PROWERS COUNTY, COLORADO BOARD OF COMMISSIONERS  OCTOBER 10, 2023  8:00a.m.  Mark Dorenkamp, Road & Bridge Supervisor Update (Hickory House Restaurant) PROWERS COUNTY ANNEX-I MEZZANINE ROOM 1001 S. MAIN STREET, LAMAR, CO 81052  WORK SESSION  9:00a.m. 9:30a.m. 10:00a.m. 10:15 a.m. 10:30 a.m. 10:45 a.m. 11:00 a.m.  Cheryl Sanchez, Prowers Economic Prosperity Director  PEP update monthly Andy Wyatt - Prowers County Assessor Proposition HH Discussion Gary Harbert, Veterans' Service Officer Veterans' Officer Update  BOCC  Updates CRMC update OPC update  Pete Hernandez, PC Consolidated Return Mail Center Manager  PCOverflow Processing Center Program Manager  Paxton Hyde, Amber Stowell, Elizabeth Pilson, Jeremy Neustifter, Shannon McMillan, Colorado Department of Health and Environment Discussion on Burn Barrel Regulations and Letters to Prowers  County Residents Update  11:30a.m.  Monica Mika, District Director Congressman Ken Buck CO-(04)    MEETING AGENDA  Invocation Pledge of Allegiance Call Meeting to Order Roll Call  1:00 p.m.  CONSENT AGENDA. ACTION ITEMS: 1. Consider Approval of Adoption of Agenda  2. Consider Approval of Payment of Bills Presented and of Voiding Checks, if any 3. Consider Approval of September 26, 2023 Meeting Minutes  PUBLICAPPEARANCES  Anyone wishing to address the BOCC may do SO at the discretion of the Board  and subject to at three-minute limitation.  Paula Gonzales, Finance Director/Budget Director  Present 2024 Preliminary Budget  Mark Westhoff  County Administrator Update  Rose Pugliese, Esq.  County Attorney Update  EXECUTIVE SESSION  Executive Session pursuant to C.R.S. 524-6-402(4)b) Conference with the attorney for the purposes of receiving legal advice on specific legal questions.  2    ACTION ITEMS:  1. Consider ratifying 10-2-2023 email poll approval for County Veteran Service Officer's Monthly Report and Certification of Pay - September 2023 and authorizing the use of Chairman Ron 2. Consider approval of Fairgrounds Facility Rental Agreement and Waiver of Fees for Colorado 3. Consider ratifying 9-25-2023 email poll approval of Payroll, Payroll/AP, and JBBS, all presented 4. Consider approval of appointing two Members to the Prowers County Lodging Tax Board, (1) position on the Board to fill at term to expire December 2024 and (1) position on the Board to 5. Consider approval of Memorandum of Agreement for Child Care Availability and Outreach of Care Duties for Prowers/Baca Counties between Children First Department of Pueblo Community College and Roots and Wings Early Childhood Council, effective August 1, 20231 to June 30, 2024 ini the amount of $24,000, and authorizing Roots and Wings Early Childhood 6. Consider approval of Credit Card Authorization Request for Roxie Rankin, Public Health  Cook's signature stamp.  Mounted Thunder, event scheduled for September 21-2 22, 2024. ini the amount of $868,504.32 with a Certification date of 9-27-23.  fill a term to expire December 2025.  Council Coordinator, Courtney Holt-Rogers, to execute the agreement.  Department Supervisor, in the amount of $3,000.00. 7. Consider approval of a Resolution Opting into Proposition 123.  8. Consider approval of a Resolution in Opposition to the Statewide Proposal, Proposition HH. 9. Consider terminating the intergovernmental Agreement between the City of Lamar and Prowers County, Colorado regarding the Joint Planning Area dated February 23, 2004 in 10.Consider approval of Fairgrounds Facility Rental Agreement and Waiver of Fees for Colorado 11.0 Consider approval of letter to the Transportation Commission of Colorado opposing the 12.Consider approval of Amendment to Fairgrounds Facility Rental Agreement and Waiver of Fees for Southeast Colorado Can Chasers (SECCC) previously approved by Prowers BOCC on March 21, 2023. This amendment will change the rental date for SECCC's final event from  accordance with Section IV (D) of said Intergovernmental Agreement. Mounted Thunder, event scheduled for April 27-28, 2024. proposed merger of the SE TPR and the SCTPR.  October 8, 2023 to October 29, 2023.  3    13.Consider ratifying 10/4/2023 email poll approval of a letter to the US Department of Commerce in support of SCEDD's application for the Distressed Area Recompete Pilot 14.Consider approval of 2024 - CDOT 5311 Admin and Operating proposed Award for Prowers Area Transit, award amount is $214,374.00 with a local match of $53,594.00 and authorizing Darren Glover, Director of Prowers Area Transit to execute the document electronically. 15. Consider approval of 2024 - CDOT 5399 Admin and Operating Award and Statement of Work and Conditions for Prowers Area Transit, Award amount is $375,747.00 for two new buses and authorizing Darren Glover, Director of Prowers Area Transit to execute the document 16. Consider approval of executing an Agreement for providing Ambulance & Emergency Medical Services in Prowers County, Colorado in the amount of $145,000 for a term commencing on January 1, 2024 and terminating on December 31, 2024 with the City of Lamar, Colorado. 17. Consider ratifying verbal poll approval of September 26, 2023 authorizing Ron Cook, Chairman, to execute the. Joint Statement of Opposition of Lower Arkansas Valley Water  Program grant.  electronically.  Conservancy District and Prowers County.  PREVIOUSLY TABLED ACTION ITEMS:  1.  None  NOTE: This Agenda is provided fori informational purposes only. Action may be taken on any or allo of the items. Allt times are approximate. Ifanygiven 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 ofas specific hearing time; those items will not begin until the specific time or lfyour 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 scheduled meeting to  after.  request an accommodation.  