirmed: Usage/Package Fees Equipment Fees Other Fees Subtotal Total Due Discount (only1 may be applicable): Non-profit, Benefit, Regular user (10 or more times annually) Damage/Cleaning Deposit (refundable) Contract is noti in effect until signed by the Dolores Community Center Association Representative and full received. payment Signature of Responsible Party Signature of DCCA Representative Printed Name Today's Date Today's Date Christopher Curry 310 Riverside Ave. Dolores CO, 81323 To whom it may concern, lam writing to express interest ini filling in as appointed trustee, until the time at which I may officially run for a standard term. lam a long time resident of Dolores and care deeply about the health and wellbeing of the placel Itruly call home. Ihave experience as a construction professional, planning and zoning commissioner, and a building inspectorl code officer. lalso have amazing relationships with a large quantity of people here in Dolores. lwant to use my strengths ini these areas to help Please feel free to reach out if there are any questions, concerns or additional steps lam enthusiastic about this opportunity toj join in building our community. facilitate positive growth in this gorgeous river community. needed regarding this matter. With Sincerity, Christopher Curry MichaelSawyer 207N.20"St. . Dolores,C081323 . 970-739-5824 . mis4M4@bresnen.net January17,2024 Town of Dolores Board of Trustees Regarding: Board of1 Trustees Vacancy To whom it may concern, lamy writing to express myi interest ini the vacant position as a Town Trusteei fort the Town of Dolores. With my many years of professional experience, including my most current rolea as thel Lal Plata County Engineering and Road & Bridge Inspector, am confident that mys skills make me an excellent candidate fort this position. My passioni fort the Town of Dolores, combined with my respect for our residents, make me eager to serve on this Town Board. Ihave been a resident within Dolores town! limits since April of 2006 and ame excited for this opportunity. Throughout my career, Ihave honedr my investigative skills and developed an ability tol balancei the needs of different stakeholders. As the Lal Plata County Engineering: and Roads & Bridge Inspector,! lam responsible for conducting horoughinvestgations, interpreting codes and regulations, ande ensuring compliance with applicable laws. This experience has preparedi me to be adept at navigating complex ands sensitive situations, responding to changes in Moreover, mye experience has helped me understand thei importance of consistent communication, bothy with colleagues andy witht the public. As a townt trustee, this willl be crucial in ensuring thata allp parties involvedi feel heard lalso understand the value of excellent customer service andi believe thati is essential for building trust andf fostering positive relationships. My commitment to customer service will aidi inrelationship building with residents, business In conclusion, lam confident that my experience and: skillset make me an ideal candidate fort the position of Town Trustee. lam eager to apply mys strengths in communication, critical thinking and customer servicei tot this role andt to contribute tot the continued success oft the Town of Dolores. Please consider me as your next Town Trustee. compliance requirements, andi mediating disputes between parties. and understood. owners and other stakeholders. Sincerely, Michael Sauyer 1/18/24, 10:04A AM Town of Dolores Mail- Board' Vacancy Gmail Tammy Neely tammy@townotdolores.com> Board Vacancy 2r messages Tammy Neely amnyebommocoorscom Tue, Jan 16, 2024 at 11:39 AM To:" MARIEROAN@YAHOOACOMFGMAREROAN@yahoo.com> Hil Marie: noon. Thank you! Tammy Neely Dolores Town Clerk 970-882-7720 ext 1002 420 Central Ave. Dolores Co 81323 MARIE ROAN maneroan@yanoocom Reply-To: MARIE ROAN maneroan@yahoo.om To: Tammy Neely amny@oamoocescome forgot tot tell you if you want to be considered for the Board vacancy email me al letter ofi interest by Thursday 12:00 Tue, Jan 16, 2024 at 7:54 PM Hi, Tammy, Thank you. Marie Roan 702-812-7596 Please accept this email as my letter of interest in being considered fori the Board vacancy. Avoid stupidity before seeking brilliance. [Quoted text hidden) ntps./mal.google.commalwork-4002Pb19avewepisearch-alapemathd-thmeadars2B6758281983738945simpl-msgar4141473337221503.. 