PROWERS COUNTY, COLORADO  BOARD OF COMMISSIONERS MEETING AGENDA  JANUARY 10, 2023 MEETING LOCATION: COMMISSIONERS BOARD ROOM  2nd FLOOR OF COURTHOUSE, 301S S. MAIN STREET, LAMAR, CO 81052  8:00a.m.  Mark Dorenkamp, Road & Bridge Supervisor Road & Bridge Update Hickory House  WORK SESSION  9:00a.m.  Judy' Wittman, Treasurer  Treasurer's Monthly Report- December 2022 2022 4th Quarter Public Trustee Report 2022 Year End Public Trustee Report of Fees Earned 2023 Resolution Authorizing Treasurer to Invest Public Funds County VSO Monthly Report and Certification of Pay Thomas Dunagan, Prowers County Coroner (New)  9:15 a.m. 9:30 a.m. 10:00a.m.  Gary Harbert, Veterans' Service Officer  Discussion of OPC Update Call Meeting to Order Roll Call Pledge of Allegiance Invocation  Pete Hernandez, Director of CRMC and Interim Program Manager  11:00a.m.    CONSENT AGENDA ACTION ITEMS:  Consider. Approval of Adoption of Agenda  Consider Approval of Payment of 2022 Bills Presented and Approval of Voiding Checks  Consider Approval of December 15, 2022 Meeting Minutes  Public Appearances  Anyone wishing to address the BOCC may do sO at the discretion of the  Board and subject to at three-minute limitation.  2022  OLD BUSINESS ACTION ITEMS:  1. Consider ratifying 12-15-2022 Verbal Poll approval of a Letter sent to City of 2. Consider approval of County Veterans Service Officer's Monthly Report and 3. Considerr ratifying 12-15-2022 Verbal Poll approval of Colorado Department of Transportation (CDOT) Prowers County Signature Sheet Certifying total mileage 4. Consider approval of ratifying 12-19-2022 Email Poll approval for Payment of 5. Consider ratifying 12-21-22 Email Poll approval for Disbursing Additional American Rescue Plan Act (ARPA) Funds that have not been allocated for 2022 and 2023 to the Ministerial Alliancei in the amount of $5,000 in 2022 and $5,000 6. Consider ratifying 12-27-2022 Email Poll approval for Payment of Bills and Payroll Presented in the Amount of $1,147,689.22 and approval of DHS Bills and Payroll Presented for 12-22-2022 in the amount of $218,904.98 and 12-28-2022 in the  Lamar regarding Community Resource Center. Certification of Pay - December 2022.  aso of December 31, 2022.  Bills and Payroll Presented ini the Amount of$ 157,539.00.  in 2023.  amount of $332,416.60.  RECESS  1:00 p.m.  Swearing-In of Newly Elected Officials Reception to follow  2    RECONVENE  2:00 p.m.  County Reorganization  Appointment of Department Supervisors Review 2023 Bills Presented and Approve for Payment  2:10p.m.  Rose Pugliese, ESQ  County Attorney Update Prowers County, Colorado  Review of Ordinance Restricting Open Fires, Open Burning and Fireworks ini the Unincorporated Areas of  2023  NEW BUSINESS ACTION ITEMS: and DHS Funds which include H3C.  1. Consider approval of Payment of 2023 Bills Presented and Approve Voiding Checks 2. Consider approval of 2023 Resolution Authorizing Treasurer to Invest Public Funds. 3. Consider approval of 2023 Order for Authorized Persons and Authorized Signature 4. Consider approval of 2023 IRS Mileage Reimbursement Rates for Travel Related to County Business for County Employees at 65.5 cents per mile and the Reimbursement Rate for Travel Related to Medical Care for County Employee Flex 5. Consider approval of CDHS Certification of Compliance - Year 2023 County Personnel and Merit System, Authorizing Lanie Meyers-Mireles, Director of Human 6. Consider approval of 2023 Prowers County Government Organization Chart. 7. Consider approval of Independent Contractor Agreement between the Board of County Commissioners of Prowers County and Scranton Specht and Associates, P.C. for Legal Services related to Matters involving Prowers County's 1041 Regulations 8. Consider approval of Independent Contractor Agreement between the Board of County Commissioners of Prowers County and Rose F Pugliese, LLC for Legal Services related to matters involving Prowers County's 1041 Regulations for a Term of  on Checking Account.  Savings Accounts at. .22 cents per mile.  Services to Execute the Document.  for a Term of. January 1, 2023 through December 31, 2023.  January 1, 2023 through December 31, 2023.  3    9. Consider approval of Audit Engagement Letter for Prowers County Department of Human Services with Blair and Associates, P.C., for the Year Ending December 31, 10. Consider approval of Adopting an Ordinance Restricting Open Fires, Open Burning and Fireworks ini the Unincorporated Areas of Prowers County, Colorado. 11. Consider approval of Adopting an Amendment to Section 603 oft the Prowers County 12. Consider approval of Electrical Lines Crossing Easement Agreement between Prowers County Board of Commissioners and Twin Buttes Wind II LLC Effective 13. Consider Setting a Public Hearing on February 21, 2023 to Consider approval of Amendments to the Guidelines and Regulations for Areas and Activities of State 14. Consider approval of Prowers County Department of Human Services Credit Card Authorization Request for Human Resources Manager. Amanda Morales in the amount of $1,000.00 and Discontinuing Credit Card Authorization for Former Human 15. Consider approval of a Credit Card Authorization Request for Elizabeth Hainer as Deputy County Clerk & Recorder in the amount of $1,000.00 and Discontinuing Credit Card Authorization for Former Deputy County Clerk Beatrice Romero. 16. Consider approval of a Resolution to Transfer 2022 Revenue between Sales Tax Fund 17. Consider approval of Purchase of Services Contract between the Board of County Commissioners of Prowers County and Mirage Technologies for IT Services fora 18. Consider approval of an Agreement between Prowers County and Baca County Public Health Agency for Provisions of Services by Prowers County Public Health and Environment, Effective January 1, 2023 through December 31, 2023 ini the amount 19. Consider approval of an Agreement between Prowers County and Kiowa County Public Health Agency for Provisions of Services by Prowers County Public Health and Environment, Effective January 1, 2023 through December 31, 2023 in the amount  2023, in the amount of $6,700.  Personnel Handbook.  December 20, 2022.  Interest of Prowers County in Relation to 1041 Regulations.  Resources Manager Celia Tamayo.  to County General Fund in the amount of $500,000.00.  term of January 1, 2023 through December 31, 2023.  of$5,871.00.  of$1,676.00.  4    NOTE: This Agenda is provided fori informational purposes only. Action may be taken on any or all of the items. All times are approximate. If any given item is finished earlier than anticipated, the Commissioners may move on to the next item. The only exceptions are public hearings on items which have had published notices ofaspecific hearing time; those items will Ify you need assistance in participating in this meeting due to a disability as defined under the Americans with Disabilities Act, please call 719-336-8030 at least three days prior to the  not begin until the specific time or after.  scheduled. meeting to request an accommodation.  5    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested:  1-10-2023 - Old Business for 2022  Submitter:  BOCC  Submitted to the County Administration Office on: 12-15-2022  Return Originals to:  Mark westnot/Alminstrator  Number of originals to return to Submitter:  1  Contract Due Date:  Item Itle/Recommended Board Action: regarding Community Resource Center. Justification or Background:  Consider ratifying 12-15-2022 Verbal Poll approval of a Letter sent to City of Lamar  Confirm mutual understanding that Prowers County will no longer utilize the Fiscal Impact: This item isl budgeted in the following account code:  Community Resource Center effective 12-31, 2022.  County:  Federal: $  State: $_  Other: $_  Approved by the County Attorney on: Additional Approvals (if required):  PLEASE ATTACH THIS SHEET TO ALL AGENDA: ITEMS WHEN SUBMITTING TO  COUNTY ADMINISTRATION.  THANK YOU!    Board of County Commissioners  Prowers County 301 South Main, Suite 215 Lamar, Colorado 81052-2857 (719)336-8025 FAX: (719)336-2255  THOMAS GRASMICK, GRANADA FIRST DISTRICT RON S. COOK, LAMAR SECOND DISTRICT WENDY BUXTON-ANDRADE, LAMAR THIRD DISTRICT December 15, 2022 Via Hand-Delivery City ofLamar 102 East Parmenter Street Lamar, Colorado 81052 Re: Community Resource Center Dear Mayor and Council Members:  JANA COEN CLERK" TO THE BOARD ROSEF. PUGLIESE ESQ. COUNTY ATTORNEY  This Letter will confirm our mutual understanding that Prowers County will no longer be utilizing the Community Resource Center to provide County services and that we have terminated the Cost Sharing Agreement, executed on October 23, 2000, as subsequently amended, effective as ofDecember 31, 2022. Prowers County shall pay one-half of the charges for utilities, liability insurance and maintenance costs through June 30, 2023, with the remainder of the grant funds under Title III; provided the City of Lamar Prowers County will provide Darren Glover to assist Lamar with applying for grants for the CRC. Lamar Per the Cost Sharing Agreement, fifty percent (50%) of the Reserve Account will be returned to Prowers  provides utility bills to Prowers County.  will include the Workforce grant funding in its contract with the Workforce Center.  County, no later than December 31, 2022.  We appreciate the partnership and look forward to our continuing relationship.  Sincerely,  RoCook, Vice-Chair  %  Bhldud Wendy Bukton-Andrade, Commissioner    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 1/10/2023 Submitter: Gary Harbert, Veterans Officer  Submitted to the County Administration Office on: 1/5/2023 Return Originals to: 1Original BOCC,10 Original to Vitals Office  Number oforiginals to return to Submitter: 2  Contract Due Date:  Item Tite/Recommended Board Action: Consider Approval of County Veterans Service  Officer's Monthly Report and Certification of Pay -] December 2022 Justification or Background: Briefoverview: for the Commissioners Fiscal Impact: This item is budgeted in the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on: Additional Approvals (ifr required):  PLEASE ATTACH' THIS SHEET TO ALL. AGENDAITEMS WHEN SUBMITTING TO  COUNTY ADMINISTRATION.  THANK YOU!    Colorado Department of Military and Veterans Affairs  County Veterans Service Officers Monthly Report and Certification of Pay  County of  Prowers  Month of December 2022  DMVA Telephone Calls Appointments Outreach Total Served  31 12 1 43  Surveys Submitted  Certification by County Veterans Service Officer been employed as a county veteran service officer at a rate of:  Ihereby certify that the above monthly report is true and accurate toi the best ofr my knowledge and belief. Ihave  34 hours per week ori fewer X_35 hours per week or more For the month of_ Dec.  2022 from Prowers County.  Bany Nasbns Signature of dbunty Veterans Service Officer  1/5/2023 Date  Certification by County Commissioner or Designee  Ina accordance with CRS28-5-202, Ihereby certify the appointment of our county veterans service officer. Ina accordance with CR528-5-707,lhereby, certify the accuracy of the Report CVA-26 revised September 2021.  County Commissioner or Designee of  PROWERS  County Date  This certification, submitted monthly, properly signed and executed is considered as application for the monetary benefits to the County General Fund in accordance with 28-5-804 (2002) Colorado Revised State Statute.  Submit this form no later than the. 15th day thej following month to:  Colorado Division of Veterans Affairs East onp@umvsiotecous  CVA-26 November 2021    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested:  1-10-2023 - Old Business for 2022  Submitter:  Mark Dorenkamp-R&B Supervisor  Submitted to the County Administration Office on: 12-15-2022  Return Originals to:  Road & Bridge Dept  Number of originals to return to Submitter:  1  Contract Due Date:  Item ntle/Recommended Board Action:  Consider ratifying 12-15-2022 Verbal Poll approval of Colorado Department of Transportation (CDOT) Prowers County Signature Sheet Certifying total mileage as of  December 31, 2022 Justification or Background:  Annual adoption for Road and Bridge Department.  Fiscal Impact: This item is budgeted in the following account code:  County:  Federal: $  State: $_  Other: $  Approved by the County. Attorney on: Additional Approvals (if required):  PLEASE ATTACH THIS SHEET TO. ALL. AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    !  €   I ? a    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 12-19-2022  Submitter: BOCC  Submitted to the County Administration Office on: 12-22-2022  Return Originals to:  Number of originals to return to Submitter: 1  Contract Due Date:  Item Title/Recommended Board Action: D  Consider approval ofr ratifying 12-19-2022  Email Poll approval for Payment of Bills and Payroll Presented in the Amount of$ 157,539.00.  Justification or Background: [Briefoverview for the Commissioners) Fiscal Impact: This item is budgeted in the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on: Additional Approvals (if required):  PLEASE ATTACH THIS SHEET TO. ALL AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    PROWERS COUNTY APPROVE TO PAY  APPROVE PAYMENTS AS HEREIN SET FORTH. CHECKI NUMBERS AS LISTED BELOW ARE ALL INCLUSIVE, ARE SET OPPOSITE THEIR NAMES, AND TOTALING THE SUM OF: $157,539.00  DRAWN ON COUNTY GENERAL FUNDS.  DATED. ASOF: December 22, 2022  #  A/P $ 105,559.44 $ $ $ $ $ $ $ $ $ $ $ $ $  PAYROLL  FRINGES  COUNTY GENERAL FUND ARPA FUND FSAACCOUNT BOOKING FEES ACCOUNT PUBLIC HEALTH. AGENCY ROAD & BRIDGE FUND SALES & USE TAXFUND CONSERVATION TRUST FUND CAPITAL FUND OTHER AGENCIES FUND LODGING TAXF FUND CRMC FUND OPC FUND  16,288.96 19,378.16 7,081.97  8,393.12 837.35 157,539.00  Totals  DATE: December 22, 2022 DATE: December 22, 2022 DATE: December 22, 2022 DATE: December 22, 2022  PLEA ARV  2.. fon-Dadaads doMM9S MC71 CLERK TO THE BOARD  2 157,539.00 157,539.00 157,539.00  Total Paid Approve Tol Pay AP + Fringes Total Pd Certification- Payroll Total Payroll + Fringes  $ $ $ $  STATE OF COLORADO) COUNTY OF PROWERS) 44 Office  Ending Check No. Beginning Check No. Total Number of Checks:  68114 68070 1 45  jss:    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Submitted to the County Administration Office on: 12-21-2022  Return Originals to:  N/E  Number of originals to return to Submitter:  N/E  Contract Due Date:  N/E  Item ntle/Recommended Board Action:  Consider ratifying 12-21-22 email poll approval for disbursing additional American Rescue Plan Act (ARPA) Funds that have not been allocated for 2022 and 2023 to the Ministerial Alliance in the amount of $5,000 in 2022 and $5,000 in 2023.  Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County:  Federal: $  State: $  Other: $_  Approved by the County Attorney on: Additional Approvals (if required):  PLEASE. ATTACH THIS SHEET TO ALL. AGENDA ITEMS WHEN SUBMITTING TO  COUNTY ADMINISTRATION.  THANK YOU!    PROWERS COUNTY APPROVE TO PAY  APPROVE PAYMENTS AS HEREIN SET FORTH. CHECKI NUMBERS AS LISTED BELOW. ARE. ALL INCLUSIVE, ARE SET OPPOSITE THEIR NAMES, AND TOTALING THE SUM OF: $5,000.00  DRAWN ON COUNTY GENERAL FUNDS.  DATED, ASOF: December 21, 2022  #  A/P $ $ 5,000.00 $ $ $ $ $ $ $ $ $ $ $ $  PAYROLL  FRINGES  COUNTY GENERAL FUND ARPAI FUND FSA ACCOUNT BOOKING FEES ACCOUNT PUBLIC HEALTH AGENCY ROAD & BRIDGE FUND SALES & USE TAXI FUND CONSERVATION TRUST FUND CAPITAL FUND OTHER, AGENCIES FUND LODGING TAXI FUND CRMC FUND OPC FUND  Totals  5,000.00 $  DATE: December 21, 2022 DATE: December 2022 DATE: December 21, 2022 DATE: December 21, 2022  BOCgCAS  21,  EL cfonCladadi  SSIONER CLERKTO THE BOARD  Total Paid Approve To Pay AP + Fringes Total Pd Certification- Payroll Total Payroll + Fringes  $ $ $ $  5,000.00 5,000.00 5,000.00  STATE OF COLORADO) COUNTY OF PROWERS) 4h5  Ending Check No. Beginning Check No. Total Number of Checks:  68115 68115 1 1  jsS:    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 1-10-2023  Submitter: BOCC  Submitted to the County Administration Office on: 12-27-2022  Return Originals to:  Number of originals to return to Submitter: 1  Contract Due Date:  Item Title/Reommended Board Action: Consider ratifying 12-27-2022 Email Poll approval for Payment of Bills and Payroll Presented in the. Amount of$1,147,689.22 and approval ofDHS Bills and Payroll Presented for 12-22-2022 in the amount of$218,904.98 and 12-28-2022 in the  amount of $332,416.60.  Justification or Background: [Briefoverview for the Commissioners) Fiscal Impact: This item is budgeted in the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on: Additional Approvals (ifr required):  PLEASE ATTACH THIS SHEETTO ALL. AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    PROWERS COUNTY APPROVE TO PAY  APPROVE PAYMENTS AS HEREIN SET FORTH. CHECK NUMBERS AS LISTED BELOW ARE ALL INCLUSIVE, ARE SET OPPOSITE THEIR NAMES, AND TOTALING THE SUM OF: $1,147,689.22  DRAWN ON COUNTY GENERAL FUNDS.  DATED. AS OF: December 28, 2022  #  A/P $ 31,500.98 $ $ $ $ $ $ $ $ $ $ $ $  PAYROLL 290,206.17  FRINGES 79,933.28  COUNTY GENERAL FUND ARPAF FUND FSA ACCOUNT BOOKING FEES ACCOUNT PUBLIC HEALTH AGENCY ROAD & BRIDGE FUND SALES & USE TAXFUND CONSERVATION TRUST FUND CAPITAL FUND OTHER AGENCIES FUND LODGING TAX FUND CRMC FUND OPC FUND  3,569.86 976.28  101,393.90 63,777.61  28,399.99 14,896.07  205.63 92,546.38 83,626.66 631,756.35 $  59.98 32,253.44 24,342.99 179,885.75  300,000.00 336,047.12  Totals  DATE: December 28, 2022 DATE: December 28, 2022 DATE: December 28, 2022 December DATE: Total Paid Approve To Pay AP +F Fringes Total Pd Certification- Payroll Total Payroll + Fringes  Poplna aek BOCC CHARMAN U7ROMMISSONER) QCPAMISSIONER CLERKTO THE BOARD  A2 Bw Arohade  28, 2022  $ 1,147,689.22 $ 515,932.87 $ 515,932.87 $ 811,642.10  STATE OF COLORADO) COUNTY OF PROWERS) hdya Pyowers Çounty Treasurer's Office  Ending Check No. Beginning Check No. Total Number of Checks:  68145 68116 1 30  jss:    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 1-4-2023 Submitter: Administration  Submitted to the County Administration Office on: 1-4-2023  Return Originals to: 1  Number of originals to return to Submitter: 1  Contract Due Date:  Item Tite/Reommended Board Action: Consider Approval of Payment of20231 Bills  Presented and Approve Voiding Checks  Justification or Background: Briefoverview for the Commissioners Fiscal Impact: This item is budgeted ini the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on: Additional Approvals (if required):  PLEASE ATTACH THIS SHEET TO ALL AGENDA ITEMS WHEN SUBMITTING TO  COUNTY ADMINISTRATION.  THANK YOU!    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 1/10/2023 Submitter: Judy Wittman  Submitted to the County Administration Office on: 12/29/2022  Return Originals to: Judy Wittman Number of originals to return to Submitter: 1  Contract Due Date:  Item Tite/Recommended Board Action: Consider. Approval of2023 Resolution Authorizing Justification or Background: Authorization for the Board of County Commissioners of] Prowers County, Colorado, per Colorado State Statutes $30-10-708 mandates a written resolution setting forth qualified financial institutions in which the Treasurer shall deposit funds. Also, $24-75-601  Treasurer to. Invest Public Funds.  provides for the investment of public funds and monies.  Fiscal Impact: This item is budgeted in the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on: Additional Approvals (ifrequired):  PLEASE ATTACH THIS SHEETTO. ALL. AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PROWERS, STATE OF COLORADO  STATE OF COLORADO ) COUNTY OF PROWERS  )ss.  RESOLUTION AUTHORIZING TREASURER TO INVEST PUBLIC FUNDS Resolution 2023-  WHEREAS, the County of Prowers, State of Colorado is charged with the responsibility WHEREAS, Colorado Revised Statutes, Section 30-10-708 mandates a written resolution setting forth qualified financial institutions in which the Treasurer shall deposit funds and monies of whatever kind that may come into the Treasurer's possession; and WHEREAS, Colorado Revised Statutes, Title 11, Articles 10.5 and 47 mandate the deposit of public funds and monies in eligible state and national banks and savings and loan  of depositing public funds which come into its possession; and  associations; and  WHEREAS, the Prowers County Commissioners desire the Treasurer to deposit such funds and monies into financial institutions located in the County as well as other eligible state and national banks and savings and loan associations in the State of Colorado; and  WHEREAS, Colorado Revised Statutes, Section 24-75-601 provides for the investment  of public funds and monies;  NOW, THEREFORE, BE IT RESOLVED as follows:  1. The Prowers County Treasurer is hereby authorized to deposit County funds and monies in Money market accounts, checking accounts and certificates of deposits in eligible state and national banks and savings and loan associations in the State of Colorado as well as  the following qualified local banks: a. Frontier Bank in Lamar b. GNBank C. INI Bank (f/k/a Legacy Bank) d. TBK Bank e. Community State Bank  f.The Eastern Colorado Bank g. McClave State Bank  2. The primary objectives of the investment of County funds shall be the safety of the invested funds and the liquidity of the invested funds for the timely payment of County obligations. The secondary objective shall be the achievement of a. market average yield on the  invested funds.    