4    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10/10/23 Submitter: Department ofHuman Services  Submitted to the County Administration Office on: 9/26/23 Return Originals to: Department of] Human Services Number of originals to return to Submitter: 1  Contract Due Date: ASAP  Item Tite/Recommended Board Action:  "Consider approval ofl Memorandum of Agreement for Child Care. Availability and Outreach of Care Duties for Prowers/Baca Counties between Children First Department of Pueblo Community College and Roots and Wings Early Childhood Council, effective August 1, 2023 to. June 30, 2024 in the amount of $24,000, and authorize Roots and Wings Early Childhood Council  Coordinator, Courtney Holt-Rogers, to execute the agreement."  Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: Federal: $ Other: $  State: $24.000 in Early Childhood Funding  Approved by the County Attorney on: Additional Approvals (ifr required):  PLEASE ATTACH THIS SHEET TO ALL. AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    Pueblo Community College  Bmfs  August 15, 2023  Memorandum of Agreement Prowers/Baca Counties  Child Care Availability and Outreach of Care Duties,  This Agreement is made between, Children First Department of Pueblo Community College, and the Roots and Wings Early Childhood Council, effective August 1, 2023 to June 30, 2024 The Parties will use this Agreement to outline scope of services, relationship and documentation with the Roots and Wings Early Childhood Council, and Children First Department of Pueblo Therefore, in consideration of the Parties, rights and obligations described below, the Parties agree  Community College. as follows: 1.  Term. The term of this Agreement will be from August 1, 2023 through June 30, 2024 and services for the monthly sum of $2,000.00 for a total of $24,000.00. The last invoice must be received no later than June 15, 2024. The Agreement, however, willl be AT-WILL. This means either Party may terminate this Agreement at any time and for any reason or for no reason by giving the other Party at Program Services. Children First will be a collaborative partner with the Roots and' Wings  least thirty (30) calendar days prior notice.  2.  Early Childhood Council. Children First will provide the following: Availability and Outreach of Care Duties (aka CCR&R strategy)*: slots (e.g., calling, texting, emailing, completing an online form);  developing a variety of methods for their local child care providers to report open child care conducting frequent contacts with each child care provider in the Prowers and Baca Counties area to: inform child care providers of the enhanced support, allow providers to choose between a text or listserv reminder about reporting openings, and collect information on special populations served by the provider where that information is not already in Colorado Shines;  pushing out a listserv and text reminder to report openings to lists created based on provider uploading data to the Colorado Shines Salesforce system to inform the Colorado Shines Statewide Call Center and search results on the Colorado Shines website mtplcolocsnnesog, connecting providers with other supports, as requested, such as assistance with licensing or working with other positions (i.e. family child care home navigators, licensing specialists), and utilizing their particular knowledge of the ability of providers to serve special populations and the lack of available slots, to strategically increase the supply and quality of child care services; and, Children First Department of Pueblo Community College - 1000 Minnequa Ave. MC-A328, Pueblo, CO  preference on the same day each week;  accessing quality improvement supports;  collecting enrollment data (enrollment count, age of children served, etc.);  81004 719-549-3272 - gesseroneuescs.    Pueblo Community College  dlidenf Fist  providing Roots and Wings with documentation on activities completed to meet workplan requirements and summarizing relevant information for Prowers/Baca County monthly.  Roots and Wings Early Childhood Council,  By:  Date:  Courtney Rogers-Holt  Children First Department of Pueblo Community College  By:  Date:  Dr. Patricia Erjavec, College President  By:  Date:  Angie Shehorn, Director  Children First Department of Pueblo Community College- - 1000 Minnequa Ave. MC-A328, Pueblo, CO  81004 719-549-3272 - angela.shehorn@pueblocc.edu    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10/10/2023  Submitter: Meagan Hillman, Public Health Director  Submitted to the County Administration Office on: 10/3/2023  Return Originals to: Paula Gonzales  Number of originals to return to Submitter: 1  Contract Due Date:  Item ntle/Recommended Board Action:  Consider approval of Credit Card Authorization Request for Roxie Rankin, Public Health Department Supervisor, in the amount of $3,000.00  Justification or Background: increase this limit  Roxie has been promoted to a supervisor position which has caused the need to  Fiscal Impact: This item is budgeted in the following account code:  County: Federal: $_ State: Other:  $_ $_ $_  Approved by the County Attorney on:    PROWERS COUNTY  CREDIT CARD AUTHORIZATION REQUEST  Date:  The employees listed below are authorized for issuance ofa a credit card for county business usage. Theyunderstand. and will comply with the county policy regarding such  cards, and are authorized for the amounts listed: Employee Name Card# Amt.  Purpose of Authorization Date Issued SMsbMDA-supaniga  (Completed by Adm. Officc)  Authorized  Roxie Kaukin  $36b2 incrtas litas  ADDRESS:  STATEMENT ADDRESS:_  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  Credit Card Acct #  Authorization End Date  Date Cancelled (Completed by Adm. Office)  8  Dich Titlé APHET Office/Department Approved:  Date:  Chairman  Prowers County Board of Commissioners    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10/10/2023 Submitter: Mark Westhoff  Submitted to the County Administration Office on: 10/3/2023  Return Originals to: Mark Westhoff Number of originals to return to Submitter: 0  Contract Due Date: N/A Proposition 123.  