1/1 To whom it may concern, lwould like to tell you a little bit about myself and why I would like to serve the town of Dolores. My name is Cindy Summers, formally known as Cindy Tate. My family has a long history in the town with my Grandfather serving as the town Sheriff, father born and raised here, and me growing up here and graduating Dolores High School in 1988, as class president.In moved in my early 20's to Alabama where I met my husband and had a family. My husband and It traveled around the southeast with his job. We decided 5 years ago that we wanted to get out of Corporate America and move back to the little town thatll love sO much. lwork at Southwest Memorial in the Surgical Center, helping others has always been my passion and I've been working in the medical field for the last 15 years. Ihave always promoted helping others to my boys, now they both work for the Montezuma County Sheriff's department serving and protecting our community. My husband and Te enjoy spending time together traveling, cooking, gardening, canning and spending time with family. Ihave decided to run for town board as a way to give back to the community, my friends and be a voice for the voiceless.There have been a number of changes to our little town while I was away, some good and bad. If feel this is my opportunity, not to sit around and complain about things that disagree with but be part of the solution. I want to help bring back pride, to the school, to our community and take part ini the future transformation of Dolores. Sincerely, Cindy Summers - / TOWN OF DOLORES RESOLUTION NO. R575 SERIES 2024 AI RESOLUTION OF THE TOWN OF DOLORES, COLORADO FILLING A VACANCY WHEREAS, the Town of Dolores, Coloradois a statutory town incorporated under thel laws of WHEREAS, Mayor Leigh Reeves has resigned her position effectivel December 28, 2023 WHEREAS, thel Board of Trustees have the authority pursuant to CRS 31-4-303 and Section 2.04.020 of the Dolores Municipal Code to fill a vacancy on the Board of Trustees within 60 WHEREAS, on. January 8, 2024, the Board of Trustees adopted a resolution approving a procedure for filing this vacancy which was advertised to the public; and, WHEREAS the Board of Trustees have nowi interviewed and reviewed the applications of qualified applicants to fill the position and wish to appoint one qualified person to fill that NOW, THEREFORE, BE: IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN Section 1. The Town Trustees interviewed applicants to fill the vacancy on the Board of Trustees ati its regular meeting on January 22nd, 2024, and agreed on aj procedure to fill the vacancy. ON THE TOWN OF DOLORES BOARD OF TRUSTEES the state of Colorado; days; vacancy. OF DOLORES: Section 2. From the current Board ofTrustees appointed to the position ofTrustee. isl hereby Section 2. has applied to be appointed as Trustee for the' Town ofDolores, meets the necessary qualifications set forth in CRS $31-4-301 to serve as Trustee, and having been selected by the Board of Trustees through an agreed upon procedure, is hereby appointed to fill the vacancy left on the Board of Trustees created by the resignation ofl Mayor Section 3. Pursuant to CRS $ 31-4-303, the appointment of said person shall take effect immediately and shall hold the office of Trustee until the next regular election (April 2nd, 2024) and until such person'ss successor is elected and has complied with CRS $31-4-401. Leigh Reeves. Introduced and passed this 22nd day of January 2024. THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES: By: Attest: Mayor Town Clerk ORDINANCE NO 569 SERIES 2024 AN ORDINANCE AMENDING TITLE 12 OF THE DOLORES MUNICIPAL CODE TO REGULATE THE DOLORES COMMUNITY CENTER PROPERTY WHEREAS, Colorado Revised Statutes, $ 31-15-401 grants general police powers to the Board of Trustees to promulgate ordinançes for the health, safety, and welfare of the public, including regulation oflands owned by the Town within its corporate boundaries. WHEREAS, the Town of Dolores intends to acquire ownership of the Dolores Community WHEREAS, there is a need to amend the Town's ordinances pertaining to use of public WHEREAS, thel Board of Trustees, in order to promote thel health, safety, and welfare oft the public and regulate the use ofthel Dolores Community Center consistent with these purposes, wishes to adopt an ordinance regulating the public use of thel Dolores Community Cender. Center located at 400 Riverside ini the Town of Dolores. property to operate the community center to benefit the citizens oft the Town ofDolores. WHEREAS, Section 12.06 ofTitle 12 oft the Dolores Municipal Code governs the use oft the town's s public property and places. NOW THEREFORE, BE: IT ORDAINED BY TOWN OF DOLORES BOARD OF TRUSTEES THAT Title 12 of the Dolores Municipal Code is amended as follows: Section1. Section 12.06.010 (Definitions) of Title 12 of the Dolores Municipal Code is (4)Dolores Community Center means the building and facilities locatedat 400 Riverside in Dolores. The term "recreation area" in this Chapter does not include the Dolores Community Center. Section 2. Sections 12.06.090, 12.06.100 and 12.06.110 are added to Title 12 of the Dolores amended to include the following definition: Municipal Code as follows: Section 12.06.090. Dolores Community Center The Dolores Community Center isi intended: to be apublic. spacej for the use and benefitofthe citizens ofthe TownofDolores. and greater commnity subject to the provision ofthis Chapter. The Dolores Community Center may be