3. The Treasurer is hereby authorized to deposit County funds and monies in the following securities as authorized under the provisions of Colorado Revised Statutes, Section  24-75-601.1(): invest.  a. State investment pools authorized under the provisions of Colorado Revised Statutes, Section 24-75-701. ColoTrust is the only state investment pool in which we currently b. Money market funds authorized under the provisions of Colorado Revised Statutes, Direct obligations oft the United States Government which are sold at discount or have semi-annual interest payments; e.g. U.S. Treasury bills, U.S. Treasury notes; U.S. Treasury bonds and U.S. Agencies bonds authorized under the provisions of Colorado Revised Statutes, d. Security agreements including annuities through Core Financial Services, Section 24- 4. The maximum maturity of any security purchased by the Treasurer shall not exceed five years unless specifically approved in advance by the Board of County Commissioners. 5. The Treasurer may sell securities held by the County to meet, as necessary, the 6. The eligible signors on the accounts of the Prowers County Treasurer are as follows: Judy Wittman, Prowers County Treasurer and Gail Specht, Deputy Treasurer, see authorized  Section 24-75-601.1(K). Section 24-75-601.1(K). 75-601.1(1).  County investment objectives.  signatures below.  Motion duly made and seconded, the above read Resolution No. 2023-  was  adopted this 10th day of January, 2023 by the Board of County Commissioners of the County of Prowers and State of Colorado. All previous resolutions concerning the deposit and investment  of County funds are rescinded upon approval of this resolution.  Chairman Commissioner Commissioner  ATTEST:  Clerk to the Board of County Commissioners  Judy Wittman, Prowers County Treasurer Gail Specht, Deputy Treasurer  Public Funds Resolution    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested:  1-10-2023  Submitter:  BOCC/Tamara Nickelson  Submitted to the County Administration Office on: 1-4-2023 Return Originals to: Jana Coen & Tamara Nickelson Number of originals to return to Submitter: 1  Contract Due Date:  Item ntle/Recommended Board Action: on the County Checking Accounts at Frontier Bank. Justification or Background: Annual approval  Consider approval of 2023 Order for Authorized Persons and Authorized Signatures  Fiscal Impact: This item is budgeted in the following account code:  County: Federal: State: Other:  $ $ $_ $  Approved by the County Attorney on: Additional Approvals (if required):  PLEASE. ATTACH THIS SHEET TO ALL. AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    ORDER FOR AUTHORIZED PERSONS AND AUTHORIZED  SIGNATURES ON CHECKING ACCOUNTS  CLORND  The Board of County Commissioners hereby authorizes as follows regarding the following County  checking accounts at Frontier Bank:  DEPARTMENT OF HUMAN SERVICES ACCOUNT  Wendy Buxton-Andrade, Ron Cook, Thomas Grasmick, and Jana Coen are authorized to sign on the Prowers County Department of Human Services Account to transact business in this account on behalf of the Wendy Buxton-Andrade, Ron Cook, Thomas Grasmick, Jana Coen, Mark Westhoff, Tamara Nickelson, and Mindy Maestas are authorized to communicate with Frontier Bank representatives regarding the Prowers County Department of Human Services Account to transact business in this account on behalf of the  Depositor.  Depositor.  STATE WAGE WITHHOLDING ACCOUNT  Wendy Buxton-Andrade, Ron Cook, Thomas Grasmick, and Jana Coen are authorized to sign on the Prowers County State Wage Withholding Account to transact business in this account on behalf of the Depositor. Wendy Buxton-Andrade, Ron Cook, Thomas Grasmick, Jana Coen, Mark Westhoff, Tamara Nickelson, and Paula Gonzales are authorized to communicate with Frontier Bank representatives regarding the Prowers County State Wage Withholding Account to transact business in this account on behalf of the Depositor. Wendy Buxton-Andrade, Ron Cook, Thomas Grasmick, and Jana Coen, are authorized to sign on the Prowers County General Fund. Account to transact business ini this account on behalfo oft the Depositor. Wendy Buxton-Andrade, Ron Cook, Thomas Grasmick, Jana Coen, Mark Westhoff, Tamara Nickelson, and Paula Gonzales are authorized to communicate with Frontier Bank representatives regarding the Prowers County General Fund Account to transact business int this acccunt on behalf of the Depositor.  GENERAL FUND ACCOUNT  DATED this 10th day of. January, 2023  Chairman Vice-Chairman Commissioner  IN WITNESS WHEREOF, Ihave hereunto set my hand and affixed the seal of said County at Lamar, Colorado  this 10+h day of January 2023.  Jana Coen, County Clerk & Recorder    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 1-4-2023 Submitter: BOCC  Submitted to the County Administration Office on: 1-4-2023  Return Originals to:  Number of originals to return to Submitter: 1  Contract Due Date:  Item Tite/Recommended Board Action: Consider Approval of2023 IRS Mileage Reimbursement Rates for Travel Related to County Business for County Employees at 65.5/mile and the Reimbursement Rate for Travel Related to Medical Care for County Employee Flex  Savings Accounts at 22/Mile.  Justification or Background: Briefoverview: for the Commissioners) Fiscal Impact: This item is budgeted in the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on: Additional Approvals (if required):    1/5/23,9 9:00AM  IRSi issues standard mileage rates for 2023; business usei increases 3 cents per milel Internal Revenue Service  IRS  IRS issues standard mileage rates for 2023; business use increases 3 cents per mile  IR-2022-234, December 29, 2022  WASHINGTON- - Thel Internal Revenue Service todayi issued the 2023 optional standard mileage rates used to calculatei the Beginning on January 1,2023, the standard mileage rates for the use ofac car (also vans, pickups or panel trucks) will be: 65.5 cents per mile driven for business use, up3 3 cents fromi the midyear increase setting the rate fori the second half of 22 cents per mile driven for medical or moving purposes for qualified active-duty members oft the Armed Forces, 14cents perr mile driven ins service of charitable organizations; the rate is set bys statute and remains unchanged from These rates apply to electric and hybrid-electric automobiles, as well as gasoline and diesel-powered vehicles. The standard mileage ratet for business usei is based on an annual study oft thei fixed and variable costs of operating an Itisimportant to note that underi the Tax Cuts and. Jobs Act, taxpayers cannot claim a miscellaneous itemized deduction for unreimbursed employeet travel expenses. Taxpayers also cannot claim a deduction for moving expenses, unless they are members oft the Armed Forces on active duty moving under orders to a permanent change of station. For more details see Taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the standard Taxpayers can use the standard mileage rate but generally must opt to usei iti in the firsty year the cari is available for business use. Then, in later years, they can choose either the standard mileage rate or actual expenses. Leased vehicles must uset the standard mileage rate method fort the entire lease period (including renewals) ift the standard mileage ratei is chosen. Notice 2023-03 PDF_contains the optional 2023: standard mileage rates, as well as the maximum automobile cost used to calculate the allowance under at fixed and variable rate (FAVR) plan. In addition, the notice provides the maximum fair market value of employer-provided automobiles first made availablei to employees for personal use in calendary year 2023 for which employers may use thet fleet-average valuation rulei in or the vehicle cents-per-miler valuation rule.  deductible costs of operating an automobile for business, charitable, medical or moving purposes.  2022.  consistent with the increased midyear rate seti fort the second half of 2022.  2022.  automobile. Ther ratei for medical and moving purposes is based on the variable costs.  Moving Expenses for Members oft the Armed Forces.  mileage rates.  Pagel Last Reviewed or Updated:29-Dec-2022  tps/Nwwls.gownewsvescomiysuwsundanncmasyenatsb2u.nessuengesses3centspermie  1/1    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 1/10/2023 Submitter: Department ofHuman Services  Submitted to the County Administration Office on: 12/15/22 Return Originals to: Department of] Human Services Number of originals to return to Submitter: 1  Contract Due Date: 1/1/2023 -Ih have notified the State they will not receive our certification by  the deadline.  Item Tite/Recommended Board Action:  "Consider approval of2023 County Personnel and Merit System CDHS Certification of Compliance and authorize Lanie Meyers-Mireles, Director of Human Services, to sign with  handwritten signature."  Justification or Background: This is an annual requirement.  Fiscal Impact:  Approved by the County Attorney on: Additional Approvals (if required):  PLEASE ATTACHTHIS SHEETTO. ALL AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    COLORADO Department of Human Services  To: County Human/Social Services Directors From: Colorado Department of Human Services Re: 2023 County Merit System Certification  Date: 12/13/2022  This letter serves as a reminder that the County Department of Human/Social Services is required by 9 CCR2 2502-1 ("Volume 2") Rule 2.210 that each county shall annually submit to the Colorado Department of Human Services a certification that the criteria in Rule 2.200 are being maintained by the County Department of Human/Social Services. This certification must be received as prescribed by the Department by January 1 of each year. The certification must be validated by the county board of The Volume 2 rules regarding the County Personnel and Merit System requirements can be accessed at MEANCCCENSNMMSMAZIECAN Please submit your certifications to the CDHS County Liaisons, 1575 Sherman Street, 8th Floor, Denver,  commissioners or designee.  CO 80203, or via email to Josh Running Wolfj oshua.runningwoffestate.co.Ls.  Thank you for your assistance!  Enclosure  CC: Anne Marie, Deputy Executive Director of Community Partnerships Sarah Dawson, CDHS Director of Operations, Community Partnerships Laura Strother, CDHS Director of County Relations, Community Partnerships    CDHS Certification of Compliance Year 2023 County Personnel and Merit System  Each county merit system shall function under the following principles and requirements in order to be A. The recruitment, selection, and advancement of employees shall be on the basis of relative abilities, knowledge, and skills, including open consideration of qualified applicants for initial appointment.  inc compliance with Section 26-1-120(8), C.R.S., and 9 CCRI 2502-1 Rule 2.200:  B. The system shall provide equitable and adequate compensation.  C. The employees shall be trained as needed to assure high quality of performance.  D. The system shall provide for retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance E. The system shall assure fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, religious creed, age, or disability and with proper regard for the privacy and constitutional rights of such persons as citizens. This fair treatment principle shall include compliance with all Federal equal opportunity F. The system shall assure that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose ofi interfering with or affecting Prowers County certifies that it is in compliance with the above principles and criteria for the administration and operation of its County Personnel and Merit System for the reporting year 2022 and has a personnel system in place for the next calendar year to assure continuing compliance. The person The County Director is exempt from the County Merit System per the Transitional Plan submitted to the  cannot be corrected.  and nondiscrimination laws.  the results of an election or a nomination for office.  signing below is authorized to undertake this certification. Colorado Department of Human Services. Yes No  By: Signature Lanie Meyers-Mireles Print Name  Date Title  Director of Human Services  1876    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 01/10/2023 Submitter: Mark Westhoff  Submitted to the County Administration Office on: 01/05/2023  Return Originals to: Jana Coen  Number of originals to return to Submitter: 1 Contract Due Date: 01/05/2023 Government Organization Chart Justification or Background:  Item Title/Recommended Board Action: Consider Approval of the 2023 Prowers County  Fiscal Impact: This item is budgeted in the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on: Additional Approvals (if required):  PLEASE ATTACH THIS SHEET TO ALL. AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!        PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested:  1-3-2023 - New Business for 2023  Submitter:  BOCC  Submitted to the County Administration Office on: 12-30-2022  Return Originals to:  ltoB BOCC &1t to Scranton Specht & Assoc  Number of originals to return to Submitter:  1  Contract Due Date:  N/E  Item nte/ecommended Board Action:  Consider approval of Independent Contractor Agreement between the Board of County Commissioners of Prowers County and Scranton Specht and Associates, P.C. for Legal Services related to matters involving Prowers County's 1041 Regulations for a Term of  January 1, 2023 through December 31, 2023.  Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County:  Federal: $  State: $  Other: $  Approved by the County Attorney on:  1-2-2023  Additional Approvals (if required):  PLEASE ATTACH THIS SHEET TO ALL. AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    INDEPENDENT CONTRACTOR AGREEMENT  (1041 Matters)  THIS AGREEMENT is effective beginning the 15t day of. January, 2023, and is by and between the Board ofCounty Commissioners ofl Prowers County ("County"), and Scranton Specht and Associates, P.C., FEIN #20-0794178, 1204 East Olive Street, PO: Box 1500, Lamar,  CO 81052.  WHEREAS, County desires to contract with Contractor to secure legal services related to matters involving Prowers County's 1041 Regulations in the capacity ofa a special county  attorney in accordance with the terms of this Agreement; and  WHEREAS, Contractor desires to 1041 Regulation legal services in the capacity as a special county attorney on an independent contractor basis as set forth ini this Agreement, NOW THEREFORE, in consideration for the mutual promises made herein, the County Services: Contractor agrees to perform the following services: Such legal matters, including court appearances, as the County may from time to time direct related to 1041  and the Contractor agree as follows:  1.  Regulation matters. a)  Contractor represents and acknowledges that the services performed under this Agreement will be done using Contractor's own equipment and at hours and times as determined by Contractor. Contractor is engaged inj providing these types of services for persons or entities other than the County, and Contractor is not required toj provide services exclusively to the County during the term oft this Contractor will use its best efforts to avoid conflicts ofinterest. IfContractor has represented any client in conflict with the County within two years previous to the assigned task, Contractor will inform County SO County can make alternative arrangements for legal representation of the County's interests. Contractor will work cooperatively with the courts, persons and agencies to ensure compliance with local, state, and federal regulations, policies, and statutes. Contractor will maintain files which shall be considered the property oft the County. The County may review these files at any time and, in the event this Agreement is terminated, Contractor will release the files to County in good Are representative of Contractor will meet face-to-face with the Board of County Commissioners and County employees as necessary to perform the tasks assigned to Contractor. Contractor will all documents and matters as needed to perform the  Agreement.  b)  c) d)  order.  e)  tasks assigned to Contractor.    2.  Compensation: The County shall pay the Contractor as follows: An hourly attorney. fee paid at the rate of $200.00 per hour to perform 1041 matters legal services for County. Contractor will be required toj provide billing statements to the County  a)  regarding all work performed on. 1041 matters.  b) Payment pursuant to this Agreement shall be made in whole ori in part, from available funds per month. Contractor will provide all necessary legal services for County during the term ofthe agreement within available contracted funds. Items not included in the hourly rate for which County will be responsible for  c)  payment include the cost ofi items such as:  i)  Mileage to any courts or meetings outside Prowers County will be reimbursed at the standard IRS: rate approved by County. Travel outside Prowers County related to County business will be reimbursed at the County will not reimburse costs for meals oft the attorney to provide services within Prowers County. Any meals required for legal services provided outside Prowers County will be reimbursed at the standard County per diem with ai receipt for the actual meal cost required for reimbursement. Per Federal regulation no alcohol will be reimbursed in  standard IRS rate approved by County.  ii)  the meal reimbursement;  iri) County will not reimburse costs of] lodging oft the attorney to provide services outside Prowers County, ifo overnight stay is required. Any lodging related to County business outside Prowers County will be reimbursed at the actual cost ofl lodging with ai receipt required; and iv) Faxing, photocopying, telephone, long distance charges to be charged at v) All expenses oft the legal services, including by way of example and not  the actual cost. limitation:  A. Court filing fees, ifa applicable; B. Expert witness fees; C. Service of] Process fees;  D. Witness fees and mileage expense of witnesses;  E.  Conference operator calls for hearings by long distance call; and F. Any other expenses would require prior approval of the Board of  County Commissioners for County.    3, This contract is subject to and contingent upon the continuing availability of budgeted agency funds and the continuing availability of state and federal funds for the purposes Term: The term of this Agreement shall be for twelve (12) months beginning January 1, 2023 and continuing through December. 31, 2023. Either party may terminate this agreement with thirty (30) days' prior written notice to Relationship: The parties understand and agree that Contractor is an independent contractor and that Contractor is not an employee oft the County, nori is Contractor CONTRACTOR UNDERSTANDS AND AGREES THAT CONTRACTOR IS NOT ENTITLED TO WORKERS' COMPENSATION BENEFITS AND THAT CONTRACTOR IS OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED PURSUANT TO THIS CONTRACT. Work Product: Any data, reports, documents, or information provided by the County to the Contractor during the performance of services under this Agreement and any reports or other writings required under the services of this Agreement shall be and remain the Indemnification and Insurance: Contractor shall indemnify and hold harmless the County from and against all claims, damages, loses, and expenses arising out ofor resulting from acts or omissions oft the Contractor in the performance of the services by Contractor. During the term oft this Agreement Contractor shall maintain personal professional liability insurance with at least $1,000,000.00 coverage per event.  hereof.  4. 5. 6.  the other party.  entitled to County employment benefits.  7.  8.  