Item Tite/Recommended Board Action: Consider approval of Resolution Opting ini to  Justification or Background:  Fiscal Impact: Thisi item is budgeted in the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on; 10/2/2023 Additional Approvals (if required):  PLEASE ATTACH THIS SHEETTO. ALL. AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    RESOLUTION NO. 2023-  A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PROWERS COUNTY, COLORADO, OPTING INTO PROPOSITION 123 WHEREAS, the voters of Colorado approved Proposition 123 in 2022 creating the State Affordable Housing Fund to make certain funds available tol local governments as defined by  CRS-29-32-104; and  WHEREAS, Prowers County, Colorado is a Statutory County duly and regularly organized and validly existing as a body corporate and politic under and by virtue oft the Constitution and laws of the State of Colorado and is eligible for Proposition 123 funding and  programing; and  WHEREAS, the Board of County Commissioners Authorizes the County stafft to opt-in and set a baseline for the development ofaffordable housing as defined Proposition 123; and WHEREAS, with technical funding assistance from the Colorado Department ofLocal Affairs the County will begin the formal process to: review its Zoning code for the possible adoption oft the "Qualified Strategy" for "fast track review" for affordable housing applications  to comply with Proposition 123.  NOW1 THEREFORE, BE. IT RESOLVED BY THE BOARD OF COUNTY  COMMISSIONERS OF PROWERS COUNTY, COLORADO, that:  Prowers County hereby elects to opt-in to Proposition 123 setting its baseline of1 193 units  with the goal to increase the County'sa affordable housing units by six (6) units a year or  annualized goal of eighteen (18) units over 3 years.  INTRODUCED, READ AND ADOPTED this 10th day of October, 2023.  RON COOK Chair  ATTEST:  JANA COEN, County Clerk  WENDY BUXTON-ANDRADE Vice-Chair  THOMAS GRASMICK Commissioner    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10/10/2023 Submitter: Mark Westhoff  Submitted to the County Administration Office on: 10/3/2023  Return Originals to: Mark Westhoff Number of originals to return to Submitter: 0  Contract Due Date: N/A  Item Tite/Recommended Board Action: Consider approval of] Resolution in Opposition to the  Statewide Proposal, Proposition HH. Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on: 10/2/2023 Additional Approvals (if required):  PLEASE ATTACH THIS SHEET TO ALL. AGENDAITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    RESOLUTION NO. 2023-  RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PROWERS COUNTY, COLORADO, IN OPPOSITION TO THE STATEWIDE PROPOSAL,  PROPOSITION HH  WHEREAS, the vast majority of local governments, including Prowers County, but not the State of Colorado, levy a property tax to support essential public services and infrastructure;  and  WHEREAS, counties in Colorado, including Prowers County, are highly dependent on WHEREAS, inflation from 2020 to 2023 has increased by nearly 18 percent leading to WHEREAS, Proposition HH will mandate reductions in local property taxes for at least ten years, resulting in billions of dollars of lost revenue for local governments without any  property tax revenue, often as their primary source ofa annual revenue; and  increased costs of labor, materials, and services; and  reduction in service obligations or needs; and  WHEREAS, Proposition HH will increase the State's TABOR spending limit, allowing the State to spend billions of dollars more than it did before, while placing aj property tax revenue  limit lower than allowed by TABOR on local governments; and  WHEREAS, the ballot question for Proposition HH indicates that local governments will be reimbursed from state funds for lost property tax revenue, but that those reimbursements area small percentage of the billions of dollars more that the State will retain, and that most counties, including Prowers County, will be ineligible for reimbursements early in the ten-year period of  Proposition HH; and  WHEREAS, Prowers County has worked with local voters to propose and approve property taxes, or to retain and spend revenues therefrom, to support regular county services, facilities, and infrastructure needed and desired by the residents of Prowers County, including county roads and maintenance, county fairgrounds, public transportation, human and social services, law enforcement, rural fire and emergency management, vital records, veterans services, motor vehicle registration, elections, public health and safety, and more; and  WHEREAS, Proposition HH undermines the short- and long-term planning efforts of Colorado's counties, including Prowers County, that are necessary to absorb inflationary pressures, to increase salaries and compensation for employees, to support existing and grow new public services, to construct and maintain government infrastructure, and to respond to the  needs and emergencies of our communities.    NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 1. Itis the position of the Board of County Commissioners of Prowers County, Colorado, that Prowers County and its constituents are best suited to determine the revenues necessary to meet the needs, expectations, and demands oft the residents. 2. The Board of County Commissioners recognizes that Prowers County is accountable to our local voters, who may take action if the taxes they pay are not warranted for the services, facilities, and infrastructure provided by Prowers County to our residents. 3. The Board of County Commissioners concludes that Proposition HH diminishes the ability of Prowers County to provide the vital services, facilities, and infrastructure that the residents of Prowers County need, expect, and demand; and, therefore, the Board strongly urges a NO vote on Proposition HH at the statewide election on November 7,  COMMISSIONERS OF PROWERS COUNTY, COLORADO, that:  2023.  INTRODUCED, READ AND ADOPTED this 10th day ofOctober, 2023.  