reserved and used by individuals, groups, and organizations for meetings, public or private events, ando other lawful purposes byreservation and permit to be issued by the Town Clerk, deputy clerk or TownManager. Section 12.06.100. Fees and Conditions ofUse. The. Board of Trustees may, from time to time adopt and amend Resolutions setting forth fees and conditions for the use of the Dolores Community Center. Consistent with this Chapter and applicable Resolutions adopted by the Board of Trustees, the Town Manager may adopt policies governing the use of the Dolores Community Center and may require that permit holders execute a contract and release ofliabilitywith the Towno ofDolores as a condition ofuse. Uses where alcohol is to be. served shall require a. special use permit as, provided by applicable ordinance and. statute. Commercial uses ofthe Dolores Community Center shall complywith the requirements of5.04.040. The Town Manager, Town Marshal and Building Official shall have the authorify to cancel any reservation and close the Dolores Community Center to the public in the event of an emergency including but not limited toj flood, fire, or other threat toj public safety. Section 12.06.110 Violations. Itshall be unlawfulj for anyi person toj possess or consume marijuana within the Dolores Community Center. It shall be unlawfulford anyperson to use or consume alcohol within the Dolores Community Center except at an event where alcohol is otherwise permitted to be served under applicable ordnances and statutes. It shall be unlawfulfor any person to use the Dolores Community Center in amanner that violates the provisions ofthis Chapter or applicable Resolutions. adopted by the. Board ofTrustees. A violation of this. section shall be punished as setj forth in section 1.12.010. Section 3. The Town Trustees hereby finds, determine, and declare that this Ordinance is promulgated under the general police power of the Town of] Dolores, that it is promulgated for the health, safety, and welfare oft the public, and that this Ordinance isi necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Trustees further determine that the ordinance bears a rational relation to the proper legislative object sought to be Section 4. If any section, paragraph, clause, or provision of this Ordinance shall for any reason be held tol bei invalid or unenforceable, the invalidity or unenforceability ofany such section, paragraph, clause, or provision shall not affect any of the remaining provisions ofthis Ordinance. Section 5. This Ordinance shall take ettectimmediately upon adoption. The Town ofI Dolores Board of Trustees hereby finds, determines, and declares this ordinance is necessary for immediate PUBLIC HEARING. This ordinance shall be considered for second or final reading on the 22nd day of. January 2024, ini the Town Board Chambers in Town Hall, Dolores, Colorado, at which time and attained. preservation of the health, safety, and welfare of its citizens. place all persons may appear and be heard concerning the same. Passed adopted and approved on the first reading this gth day of January 2024. DOLORES BOARD OF TRUSTEES: By: Mayor Pro Tem Chris Holkestad Attest: By: Town Clerk Tammy Neely Passed adopted and approved on the second and final reading this 22nd day of January 2024. DOLORES BOARD OF TRUSTEES: By: Mayor Pro Tem Chris Holkestad Attest: By: Town Clerk Tammy Neely TOWN OFI DOLORES RESOLUTION NO. R574 SERIES 2024 ARESOLUTION. AUTHORIZING THE CLOSING OF THE PURCHASE OF4 400R RIVERSIDE, DOLORES, WHEREAS, the Town of Dolores, Colorado is a statutory towni incorporated under the laws oft the state WHEREAS the Board of Trustees is authorized pursuant to Colorado law to enter into agreements in order to acquire real property and land as may be necessary, or suitable for the publici interest. WHEREAS the Town of Dolores intends to close the purchase oft the Dolores Community Center at 400 Riverside in Dolores, Colorado on February 8, 2024, from the Dolores Community Center Association. WHEREAS thel Board of Trustees adopt this resolution to designate officers on behalf of the Town of NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES: as follows: 1. The Board of Trustees approves and authorizes the Town of Dolores closing the contract to 2. The Board of Trustees appropriate and/or allocates thet funds necessary to pay the closing costs and other costs of due diligence associated with this purchase in an amount not to exceed $5,000 from the general fund and authorizes the expenditure of the same. 3. The Board of Trustees appropriate and/or allocates thei funds necessary to payt the cost of purchase, closing costs, title insurance, and other costs of closing and prorations, from the 4. The Town Manager Paul Ruud and Mayor Pro Tem Chris Holkestad, or either of them, are authorized to execute any and all documents necessary to close the contract to purchase to the subject property at 400 Riverside on