sole property of the County at all times.  9.  10. No official or employee of Prowers County shall directly or indirectly be paid any share or part ofthis Agreement or any benefit that may arise therefore in violation of Article 29 oft the Colorado Constitution. The Contractor warrants that it has not retained any company or person (other than al bona fide employee working solely for Contractor) to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, (except for a bona fide employee working solely for Contractor) any fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or resulting from the award ofthis Agreement to Contractor. Upon discovery of any breach or violation oft this provision, Prowers County shall have the right to terminate  this Agreement.  11. Civil Rights Compliance: Contractor certifies that he is in compliance with State and  Federal statutes regarding Civil Rights.    12. Jurisdiction: Jurisdiction for any dispute under this Agreement shall be exclusively in the Prowers County, Colorado District or County Court sitting without jury in Prowers  County, Colorado.  13. Third Parties: This Agreement does not and shall not be deemed to confer upon any third party any rights to claim damages or bring suit, or other proceeding against either the County or Contractor because of any term contained in this Agreement.  14. Assignment: This Agreement is for personal services predicated upon Contractor's special abilities or knowledge, and Contractor shall not assign Agreement in whole ori in  part without prior written consent oft the County.  15. Entire Agreement: This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding relating to the  subject matter ofthis Agreement.  16. Modification: This Agreement may be modified or amended only by a duly authorized  written instrument executed by the parties hereto.  CONTRACTOR  Contractor FEIN #:20-0794178  SCRANTON SPECHT & ASSOCIATES, P.C.  By:  DARLA SCRANTON SPECHT, President  1204 East Olive St. P.O.E Box 1500 Lamar, CO 81052  BOARD OF COUNTY COMMISSIONERS OF PROWERS COUNTY  By:  CHAIRMAN    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested:  1-10-2023 - New Business for 2023  Submitter:  BOCC  Submitted to the County Administration Office on: 1-4-2023  Return Originals to:  ltoE BOCC &1 11 to Rose Pugliese Esq.  Number of originals to return to Submitter:  1  Contract Due Date:  N/E  Item Ttle/Recommended Board Action:  Consider approval of Independent Contractor Agreement between the Board of County Commissioners of Prowers County and Rose F Pugliese, LLC for Legal Services related tomatters involving Prowers County's 1041 Regulations for a Term of January 1, 2023  through December 31, 2023. Justification or Background:  Fiscal Impact:  County:  Federal: $  State: $  Other: $  Approved by the County Attorney on:  1-4-2023  Additional Approvals (if required):  PLEASE ATTACH THIS SHEET TO. ALL. AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    INDEPENDENT CONTRACTOR AGREEMENT FOR COUNTY ATTORNEY SERVICES  This Agreement is entered into on the 10th day of January, 2023, by and between the Board of County Commissioners, Prowers County, Colorado, located at 301 S. Main Street, #215, Lamar, Colorado 81052 (hereinafter referred to as "the County"), and Rose F. Pugliese, LLC, located at 9235 N. Union Blvd., Suite 150, #128, Colorado Springs, Colorado 80920 (hereinafter referred to as the "Attorney"). The County and the. Attorney may each be referred to  as" "a Party" or collectively referred to as" "the Parties."  WHEREAS, the Board desires to retain the. Attorney to perform contract 1041 regulations WHEREAS, the Attorney desires to perform contract 1041 regulations legal services, as NOW, THEREFORE, in consideration of the mutual promises made herein, the Parties 1. Legal Services: The Attorney agrees to represent the County in any and all legal matters, as directed by the County, for 1041 Regulations outside oft the. Attorney'si regular duties as County Attorney; and prepare any and all other documentation, as needed, for the County a. The Parties acknowledge and agree that "the County" is the client and "the County" shall mean a majority of the County Commissioners. The Attorney shall consult with The Attorney shall maintain files, which shall bet the property of the County, and stored d. The Attorney shall work cooperatively with the County, elected officials, department heads and other employees, the courts, and state and federal agencies to ensure compliance with all county, local, state and federal regulations, policies and statutes. 2. Compensation: The County shall pay the Attorney an hourly rate of One Hundred and Seventy-Five Dollars ($175.00) per month, from budgeted funds, during the term oft this Agreement, to perform the legal services as outlined above. A bill shall be provided to the County each month. The Attorney acknowledges and agrees that the County shall NOT be responsible for reimbursement forr mileage, meals or lodging. Payment toi the. Attorney shall be made at the first meeting of the Board of County Commissioners each month, commencing in January of 2023 and until the termination oft this Agreement. 3. Additional Expenses: All expenses of legal services, including, by not limited to: Court filing fees, expert witness fees, process service fees, witness fees and mileage expense of witnesses, conference call lines or zoom shall NOT be included in the Attorney's Compensation. Any other expenses would require prior authorization by the County.  legal services for the County, in accordance with the terms oft this Agreement; and  ani independent contractor, for the County.  agree as follows:  (the "Legal Services").  each oft the County Commissioners before proceeding on a matter. b. The. Attorney shall meet with the County and staff as necessary.  on County property.    4. Term: The Term ofthis Agreement shall be one (1)year, commencing on January 1,2023 and ending on December 31, 2023; however, either party may terminate this Agreement a. Binding Authority. The Attorney does not have the authority to bind the County to any contracts or commitments without the County's written consent. b. Independent Contractor. The Attorney is an independent contractor. Neither Party is an agent, representative, partner, or employee of the other Party. The County shall provide an IRS Form 1099 to report payment of services rendered. Non-Exclusivity. The Parties understand this Agreement is not an exclusive arrangement. The Parties agree they are free to enter into other similar agreements with other parties. The Attorney may accept other employment and/or contracts without limit, as long as the. Attorney is able to fulfill the terms ofthis Agreement. d. Ownership. All work product created by the Attorney in connection with performing the Legal Services is the exclusive property of the County and the  upon sixty (60) days' written notice to the other party.  5. Relationship of the Parties:  County is free to use the work product without any restrictions.  6. Confidentiality  The Attomey understands she will have access to the Client's confidential information. The Attorney agrees to use the County'sconfidential information solely for the purpose of performing the Legal Services. The. Attorney agrees not to share the County'sconfidential information with anyone else, unless required by law. The County's obligation to maintain confidentiality will survive termination of this Agreement and will remain in effect a. Negotiation. In the event of a dispute, the Parties agree to first work towards a b. Mediation. Either Party may initiate mediation in lieu of litigation, in the State of Litigation and Choice ofLaw. If litigation is necessary, this Agreement will be interpreted based on the laws oft the State ofColorado, regardless ofany conflict of law issues that may arise. The Parties agree the dispute will be resolved at a court ofcompetent jurisdiction in the County ofProwers, State of Colorado. d. Attorneys' Fees. The prevailing party may recover its attorneys' fees and other reasonable costs for a dispute resolved by mediation or litigation. a. Amendments. This Agreement may be modified as needed. To make a modification, the Parties have to agree to the modification in writing in the form of an amendment. The terms of this Agreement will apply to any amendment made b. Assignment. The Parties may not assign the responsibilities they have under this Agreement to at third-party; however, should the. Attorney merge with another firm, the. Attorney shall havei the right to assign the. Agreement to such firm. The. Attorney shall not assign thej performance oft the legal services, as outlined int this Agreement, Attachments. AII attachments are expressly incorporated as an integral part ofthis  indefinitely. 7. Dispute Resolution  resolution through good faith negotiation.  Colorado.  8. General  unless otherwise stated ini the amendment.  to another attorney or firm. Agreement.    d. Complete Contract. This Agreement constitutes the Parties entire understanding of their rights and obligations. This Agreement supersedes any other written or verbal communications between the Parties, whether they were: madel before or after signing this Agreement. Any subsequent changes to this Agreement: must be made Indemnification. The Parties agree to indemnify, and hold harmless, one another and from and against all claims, damages, losses and expenses arising out of, or resulting from, acts or omissions of a Party. The Attorney shall maintain professional liabilityinsurance with atl least $1,000,000 coverage per event. . Severability. If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest ofthis Agreement will still be enforceable. &. Standard of Performance. The Attorney acknowledges and represents that she has the necessary training, experience, and credentials required to perform the Legal Services. The Attorney agrees to follow professional standards and applicable laws when providing the Legal Services. The. Attorney has performed a h. Waiver. Neither Party can waive any provision of this Agreement, or any rights oro obligations under this Agreement, unless agreed toi in writing. Ifany provision, right, or obligation is waived, it is only waived to the extent agreed to in writing. Notices. All notices under this Agreement must be sent by certified mail, with  inv writing and signed by both Parties.  conflict check and has found no existing Conflicts of Interest.  return receipt requested to the address listed above.  Attorney: AB  Rose F. Pugliese, LLC, Managing Member Attorney Registration Number: 38973 Board of County Commissioners, Prowers County  Ron Cook, Chairman    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 1/10/2023 Submitter: Department of] Human Services  Submitted to the County Administration Office on: 12/21/22 Return Originals to: Department of Human Services Number of originals to return to Submitter: 1  Contract Due Date: ASAP  Item Tite/Reommended Board Action: Services with Blair and Associates, P.C."  "Consider approval of Audit Engagement Letter for Prowers County Department of Human  *This agreement requires Lanie and Tom's signatures.  Justification or Background: Fiscal Impact: up to$6.700.00  County: $ Federal: $ State: $ Other: $  Approved by the County Attorney on: Additional Approvals (if required):  PLEASE ATTACH' THIS SHEET TO. ALL AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    Misstatements, including omissions, can arisei fromi fraud or error and are considered material ift therei is as substantial likelihood that, individually ori in the aggregate, they wouldi influence thej judgment of ar reasonable user made based Internal control over financial reporting and compliance with provisions of laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on the financial statements in Internal control over compliance related to major programs and an opinion (or disclaimer of opinion) on compliance with federal statutes, regulations, and the terms and conditions of federal awards that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and Title 20.S. Code ofFederal: Regulations (CFR) Part 200, Uniform. Administrative Requirements; Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance).  on thet financial statements. The objectives also include reporting on:  accordance with Govemment Auditing Standards.  Auditor's Responsibilities for the Audit of the Financial Statements and Single Audit  We will conduct our audit in accordance with GAAS; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of the Uniform Guidance, and will include tests of accounting records, a determination of major program(s) in accordance with Uniform Guidance, and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS and Government Auditing Standards, we We will evaluate the appropriateness of accounting policies used andi the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are: attributable to the government or to acts by management or employees acting on behalf oft the government. Because the determination of waste and abuse is subjective, Government Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements or noncompliance may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or on major programs. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We willi include such matters in the reports required for a Single Audit. Our responsibility as auditors isl limited to the period covered by our audit and does not extend to any later periods for which we are not engaged We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered int the aggregate, that raise substantial doubt about the government's ability to continue as a going concern for a Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and direct confirmation ofreceivables and certain assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will also request written representations from your We will obtain an understanding of the government and its environment, including internal control relevant to the audit, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence thati is sufficient ànd appropriate to provide a basis for our opinions. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional  exercise professional judgment and maintain professional skepticism throughout the audit.  provide reasonable assurance of detecting waste or abuse.  as auditors.  reasonable period of time.  attorneys as part of the engagement. Audit Procedures-Iinternal Control  omissions, misrepresentation, or the override of internal control.    Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render and opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued Asr required by the Uniform Guidance, we will perform tests of controls over compliance to evaluate the effectiveness oft the design and operation of controls that we consider relevant to preventing or detecting material noncompliance in with compliance requirements applicable to each major federal award program. However, our tests will be less scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and the Uniform Guidance. As part of obtaining reasonable assurance about whether thet financial statements arei free of material misstatement, we will perform tests of County's compliance with provisions of applicable laws, regulations, contracts, and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance, and we will not express such an opinioni in our report on compliance issued pursuant The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with federal statutes, regulations, and thet terms and conditions ofi federal awards applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the County's major programs. For federal programs that are included in the Compliance Supplement, our compliance andi internal control procedures will relate to the compliance requirements that the Compliance Supplement identifies as being subject to audit. The purpose of these procedures will be to express an opinion on the County's compliance with requirements applicable to each ofi its major programs in our We will also assist in preparing the financial statements of DHS, the County's schedule of expenditures of federal awards, and related notes in conformity with accounting principles generally accepted in the United States of America and the Uniform Guidance based on information provided by you. These nonaudit services do not constitute an audit under Govemment Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statements, schedule of expenditures of federal awards, and related notes services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilties. You agree to assume all management responsibilities for the financial statements, schedule of expenditures of federal awards, and related notes, and anyother nonaudit services we provide. Youwill be required to acknowledge in the management representation letter our assistance with preparation of the financial statements, the schedule of expenditures of federal awards, and related notes and that you have reviewed and approved the financial statements, the schedule of expenditures of federal awards, and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and Oura audit will be conducted ont thel basis that you acknowledge and understand your responsibility for (1) designing, implementing, establishing, and maintaining effective. internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including internal controls over federal awards, andi for evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; (2) following laws and regulations; (3) ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements;  pursuant to Government. Auditing Standards.  expressed in our report on internal control issued pursuant tot the Uniform Guidance.  Audit Procedures-Complance  to Government. Auditing Standards.  report on compliance issued pursuant tot the Uniform Guidance.  Other Services  results of those services; and accept responsibility for them.  Responsibilities of Management for the Financial Statements and Single Audit    and (4) ensuring that management and financial information is reliable and properly reported. Management is also responsible fori implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation of the financial statements, schedule of expenditures of federal awards, and all accompanying information in conformity with accounting principles generally accepted in the United States of America; and for compliance with applicable laws and regulations (including federal statutes), rules, and the provisions of contracts and grant agreements (including award agreements). Your responsibilities also include identifying significant contractor relationships in which the contractor has responsibility for program compliance and You are also responsible for making drafts of financial statements, schedule of expenditures of federal awards, all financial records, and related information available to us and for the accuracy and completeness oft that information (including information from outside of the general and subsidiary ledgers). You are also responsible for providing us with (1) access to alli information of which you: are aware thati is relevant tot the preparation andi fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2) access to personnel, accounts, books, records, supporting documentation, and other information as needed to perform an audit under the Uniform Guidance; (3) additional information that we may request for the purpose of the audit; and (4) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about the financial statements; schedule of expenditures oft federal awards; federal award programs; compliance with laws, regulations, contracts, and grant agreements; and related Your responsibilities include adjusting thet financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles ini internal control, and (3) others where the fraud could have a materiale effect ont the financial statements. Your responsibilities include informing us ofy your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contraçts, agreements, and grants. You are also responsible for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements that we report. Additionally, as required by the Uniform Guidance, it is management's responsibility to evaluate and monitor noncompliance with federal statutes, regulations, and the terms and conditions of federal awards; take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; promptly follow up and take corrective action on reported audit findings; You are responsible for identifying all federal awards received and understanding and complying with the compliance rèquirements and for the preparation oft the schedule of expenditures of federal awards (including notes and noncash assistance received, and COVID-19-related concepts, such as lost revenues, if applicable) in conformity with the Uniform Guidance. You agree to include our report on the schedule of expenditures of federal awards in any document that contains, and indicates that we have reported on, the schedule of expenditures of federal awards. You also agree to [include the audited' financial statements with any presentation of the schedule ofe expenditures offederal awards thati includes our report thereon OR make the audited financial statements readily available to intended users of the schedule of expenditures of federal awards no later than the date the schedule of expenditures of federal awards is issued with our report thereon). Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the schedule of expenditures oft federal awards in accordance with the Uniform Guidance; (2) you believe the schedule ofe expenditures of federal awards, including its form and content, is stated fairlyi in accordance with the Uniform Guidance; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, ift they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards.  fort the accuracy and completeness oft that information.  matters.  in the aggregate, to the financial statements of each opinion unit taken: as a whole.  and prepare a summary schedule of prior audit findings and a separate corrective action. plan.    Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible fori identifying and providing report copies of previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Scope and Objectives section oft this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. Youa are also responsible: for providing managements views on our current findings, conclusions, and recommendations, as well as your planned corrective actions fort the report, and fort the timing and We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is management's responsibility to electronically submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditor's reports, and corrective action plan) along with the Data Collection Form to the Federal Audit Clearinghouse. We will coordinate with you the electronic submission and certification. The Data Collection Form and the reporting package must be submitted within the earlier of 30 calendar days after receipt of the auditor's We will provide copies of our reports to the County's Department of Social Service and' the County; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for The audit documentation for this engagement is the property of Blair and Associates, P.C. and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to your Cognizant or Oversight Agency or its designee, at federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review oft the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Blair and Associates, P.C. personnel. Furthermore, upon request, we may provide copies of selected audit documentation: to the aforementioned parties. These parties mayi intend, or decide, to distribute the copies or The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the Cognizant Agency, Oversight Agency for Audit, or Pass-through Entity. Ifwe are aware that at federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. Pete Blair, CPA is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. We expect to begin our audit on approximately May 22, 2023. Ouri feei fort these services willl be at our standard hourly rates will not exceed $6,000.. Additional out-of-pocket costs are estimated to be $700. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered at the conclusion of fiéld work and will be due in 20 days. If significant additional time is necessary, we will keep you We will issue written reports upon completion of our Single Audit. Our reports willl be addressed to Board of County Commissioners of Prowers County. Circumstances may arise in which our report may differ from its expected form and content based ont the results of our audit. Depending on ther nature of these circumstances, itmay be necessary for us to modify our opinions, add a separate section, or add an emphasis-of-matter: or other-matter paragraph to our auditor's report, or if necessary, withdraw from this engagement. Ifo our opinions are other than unmodified, we will discuss the reasons with youi in advance. If, for any reason, we are unable to complete the audit or are unable toi form or have not formed opinions, we may decline to express opinions or issue reports, or we may withdraw from  format for providing that information. Engagement Administration, Fees, and Other and willl locate any documents selected by us fort testing.  reports or nine months after the end of the audit period.  publici inspection.  information contained therein to others, including other governmental agencies.  informed of any problems we encounter and our fees will be adjusted accordingly.  Reporting  this engagement    The Government, Auditing Standards report oni internal control over financial reporting and on compliance and other matters will state that (1) the purpose of the report is solely to describe the scope of testing ofi internal control and compliance and the results of that testing, and not toy provide an opinion on. the effectiveness of the entity's internal control or on compliance, and (2) ther report is ani integral parto of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. The Uniform Guidance report on interal control over compliance will state thati the purpose of the report on internal control over compliance is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Both reports will state that the report is not suitable for any other purpose. We appreciate the opportunity to be of service to Prowers County and Prowers County Department of Social Services and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. Ify you agree with thet terms of our engagement as described in this letter, please sign  the attached copy and return it to us. Batran,Associates P.C.  Very truly yours, RESPONSE: Services. Management signature: Title: Date: Governance signature: Title: Date:  This letter correctly sets forth the understanding of Prowers County and Prowers County Department of Social    ADDENDUM TO AGREEMENT  ADDENDUM TO AGREEMENT entered into the day and years herein after set forth by and between THE BOARD ON COUNTY COMMISSIONERS OF PROWERS COUNTY, COLORADO, hereinafter referred to as "Prowers County" and Blair and Associates, P.C., hereinafter referred to as' "Auditor" or "Company",  1. OUTSIDE AUDITOR The parties agree that Auditor as an outside auditor will be used to audit financial records of the Prowers County schedule of federal awards and the financials for Prowers County Department of Social Services, This will maintain independence, integrity, and objective oft the audit. 2. OUTSIDE. AUDIT FEE The estimated fee for the 2022 outside audit is estimated at $6,000, with out-of- 3. STATUTORY COUNTY Prowers County, Colorado, which is a statutory county in the State of Colorado, reserves all rights as a statutory entity, including governmental immunity as provided by law. 4. VENUE Jurisdiction for any dispute under this agreement shall be exclusively in the Prowers County, Colorado district or county Court sitting without juryi in Las Animas, Colorado, and the court shall award to the substantially prevailing party its attorney fees, expert witness fees, court costs and any other litigation 5. PUBLIC RECORD In the event Prowers County receives public records demand pursuant to the Colorado Open Records Act for copies of documents which the agreement provides are confidential, or may otherwise be subject to non-disclosure, Prowers County shall give written notice by facsimile and/or email to Company. Company shall notify Prowers Countyi in writing by facsimile and/or email within 3 working days of notification if any documents requested as a public record should not be disclosed. The Company shall indemnify and! hold harmless Prowers County for any public record requested where the 6. INDEPENDENT CONTRACTOR The Company shall perform its duties hereunder as an independent contractor and shall be solely responsible for the acts of the Company, its employees, and agents. Neither the company nor any agent or employee oft the Company shall be or shall be deemed to be an agent or employee of Prowers County. The Company shall pay when due all required employment, income, and other taxes on any monies paid by Prowers County pursuant to this contract. The company acknowledges that the Company or at third party provides such coverage and that Prowers county does not pay for or otherwise provide such coverage. The Company shall have not authorization, express or implied, to bind Prowers county to any agreement, liabilities, or understandings except as expressly set forth herein. The Company shall provide and keep int force worker's compensation and unemployment compensation insurance in the amounts required by law and provide proof of such insurance when 7. ILLEGAL ALIENS Company certifies that Company shall comply with the provisions of C.R.S. 8-17.5-101 etseq. Company shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Company that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this agreement. Company represents, warrants, and agrees thati it () has verified that if does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration: and Department of Homeland Security, and (i) otherwise will comply with the requirements of C.R.S. 8-17.5-102/2)). Company shall comply with all reasonable requests made int the course of an investigation under C.R.S. 8-17.5-102 by Colorado Department of Labor and Employment. IfCompany fails to comply with any requirement of this provision or C.R,S. 8-17.5-101 et seq., Prowers County may terminate this contract for breach and Company shall be liable for actual consequential 8. OFFICIALS NOT TO BENEFIT No official or employee of Prowers County shall directly or indirectly receive or be paid any share or part of this Agreement or any benefit that may arise therefore in violation of Article 29 of the Colorado Constitution. Company warrants that it had not retained any company or  pocket expenses estimated at $700.  expense.  Company requests Prowers County not to disclose such records.  requested by Prowers County.  damages to Prowers County.    person (other than a bona fide employee working solely for Company) to solicit or secure this Agreement, and that Company has not paid or agreed to pay to any company or person, (other than al bona fide employee working for Company), any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award of this Agreement to company. Upon discovery of any breach or violation of this provision, Prowers County shall have the right to terminate this 9. BINDING EFFECT This Agreement is binding upon the parties and their respective successors and  Agreement. permitted assigns.  BOARD OF COUNTY COMMISSIONERS PROWERS COUNTY, COLORADO  BLAIR AND. ASSOCIATES, P.C.  By Chairman  By  Pete Blair, Shareholder Date Signed:  Attest: By_  Lanie Meyers-Mireles, Prowers County DHS  Date Signed:    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 1/10/23 Submitter: Rose Pugliese  Submitted to the County Administration Office on: 12/29/22  Return Originals to: Jana Coen  Number of originals to return to Submitter: 0  Contract Due Date: N/A  Item Title/Recommended Board Action: PROWERS COUNIN,COLORADO  "CONSIDER ADOPTING AN ORDINANCE RESTRICTING OPEN FIRES, OPEN BURNING AND FIREWORKS IN THE UNINCORPORATED AREAS OF Justification or Background: Provide necessary changes ini relation to open fire, burning and  fireworks  Fiscal Impact: None, except publication costs Approved by the County Attorney on: 12/29/22 Additional Approvals (ifrequired): N/A  PLEASE ATTACH THIS SHEET TO ALL. AGENDA! ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.    Ordinance #2023-  AN ORDINANCE RESTRICTING OPEN FIRES, OPEN BURNING AND FIREWORKS IN THE UNINCORPORATED AREAS OF PROWERS  COUNTY, COLORADO  The Board of County Commissioners of Prowers County, Colorado, pursuant to Section 30-11-107, et seq., and Section 30-15-401, et seq., C.R.S., has the general power to adopt ordinances, resolutions, rules and other regulations as may bei necessary for the control or licensing of those matters of local concern, and to do all acts which may be necessary or expedient to promote the health, safety and welfare oft the citizens of] Prowers County, Colorado; and  Pursuant to Section 30-15-401 (1)(n.5), C.R.S., the Board has specific authority to adopt an ordinance banning open fires to a degree and in a manner that the Board deems necessary to reduce the danger ofwildfires within those portions ofthet unincorporated areas of Prowers County where danger of forest or grass fires is found to be high based on competent evidence; and  Pursuant to Section 30-15-401 (1)(n.7), C.R.S., the Board has specificauthorityi to prohibit Section 30-15-405, 406 and 407, C.R.S., provides the process for the Board of County The Sheriff of Prowers County (hereinafter "Sheriff") is authorized under the provisions of Section 30-10-512 and 30-10-513, C.R.S., to act as Fire Warden of Prowers County in case of grass or forest fires, and to assume charge thereof and to assist other governmental authorities in  orr restrict the sale, use and possession of fireworks; and Commissioners to utilize when adopting an ordinance; and  controlling or extinguishing forest or grass fires; and  Open fires and open burning can be a prime cause of forest and grass fires in Prowers The Sheriff and the Fire Chiefs throughout Prowers County have advised the Board that atmospheric conditions, including lack of moisture and other local conditions, may create a high danger of forest and grass fires in Prowers County, thereby making open fires, open burning and  County; and  fireworks hazardous within the unincorporated areas of Prowers County; and  The Sheriff and thel Fire Chiefs throughout Prowers County monitor fire weather conditions and fire danger ratings, such as the U.S. Forest Service and Colorado State Forest Service rating  systems; and  Changing atmospheric conditions require that fire restrictions need to be implemented The Board finds that competent evidence has been presented indicating that the danger of forest and grass fires in Prowers County is periodically high, and therefore it is necessary for the preservation oft the public health, safety and welfare of the citizens of Prowers County to impose  and/or released in ai timely manner; and    a restriction on all open fires, open burning and fireworks within the unincorporated areas of  Prowers County.  NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY  COMMISSIONERS OF PROWERS COUNTY AS FOLLOWS:  SECTION1: TITLE  This Ordinance shall be known and referred to as "AN ORDINANCE RESTRICTING OPEN FIRES, OPEN BURNING AND FIREWORKS IN THE UNINCORPORATED AREAS OF PROWERS COUNTY, COLORADO" and may  be cited and referenced as such.  SECTION 2: PURPOSE  The purpose of this Ordinance is to preserve and protect the public health, safety and welfare of the citizens of Prowers County, Colorado, by restricting open fires, open burning and fireworks in the unincorporated areas of Prowers County in order toj prevent forest and grass fires given the high danger ofsuch fires as ai result ofatmospheric conditions, including lack ofmoisture  and other local conditions in Prowers County. SECTION: 3: AUTHORITY  This Ordinance is authorized by various Colorado Statutes, including Part 1 ofArticle 11 of Title 30, and Part 4 of Article 15 of Title 30, and specifically Section 30-15-401(1)(n.5) and  (n.7), C.R.S.  SECTION4: INTERPRETATION  This Ordinance shall be interpreted and construed to effectuate its general purpose to preserve and protect the public health, safety and welfare of the citizens of Prowers County, Colorado, by restricting open fires, open burning and fireworks in the unincorporated areas of Prowers County in order to prevent forest and prairie fires given the high danger of such fires in Prowers County. Section headings and any cross references, ifany, oft this Ordinance shall not be deemed to govern, limit, modify or affect in any manner the scope, meaning or extent of the  provisions ofthis Ordinance or any section thereof. SECTION5: APPLICATION  This Ordinance shall apply throughout the unincorporated areas of Prowers County, including public, private, state and federal lands, and to any town or city which elects by ordinance or resolution to have the provisions thereof apply. This Ordinance shall not replace state or federal law that regulates certain types of burning, such as tires and construction materials.    SECTION6: DEFINITIONS  Fire Restriction Evaluation Guidelines: That set of competent evidence in use by federal, state and local fire suppresson/management agencies for monitoring fuel moistures, fire danger class, current impacts on suppression resources, current fire cause types, fire weather forecasts,  and other indicators of predicted fire danger.  Fireworks: As defined in Section 12-28-101 (3)(a), C.R.S., including any composition or device designed to produce a visible or audible effect by combustion, deflagration, or detonation, and that meets the definition of articles pyrotechnic, permissible fireworks (per Section 12-28-101  (8)(a)) C.R.S., or display fireworks.  Open fires: For purposes ofthis Ordinance, open fires shall be defined as any outdoor fire, including but not limited to bonfires, campfires, warming fires, charcoal grill fires, fires in wood- burning stoves, the use ofe explosives, outdoor welding or operating acetylene or other torch with open flame other than in an area cleared of all flammable materials, fireworks of all kinds or brands, burn barrels, and the prescribed burning of irrigation or drainage ditches, fence lines or  rows, fields, farmlands, rangelands, wild lands, trash and debris. person starts and that is intentionally used for forest management. Stage 1 Restrictions - Prohibits the following activities:  Open burning: For purposes oft this Ordinance, open burning shall be defined as fire that a  (1) Open fires and open burning, excepting fires and campfires within permanently constructed fire grates in developed campgrounds and picnic grounds, charcoal grills and wood burning stoves at private residences in areas cleared of all flammable materials, and those other xceptions/exemptions as set forth in Section  8h herein. C.R.S.  (2) The sale, use and possession of fireworks pursuant to Section 30-15-401 (I)(n.7), (3) Outdoor smoking except within an enclosed vehicle or building, a developed recreation site or while in an area of at least three feet in diameter that is barren or  cleared ofall flammable materials.  Stage 2 Restrictions - Prohibits the following activities:  (1) Open fires and open burning, other than those xceptions/exemptons as noted in (2) The sale or use ofi fireworks pursuant to Section 30-15-401 (1)(n.7), C.R.S.  Section 8 below.    (3) Outdoor smoking except within an enclosed vehicle or building, a developed recreation site or while in an area of at least three feet in diameter that is barren or  cleared ofa all flammable materials.  (4) Operating or using any internal combustion engine on public lands without a spark arresting device properly installed, maintained and in effective working order, (a) Department of Agriculture, Forest Service Standard 5100-la; or (b) Appropriate Society of Automotive Engineers (SAE) recommended (5) Welding or operating acetylene or other similar torch with open flame unless said work is performed in an area at least thirty (30) feet in diameter that is clear of flammable vegetation and unless the worker has ready access to ai fire extinguisher or water supply suitable to suppress any firet that results from the welding operation.  meeting either:  practice J335(b) and J350(a).  SECTION 7: UNLAWFULACTS  Its shall be unlawful for any person to build, maintain, conduct, attend or use an open fire or open burning, or to sell, use or possess fireworks, or to violate any restrictions set forth herein in the unincorporated area of Prowers County, including public, private, state and federal lands and in anyi incorporated town or city which elects by ordinance or resolution to have the provisions  herein apply.  