RON COOK Chair  ATTEST:  JANA COEN, County Clerk  WENDY BUXTON-ANDRADE Vice-Chair  THOMAS GRASMICK Commissioner    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10-10-2023 Submitter: Prowers County BOCC  Submitted to the County Administration Office on: 10-3-2023  Return Originals to: N/A  Number of originals to return to Submitter: N/A  Contract Due Date:  Item ntle/Recommended Board Action:  Consider terminating the intergovernmenta. Agreement between the City of Lamar and Prowers County, Colorado regarding the Joint Planning Area dated February 23, 2004 in accordance with Section IV (D) of said Intergovernmental  Agreement.  Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: $ Federal: $ State: Other:  $ - $  Approved by the County Attorney on: 10-3-2023  Additional Approvals (if required):    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10-10-2023 Submitter: Administration Office  Submitted to the County Administration Office on: 10-4-2023 Return Originals to: Jana Coen & Administration Office Number of originals to return to Submitter: 2  Contract Due Date:  Item Title/Recommended Board Action:  Consider approval of Fairgrounds Facility Rental Agreement and Waiver of Fees for Colorado Mounted Thunder, event scheduled for April 27 - 28,2024.  Justification or Background: Annual event  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):    PROWERS COUNTY FAIRGROUNDS FACILITY  RENTAL AGREEMENT  Today's Date:_ 10/3/23 Name of Organization:  Date(s) of] Events: Fpri/ 27.20".2094  Set Up Time: Event Starts: Finish Time: Arena Centennial  am pm am pm am pm Home Ec Pavilion  Koloraoo Hbentol Thunobr Name & Address ofAuthorized Agent: Kel Thurno 28001 CR 3 Lamer LO 81052  Phone: Sales Tax ID: Type of Event:  Vaqueros  Lowby Kunky Shoting  Ifa approved by the Board of County Commissioners, Iagree to pay fees int the amount ofs  or to submit  a request for a waiver of the fees. I understand the decision to waive any or all of the fees are al the total discretion of the Board of Commissioners. I have attached copies oft my State of Colorado Sales Tax License and the City ofLamar Sales Tax License, Failure to do so will result in denial ofr my rental request, unless Ia am legally  exempt. - Authorized. Agent  Jease msaeutachlsaememat  1ols/23 Date  The Board of County Commissioners reserves the right to not lease any portion or all of the Fairgrounds to any organization which it deems in its sole discretion, to be in direct and adverse competition to Prowers County merchants or is otherwise detrimental to Prowers County citizens. Fees may be adjusted at the discretion of the Board based upon the number ofp participants or unique conditions. Fees are based on daily rates.  Rental Approved:  B-4-23 Date Date  Facilities Director  Edless  Chairman  Prowers County Board of Commissioners  For County Use Only: Date Booking Feel Paid $25.00: Date Rental Fee Paid: Inspection completed:  Damage/Cleaning Deposit: Date Paid:  Damage/Cleaning: Deposit Refunded: Y/N, ifno, see attached.  Please note that any deposit refund due back to you will bej provided by a Prowers County check. Checks are  issued upon approval at the Commissioners' meetings. Liability Insurance received: Yes_ No_ Date:  Update 01/25/2023  Fairgrounds Rental Agrecment    PROWERS COUNIYTAIRGROUNDS  FACILITY RENTAL RESERVATION AGREEMENT Between Prowers County Board of Commissioners (Commissioners), and the. Authorizing Agent renting the 1. Determination of fees for use of the facilities shall be made by the Commissioners in accordance with the established fee schedule and agreed to by the User at the time thei reservation is confirmed. 2. Unique events may require an increase in fees/charges and/or conditions in addition to those shown. The Commissioners reserve the right to modify any of the conditions as necessary on a case-by-case basis. Holiday use oft thel Fairgrounds iss subject to approval by the Commissioners. All County holidays are observed by County Maintenance Personnel, No Prowers County Personnel will be made available to users over County approved Thanksgiving and Christmas holidays.. Additional fees willl be assessed for events scheduled on holidays. Overtime charges for County Maintenance Personnel at a rate of two times the normal hourly rate will be charged for holiday events in addition to: regular fees and charges with the exceptions described 3. Use ofall facilities shall be scheduled through the. Prowers County Administration Office only. a) AI non-refundable booking fee of$25.00 per event mustl be paid when each event is scheduled. b) The $25.00 booking fee is due before an individual or entity may have their name placed on the Ifthe event does not go forward for whatever reason, the $25.00 fee WILL NOT: BE REFUNDED. d) Remainder of fees and security deposit must be submitted to the office no less than 10 working days prior tot the date scheduled. (Commercial users: fees must be paid in certified funds.) The security/damage deposit is required and due from all users whether use fees are waived or not. Failure to pay fees 10 working days prior to event may result in cancellation of facility use. Access to the facilities at any time other than stated on this form is not allowed unless prior approval is received from Prowers County. Please. note that any deposit refund due back to you will bej provided by al Prowers County check, 4. The scheduling of the activities shall be made in the name ofone individual who must, as a condition oft use, read this document and accept responsibility for adequately supervising the event; assure that thei facilities are used for the purpose for which they are scheduled; reimburse the County for damage to the property or facilities including excessive clean-up costs that may occur in connection with the event; assure payment, in full, ofall charges for space and equipment requested; and ensurc that all promotion and advertising