behalf of the Town of Dolores, Dolores Colorado on INTRODUCED, READ, AND PASSED, AS Al RESOLUTION. ATTHE SPECIAL MEETING OF THE BOARD OF TRUSTEES OF THE TOWN OFI DOLORES HELD ON. JANUARY 22, 2024, AT WHICH A QUORUM' WAS COLORADO of Colorado; Dolores to execute closing documents to finalize the purchase. purchase the property located at 400 Riverside in Dolores, Colorado. general fund and authorizes the expenditure of the same. February 8, 2024 or such other date to whichi it may be extended. PRESENT. THE BOARD OF TRUSTEES OFTHE TOWN OF DOLORES: By: Attest: Mayor Pro Tem Chris Holkestad Town Clerk Tammy Neely Town ofDolores Resolution No R576 SERIES 2024 Al RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT OF PARTICIPATING LOCAL GOVERNMENTS AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDED AGREEMENT ON BEHALF OF THE TOWN WHEREAS local governments in Montezuma County, Colorado face a myriad of possible natural and manmade disaster and emergencies, including but not limited to the threat ofwildland fire and flood. WHEREAS such disasters hold the potential to overwhelm the resources of any single local government and the citizens of the Town of] Dolores arel better served by cooperating with Montezuma County and surrounding municipalities to ensure that local governments are able to come to one another's aid under a predetermined policy and agreement. WHEREAS, the Town of Dolores, Colorado is a statutory town incorporated under the WHEREAS, the Board of Trustees is empowered by law to enter into contracts and agreements with other pollical subdivisions and pursuant to Colorado Revised Statutes, $ 31-15-401 exercise general police powers to the Board ofTrustees to promulgate ordinances for thel health, laws oft the state of Colorado. safety, and welfare oft the public. WHEREAS, the Board ofTrustees determines that it is ini the best interests of thel health, safety and welfare oft the inhabitants oft the Town to exercise its express statutory authority to enter into the Agreement the Omnibus Mutual Aid. Agreement attached hereto andi incorporated herein as Exhibit A to enable Montezuma County, Dolores, Manços, and Cortez toj provide emergency assistançe to one another during times of emergency or the occurrence of a disaster NOW, THEREFORE, BEI ITI RESOLVED by the Board ofTrustees of the Town of Dolores: 1. The' Town of Dolores elects to enter into the to enable the County, Dolores, Mancos, and Cortez toj provide emergency assistance to one another during times of emergency or the occurrence ofa disaster attached hereto as. Exhibit A as aj participating municipality and to be bound by its terms. 2. Thel Board ofTrustees designate and authorize the mayor or mayor pro tem ofthe Town of Dolores, to execute the Agreement on the Town' 's behalf. Passed, adopted, and approved this 22nd Day of. January 2024. THE: BOARD OF TRUSTEES OF THE TOWN OF DOLORES: By: Mayor Pro-Tem Chris Holkestad Attest: Town Clerk Tammy Neely OMNIBUS MUTUAL AID AGREEMENT THIS OMNIBUSMUTUALAIDAGREMENTI: madeand entered intoby and between Montezuma County, Colorado, a political subdivision of the State of Colorado (the "County"), Town of Dolores, Colorado, a Colorado statutory municipality ("Dolores"), Town of Mancos, a Colorado statutory municipality ("Mancos"), and City of Cortez, Colorado, a Colorado home rule municipality ("Cortez"), to enable the County, Dolores, Mancos, and Cortez toj provide emergency assistance to one another during times of emergency or the occurrence ofa adisaster. IR RECITALS A. The County, Dolores, Mancos, and Cortez (each a Participating Entity" or collectively the "Participating Entities"), having affixed their respective authorized signatures hereto, have expressed ai mutual interest in the establishment of an Omnibus Mutual Aid Agreement to facilitate and encourage cooperation and assistance amongst themselves in the event of a Local Emergency or Disaster, as defined herein; and Agreements to provide functions or services, including the sharing of costs of such services or functions, by political subdivisions of the State of Colorado and federally recognized Tribal Nations are specifically authorized by C.R.S. $ 29-1-203 C. TheParticipating Entities and/or the constituents they serve: facet threats to public safety from (i) natural disasters including, but not limited to floods, fires, windstorms, and snowstorms; (ii) possible terrorist actions and weapons ofi mass destruction, bei they conventional, chemical, biological or nuclear; and (iii) hazardous materials releases, D. The Participating Entities recognize that the resources of a Participating Entity might be strained or overwhelmed if forced to confront the realization of such threats in isolation and that additional resources, personnel, and equipment, beyond those available to any single Participating Entity might be needed. Therefore, such threats to public safety can be best met and mitigated where an orderly plan for