SECTION 8: EXCEPTIONS/EXEMPTIONS The following shall not be in violation of Section 7:  (1) Commercial or community fireworks displays properly permitted. (2) Fires contained within liquid-fueled or gas-fueled stoves or grills.  (3) Indoor fireplaces and wood-burning stoves.  (4) Outdoor charcoal grills and wood-burning stoves during Stage 1 Restrictions providing they are at a private residence or commercial area and in an area cleared  ofall flammable materials including dry vegetation.  (5) Agricultural burning, with the recommendation that notice of burning be given to the Prowers County Dispatch before and after the open burning, and a permit  approved by the Rural Fire Chief.  (6) Persons with a permit specifically authorizing the otherwise prohibited act or  omission.    (7) Any federal, state or local law enforcement officer or member or an organized rescue or firefighting agency in the performance of an official duty. (8) Any further exemptions to either the meaning of terms or the enforcement of this Ordinance shall be granted in writing only by the Sheriff or the Sheriff's designee or for exemptions upon or within state or federal lands located within Prowers County, by the administering state or federal agency, and only if the proposed action is deemed by the Prowers County Sheriff or the Sheriff's designee, tol bes safe  and mitigable. to contain embers. unattended.  (9) Burning oftrash in barrels, receptacles or other containers, iffitted with ai top screen (10) All fires described in this Section 8 must be personally supervised and not left (11) The sale, use and possession of fireworks, including permissible fireworks, between May 31 and July 5 ofany year, unless there is an express finding ofhigh  fire danger based on competent evidence.  SECTION 9: DECLARATION OF AN OPEN FIRE BAN, OPEN BURNING BAN, The Prowers County Board of County Commissioners or the Prowers County Sheriff shall have the authority to declare an open fire, open burning and/or fireworks ban whenever the danger of forest and grass fires is found to be high, and without further proceedings or resolution. Any declaration of an open fire ban made pursuant to this section shall specify the Stage Level Restriction, the parameters of the ban, and the duration of the ban as deemed necessary and appropriate and shall be promptly published through a general press release to local radios and print media and shall be promptly posted on the Prowers County website. Likewise, when conditions indicate a reduction or increase in restrictions, or the suspension or release of  AND/OR FIREWORKS BAN  restrictions, the same notification to the public shall occur.  SECTION 10: ENFORCEMENT  This Ordinance shall be enforced by the Sheriff, through said Sheriff's Deputies, and/or any peace officer in and for the State of Colorado as described in Section 16-2.5-101, ,C.R.S., and they shall have authority to order any person to immediately cease any violation of this Ordinance. This authority shall include, but not be limited to, the right to issue a penalty assessment notice and the right to take such person or persons into temporary custody.  SECTION11: VIOLATIONS  Any person who violates this Ordinance commits a civil infraction and shall be punished by a fine of five hundred dollars ($500.00) for the first offense, seven hundred and fifty dollars    ($750.00) for the second offense and one thousand dollars ($1,000.00): for the third and subsequent offense(s). Thej penalty assessment procedures set out in $ 16-2.3-101, C.R.S. may be followed in enforcing this Ordinance. In addition to the penalties prescribed above, persons convicted ofa violation ofthis Ordinance shall be subject to a surcharge oft ten dollars ($10.00) that shall be paid tot the clerk oft the court by the defendant as provided by $30-15-402/2)a), C.R.S.  SECTION 12: DISPOSITION OF FINES  All fines paid for the violation ofthis Ordinance shall bei in negotiable funds made payable to Prowers County and submitted to the Prowers County Treasurer's Office. All fines for the violation of this Ordinance received by the County shall be remitted to the Prowers County Treasurer. and deposited into the general fund. All surcharge dollars shall be paid by the defendant to the Clerk of the Court and credited to the Victims and Witnesses Assistance and Law Enforcement Fund of the Fifteenth Judicial District of the State of Colorado pursuant to Section 30-15-402 (2) (a), C.R.S. The defendant shall also pay Court costs, including, but not limited to,  any surcharge required by law and Court Security Fee. SECTION 13: ADDITIONAL REMEDIES  The remedies provided in this Ordinance shall be cumulative and in addition to any other federal, state or local remedies, criminal or civil, which may be available. Nothing contained herein shall be construed to preclude prosecution under any applicable statute, including, but not limited to, prosecution under Section 18-13-109, C.R.S., or any applicable local, state or federal  statute, ordinance, rule, order, or regulation. SECTION 14: PUBLICATION  The foregoing text is the authentic text of Ordinance No. 2022-3. The first reading of said Ordinance took place on November 10, 2022 at a regular meeting of the Board of County Commissioners. It was published in full in the Lamar Ledger on December 15, 2022. The second reading of this Ordinance took place on January 10, 2023 at a regular meeting of the Board of  County Commissioners and was adopted on such date.  SECTION 15: EFFECTIVE DATE. AND SAFETY CLAUSE  The Board hereby finds, determines and declares that this Ordinance is necessary for the health, welfare and safety of the citizens of Prowers County, Colorado and, as an "emergency ordinance" shall take effect immediately upon the date of Adoption and shall remain in effect until such time as this Ordinance is amended by the Board, or enforcement ist temporarily suspended by  the Board, Sheriff or the Sheriff's designee. SECTION 16: SEVERABILITY  Should any section, subsection, clause, sentence or phrase of this Ordinance be adjudged by any Court of competent jurisdiction to be invalid, such invalidity shall not affect, impair or    invalidate the other provisions of this Ordinance which can be given effect without such invalid  provision.  SECTION 17: REPEAL OF CONFLICTING PROVISIONS  All former County ordinances, resolutions, rules or regulations, or parts thereof, in conflict  with this Ordinance are. hereby repealed, including Ordinance No. 2006-01.  ADOPTED this 10th day of. January, 2023, by the Board of County Commissioners of Prowers  County, Colorado.  Ron Cook, Chairman  Wendy Buxton-Andrade, Vice-Chairman Thomas Grasmick, Commissioner  ATTEST:  Jana Coen, County Clerk    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Datel Requested: 1/10/23 Submitter: Rose Pugliese  Submitted to the County Administration Office on: 12/29/22  Return Originals to: Jana Coen  Number of originals to return to Submitter: 0  Contract Due Date: N/A  Item Title/Recommended Board Action:  "CONSIDER ADOPTING AN AMENDMENT TOSECTION 603 OF THE  PROWERS COUNTY PERSONNEL HANDBOOK"  Justification or Background: Implement necessary amendments to the drug and alcohol portion  oft the Personnel Handbook Fiscal Impact: None  Approved by the County Attorney on: 12/29/22 Additional Approvals (ifr required): N/A  PLEASE ATTACH THIS SHEETTO. ALL AGENDA ITEMS WHEN SUBMITTING TO  COUNTY ADMINISTRATION.    AMENDMENT TO SECTION 603 OF THE PROWERS COUNTY PERSONNEL HANDBOOK  Add "Purpose" before the current policy.  Add the following:  A. WORKPLACE EXPECTATIONS  No employee may report for work or remain on duty while under the influence or impaired by alcohol, drugs, or controlled substances, including any drug defined as illegal under state or federal law. Any employee who violates this policy shall be subject to discipline, up to and including termination, and may be required to complete an alcohol or drug abuse The County may inform employees about the dangers of alcohol and drug abuse in the workplace, the County policy ofmaintaining an alcohol and drug-free workplace, available alcohol and drug counseling and rehabilitation programs, and penalties that may be imposed upon employees for alcohol and drug use and abuse. Employees who have questions or concerns about this policy or violations of this policy should contact their  assistance or rehabilitation program.  Direct Supervisor or Designee of the Board of County Commissioners. B. DRUG AND ALCOHOL TESTING FOR ALL EMPLOYEES  The County has a vital interest ini maintaining safe, health and efficient working conditions for its employees. Employees who are impaired by alcohol, marijuana, or any legal or illegal drug sO as to affect the performance ofjob duties may pose serious safety and health risks not only to themselves but also to other employees and the public. Employees are prohibited from being impaired by alcohol, marijuana, or any legal or illegal drug while in  the workplace or performing County business.  REASONABLESUSPICIONTESTING  Ifal Direct Supervisor suspects that an employee is impaired by alcohol, marijuana, or any legal or illegal drug while in the workplace or performing County business, the Direct Supervisor should notify the Designee oft the Board of County Commissioners. The Direct Supervisor and the Designee of the Board of County Commissioners will complete an impairment survey to document the indicators raising a reasonable suspicion that the employee is impaired by alcohol or drugs. Objective indicators raising a reasonable suspicion that the employee is under the influence of alcohol, marijuana, or any legal or illegal drug may include, but are not limited to, slurred speech, uneven gait, loss ofbalance or coordination, impaired mental functions, extremely dilated pupils, the smell of alcohol or marijuana, and evidence of alcohol, marijuana, or any legal or illegal drug on the employee's person or in the employee's work vicinity. Employees may be required to    submit to a urine test or other alcohol or drug screening where there is reasonable suspicion that the employee is impaired by alcohol, marijuana, or any legal or illegal drug in the workplace. Testing shall be conducted by the Designee of the Board of County Commissioners by a mobile medical facility on site or at a facility designated by the County. The employee must always be escorted to the screening site by two individuals, one of whom must be the Designee of the Board of County Commissioners. In no event  shall the employee be authorized to drive to the screening site.  D. DISCIPLINARY ACTION  Being impaired by alcohol, marijuana, or any legal or illegal drug while in the workplace or performing County business is a violation of County policy and may result in disciplinary action, up to andi including dismissal, even: foraf first offense. Refusal to submit to drug or alcohol testing may also result in disciplinary action, up to and including  dismissal. E.  DRUG AND/OR ALCOHOL REHABILITATION: TIME  Paid leave time taken for rehabilitation shall conform to current County leave policies. F. DRUG AND ALCOHOL1 TESTING FOR EMPLOYEES WITH  COMMERCIALI DRIVERSI LICENSES  1) In order to comply with the Hazardous Materials Transportation Act of 1987/88 and its implementing regulations (Section 43-6-108(1) C.R.S., 80 CCR 1507-9) and the Federal Motor Carrier Safety Regulations and Appendix E, Schedule II through V, the County adopts the following policy concerning drug and alcohol testing which shall be distributed to all County employees who are required to possess a commercial driver's license. County employees, who are subject to federal or state drug testing requirements, shall be informed of the drug testing requirements by their Direct Supervisors and provided a copy of this policy. Employees who are subject to this policy, shall bei tested for controlled substances as defined in 49 CFR Part 40 (marijuana, cocaine, opiates, amphetamines, phencyclidine (PCP)) and for alcohol. The employees subject tot this policy shall bes subject toi random, reasonable suspicion and post-accident testing. Random testing shall be conducted annually or on such other schedule prescribed by the State of Colorado or the United States Department of Transportation. Reasonable suspicion testing shall be permitted based on specific, contemporaneous, articulate observations concerning the appearance, behavior, speech or body odors ofthe driver, or anya additional criterion set forth in the Federal Motor Carrier Safety Regulations. Post-accident testing is required after any accident in which there is loss of human life, or a moving traffic violation is received by the employee. Testing shall be conducted at a facility designated by the County. All employees subject to this policy shall be given the    opportunity to report the use of prescription and over-the-counter drug use to the County and shall have the right to request aj portion oft the specimen to be retested, at the employee's expense, at a licensed laboratory chosen by the employee. 2) An employee who tests positive for controlled substances, as set forth ini the Federal Motor Carrier Safety Regulations, will be scheduled for aj pre-disciplinary hearing and may be subject to immediate termination without lesser disciplinary measures. 3) An employee who tests positive for alcohol will be scheduled for aj pre-disciplinary hearing and may be subject to immediate termination without lesser disciplinary measures. If the employee refuses to follow any disciplinary conditions for continued employment or refuses to submit to a drug or alcohol test, employment with the County will be terminated. All terminations shall comply with the procedural requirements ofthe Prowers County Personnel Handbook. 4) Paid leave time taken for rehabilitation shall conform to current Prowers County 5) Upon return to work, the employee will be subject to drug testing at any time for a period, not to exceed sixty (60) months. Any employee failing an alcohol test after completing a rehabilitation program may be subject to immediate termination. All terminations shall comply with the procedural requirements oft the Prowers County  policies.  Personnel Handbook. G. CONEIDENTIALINY  Direct Supervisors must thoroughly document all situations where reasonable suspicion of drugs or alcohol is found, and they must provide all records of observed behavior, test results, documentation of refusals, employee referrals to counseling, records related to process, and similar such documents to the Designee of the Board of County Commissioners. All drug testing information shall be maintained by the County in  confidential medical files, which shall be separate from personnel files.    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested:  Submitter: Michelle Hiigel, Land Use  Submitted to the County Administration Office on: Return Originals to: Michelle Hiigel, Land Use  Number of originals to return to Submitter: 2-1 Original 1 Copy  Contract Due Date: N/A  Item Tite/Recommended Board Action: Electrical Lines Crossing Easement Agreement Justification or Background: Twin Buttes Wind II, LLC requests an easement for the construction, installation, operation, and maintenance of an overhead transmission line and an underground electrical collector line serving the project, in their current, as-built locations on, over,  under, and across portions of property owned by Prowers County. Fiscal Impact: This itemi is budgeted in the following account code: N/A  Approved by the County Attorney on: 1/2/203 Additional Approvals (if required):  PLEASE. ATTACH THIS SHEETTO. ALL. AGENDAITEMS WHEN SUBMITTING1 TO  COUNTY ADMINISTRATION.  THANK YOU!    ELECTRICAL LINES CROSSING EASEMENT AGREEMENT  This Electrical Lines Crossing Easement Agreement (this "Agreement"), dated effective as of Decenbr Ru, 20 (the "Effective Date"), is entered into by and between the BOARD OF COUNTY COMMISSIONERS OF PROWERS COUNTY, COLORADO, a statutory county in and oft the State of Colorado, whose address for purposes hereofis 301 South Main Street, Suite 215, Lamar, Colorado 81052, ("Grantor") and TWIN BUTTES WIND I LLC, an Oregon limited liability company, whose address is 2701 NW Vaughn St., Suite 300, Portland, Oregon 97210 (Attn: Land Management) ("Grantee"). Each of Grantor and Grantee is sometimes referred to as a "Party" and  collectively as the "Parties."  RECITALS  A.  Grantor owns that certain real property consisting of the easternmost thirty (30) feet and  the northernmost thirty (30) of the East One-Half (Va) of Section 21 and the westernmost thirty (30) feet oft the West One-Half() of Section 22 and, Township 26 South, Range 45 West oft the 6th P.M., Prowers County, Colorado (the "Property"), which Property is currently improved by Grantor and in use by the  public as part ofCounty Road 16.  B. C.  Grantee owns and operates a wind energy project within the vicinity of the Property that Grantee desires to obtain from Grantor, and Grantor is willing to grant and convey to  isc commonly referred to as the "Twin Buttes IP" wind project (the "Wind Project").  Grantee, on the terms and conditions set forth in this Agreement a nonexclusive easement for the construction, installation, operation, and maintenance of an overhead transmission line and an underground electrical collector line serving the Project, in their current, as-built locations on, over, under, and across the portions oft the Property described below, together with a right of access to and from  such facilities.  AGREEMENT  NOW THEREFORE, for good and valuable consideration, the adequacy of which is  hereby acknowledged, Grantor and Grantee agree as follows:  1.  Grant and Description of Crossing Easements.  1.1 Grant. Grantor hereby grants and conveys to Grantee a nonexclusive, perpetual  easement (the "Crossing Easement") on, in, along, across and under those portions of the Property described by metes and bounds and depicted generally in Exhibit A attached hereto and incorporated herein by this reference (the "Easement Areas"), for the purpose of erecting, constructing, replacing, removing, inspecting, maintaining, operating, repairing and using, from time to time, (a) an overhead transmission line and related cables, wires, and conduit; (b) an underground collector line and related cables, wires, and conduit; and (c) any and all necessary and proper facilities, including additional equipment in any way related to or associated with any of the foregoing, for the transmission of electrical energy generated from the Wind Project (collectively, the Transmission Facilities"), together with the  Appurtenant Rights (as defined in Section 1.2).  1.2 Appurtenant Rights. In addition to the foregoing, Grantor hereby grants to  Grantee all related rights necessary or convenient for Grantee's use oft the Crossing Easement, including without limitation: (a) the right of ingress to and egress from the Transmission Facilities over, along and through the Property; (b) the right to keep the Easement Area and access thereto clear of all brush, trees,  1    timber or other hazards that in Grantee's reasonable opinion could interfere with the Transmission Facilities or Grantee's exercise ofi its rights hereunder; and (c) all other rights and privileges necessary and incidental to the full use and enjoyment oft the Crossing Easement for the purposes permitted in this  Agreement (all ofthe foregoing, the "Appurtenant Rights").  2. Nature of Easement; Overburdening.  2.1 Easement in Gross. The Crossing Easement is a commercial easement in gross  and shall run with the Property and be binding on Grantor and Grantee and their respective successors and assigns, but shall not be appurtenant to any land owned or controlled by Grantee. Grantor agrees that the Crossing Easement and Appurtenant Rights may continue to be used for the purposes described herein for the benefit of any property owned, leased, or otherwise occupied or used by Grantee and Grantee's successors, assigns, and tenants. The Parties agree that should Grantee or Grantee's successors or assigns permanently cease to use the Property (as evidenced by removal of Grantee's facilities located within the Crossing Easement or permanent discontinuance of operations of the Wind Project), that the Crossing Easement shall cease, effective on the date Grantee or Grantee's successors and assigns have sO permanently ceased use of the Property, and Grantee or Grantee's successors or assigns shall execute the  quitclaim deed as set forth in Section 2.2 oft this Agreement.  