ofe events involving the use ofthe facilities shall identify thei individual or group sponsor of the event, 5. The cleanup and damage deposit must be paid 10 working days prior to the scheduled event, Said deposit shall be utilized by the county, if at all, for cleanup oft the rented premises and repair of damages to same made necessary by the User's rental of the premises. In the event that the User performs cleanup oft the premises in a suitable manner; said deposit will be reviewed for return to the User at the next regularly scheduled meeting of the Commissioners. User will be personally liable for any expense for damage 6. Inc case of cancellation, fees will be refunded (less booking fee) if notice of cancellation is received 10 working days prior to scheduled use, If the event is canceled due to inclement weather, the event may be rescheduled with no additional fees due. If the event is rescheduled for any other reason, an additional Subleasing or charging additional fees to use the) Fairground Facilities will not be permitted,  facility, (User).  previously in this] paragraph. Fees and deposits  Fairgrounds Calendar to reserve ai facility at thel Fairgrounds.  )  Checks are: issued upon approval at the Commissioners' meetings.  and/or cleanup in excess of the required deposit.  booking fee will be charged. Update 01/25/2023  7.  2  Fairgrounds Rental Agreement    8. Non-commercial User may have one day in advance for set-up, decorating, etc. between thel hours of 8:00am and 4:00pm on the condition there is nothing previously booked on that date. If additional days are required special set-up/tear-down is required, standard facility use days will be charged on a % day basis. 9. Liability insurance is required for all commercial events. Certain "ati risk" activities i.e. rodeos, tractor pulls, carnivals, circuses, etc, are required to provide liability insurance. An insurance certificate showing Prowers County as an additional insured must be provided to the County no later than 10 working days prior to the 10. Under Colorado Law, an equine professional is not liable for any injury to or the death of a participant in equine activities resulting in the inherent risks of equine activities, pursuant to Section 13-21-119, Colorado 11. The User acknowledges that User's rental of County's property is not subject to the direct supervision and control of County personnel. Accordingly, and in express consideration for the within: rental agreement, User herby agrees to indemnify, and hold harmless, Prowers County, its officers, agents, and employees from and against any and all claims for liability asserted for personal injury, or property damage to any and all persons or entities whatsoever, and arising out of User's rental of County's property as hereinabove set forth. This indemnification expressly extends to any and all damage awards, and shail further cover all costs of defense, which shall be conducled in Counly's sole discretion, iucluding atlomey's aud experl witness fees. 12. The within agreement shall be and become binding upon, and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and designs. Any action necessary to construe, interpret, or enforce the provision oft the within agreement shall bc brought and maintained in the District Court: in and for Prowers County, Colorado, with the substantially prevailing party therein being entitled, as a matter of contract law an agreement to recover its costs and expenses therein incurred, including reasonable attorney's and expert 13. Falsified or misleading information on this form may be cause for cancellation of this contract and forfeiture 14. The user shall pay, in full, the required fee, damage deposit fee, or security deposit fee as established by the Prowers County Board of Commissioncrs. Iti is Prowcrs County policy that no façility shall be made available for use until full payment oft the required fee is recorded. It is understood that this document defines use as Fairground Facility use only and does noti in any way include the use ofProwers County Personnel. Each user iss solely responsible for the care of the facilities, preparation oft the arena floor for the duration oft the event, clean-up ofi the facilities, grounds, andj parking areas during, and at the conclusion, ofthe event. Parking areas 15. The user shall be required to call for an on-site facility orientation with the Fairgrounds Caretaker no later than 5 working days prior to the event, The user will bei familiarized with information pertaining to use ofthe facility, obtain keys, and will have the opportunity to ask questions of the caretaker. The Fairgrounds Caretaker can be reached by calling 931-0034 and is available to schedule an orientation Monday - Friday 9:00am to Noon and 1:00pm to 3:00pm. Regularly scheduled monthly meeting organizers are no! reguired to complete an orientation, however; are expected to cooperate with the expectations for use outlined in this document. The user understands that Prowers County does not employ 7 day per week, 24 hour per day Fairgrounds Personnel. The Fairgrounds Caretaker hours are scheduled from 8:00 am to 5:00pm, Monday Friday. The Fairgrounds Caretaker schedule may change to correlate with an event; however, changes must 16. Every effort has been made to provide Fairground Facilities that are adequately maintained and appropriately prepared for normal use, It is further understood that building and grounds systems can, and do, fail at times. Failures may include, but are not limited to; electrical outlet power losses and blown breakers due to abnormal use and overloaded circuits, public announcing or loudspeaker malfunctions, lighting failures, water supply problems, and restroom malfunctions, etc. There are no guarantees against such failures either implied  for set-up, an additional fee ofs  will be charged for each additional day. Commercial Users: If  scheduled event. Revised Statutes.  