assistance has B. and other sections ofthe Colorado Revised Statutes; and civil disturbances orl hostilei military or paramilitary actions; and I been developed prior rtoa a sudden and immediate need; and E. The Participating Entities seek to have a mutual aid agreement that ensures eligibility of costs under the Emergency Management Assistance Compact and consistent with FEMA Disaster Assistance Policy DAP9523.6; and F. The Participating Entities have determined that it is in their respective best interest and the best interest of their constituents to create a plan to foster communications and the sharingofresources, personnel and equipment in the event of such calamities. Page 1 of9 NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the Participating Entities asi follows: Section 1, Definitions. Agreement. Means this Omnibus Mutual Aid Agreement. Assistance Costs. Means any expenses that extend beyond the first four (4) hours (usual and customary costs) incurred by the Assisting Party in providing any asset requested. Unless agreed to otherwise by the Requesting Party and the. Assisting Party, after four (4) hours, the Requesting Party shall be responsible for all costs associated with the borrowed asset(s). For this Agreement, the computation of time begins when the Assisting Party(ies). Means the Participating Entity furnishing equipment, services Authorized Representative. Means the County Manager for the County, the Town Manager for Dolores, the Town Administrator for Mancos, and the City Manager for Cortez, and the chief executive of any subsequent entity that becomes a Participating Entity pursuant to the Agreement, or1 their respective designees authorized in writing to request, offer or provide assistance under the terms ofthis Agreement. The list oftitles of authorized representatives for the Participating Entities executing this Agreement shall be attached hereto as Exhibit A and shall be updated as needed by each Participating Entity by means of a written notification to the Emergency Manager, Montezuma County Office of Emergency Management, 109 West Main, Suite 115, Disaster or Local Emergency. Means any occurrence or imminent threat of widespread or severe damage, injury, or loss of1 life or property resulting from any natural cause or cause of human origin, including but not limited to fire, flood, earthquake, wind, storm, wave action, hazardous substance incident, oil spill or other water contamination requiring emergency action to avert danger or damage, volcanic activity, epidemic, air pollution, blight, drought, infestation, explosion, civil disturbance, hostile military or paramilitary action, or a condition of riot, insurrection, or invasion existing in the jurisdictional boundaries of any of the Participating Entities, or in the jurisdictional boundaries of any subsequent Participating Entity, amdayolherfommofocerenccortiveatset forthin CRS.924-33.5-703, as the same: may be amended from time to time, or an emergency or major disasterasdefined Participating Entity(ies). Any county, municipality, township or other political subdivisions of the State ofColorado or federally recognized Tribal Nation ori interlocal public agency of the State of Colorado, or political subdivision thereof, who is or may hereafter become a party to this Agreement by executing a copy of this Agreement and Assisting Party agrees to provide resources by mobilizing the same. and/or personnel to the Requesting Party under this Agreement. Cortez, CO 81321. in4 44C.F.R. $206.2(a)(9) and (17), respectively. Page 2 of9 providing a copy with original signatures and the authorizing resolutions to every other Requesting Party(ies). The Participating Entity requesting aid in the event of a Disaster Participating Entity. or Local Emergency. Section 4. Procedures. A. Request for Aid. When a Participating Entity becomes affected by a Disaster or Local Emergency or requires assistance in preventing, mitigating or recovering from incidents, Local Emergencies or Disasters, an authorized representative may invoke emergency-related mutual aid assistance under this Agreement by orally communicating a request for mutual aid assistance to an Assisting Party, followed as soon as practicable or within thirty (30) days written confirmation ofs said: request. Al Participating Entity shall not request mutual aid unless the Requesting Party deems resources available within the jurisdiction oftheParticipatingEntiyDleinadequte. B. Assessment of Availability of Resources and Rendering of Assistance. When contacted by a Requesting Party with a request for mutual aid assistance, a Participating Entity shall assess its situation to determine available personnel, equipment and other resourcesthat: mightbeavailablefor purposes of rendering aid or assistance. Al Participating Entity shall be excused from making its resources available or continuing to make its resources available to the Requesting Party ifaneedi for ther