2.2 Overburdening. Grantor hereby agrees that (a) no use of or improvement to the  Easement Area and (b) no apportionment, assignment or granting of a subeasement thereof shall, separately or in the aggregate, constitute an overburdening of the Easement. Area. No act or failure to act on the part of Grantee or any subsequent holder of the Crossing Easement shall be deemed to constitute an abandonment, surrender or termination thereof, except upon recordation by such holder ofa quitclaim deed or other instrument oft termination specifically conveying the Crossing Easement back to Grantor.  3.  AssimmentMortsage  3.1 Right to Assign. Grantee shall, upon written notice to Grantor, but without  Grantor's consent or approval, have the right, without Grantor's consent, to sell, convey, lease, transfer or assign all or any portion of the Crossing Easement, this Agreement, or the Transmission Facilities on either an exclusive or non-exclusive basis, or to apportion, grant sub-easements, co-easements, separate easements, leases, licenses or similar rights, however denominated, to one or more persons or entities. Any member of Grantee shall have the right without Grantor's consent to transfer any membership  interest in Grantee to one or more persons or entities.  3.2 Right tol Mortgage. Grantee may, upon notice to Grantor, but without Grantor's  consent or approval, mortgage, collaterally assign, or otherwise encumber and grant liens and security interests in all or any part ofi its interest in this Agreement, the Crossing Easement, the Easement Area and the Transmission Facilities (collectively, the Transmission Facilities Assets"), which security interests in all or a part of the Transmission Facilities Assets are collectively referred to herein as "Mortgages" and the holders of the Mortgages, their designees and assigns are referred to herein as "Mortgagees." Grantor agrees to consent in writing to such financing documents as may be reasonably required by Mortgagees in connection with any financing of or involving the Transmission Facilities Assets. As a precondition to exercising any remedies related to any alleged default by Grantee under this Agreement, Grantor shall give written notice of such default to each Mortgagee at the same time it delivers the notice to Grantee, specifying in detail the alleged default and the required remedy. Each Mortgagee shall have the same amount of time to cure the default as to Grantee's entire interest or its partial interest in the Transmission Facilities Assets as is given to Grantee and the same right to cure any default as Grantee or  to remove any property of Grantee or its assigns.  2    4.  Indemmification of Grantor. Grantee or Grantee's successors or assigns shall indemnify  and hold harmless Grantor against all claims, actions, proceedings, costs, damages, liabilities, including reasonable attorney's fees and costs, incurred by Grantor arising directly out of Grantee or Grantee's  successors' and assigns' use ofthel Property.  5.  Insurance. For the benefit of Grantor, Grantee or Grantee's successors and assigns shall  provide and maintain liability insurance coverage for property damage and personal injury resulting from Grantee or Grantee's successors and assigns' use of the Property. Such liability insurance shall be in an amount of not less than $1,000,000 per incident. Grantee or Grantee's successors and assigns shall provide, upon reasonable request from Grantor, proof of the insurance coverage required by this Section rights as a governmental entity including, but not limited to, governmental immunity and damages  5.  6. 7.  Statutory Entity. Grantor is a statutory county in the State of Colorado and reserves all  limitations as provided by law.  Public Records. In the event Grantor receives aj public records demand pursuant to the  Colorado Open Records Act for copies of documents related to the Project which are or may be confidential, or may otherwise be subject to nondisclosure, Grantor shall give written notice by facsimile and/or email to Grantee or Grantee's successors or assigns who shall notify Grantor, in writing by facsimile and/or email, within one (1) business day ifa any documents requested as a public record should not be disclosed. If Grantee or Grantee's successors or assigns assert a claim ofr nondisclosure, Grantee or Grantee's successors or assigns shall bear the cost ofall matters related to the nondisclosure. receive or be paid any benefit that may arise from this Agreement in violation of Article 20 of the Colorado Constitution. Grantee warrants that it has not paid or agreed to pay any fee, commission, percentage, gift or any other consideration contingent upon or resulting from this Agreement.  8.  Officials Not to Benefit. No official or employee of Grantor shall directly or indirectly  9.  Governmental Immunity. Notwithstanding any other provision of this Agreement to  the contrary, no term or provision oft this Agreement shall be construed or interpreted as a limitation to or waiver by Grantor of any applicable provisions of the Colorado Governmental Immunity Act, $24-10- 101, et seq., C.R.S., as now or hereafter amended; $24-30-1501, et seq., C.R.S., as now or hereafter amended, and any other immunity statute. Any provisions ofthis Agreement, whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified sO as to limit any liability of 10. Authority. Grantor and each person signing this Agreement on behalfof Grantor has the full and unrestricted right and authority to execute this Agreement and to grant to Grantee the Crossing  Grantor as provided by said laws.  Easement and other rights granted hereunder. 11. Miscellaneous.  11.1 Complete Agreement. This Agreement is the final and complete agreement 11.2 WAIVER OF CONSEQUENTIAL DAMAGES. NOTWITHSTANDING  between the Parties concerning the Crossing Easement.  ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AND ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW, NEITHER PARTY SHALL BE ENTITLED TO, AND EACH OF GRANTOR AND GRANTEE HEREBY WAIVES ANY AND ALL: RIGHTS TO RECOVER, CONSEQUENTIAL, INCIDENTAL, AND PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER ARISING, WHETHER IN CONTRACT, IN TORT, OR OTHERWISE, UNDER OR WITH RESPECTTO. ANY ACTION TAKENI IN CONNECTION WITHTHIS AGREEMENT.  3    11.3 Notices. Notices allowed or required hereunder shall be in writing and shall be  effective when served upon the Party to whom such notice is directed, or, if mailed, two days after such notice is deposited in the United States mail, certified or registered, correct postage prepaid, and addressed to a Party at its respective address as set forth in the preamble to this Agreement, or at such other address as such Party shall notify the other Party in accordance with this Section5 5.3.  11.4 Legal Matters. This Agreement shall be governed by and interpreted in  accordançe with the laws of the State of Colorado. If the Parties are unable to resolve amicably any dispute arising out of or in connection with this Agreement, they agree that such dispute shall be resolved any provisions of this Agreement shall not render the other provisions hereof unenforceable, invalid or illegal. This Agreement shall bind and inure to the parties and their respective successors and assigns. shall execute such additional documents or instruments, and shall undertake such actions as are necessary and appropriate to effectuate the intent oft this Agreement. Grantee has the right, at its expense, to record  in thel Prowers County, Colorado courts.  11.5 Severability and Parties Bound. The enforceability, invalidity, or illegality of  11.6 Further Acts and Assurances: Recording. Each Party hereby agrees that each  this Agreement in the official real property records of] Prowers County, Colorado.  11.7 Counterparts. This Agreement may be executed in counterparts, each of which  shall be deemed an original and all of which when taken together shall constitute one and the same  document.  [SIGNATURE PAGES FOLLOW]  4    IN WITNESS WHEREOF, the Parties have executed this Agreement as oft the Effective  Date,  GRANTOR:  BOARD OF COUNTY COMMISSIONERS OF PROWERS COUNTY, COLORADO  By  Thomas Grasmick, Chair Ron Cook, Vice-Chair  By  By  Wendy Buxton-Andrade, Commissioner  ATTEST: By  Jana Coen, Prowers County Clerk  GRANTEE:  TWIN: BUTTES WIND: II LLC, an Oregon limited liability company fuidey  By: Printed Name: Title:  Authorized Representative  n By: Printed! Name; Title:  Bs2  5    STATE OF OREGON County of Multnomah  )  )ss. )  This instrument was acknowledged before me on Peceber 2v 2022, by. Chen Travy, as AtL-ve Repveakne ofTWIN BUTTES WINDIILLC, an Oregon limited liability  Autl-t Reprbrtke and Hestler PyneL  as  company, on its behalf.  OFFICIAL STAMP ANDREW JOHNI KAISER NOTARY PUBLIC-OREGON COMMISSIONI NO. 1005745A MY COMMISSION EXPIRES DECEMBERO 02,2 2024  Oregon expires!_  My commission  Drwhe  12,20r    6    EXHIBIT. A  EASEMENT AREA DESCRIPTION, AND DEPICTION OF CROSSINGS  e2018 Woslwood Professiond! Services, Inc.  4 i1  235E 262159 REFDI N. LINE OF 2" ALUMINUM SEG.22 CAP (FOUND)  COUNIY ROADK P.O.B. 2'ALUMANIRACAR STAMPED "LS 37939" (FOUND)  NECORNER-  N/4 CORNER OF SEC.22  COUNTY OF PROWERS OFSEC21 CALLED: 30 FEET BK. 153, PG. 142 N. LINE OF SEC. 21  PROPOSED 60 COUNTY CROSSING EASEMENT 3.64 ACRES (158,555 S.F.)  R-PUG BAILEY'S INC. CALLED: NW/4 BK.506, PG. 677  601  JOHN R. STULP AND JANE C. STULP CALLED: E/2 OF NE/4 SEC. 19, N/2 SEG, 20, N/2_SEC.21 REC. NO. 490119  COUNTY OF PROWERS CALLED: 30 FEET BK. 153, PG. 136 Line Table Line # Length Direction 41 30.00 N87°52'35'E L2 30.00 $88°05'56"W L3 30.00 $87°55'23"W L4 30.00 N87054'21"E  LINE OF-- SEC. 21  COUNTY OF PROWERS- d CALLED: 30 FEET BK. 153, PG.142  587°5523W 5288.40 2" ALUMINUM AND JANE C. STULP CAP (FOUND) CALLED: S/2 SEC. 20, W/4 CORNER DE SEG.27. REC. NO. 490119 NOTES. BEARNGS BASED UPGN COLORADO STATE PLANES COORDNATE SYSTEM SOUTHERN ZGNE NAD 83 (2011) 2. DISTANCE. AREAS AND CGODWATES ARÉ GRO VALVES. LEGEND P.OR. = POINT GF BEGNNNG o MOVUMENT 5/8" IRON ROD FGUND WTH YELLOW CAP STAMPED "MESTWOOD PS R-PUG-- DENOTES PGHER UNDERGEOUND R-PCH-= DENOTES FGIER OVERHEAD  L3-1 L2  JOHN R. STULP S/2SEC. 21  BAILEY'S INC. CALLED: SW/4 BK. 506, PG. 677 -  Sheet: 1 OF 2 Date: 07/15/2019    That part of Section 21, Township 26 South, Range 45 West and Section 22, Township 26 South, Range Beginning at a 2-inch aiuminumn cap stomped 1S 37939'found for the northeast corner of said THENCE North 87 degrees 52 minutes 35 seconds East, along the north line of said Section 22 a distance of 30.00 feet, from which a 2-inch aluminum cap found for the north quarter corner of soid Section 22 bears North 87 degrees 52 minutes 35 seconds East, a distance of 2,62.3.59 feet; THENCE South 2 degrees 3 minutes 41 seconds East, a distance of 2,642.68 feet; THENCE South 88 degrees 5 minutes 56 seconds West, a distance of 30.00 feet;  45 West all in Prowers County, Colorado: Section 21, said point being the POINT OF BEGINMING;  THENCE South 87 degrees 55 minutes 23 seconds West, a distance of 30.00 feet, from which a 2-inch oluminum cap found for the west quarter corner of said Section 21 bears South; 87 degrees 55 minutes THENCE North 2 degrees 3 minutes 41 seconds West, a distance of 2,642.55 feet to the north line of said Section 21, from which a set 5/8-inch iron rod with yellow cap. stomped "Westwood P5"beors South 87 degrees 54 minutes 21 seconds West, a distance of 2,623.35 feet; THENCE North 87 degrees 54 minutes 21 seconds East, a distance of 30.00 fest to the POINT OF BEGINNING ond containing 158,555 squore feet or 3.64 acres of land, more or less.  23 seconds West, a distance of 5,288.40 feet:    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 1/10/23 Submitter: Rose Pugliese  Submitted to the County Administration Office on: 1/4/22  Return Originals to: Jana Coen  Number of originals to return to Submitter: 0  Contract Due Date: N/A  Item Title/Recommended Board Action: County in relation to 1041 Regulations.  Consider setting gapublic hearing onl February 21,2023 to consider approval of Amendments to the Guidelines and Regulations for Areas and Activities of State Interest of Prowers Justification or. Background: Provide necessary changes in relation to 1041 Regulations.  Fiscal Impact: None, except publication costs Approved by the County Attorney on: 1/3/22 Additional Approvals (if required): N/A  PLEASE. ATTACH THIS SHEET TO ALL. AGENDA ITEMS WHEN SUBMITTING TO  COUNTY ADMINISTRATION.    Proposed Amendments to the Guidelines and Regulations for Areas and Activities of State  Interest of Prowers County  Amendment #1: 1.105 Exemptions. Add:  (6) The specific development or activity is to be on land wherein pivot corners of a property are  10 acres or less. Amendment #2: 1.110 Definitions.  (9) Pivot Corners: that portion oft the land in center pivot irrigation that is not touched by irrigation  water and has no agricultural production value or benefit.  *Renumber 9 to 10 Amendment #3:  1.307 Adoption ofDesignation and Regulations.  Add:  (2)(e) The balance of private property rights oft the property owner with the mitigation of] harm to  the neighboring property(ies). Amendment #4: Current Language: 2.402 Financial Security.  (1) Before any permit is issued, the Permit Authority may, in its discretion, require the applicant to file a guarantee of financial security deemed adequate by the Permit Authority and payable to  the County ofl Prowers.  Add:  Prowers County may require, as a condition of the permit, that the financial security shall be reviewed annually and adjusted, in the Permit Authority's discretion, in consultation with the  applicant. Amendment #5:  Repeal the current language of Section 6.303(3) and replace with the: following language:  6.303 Submission Requirements.    (3) Wind Energy Facilities must meet the standards set forth in Section 18(w), Supplementary Regulations of the Prowers County Zoning Regulations. Applicant shall pay all  fees associated with these 1041 Regulations.  Amendment #6:  Ai new Section 6.303(4) shall be added to Chapter 6, Article 3, with the following language: (4) Solar Energy Facilities must meet the standards set forth in Section 18(x), Supplementary Regulations of the Prowers County Zoning Regulations. Applicant shall pay all  fees associated with these 1041 Regulations.    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 1/10/2023 Submitter: Department ofHuman Services  Submitted to the County Administration Office on: 12/30/22 Return Originals to: Department of] Human Services Number of originals to return to Submitter: 1  Contract Due Date: N/A  Item Title/Recommended Board Action:  "Consider approval of Prowers County Department of] Human Services Credit Card Authorization Request for Human Resources Manager Amanda Morales and Discontinuing Credit Card  Authorization for former Human Resources Manager Celia' Tamayo."  Justification or Background:  Fiscal Impact: County: $ Federal: $ State: $ Other: $  Approved by the County Attorney on: Additional Approvals (if required):  PLEASE ATTACH THIS SHEETTO. ALL AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    PROWERS COUNTY DEPARTMENT OF HUMAN SERVICES CREDIT CARD AUTHORIZATION. REQUEST  Date: January 10, 2023  The employees listed below are authorized for issuance ofa a credit card for county business usage. They understand and will comply with the county policy regarding such cards, and are  authorized for the amounts listed: Employee Name JOB TITLE Amanda Morales HR  Amt. Authorized  Purpose of Authorization Date (Completed Issued by  Business office)  $1,000.00 Registration Fees,  Manager/Security Administrator  Supplies, Travel Expense, Food, Fingerprint Background Checks, etc.  The employees listed below are no longer authorized for a county credit card. The cardi is  attached and the authorization should be discontinued the date listed.  Employee Name JOB TITLE Celia Tamayo HR  Credit Card Acct. # X8088  Authorization End Date This card will be cancelled upon receipt oft the new HR Managers card.  Date (Completed Canceled by Business Office  Manager/Security Administrator  wnMwWo Department Head Signature HumenSnacs Oftice/Department  123022 Date  Approved: Chair  Date  Prowers County Board of Commissioners    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested:  1-10-2023 - New Business  Submitter:  Jana Coen/Clerk & Recorder  Submitted to the County Administration Office on: 12-30-2022  Return Originals to:  2  Number of originals to return to Submitter:  1  Contract Due Date:  N/E  Item Itle/Recommended Board Action:  Consider approval of a Credit Card Authorization Request for Elizabeth Hainer as  Deputy County Clerk & Recorder in the amount of $1,000.00.  Justification or Background:  Annual adoption for Road and Bridge Department.  Fiscal Impact: This item is budgeted in the following account code:  County:  Federal: $  State: $  Other: $  Approved by the County Attorney on: Additional Approvals (if required):  PLEASE ATTACH THIS SHEET TO. ALL AGENDA ITEMS WHEN SUBMITTING" TO  COUNTY ADMINISTRATION.  THANK YOU!    PROWERS COUNTY  CREDIT CARD AUTHORIZATION REQUEST  Date: 12-30-22  The employees listed below are authorized for issuance of a credit card for county business usage. They understand and will comply with the county policy regarding such  cards, and are authorized for the amounts listed:  Employee Name Elizabeth Hainer  SSN#  Amt. Authorized $1,000  Purpose of Authorization Date Issued Deputy Clerk/new position  (Completed Adm. Office) by  The employees listed below are no longer authorized for a county credit card. The card is  attached and the authorization should be discontinued the date listed.  Employee Name Beatrice Romero  SSN#  Credit Card Acct #  Authorization Date Cancelled  End Date  Office) (Completed by Adm.  AtA QOA Signature County Clerk Title  Clerk & Recorder Office/Department Approved:  Date:  Chairman  Prowers County Board of Commissioners    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested:  1-10-2023  Submitter:  Tamara Nickelson, Budget Officer  Submitted to the County Administration Office on: 1-4-2023 Return Originals to: Jana Coen & Tamara Nickelson Number of originals to return to Submitter: 1  Contract Due Date:  Item Ttle/Recommended Board Action:  Consider approval of a Resolution to Transfer 2022 Revenue between Sales Tax Fund  to County General Fund in the amount of $500,000.00  Justification or Background: Funds listed in the 2022 Budget Fiscal Impact: This item is budgeted in the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on: Additional Approvals (if required):  1-4-2022  PLEASE ATTACH THIS SHEET TO ALL. AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    RESOLUTION TO TRANSFER REVENUE BETWEEN FUNDS  Resolution No. 2023-.  Ar resolution transferring sums of money to the various funds and spending  agencies for Prowers County, Colorado, for the 2022 budget year.  WHEREAS, the Board of County Commissioners has adopted the annual budget in accordance with the Local Government Budget Law, on December 7, 2021, and;  WHEREAS, the Board of County Commissioners has made provision for revenues WHEREAS, it is sometimes necessary to transfer revenues from one fund to  in the various funds, and;  another, and;  NOW, THEREFORE, LET IT BE RESOLVED by the Board of County Commissioners  of Prowers County, Colorado:  That the following sums are hereby transferred from the revenue of each fund,  to each fund:  Debit $500,000.00  Credit  Sales Tax Fund ACCT #0900 County General Fund ACCT #0010  $500,000.00  ADOPTED this 10th day of January 2023  BOCC Chairman  ATTEST:  BOCC Vice-Chairman  Jana Coen, County Clerk  Commissioner    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 01/10/2023 Submitter: Mark Westhoff  Submitted to the County Administration Office on: 01/04/2023  Return Originals to: Jana Coen  Number of originals to return to Submitter: 1 Contract Due Date: 01/10/2023  Item Title/Recommended Board Action: Consider approval of Purchase of Services Contract between the Board of County Commissioners of Prowers County and Mirage Technologies forl IT Justification or Background: Mirage Technologies currently provides IT contracting services to Prowers County and has provided a contract to continue those services in 2023. Fiscal Impact: This item is budgeted in the following account code:  Services for ai term of. January 1, 2023 through December 31, 2023.  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on: Additional Approvals (if required):  PLEASE. ATTACH THIS SHEET TO. ALL. AGENDA ITEMS WHEN SUBMITTING TO  COUNTY ADMINISTRATION.  THANK YOU!    