witness fees.  ofsecurity deposit and/or fees paid and may result in loss ofi future usage oft the facility  are included: in the use and clean-up ofa all facilities.  be pre-approved and are at the discretion of thel Prowers County Maintenance Supervisor.  Update 01/25/2023  3  Fairgrounds Rental Agreement    or stipulated in this document. Prowers County Personnel will only bei made available during off-bours int the event of an emergency pertaining to life safety or unsanitary conditions. All other unexpected occurrences 17. The user understands that costs incurred by Prowers County due to responding to non-emergency calls for service, facility or grounds clean-up, and sub-contractor repairs for damages to equipment or facilities will be billed to the user at ai rate of2 times the actual costs. Iti ist the user'si responsibility to minimize non-emergency 18. The user agrees that it is their responsibility to provide, and be responsible for, the equipment or supplies necessary to circumvent potential failures in thel buildings, restrooms, or arena including; portable generators, portable toilets, portable amplifier or loudspeaker systems, water, and/or water trucks for wetting a dusty 19. Thei user is specifically responsible to ensure adherence to these written and any posted policies and to: Provide written documentation specifying any concerns, system failures, or break-downs and deliver that documentation to thel Fairgrounds Caretaker. Please do: not manipulate circuit breakers. b) Pick-up trash and debris accumulated during the event including parking areas, and deposit the trash in the 55 gallon trash drums provided, or if full, into available dumpsters. Re-stock indoor and outdoor men's and women's restrooms with toilet paper and paper hand towels as needed throughout the event. Thel Fairgrounds Caretaker will make these items available to users. d) Pick-up trash in, and around, the indoor and outdoor restrooms, the kitchen, and concession stands and leave fixtures, appliances, and counter surfaçes clean. Sweep and mop, or vacuum indoor floor surfaces. e) Make appropriate arrangements for providing the necessary crowd control, public safety, and building  should be documented and willl be addressed on the next regular work day.  calls for service.  arena floor, toilet paper and hand towel paper supplies, first aid supplies, etc.  security for the event.  f)  Ensure that scheduled dance events end at 12:001 Midnight, no exceptions,  20. Prowers County assumes. noi responsibility for lost or stolen items. 21. Alcohol is not allowed on the Fairgrounds at any time.  22. Building or grounds emergency call: 931-0034 or 931-9335. Medical or safety emergency call: 911.  Ihave read, understand, and agree to the terms and conditions outlined in this agreement.  Date: 101323 Organization: Lobbrodo Authorizing Agent Printed name: Authorizing Agent Signature: For Rodeo Events:  Hountol Thunobr  Zhurner A  K5  Authorized Tractor/Equipment Operator Printed Name: Kel - Thecner  Update 01/25/2023  Fairgrounds Rental Agreement    PROWERS COUNTY FAIRGROUNDS  FEE SCHEDULE  NFP Profit $150 $150 $225 $225  Resident Non-Resident For) Profit $300 $300 $225 $225  #of days/head oflivestock  Facilities Requested Arena Rent Daily Pavilion' Rent Daily Home Economics' Bldg. Rent Daily Vaqueros Bldg. Rent Daily Use ofl Parking Lots Arenal Lot/ /Grounds Daily Overnight Boarding (Arena Pens) $5/Head Daily *Pavilion Boarding Rodeo. Events Minimum Fee Daily R.V. or Camper Parking One! Electric Pedestal and One Water Connection per Rented Space only Daily Dry Camping and. Horse Penning at] Designated Southwest. Parking Lot ONLY Daily Elmer's Garden Daily Cleaning/Damage Deposit (Due 10 days prior to use) TOTAL (DUE 101 DAYS PRIOR TO USE)  Not For Commercial Commercial  Total  For Profit $970 $970 $425 $425 $210 $10/head $40 $30  $5/Head $30 $20  $10 $20  $10/ $0.00 $75  $10 $0.00 $75  $20 $0.00 $125  $  * Rental Fees for the Pavilion will not be charged since the Event Organizer is responsible for collecting the  $10.001 Fee. The $10.00 feei is still subject to 50/50 split,  Update 01/25/2023  5  Fairgrounds Rental Agreement    1. Fees are based upon aj per calendar day rate. Events which extend beyond midnight oft the scheduled day 2. NFP stands for Not for Profit Organization. The Board reserves the right to request verification of! NFP 3. A commercial enterprise is defined as an activity where fees are charged to entrants and the sponsoring entity retains some or all oft the proceeds from the activity or where goods or services are offered fors sale or lease to the general public. The Board reserves the right to determine if an enterprise is a commercial 4. Commercial vendors will pay a fee in addition to the fees listed on the attached fee schedule in the amount of 1% of gross sales, based upon the vendor's! projections. The amount of the projected sales will 5. Iti is understood that these fees are for the use of the facilities requested only and does not in any way 6. Iti is the responsibility of the Event Organizer to make arrangements to meet on-site with the) Fairgrounds Caretaker: no later than 4 days prior to the event toi receive building keys and facility use instructions. a. Covered and uncovered stall fees are to be reserved, collected, refunded for cleaning, and i. Ifc covered stalls are cleaned by the Bvent Organizer after use, the amount collected is split 50%/50%1 between the Event Organization and] Prowers County.  may bes subject to ai feei for an additional day.  status. activity.  be verified by comparison oft thej projection to Sales Tax as reported to the State.  include the use of) Prowers County Personnel. 