resources exists or arises within theterritorial area or jurisdiction of the Participating Entity or any other jurisdiction. Such decision of availability shall bei made by the Participating Entity, and such decision shall be conclusive and in the sole discretion of the Participating Entity. The Participating Entities recognize that time is critical during an emergency and diligent efforts shall be made to respond to a request for mutual aid assistançe as rapidly as possible, including any notification that the requested assistance is not available. C. Supervision and Control. The personnel, equipment and resources of any Assisting Partys shall beandremainunder. operational control oftheRequesting Party, but the Participating Parties adopt and agree to utilize a local incident management system incorporating the functions, principles and components ofthel Incident Command System. Direct supervision and control ofsaid personnel, equipment and resources shall remain with the designated supervisory personnel of the Assisting Party. Representatives: oft the Requesting Party shall assign, through the unified command system, operational work tasks to the supervisory personnel of the Assisting Party for performance by the Assisting Party's personnel, equipment andi resources. Thec designated supervisory personnel ofthe Assisting Party shall have thei initial responsibility and authority for assigning work and establishing work schedules for the personnel of the Assisting Party, subject to consultation with the Requesting Party. The Assisting Party's personnel and other resources shall remain subject to recall by the. Assisting Party at any time. The Requesting Party shall, ati its own. expense, provide consumable supplies needed to operate equipment unless mutually agreed upon otherwise by the Requesting Party and the. Assisting Party. Participating Parties shall ensure that Equipment is used only by properly trained and supervised operators. All Equipment is provided "asis," with noi representations or warranties as toitsi fitness for particular purpose. Page 3 of9 Section3 3. Personnel. A. Qualifications. Assisting Parties shall ensure that loaned personnel have the ability, skill and certification necessary to perform the work required and shall disclose the qualification(s) and training level of personnel identified to provide assistance to B. Rights and Privileges. Whenever the employees of a Participating Entity are rendering aid outside the area of their normal jurisdiction as an. Assisting Party pursuant tothis Agreement, such employees shall have the powers, duties, rights, privileges and immunities of and receive the compensation incidental to their employment by the Participating Entity regardless of where serving. For employees that are police officers or deputy sheriffs, workers compensation coverage shall be as structured in C.R.S. $ 29-5-109, ifthe request meets the requirements of C.R.S. $2 29-5-103-108. In all other situations, each Participating Entity shall maintain workers compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant toi this Agreement. Each Participating Entity waives thei right tos sue any other Participating Entity for any workers compensation benefits paid to its own employees, volunteers or their dependents, even if the injuries were caused wholly or partially by the negligence ofany other Participating Entity or its officers, employees or C. Independent Contractor. Employees ofan Assisting Party shall, at alltimes while providing assistance, continue to be employees of the Assisting Party and shall not be deemed employees of a Requesting Party for any purposes. Wages, hours and other terms and conditions of employment ofthe Assisting Party shall remain applicable to all of its employees who provide assistance. An Assisting Party shall be solely responsible for payment ofi its employees' wages, any required payroll taxes and any benefits or other compensation. The costs associated with borrowed personnel are the Requesting Parties. volunteers. subject to the reimbursement process outlined in Section6. Section 4. Equipment. ARequesting Party shall takeproper precaution ini its operation, storagea and maintenance of an Assisting Party's equipment. An Assisting Party's costs related to the transportation, handling and loading/unloading of equipment shall be borne by the Requesting Party unless mutually agreed upon otherwise. The Assisting Party shall provide copies ofinvoices for such charges where provided by outside sources and shall provide hourly accounting of charges for the Assisting Party's employees who perform such services. Section 5. Record Keeping. Time sheets and/or daily logs showing hours worked and equipment and materials used Pagc 4 of9 or provided by an Assisting Party shall be recorded on a shift-by-shift basis by the Assisting Party and/or the loaned employee(s) and shall be provided to the Requesting Party as needed. Ifno personnel