PURCHASE OF SERVICESCONTRACT PROWERS COUNTY, COLORADO  THIS CONTRACT entered into effective the Ist day of January, 20231 by and between by and between the Board of County Commissioners of Prowers County ("County"), and Mirage Technologies, FEIN #81-1900227, with address for notice of 1006 South Main Street, Lamar,  CO 81052(Contractor).  WITNESSETH,  Whereas, the parties wish to enter into an Independent Contractor Agreement whereby Contractor will furnish certain services to Prowers County upon the terms and conditions  hereinafter set forth,  NOW THEREFORE, in consideration of the mutual promises and covenants contained 1. Term. This contract will be effective from January Ist, 2023, date until December 31,2023. Notwithstanding the provisions oft this paragraph 1, either party to this Agreement may  herein and other good and valuable consideration, the parties hereto agree as follows:  terminate this Agreement upon 30-day's written notice to the other party.  2.  Services by Independent Contractor. Independent Contractor agrees toj provide IT  support, computer maintenance, troubleshooting and support, networking maintenance, troubleshooting and support for Prowers County's staff on an on-call basis at times and locations  designated by Prowers County.  3.  Contract Price. Prowers County will pay Independent Contractor at the rate of  $65.00 per hour for Contractor's actual time provided during standard time between 6:00 a.m. and 6:00 p.m. and at the rate of $75.00 per hour for Contractor's actual time provided during off-hour time between 6:00 p.m. and 6:00 a.m. Any days Prowers County deems as required for Contractor tor remain on call will be billed at the agreed upon rates with a minimum of$150.00 per day. obligated to pay all federal and state income tax on all money earned while performing services  4. for Prowers County. 5.  Taxes. Independent Contractor understands that Independent Contractor is  Indemnify. Independent Contractor agrees toi indemnify and hold harmless Prowers  County from any action based upon or arising out of damage ori injury, including death, toj persons or property caused or sustained in connection with the performance of this contract or by conditions created thereby, or based upon any violation of any statute, regulation, and the defense of such claims or actions. Independent Contractor waives any and all claims against Prowers  County. 6.  Insurance. It is understood that Independent Contractor will furnish its own  insurance and will not be eligible for insurance maintained by Prowers County for its employees,    including health insurance, workers' compensation insurance, unemployment insurance, life  insurance and all other benefits afforded employees.  7.  Independent Contractor. Independent Contractor certifies under penalty of perjury  that it is an independent contractor and is not an employee of Prowers County. Independent Contractor further certifies that Prowers County does not require Independent Contractor to work only for Prowers County, Prowers County does not establish a quality standard for the individual except that Prowers County may provide plans and specifications regarding work but cannot oversee the actual work or instruct Independent Contractor as to how work will be performed, Prowers County does not pay. Individual Contractor a salary or an hourly rate but rather a fixed or contract rate as above set forth, Prowers County does not terminate the work of the service provided during the contract period unless Independent Contractor violates the terms of this contract or fails to produce ai result that meets the specifications oft this contract, Prowers County does not provide any training for Independent Contractor, Prowers County does not provide tools or benefits to Independent Contractor except that materials and equipment may be supplied, Prowers County does not dictate the time of performance except that a completion schedule and a range of agreeable work hours may be established, Prowers County does not pay Independent Contractor personally but rather payments will be made to the trade or business name of Independent Contractor and Prowers County does not combine the business operations in any way with Independent Contractor's business operations instead of maintaining all such operations separately and distinctly. Independent Contractor further understands that in the event ofi injury Independent Contractor will not be entitled to any workers' compensation benefits and that Independent Contractor is required toj provide Workers' Compensation Insurance for it and for all workers that Independent Contractor hires. Proof of coverage of Workers' Compensation Insurance shall bej provided by Independent Contractor tol Prowers County upon execution hereof. Independent Contractor agrees to execute any documents which may be required by the Workers' Compensation Insurance carrier of Prowers County to certify this Independent Contractor  Agreement.  The Contractor shall perform its duties hereunder as an Independent Contractor and not as an employee, neither the Contractor nor any agent or employee oft the Contractor shall be or shall be deemed to be an agent or employee of Owner. Contractor shall pay. when due all required employment taxes and income tax and local head tax on any monies paid by Owner pursuant to this contract. Contractor acknowledges that the Contractor and its employees are not entitled to unemployment insurance benefits unless the Contractor or third party provides such coverage and that Owner does not pay for or otherwise provide such coverage. Contractor shall have no authorization, express or implied, to bind Owner to any agreements, liability, or understanding except as expressly set forth herein. Contractor shall provide and keep in force workers' compensation (and provide proofofsuch insurance when requested by Owner)andi unemployment compensation insurance in the amounts required by law, and shall be solely responsible for the  acts oft the Contractor, its employees and agents.  8.  Special Provisions. Independent Contractor agrees not to assign any provision of  this contract to a subcontractor, unless approved in writing in advance by Prowers County, and to provide Prowers County withi reports and maintain records on the provision of services.  9.  Warranties of Contractor. Contractor represents and warrants that it will perform  the work with reasonable care and: skill, and that the services and materials provided by Contractor  2    to Prowers County pursuant to this Agreement will not infringe on or violate any intellectual  property rights or other right of any third party.  10. Termination. Either party may terminate this contract with or without cause at any time. In the event of such termination, Independent Contractor will be paid for its services to the  date oftermination.  11. Statutory County. Prowers County, Colorado, which is a statutory county in the State of Colorado, reserves all rights as a statutory entity, including governmental immunity as  provided by law. Prowers County.  12. Assignment. Company may not assign this contract without the written consent of 13. Venue. Jurisdiction for any dispute under this agreement shall be exclusively in the Prowers County, Colorado District or County Court sitting without jury in Lamar, Colorado, and the court shall award to Prowers County, ifiti is the substantially prevailing party, its attorney  fees, expert witness fees, court costs and any other litigation expense. current fiscal year is subject to appropriation as provided by law.  14. Appropriation. Any monetary obligation of Prowers County payable after the 15. Public Record. In the event Prowers County receives a public records demand pursuant to the Colorado Open Records Act for copies of documents which are or may be confidential, or may otherwise be subject to non-disclosure, Prowers County shall give written notice by facsimile and/or email to Company. Company shall notify Prowers County in writing by facsimile and/or email within 3 working days of notification ifany documents requested as a public record should not be disclosed. The Company shall indemnify and hold harmless Prowers County as provided in Paragraph 6 for any public record requests where the Company requests  Prowers County not to disclose such records.  16. Illegal Aliens. Company certifies that Company shall comply with the provisions ofC.R.S. 8-17.5-101 et seq. Company shall notl knowingly employ or contract with an illegal alien top perform work under this contract or enter into a contract with a subcontractor that fails to certify to Company that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Company represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (i) otherwise will comply with the requirements of C.R.S. 8-17.5- 102(2)(b). Company shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by Colorado Department ofLabor and Employment. If Company fails to comply with any requirement of this provision or C.R.S. 8-17.5-101 et seq., Prowers County may terminate this contract for breach and Company shall bel liable: for actual and  consequential damages to Prowers County.  17. Officials Not Tol Benefit. Noo official or employee of Prowers County shall directly or indirectly receive or be paid any share or part oft this Agreement or any benefit that may arise therefore in violation of Article 29 ofthe Colorado Constitution. Company warrants that it has not  3    retained any company or person (other than a bona fide employee working solely for Company) tos solicit ors secure this Agreement, andi that Company has not paid or agreed toj pay toa any company or person, (other than a bona fide employee working for Company), any fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or resulting from the awardofthis. Agreement to Company. Upon discovery ofany breach or violation ofthis provision,  Prowers County shall have the right to terminate this Agreement.  18. Confidentiality. Neither party to this Agreement shall use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. The obligation will not apply to information which the recipient can provide was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence oft the recipient or which isi independently developed by or fori the recipient. 19. Binding Effect. This Agreement is binding upon the parties and their respective successors and permitted assigns. This Agreement is only for thel benefit ofthe parties hereto, and no third party shall have any right, claim or interest hereunder. There is no implied covenant of good faith and fair dealing in this Agreement, rather it will be enforced as written.  BOARD OF COMMISSIONERS, PROWERS COUNTY, COLORADO  INDEPENDENT CONTRACTOR:  By_  Ron Cook, Chairman  LR Contractor's Signature  Date signed:  By  sy/aozs  Wendy Buxton-Andrade, Vice-Chairman  By  Tom Grasmick, Commissioner  ATTEST: By  Jana Coen, Clerk Date signed:  4    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: January 10, 2023 Submitter: Meagan Hillman, PCPHE Director  Submitted to the County Administration Office on: 01/04/2023 Return Originals to: Meagan Hillman PCPHE Director Number of originals to return to Submitter: 2 Contract Due Date: Effective 1/1/2023  Item Title/Recommended Board Action: Environmental Health Services Agreement for Baca County, Amount $5,871.00 for 2023 services. Commissioners requested to sign. Justification or Background: Annual agreement for PCPHE to provide EH services for Baca  County County: $  Fiscal Impact: Thisi item is budgeted in the following account code:  Federal: $  State: $  Other: $  Approved by the County Attorney on: Additional Approvals (ifrequired):  PLEASE ATTACH THIS SHEET TO ALL AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    Prowers County Public Health & Environment  1001 S, Main Street Lamar, CO 81052 Phone: (719)336-8727 Fax: (719)336-9763  PublicHealth P-rve "TIRL  wwwprowersounty.net  THIS AGREEMENT is made and entered into this 22-day of Dec 2022, by and between Prowers County, Colorado, c/o Prowers County Public Health and Environment, and Baca County, Colorado, c/o Baca County Public Health Agency (BCPHA) by and through its Board of Health (BOH).  WITNESSETH  WHEREAS, the Colorado Department of Public Health and Environment and the State Board of Health require local public health agencies to provide certain public heaith services to their citizens; said  services may include but are not limited to:  *Food safety and sanitation programs *Water quality programs *All hazards planning *Zoonosis programs  *Housing and institutional sanitation, safety monitoring, and protection  Environmental compliance and community safety *Recreation sanitation and safety programs *Air quality monitoring and protection; and  WHEREAS, BCPHA is interested in contracting with a qualified provider to deliver these public health  services to the residents of Baca County; and  WHEREAS, PCPHE desires to provide those services to the residents of Baca County,  NOW, THEREFORE, in consideration oft the premises and mutual covenants contained herein, the  parties hereto covenant and agree as follows:  1.  TERM  This Agreement shall be in effect for the period January 1, 2023 through December 31, 2023.  2.  RESPONSIBILITIES  PCPHE shall perform the required activities as outlined in the Environmental Health Services Scope of BCPHA shall work collaboratively with PCPHE to ensure completion of all of the required deliverables  Work, included as Exhibit1. within each scope of work.    3.  COMPENSATION AND PAYMENT-E ENVIRONMENTAL HEALTHS SERVICES  a. PCPHE: shall bill BCPHA at flat fee of $5,871 for CY 2023 for approximately 70 hours of service for any environmental health services rendered to Baca County or its citizens. The hourly rate for the initial term oft this agreement: shall be $80.00 per hour, regardless ofv which PCPHE employee performed the services, at an annual rate not to exceed $5,871. No additional indirect rate shall be charged by PCPHE for environmental health services. All revenues received from state or federal sources for provision of these services, and any fees collected in performance of them, unless passed through to any other agency as required by state or federal law, or CDPHE rules and regulations, shall be retained by PCPHE. Such fees shall be established by the BCPHA, in b. PCPHE staff will document hours and activities spent on environmental health services for Baca County; these hours and activities will be documented and submitted to the BCPHA semi- . PCPHE shall submit an annual invoice to BCPHA by February 15, 2023 in the amount of $5,871. d. BCPHA shall submit payment to PCPHE within thirty (30) days after receipt oft the invoice. INDEPENDENT CONTRACTOR STATUS, PAYMENT OF TAXES AND INSURANCE COVERAGE a. In performing services under this Agreement PCPHE is acting as an independent contractor and b. As an independent contractor, PCPHE is solely liable and responsible for maintaining workers' compensation insurance which complies with statutory requirements in the State of Colorado, unemployment insurance benefits, and the withholding and payment of any and all federal, state and local taxes applicable to the receipt of funds or other consideration by BCPHA under  accordance with state or federal law, or CDPHE rules and regulations.  annually and an annual summary will also be provided.  4.  not as an agent or employee of BCPHA.  the terms of this Agreement.  5.  INSURANCE  Inp pertorming services under this Agreement, PCPHE shall maintain professional liabilityinsurance and workers' compensation insurance coverage provided by an insurance carrier licensed to do business in the State of Colorado. PCPHE shall maintain liability coverage on all PCPHE motor vehicles used in the performance of this Agreement, in amounts required by Colorado law. Appropriate certificates  evidencing all such coverages shall be provided tol BCPHA upon request.  6.  NON-ASSIGNMENT  Neither this Agreement nor any interest therein, nor any claim thereunder, shall be assigned by PCPHE  to any third person without the prior written consent of BCPHA.  2    7.  OFFICIALS NOT TO BENEFIT  No elected or employed member of either party to this Agreement shall directly or indirectly receive or be paid any share or part oft this Agreement or any benefit that may arise therefore. PCPHE warrants that it has not retained any company or person (other than a bona fide employee working solely for PCPHE) to solicit or secure this Agreement, and that PCPHE has not paid or agreed to pay to any company or person, (other than a bona fide employee working for PCPHE), any fee, commission, percentage, brokerage fee, gift ora any other consideration contingent upond orr resulting fromi the award of this Agreement to PCPHE. Upon learning of any breach or violation of this provision, BCPHA shall  have the right to terminate this Agreement. EQUAL EMPLOYMENT OPPORTUNITY  8.  PCPHE shall not refuse to hire, discharge, promote, demote or discriminate in matters of compensation against any person otherwise qualified, solely because of race, creed, sex, color, national origin or  ancestry, disability or age. ILLEGAL ALIENS  9.  PCPHE certifies that PCPHE shall comply with the provisions of CRS 8-17.5-101 et seq. PCPHE shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to PCPHE that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. PCPHE represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (ii) otherwise will comply with the requirements of CR58-175-10212X0). PCPHE shall comply with all reasonable requests made in the course of an investigation under CRS 8-17.5-102 by the Colorado Department of Labor and Employment. IfPCPHE fails to comply with any requirement oft this provision or CRS8-17.5-101 ets seq., BCPHA may terminate this contract for breach and PCPHE shall be liable for actual and consequential  damages to BCPHA.  10. STATUTES, REGULATIONS AND ORDINANCES  PCPHE: shall observe and comply with federal, state and local laws, regulations, rules or ordinancesthat affect those employed or engaged by it, the materials or equipment used or the performance of the project and shall procure any and all necessary approvals, licenses and permits all at its own expense.  11. NON-APPROPRIATION  Payment of BCPHA's obligations hereunder in the fiscal years subsequent to the Agreement period is contingent upon funds for this Agreement being appropriated and budgeted. If funds for this Agreement are not appropriated and budgeted in any year subsequent to the fiscal year of the execution of this Agreement, this Agreement shall terminate. BCPHA's fiscal year is the calendar year.  3-    12. SEVERABILITY  Ifany provision ofthis Agreement or the application thereoft to any person ori in any circumstance shall be unenforceable to any extent, the remainder ofthis Agreement andi the application of such provision to other persons or in other circumstances shall not be effected thereby and shall be enforced to the  greatest extent permitted by law. 13. TERMINATION  PCPHE or BCPHA may terminate this Agreement by giving 30 days' notice, in writing, to the other party.  14. NOTICES  Notices to be provided under this Agreement shall be given in writing either by hand delivery or by  certified return receipt requested United States mail, to the following:  PCPHE-E Environmental Health Representative: Prowers County Public Health and Environment I Hillman PA-C MRA Dirortor Kedge Stokke, Environmental Health Specialist  BCPHA Representative: Baca County Public Health Paice Fnoland 741 Main St Springfield, CO81073  Moacan 10015Main Lamar, CO 81052  Agency  15. ENTIRE AGREEMENT  This Agreement and Exhibits constitute the entire Agreement among the partners and all other and prior Agreements among the parties relating to such subject matter are hereby cancelled and superseded int their entireties. Nov variations, modifications or changes hereinorhereofshal. bel binding  upon any party hereto unless set forth in a document duly executed by such party.  IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of November  to PROWERS COUNTY Chairman BOCC Date  10,  2022, be effective as of January 1, 2023.  BACA COUNTY Chairman BOCC Date  bln R. Dumes  12-22-202)    EXHIBIT1  ENVIRONMENTAL HEALTH SERVICES SCOPE OF WORK  GENERAL DESCRIPTION  PCPHE shall provide the Environmental Health Service Programs listed in Table 11 to Baca County Upon request from Baca County, PCPHE shall provide any or all of the additional Environmental All Environmental Health services provided by PCPHE shall be conducted in accordance with the  during the period beginning January 1, 2023 and ending December 31, 2023.  