7. REGISTERED EVENTS ONLY:  accounted for by thel Event Organizer with thet understanding that:  8. REGISTERED EVENTS ONLY:  a, RV Electrical and water hook-up fees are to be reserved, collected, and accounted for by the i. Each individual RV hook-up is provided for use exclusively by only one reserved RV. ii, No horses or livestock shall be penned near or around RV: hook-up areas. Paid. RV users ii. $5.00 from each RV: hook-up and dry camping fec reserved and collected is returned to iv. No RV, Trailer, Camper or Horse Trailer electrical hook-ups are allowed at any electrical outlet located on the Pavilion Structure. The Event Organization will be responsible to pay for any damage incurred due to unauthorized electrical connections.  Event Organizer with the understanding that:  There is no sharing of electrical or Water hook-ups. must] pen horses in covered stalls. the Event Organization,  Update 01/25/2023  6  Fairgrounds Rental Agreement    PROWERS COUNTY FAIRGROUNDS REGISTERED RODEO EVENTS  FAIRGROUNDS USE: following information:  The Prowers County Fairgrounds is available for registered rodeo events in-season from April through October. Conditions for use of the facilities for all events including registered rodeo events are specifically detailed in the 1. Prowers County Fairgrounds Facility Rental Reservation. Agreement, 3 pages. Revised October 20, 2011. 2. Prowers County) Fairgrounds Facility Rental Agreement, I page. Revised October 20, 2011, 4. All event organizers who may be interested in reserving the Prowers County Fairgrounds for ai registered rodeo event are encouraged to read very carefully all of the rental information provided by Prowers  3. Fairgrounds Fee Schedule, 2 pages. Revised October 18, 2011.  County before scheduling any rodeo event.  REGISTERED RODEO. EVENTS:  Scheduled registered rodeo events are to be conducted in cooperation with the established fees and agreements for use of the Prowers County Fairgrounds. Event organizers are encouraged to include this information in all event literature distributed to potential rodeo participants in an effort to lessen costly misunderstandings during the  event.  Unless otherwise specified, the following are. applicable toi registeredi rodeo events:  1. The fairgrounds rodeo arena is watered regularly using a water reel. Use of the water reel by event organizers is prohibited, The rodeo arena may be watered once daily during a registered rodeo event at the event organizers request only ifscheduled and coordinated with the Fairgrounds Caretaker. 2. The fairgrounds rodeo arena is worked prior to the rodeo event by the Fairgrounds Caretaker using Prowers County equipment. Working the arena during the event is the responsibility of the event coordinator. The county traçtor and attached arena king finisher are available for use by the event coordinator, or specified driver, for the duration of the event. A key to the tractor is provided only after the specified driver has met on-site with the Fairgrounds Caretaker for operating instructions. 3, Concession stand use is by reservation only. Call the Prowers County Extension service (336-7734) to 4. The event organizer is responsible to reserve and cnllect fees for covered stalls located in tbe Prowers County Pavilion. The stalls are located in the Prowers County Sale Bamn and set-up by Prowers County a. Scheduling with thel Fairgrounds Caretaker for selting up horse stalls int the Pavilion. b. Scheduling with thel Fairgrounds Caretaker for cleaning the stalls after the event. 6. The event organizer is responsible for reserving and collecting all fees associated with R.V. hook-ups, dry  reserve.  Staffbefore the event.  5. The event organizer is responsible for ensuring the following:  camping, and horse stall: fees.  The event organizer is responsible for ensuring the following:  1. No horses shall be tied or penned at, or near, any R.V. electrical or water hook-up located at the arena parking area and arena parking area fencing, or at the R.V. hook-ups located north of the Prowers 2. No R.V. campers, horse trailers, or other similar vehicles shall not be allowed to park near, and/or plug any electrical cord into the electrical outlets located in thel Prowers County Pavilion. 3. No horses shall be tied to, or penned near, any permanent fence or any tree located anywhere on 4. All dry camping and horse penning shall bel located in the south west dirt parking area only. Under no cireumstances shall dry camping and penning be located on roto-mill, asphalt, or grass areas elsewhere on the Prowers County Fairgrounds property. The Event Organizer is responsible for the  County Pavilion.  Prowers County Fairgrounds property.  cost of clean-up ifhorses are penned or tiedi in areas outside dry camp areas.  Update 01/25/2023  7  Fairgrounds Rental Agreement    5. All R.V. hook-ups (pedestal) provided for use during registered rodeo events are for one (1) R.V. camper only. Under no circumstances shall more than one. R.V. camper plug into a1 reserved pedestal. 6. AII horses and livestock are prohibited from access to paved pedestrian and driveways, grassy areas, treed areas, and covered buildings with the exception oft the Prowers County Pavilion.  Update 01/25/2023  8  Fairgrounds Rental Agreement    USE OF THE PROWERS COUNTY FAIRGROUNDSR..  ELECTRIC PEDESTALS  In an on-going effort to mitigate potential damage, and to maintain safe, reliable electrical pedestals it is the  responsibility oft thel Event Organizer to remind each camper utilizing the pedestals that:  Each electrical pedestal is wired for 50 amp., 30 amp., or 20 amp. uses and should not be overloaded with Each electrical pedestal is intended to be used by a single user. One camper one pedestal. Choose one 50,30, or 20 amp outlet that best meets the required load: for each R.V. or Camp Trailer. Bach electrical pedestal is complete and ready for use. Under no circumstances shall the façe plate cover ber removed and/or the electrical outlets, wiring, or related pedestal components be manipulated, Use only safe and well maintained electrical cords and plugs designed to carry the specified load, Under no circumstances shall exposed cord wires be direct wired into any electrical pedestal or pedestal outlet. Do not secure livestock or pets to the electrical pedestals or water hydrants located in designated R.V. The electrical pedestal located north of the Crow's Nest is intended for auxiliary use only and isnot Report any damaged pedestals to the event coordinator, or fairgrounds staff as soon as the damage is discovered, Damage to pedestals will be charged toi the event organizer at aj rate double the cost for repair  multiple or piggyback cords and appliances.  