are loaned, the Assisting Party shall provide shipping records for materials and equipment and thel Requesting Party shall be responsible for any required documentation of use of material and equipment for state or federal reimbursement. Under all circumstances, the Requesting Party remains responsible for ensuring that the amount and quality of all documentation is adequate to enable reimbursement. However, each Assisting Party agrees to exerciseits best efforttoensure that it provides the documentation necessary for the Requesting Party to obtain reimbursement under federal law and FEMA's Disaster Assistance Policy, ifapplicable. Section 6. Payment for Services and Assistance. When ai request for assistance is made, the Requesting Party and the Assisting Party will determine ifreimbursement for services or assets will be requested. Payment terms and conditions will bei negotiated and agreed on at the time ofthe initial request, but ifr more time is necessary, any payment terms must be agreed upon within thirty (30) days of the request. In many cases, the Requesting Party and the. Assisting Party will agree no When the amount of reimbursement has been negotiated and agreed upon, the Requesting Party shall pay the Assisting Party for all valid and invoiced Assistance Costs within sixty (60) days of receipt of the Assisting Party's invoice. If such timing presents a hardship, the Requesting Party can make a request to the. Assisting Party to reimbursement is necessary. revise the payment timeframe. Section 7. A. Liability. Requesting Party Obligations to Mitigate Expense. Pursuant to Article XI, Section 1, and Article X, Section 20(4), of the Colorado Constitution, the Participating Entities, and other local and state governmental entities in Colorado, are prohibited from indemnifying other persons or entities. The Participating Parties acknowledge that to the fullest extent permitted by applicablel law, when a Requesting Party requests mutual aid assistance pursuant to this Agreement, the Requesting Party shall take all actions necessary to ensure that the Assisting Party, and its elected officials, employees and agents, do not suffer expenses or costs of any kind arising directly or indirectly from, on account of, or in connection with providing assistance to the Requesting Party, whether arising before, during or after performance of the assistance and whether suffered by any oft the Participating Entities or any other person or entity. B. Activities in Bad. Faith or Beyond Scope. No Requesting Entity shall bei required under this Agreement to mitigate the expenses and costs of an Assisting Party that arise directly or indirectly from, on account of, or in connection with activities of the Assisting Party'selected officials, employees or agents actingin! bad faith orperforming activities beyond the scope of their training or duties, while providing mutual aid Page 5of9 assistance pursuant to this Agreement. C. Governmental, Immunity. Notwithstandingany. other provision ofthis Agreement, no term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions of the Colorado Governmental Immunity Act, C.R.S. $ 24-10-101, et seg., as now existing or hereafter amended (the "CGIA"). The parties understand and agree that liability for claims or injuries to persons or property arising out ofi negligence ofa Participating Entity afforded protections by the CGIA, its departments, agencies, boards, officials or employees is controlled and limited by the provisions oft the CGIA, as now existing or hereafter amended. Section 8. Participation. A. VoluntaryNature. Participation: inthis Agreement is voluntary. Execution ofthis Agreement therefore is not legally binding on a Participating Entity until such Participating Entity agrees to become a Requesting Party or an Assisting Party in accordance with its terms. Once this Agreement is executed, Participating Entities are obliged to disclose the qualification(s) and training level of personnel identified to provide assistance. NoP Participating Entity halbeliabletoanother Participating Entity, or be considered to be in breach of or default under this Agreement on account of any delay in or failure to perform any obligation under this Agreement, except to make B. Role of Authorized Representative. The Authorized Representative of each payment if applicable. Participating Entity shall: Participate in any meetings convened on the implementation of this Obtain and communicate to relevant departments of their entity the Agreement; ii. discussion items and decisions of the meeting as they bear on interoperability among iii. Maintain a copy oft this Agreement (including amendments) and al list of iv. Ensure that thel Emergency Manager in the Montezuma County Office of Emergency Management has current emergency contacti information fortheirrespective Emergency Management in writing upon their entity's termination of participation in Participating Entities; the