Health Services listed in Table 2.  applicable and appropriate federal, state, and local rules and regulations.  SPECIFICATIONS  1. PCPHE shall provide the service programs listed in Table. 1.  2. PCPHE staff shall determine compliance with all applicable rules and regulations as required 3. PCPHE shall use legally defensible state approved (or equivalent) inspection, investigation,  by law while conducting Environmental Health services for Baca County.  and reporting forms as needed.  4. PCPHE shall provide semi-annual progress reports.  RECORDS AND RECORD MANAGEMENT  Baca County will collaborate with PCPHE to provide appropriate historical records and define record keeping needs. Forms identified in state regulations shall be used and/or others agreed upon by both Baca County and PCPHE. PCPHE will collaborate with Baca County to complete reports required by the Colorado Department of Public Health and Environment. PCPHE shall maintain all records and documents pertaining to the services provided under this Agreement for a period of 3-years ora as required by state or Federal law and/or provide the records to Baca County for archiving. Upon the request of Baca County, PCPHE. shall provide Baca County with copies of any and all records and documents pertaining toi the services provided under this contract in an electronic and/or hard copy format approved by Baca County. Prior to the disposal ofany records PCPHE hasi ini its possession, PCPHE shall provide Baca County with a thirty  written site. ENFORCEMENT  (30) day  notice during which time Baca County may take physical possession of same at the storage  PCPHE shall provide Baca County with al list of specific violations observed while conducting Environmental Health program services. Enforcement actions to correct those violations shall be  at the discretion of Baca County.  WORK PRODUCTS  Any and all maps, reports, spreadsheets, databases, geographical information system (GIS) files, newsletters and other hard copy or electronic documents generated by the service provideri in  5    fulfillment ofi its obligations under this contract shall be the property of Baca County, who shall have sole and complete discretion regarding their use and distribution. All work products shall be delivered to Baca in a mutually agreed upon hardcopy and/or electronic format suitable for  including in reports and folders.  TABLE 1: PRIMARY EHS PROGRAMS PCPHE WILL PROVIDE  Environmental Health Service Program/Work Activity Administration Service Work Program Development and implementation Work Activity On-site Wastewater Treatment System (OWTS) Permit and Construction Compliance Inspection Program OWTS Malfunction Investigation Program Retail Food Establishment Inspection Program Child Care Facility Inspection Program Public and Semi-public Pool and Spa Inspection Program Mobile Home Park Inspection Program School Safety Inspection Program Body Art Studio Inspection Program Environmental Health Service Request Response Program Adult & Child Protection Zoonotic Disease HCSFO/CAFO Nuisance Complaints  Product Output  Estimated Quantity of Products 2 1  Activity  Administration Service Report EHS Program  Permits/Inspection Reports  Fee structure is set per County 1 45 6 1 0 6 0 0 2 1 0 1  Complaints Inspection Reports Inspection Reports Inspection Reports Inspection Reports Inspection Reports Inspection Reports Service Request Response Report Investigation Reports Investigation Reports nvestgation/nspection Reports Investigation Reports  Note: The number of "reports" will be based ont the actual number of occurrences ort facilities in operation in 2023  TABLE2 2: LIST OF PRINCIPAL PCPHE ENVIRONMENTAL HEALTH SERVICE PROGRAMS    AIR QUALITY  Verification of complaints and assist the state as requested  ENVIRONMENTAL COMPLIANCE, AND COMMUNITYSAFETY Illegal dumping investigation  Advise BCPHA and Baca County BOH regarding nuisance complaints Clandestine methamphetamine laboratory closure assistance  ENVIRONMENTAL PLANNING AND CONSULTING General environmental consulting Public information  Adult and child protection environmental consulting Retail Food Establishment Plan Review Program Retail Food Establishment Licensing Program Retail Food Establishment Inspection Program Excellence in Food Safety Training Program Food Borne Illness Investigation Program  FOOD SAFETY AND! SANITATION  INSTITUTIONAL SANITATION. AND! SAFETY  Child Care Facility Inspection Program School Safety Inspection Program  RADON  Indoor Air Radon Sampling and Mitigation Consulting Program PUBLICA ACCOMMODATIONS, BODYA ART, SWIMMING POOLS AND RECREATIONAL SPAS  Complaint investigations and enforcement  WATER QUALITY  On-site Wastewater Treatment System (OWTS) Regulation Development OWTS Permit and Construction Compliance Inspection Program  OWTS Malfunction Investigation  ZOONOSES Notes  Zoonotic Disease (Plague, Tularemia, Rabies, West Nile Virus) Surveillance and Investigation Program 1. All regulatory programs are conducted according to applicable and appropriate federal, state, and local  rules and regulations.  2. All services provided meet applicable best practices standards.  3. Each program is designed to provide the essential public health services as needed.  7        PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: January 10, 2023 Submitter: Meagan Hillman, PCPHE Director  Submitted to the County Administration Office on: 01/04/2023 Return Originals to: Meagan Hillman PCPHE Director Number of originals to return to Submitter: 2 Contract. Due Date: Effective 01/01/2023  Item Title/Recommended Board Action: Environmental Health Services Agreement for Kiowa County, Amount $1,676.00 for 2023 services. Commissioners requested to sign. Justification or Background: Annual agreement for PCPHE to provide EH services for Kiowa  County  Fiscal Impact: This item is budgeted in the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attormey on: Additional Approvals (if required):  PLEASE ATTACH THIS SHEET TO ALL. AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    Prowers County Public Health & Environment  1001 S. Main Street Lamar, CO 81052 Phone: (719)336-8721 Fax: (719)336-9763  PublicHealth Prevent. Promote. Protect.  wwprowerscountynet  THIS AGREEMENT is made and entered into this MLawe of Depauhy/2022 by and between Prowers County, Colorado, c/o Prowers County Public Health and Environment, and Kiowa County, Colorado,  c/o Kiowa County Public Health (KCPH), by and through its Board of Health (BOH).  WITNESSETH  WHEREAS, the Colorado Department of Public Health and Environment and the State Board of Health require local public health agencies to provide certain public health services to their citizens; said  services may include but are not limited to:  *Food safety and sanitation programs *Water quality programs *Zoonosis programs  *Housing and institutional sanitation, safety monitoring, and protection  *Environmental compliance and community safety "Recreation sanitation and safety programs *Air quality monitoring and protection; and  WHEREAS, KCPH isi interested in contracting with a qualified provider to deliver these public health  services to the residents of Kiowa County; and  WHEREAS, PCPHE desires to provide those services to the residents of Kiowa County, NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, the  parties hereto covenant and agree as follows:  1.  TERM  This Agreement shall be in effect for the period. January 1, 2023 through December 31, 2023.  2.  RESPONSIBILITIES  PCPHE shall perform the required activities as outlined in the Environmental Health Services Scope of KCPH shall work collaboratively with PCPHE to ensure completion of all of the required deliverables  Work, included as Exhibit 1. within each scope of work.    Purchase of Services Agreement Kiowa County Environmental Health Services  Page2 2 3.  COMPENSATION AND PAYMENT - ENVIRONMENTAL HEALTH SERVICES  a. PCPHE shall bill KCPH a flat fee of $1,676 for CY 2023 for approximately 20 hours of service for any environmental health services rendered to Kiowa County or its citizens. The hourly rate for thei initial term oft this agreement shall be $80.00perhour, regardless of which PCPHE employee performed the services, at an annual rate not to exceed $1,676. No additional indirect rate shall be charged by PCPHE for environmental health services. All revenues received from state or federal sources for provision of these services, and any fees collected in performance of them, unless passed through to any other agency as required by state or federal law, or CDPHE rules and regulations, shall be retained by PCPHE. Such fees shall be established byt the Kiowa County Board of Health, in accordance with state or federal law, or CDPHE rules and regulations. b. PCPHE staff will document hours and activities spent on environmental health services for Kiowa County; these hours and activities will be documented and submitted to the KCPH semi- PCPHE shall submit an invoice to KCPH by February 15, 2023 in the amount of $1,676. d. KCPH shall submit payment to PCPHE within thirty (30) days after receipt oft thei invoice. INDEPENDENT CONTRACTOR STATUS, PAYMENT OF TAXES AND INSURANCE COVERAGE a. Inp performing services under this Agreement PCPHE is acting as an independent contractor and b. Asa an independent contractor, PCPHE is solely liable and responsible for maintaining workers' compensation insurance which complies with statutory requirements in the State of Colorado, unemployment insurance benefits, and the withholding and payment of any and all federal, state and local taxes applicable to the receipt of funds or other consideration by KCPH under  annually and an annual summary will also be provided.  4.  not as an agent or employee of KCPH.  the terms oft this Agreement.  5.  INSURANCE  In performing services under this Agreement, PCPHE shall maintain professional liability insurance and workers' compensation insurance coverage provided by an insurance carrier licensed to do business in the State of Colorado. PCPHE shall maintain liability coverage on all PCPHE motor vehicles used in the performance of this Agreement, in amounts required by Colorado law. Appropriate certificates  evidencing all such coverages shall be provided to KCPH upon request.  2    Purchase of Services Agreement Kiowa County Environmental Health Services  Page 3 6.  NON-ASSIGMMENT  Neither this Agreement nor any interest therein, nor any claim thereunder, shall be assigned by PCPHE  to any third person without the prior written consent of KCPH.  7.  OFFICIALS NOTTO BENEFIT  No elected or employed member of either party to this Agreement shall directly or indirectly receive or be paid any share or part ofthis Agreement or anyl benefit that may arise therefore. PCPHE warrants that it has not retained any company or person (other than a bona fide employee working solely for PCPHE) to solicit or secure this Agreement, and that PCPHE has not paid or agreed to pay to any company or person, (other than a bona fide employee working for PCPHE), any fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or resulting fromi the award oft this Agreement to PCPHE. Upon learningo ofanyb breach or violation ofthis provision, KCPH: shall have  the right to terminate this Agreement.  8.  EQUAL EMPLOYMENT OPPORTUNITY  PCPHE shall not refuse tol hire, discharge, promote, demote or discriminate in matters ofcompensation against any person otherwise qualified, solely because of race, creed, sex, color, national origin or  ancestry, disability or age. ILLEGAL ALIENS  9.  PCPHE certifies that PCPHE shall comply with the provisions of CRS 8-17.5-101 et seq. PCPHE shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to PCPHE that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. PCPHE represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (ii) otherwise will comply with the requirements of CRS 8-17.5-102/2)(b). PCPHE shall comply with all reasonable requests made in the course of an investigation under CRS 8-17.5-102 by the Colorado Department of Labor and Employment. IfPCPHE fails to comply with any requirement oft this provision or CRS8-17.5-101 etseq., KCPH may terminate this contract for breach and PCPHE shall be liable for actual and consequential  damages to KCPH.  10. STATUTES, REGULATIONS AND ORDINANCES  PCPHE shall observe and comply with federal, state and local laws, regulations, rules or ordinances that affect those employed or engaged byi it, the materials or equipment used or the performance of the project and shall procure any and all necessary approvals, licenses and permits all at its own expense.  - 3    Purchase of Services Agreement Kiowa County Environmental Health Services  Page 4  11. NON-APPROPRIATION  Payment of KCPH's obligations hereunder in the fiscal years subsequent to the Agreement period is contingent upon funds for this Agreement being appropriated and budgeted. If funds for this Agreement are not appropriated and budgeted in any year subsequent to the fiscal year of the execution oft this Agreement, this Agreement shall terminate. KCPH's fiscal year is the calendar year.  12. SEVERABILITY  Ifany provision oft this Agreement or the application thereof to any person or in any circumstance shall be unenforceable to any extent, the remainder ofthis Agreement and the application ofs such provision to other persons or in other circumstances shall not be affected thereby and shall be enforced to the  greatest extent permitted by law. 13. TERMINATION  PCPHE or KCPH may terminate this Agreement by giving 30-day notice, in writing, to the other party.  14. NOTICES  Notices to be provided under this Agreement shall be given in writing either by hand delivery or by  certified return receipt requested United States mail, tot the following:  PCPHE Environmental Health Representative: Meagan L Hillman PA-C, MBA, Director Kedge Stokke, Environmental Health Specialist  KCPH Representative: Donald Oswald, Chairman 1305 Goff (PO Box 100) Eads, CO 81036  Prowers County Publiç Health and Environment Kiowa County Board of Health  1001 SI Main Lamar, CO 81052  15. ENTIRE AGREEMENT  This Agreement and Exhibits constitute the entire Agreement among the partners and all other and prior Agreements among the parties relating to such subject matter are hereby cancelled and superseded ini their entireties. Nov variations, modifications or changes herein or hereofshall! bel binding  upon any party hereto unless set forth in a document duly executed by such party.  4    Purchase of Services Agreement Kiowa County Environmental Health Services  Page 5  IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of  2022,  to be effective as of. January 1, 2023.  PROWERS COUNTY Chairman BOCC  KIOWACOUNTY hecbhs Chairman BOCC  IR.14- 2022  Date  Date        Purchase of Services Agreement Kiowa County Environmental Health Services  Page 6  EXHIBIT1  ENVIRONMENTAL HEALTH SERVICES SCOPE OF WORK  GENERAL DESCRIPTION  PCPHE shall provide the Environmental Health Service Programs listed in Table 11 to Kiowa County Upon request from Kiowa County, PCPHE shall provide any or all of the additional Environmental All Environmental Health services provided by PCPHE shall be conducted in accordance with the  during the period beginning January 1, 2023 and ending December 31, 2023.  Health Services listed in Table 2.  applicable and appropriate federal, state, and local rules and regulations. 1. PCPHE shall provide the service programs listed in Table 1.  SPECIFICATIONS  2. PCPHE staff shall determine compliance with all applicable rules and regulations as required by law while conducting Environmental Health services for Kiowa County. 3. PCPHE shall use legally defensible state approved (or equivalent) inspection, investigation,  and reporting forms as needed.  4. PCPHE shall provide semi-annual progress reports.  RECORDS AND RECORD MANAGEMENT  Kiowa County will collaborate with PCPHE to provide appropriate historical records and define record keeping needs. Forms identified in state regulations shall be used and/or others agreed upon by both Kiowa County and PCPHE. PCPHE will collaborate with Kiowa County to complete reports required by the Colorado Department of Public Health and Environment. PCPHE: shall maintain all records and documents pertaining to the services provided under this Agreement for a period of 3-years or as required bys state or Federal law and/or provide the records to Kiowa County for archiving. Upon the request of Kiowa County, PCPHE shall provide Kiowa County with copies of any and all records and documents pertaining to the services provided under this contract in an electronic and/or hard copy format approved by Kiowa County. Prior toi the disposal of any records PCPHE has in its possession, PCPHE shall provide Kiowa County with ai thirty (30) day written notice during which time Kiowa County may take physical possession of same at the PCPHE shall provide Kiowa County with al list of specific violations observed while conducting Environmental Health program services. Enforcement actions to correct those violations shall be  storage site. ENFORCEMENT  at the discretion of Kiowa County.  WORK PRODUCTS  Any and all maps, reports, spreadsheets, databases, geographical information system (GIS) files, newsletters and other hard copy or electronic documents generated by the service provider in fulfillment of its obligations under this contract shall bei the property of Kiowa County, who shall  6    Purchase ofServices Agreement Kiowa County Environmental Health Services  Page 7  have sole and complete discretion regarding their use and distribution. All work products shall be delivered to Kiowa in a mutually agreed upon hardcopy and/or electronic format suitable for  including in reports and folders.  TABLE1: PRIMARY EHS PROGRAMS PCPHE WILL PROVIDE  Environmental Health Service Program/Work Activity Administration Service Work Program Development and Implementation Work Activity On-sight Wastewater Treatment System (OWTS) Permit and Construction Compliance Inspection Program OWTS Malfunction Investigation Program Retail Food Establishment Inspection Program Child Care Facility Inspection Program Public and Semi-public Pool and Spa Inspection Program Public Accommodations School Safety Inspection Program Body Art Studio Inspection Program Environmental Health Service Request Response Program Adult & Child Protection Zoonotic Disease HCSFO/CAFO Nuisance Complaints  Product Output  Estimated Quantity of Products 2 1  Administration Service Report  Activity  EHS Program  Permits/Inspection Reports  Fee structure is set per County 1 21 2 0 1 4 0 0 1 2 0 1  Complaints Inspection Reports Inspection Reports Inspection Reports Inspection Reports Inspection Reports Inspection Reports  Service Request Response Report Investigation Reports Investigation Reports nvestgation/nspection Reports Investigation Reports  Note: Ther number of' "reports" will be based on the actual number of occurrences or facilities in operation in 2023  - 7-    Purchase ofs Services Agreement Kiowa County Environmental Health Services  Page 8  TABLE 2: LIST OF PRINCIPAL PCPHE ENVIRONMENTAL HEALTH SERVICE PROGRAMS  AIR QUALITY  Verification of complaints and assist the State as requested  ENVIRONMENTAL COMPLIANCE AND COMMUNITY: SAFETY Illegal dumping investigation Assist in disease investigations ENVIRONMENTAL HEALTH CONSULTING  Advise KCPHA and Kiowa County BOH on nuisance complaints Clandestine methamphetamine laboratory closure assistance  General environmental health consulting and public information Adult and Child protection environmental consulting as requested  FOOD SAFETY AND! SANITATION  Retail Food Establishment Plan Review Program Retail Food Establishment Licensing Program Retail Food Establishment Inspection Program Excellence in Food Safety Training Program Food Borne IlIness Investigation Program Child Care Facility Inspection Program School Safety Inspection Program  INSTITUTIONAL SANITATION AND SAFETY  RADON  Indoor Air Radon Sampling and Mitigation Consulting Program PUBLIC ACCOMMODATIONS, BODY ART, SWIMMING POOLS ANDI RECREATIONAL SPAS  Complaint investigation and compliance  WATER QUALITY  On-site Wastewater Treatments System (OWTS) regulation development  OWTS Malfunction Investigation Program  ZOONOSES Notes  Zoonotic Disease (Plague, Tularemia, Rabies) surveillance and investigation  1. All regulatory programs are conducted according to applicable and appropriate federal, state,  and local rules and regulations.  8