Participating Entities; entity; V. this Agreement. Section 9. Notify the Emergency Manager in the Montezuma County Office of Other Laws. In the event that an emergency or Disaster impacts a large geographical area that activates either Federal or State emergency laws or is an event that is specifically otherwise addressed by applicable law such as C.R.S. $29- 22-101, etseq., relating to hazardous substance incidents, this Agreement shall remain Page 60 of9 in effect until or unless this Agreement conflicts with such Federal and Statelaws, ori is otherwise terminated as provided herein. Section 10. Approval. The approval of this Agreement and the subsequent rendering ofmutual aid pursuant to this Agreement by any Assisting Party beyond the political boundary of the Assisting Party is hereby deemed to be approved by the respective executive and legislative governing bodies of the Assisting Party, and such response shall not require: efurther approval by responsible officials ofany jurisdiction. become Participating Parties to this Agreement by approval of their governing bodies and without further consent of those already signatories to this Agreement. However, the joinder of non-governmental entities to this Agreement shall require the consent and Section 11. Additional Parties. Additional governmental jurisdictions may signature of each Participating Party to this Agreement. Section 12. Term. This Agreement shall remain in effect, without an annual renewal requirement, subject to the annual appropriation requirements of Article X, Section 20 of the Colorado Constitution, and C.R.S. $ 29-1-110, unless terminated by thirty (30) days' advance written notice by a Participating Entity in its sole discretion. Notice by a. Participating Entity of termination shall only terminate this Agreement as to that Participating Entity; this Agreement shall remain in full force and effect as to all other Participating Entities. Notice of such termination shall be made: in writing and shall be served personally or by registered mail upon all other Participating Entities. its execution by the last signatory of the initial Participating Entities, and shall be become effective as to each successive signatory upon the execution by that Participating Entity, with no action being required of the current signatories. Section 13. Effective Date. This Agreement shall bei in full force and effect upon Section 14. Amendments and Assignment. Amendments to this Agreement may be made only upon unanimous consent by all current Participating Entitles. This Agreement shall be binding upon the successors and assigns of each Participating Entity, except that no. jurisdiction may assign any ofi its rights or obligations hereunder without the prior written consent oftwo thirds oftheother Participating Entities. Section 15. Severability, Effect on Other Agreements. Should any portion, section or subsection of this Agreement be held to be invalid by a court of competent jurisdiction that fact shall not affect or invalidate any other portion, section or subsection; and the remaining portions oft this Agreement shall remain ini full: force and effect without regard to the section, portion, subsection or power invalidated. This Agreement is not intended to be exclusive among the Participating Entities. Any Participating Entity may enterinto separate assistance agreements with any other entity. No such separate agreement shall terminate any responsibility under this Agreement. Page 7 of9 Section 16. Counterparts. This Agreement may be executed in counterparts by each Participating Entity on a separate signature page. Copies of signature pages shall be provided by each signatory to each prior Participating Entity, and such copies shall have the full force and effect as ift they wereoriginals. Section 17. No Partnership. This Agreement shall not bei interpreted or construed to create an association, joint venture or partnership among the Participating Entities or toi impose any partnership obligation or liability upon any Participating Entity. Further, no. Participating Entity shall have any authority to act on behalf of or as an agent for or to otherwise bind any other Participating Entity. Section 18. No Third-Party Beneliciaries. Nothing in this Agreement shall be construed to create. any rights in or duties to anyt third-party, nor any liability or standard of care with reference to any third-party. This Agreement shall not confer any right, or remedy upon any person other than theParticipating Entities. MONTEZUMA COUNTY CITY OF CORTEZ CITY COUNCIL BOARD OF COUNTY COMMISSIONERS By: Jim Candelaria, Chairman By: Rachel B. Medina, Mayor Date: ATTEST: Date: ATTEST: Kim Percell, Clerk & Recorder Linda L. Smith, City Clerk TOWN OF DOLORES TOWN BOARD TOWN OF MANCOS BOARD OF TRUSTEES By: Chris Holkestad, Mayor Pro Tem By: Ellen Barz, Mayor Date: Date: Page 8 of9 ATTEST: ATTEST: Tammy Neely, Town Clerk Jamie Higgins, Town Clerk Page 9 of9