campsites or throughout the fairgrounds. available for campers. orreplacement.  Under no circumstances shall RV: Pedestals be used by vendors.  Campers are encouraged to use the electrical pedestals safely and responsibly. The pedestals are checked daily and potential safety hazards are reported to event coordinators for immediate corrective actions. Recommendations may include re-locating campers who share pedestals, removing and replacing hazardous cords, rescinding use of  an electrical pedestal, or requiring compensation forr repairing damaged pedestals.  Update 01/25/2023  9  Fairgrounds Rental Agreement    HOME EC. BUILDING CHECKLIST  Dor not tape or hang decorations from the ceiling grid or celling tile. Dor noti tape or staple decorations to tables, chairs, walls, windows, or doors Please place all chairs and tables back ast they were before leaving. Cleaning supplies are in the custodial supply closet located ini ther men's room, Please clean and dry all counter tops, sinks, and appliances in restrooms.  Clean and put away any items that you used.  Sweep and' Vacuum thet floors. Wipe down all the tables, south door of the building. Turn ther meeting room lights off. (689 Ini the winter or 759 int the summer)  Pickup all trash in restrooms, kitchen, and meeting room and place in the dumpsters located outside the  Please return thermostat settings back tot the original temperature.  Close and lock all windows and doors. Place the building keys in the drop box located near the south  door.  Please leave the building int the condition youi found it.  Please call (719) 931-0034 to reach the caretaker.  KITCHEN CHECKLIST  Please plan fore enough time to clean-up after use. Iti is your responsibility to cleani the Kitchen after usingi it.  Wash all dishes and utensils and place back In the proper location.  Wipe off all counter tops.  Clean all of the appliances you use including the stove, microwave, coffee machine, and refrigerator.  Clean and dry the sinks and faucets. Clean up all: spills on1 floors and counter tops.  Sweep and mopi floors.  Leftover food will be disposed of, be suret to take leftovers with you.  Update 01/25/2023  10  Fairgrounds Rental. Agreement    VAQUEROS BUILDING CHECKLIST  Dor nott tape or hang decorations from the ceiling grido or ceiling tile. Dor not tape or staple decorations to tables, chairs, walls, windows, or doors Please place all chairs and tables back as they were before leaving. Cleaning supplies are int the custodial supply closet located in the men's room.  Clean and put away any items that you used.  Please clean and dry all counter tops, sinks, and appliances in restrooms,  Sweep and' Vacuum the floors. Wipe down all the tables. south door of the bullding. Turn the meeting room lights off. (689 Ini the winter or 758 in the summer)  Pickup all trash in restrooms, kitchen, and meeting room and place In the dumpsters located outside the  Please return thermostat: settingsb back to the ariginaltemperature.  Close and lock all windows and doors. Place the building keys in the drop box located near the south  door.  Please leave the building in the condition youi found it.  Please call (719) 931-0034 to reach the caretaker.  KITCHEN CHECKLIST  Please plan for enough time to clean-up after use. Itisy yourr responsibility to clean the Kitchen after using it.  Wash all dishes and utensils and place back ini the proper location.  Wipe off all counter tops.  Clean all of the appliances you use including the stove, microwave, coffee machine, and refrigerator.  Clean and dry the sinks and faucets. Clean up all spills on floors and counter tops.  Sweep and mop floors,  Leftover food willl be disposed of, be sure tot take leftovers with you.  Update 01/25/2023  11  Fairgrounds Rental Agreement    PROWERS COUNTY  REQUEST! FOR WAIVER OF FEES. ATI FAIRGROUNDS  On behalf of Lobrodo Knky hemehIdol hereby request a waiver of fees for L lel Like Bosk whyhe Oens fe be uniol  rental of the Fairgrounds. The waiver is needed because  LwLAy akos RVaa 2y CGmp ILhK Sec neehd we will, py M A  Boa 22224 Authorized *  10/5/23  Agent  Date  Request is approved with the following conditions:  Date:  Chairman  Prowers County Board of Commissioners Request is denied for the following reason:  Date:  Chairman  Prowers County Board of Commissioners    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10/10/2023 Submitter: Mark Westhoff  Submitted to the County Administration Office on: 10/4/2023  Return Originals to: Mark Westhoff Number of originals to return to Submitter: 0  Contract Due Date: N/A  Item Tite/Recommended Board Action: Consider approval ofletter to the Transportation Commission of Colorado opposing the proposed merger oft the SE TPR and the SCTPR. Justification or Background: Copies ofthe original letter will be sent to: Vince Rogalski, STAC Chair; Terry Hart, TC Representative for SE Colorado; US Senator. John Hickenlooper; US Senator Michael Bennet; US Representative Ken Buck, CO-04 Congressional District; CO Senator Rod Pelton, Senate District 35; CO Representative Ty Winter, House District 47; John  Galusha, South Central TPR  Fiscal Impact: This item is budgeted in the following account çode:  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!    5.  Board of County Commissioners  Prowers County 301 South Main, Suite 215 Lamar, Colorado 81052-2857  (719) 336-8025 RONCOOK SECONDI DISTRICT  FAX: (719) 336-2255  THOMAS GRASMICK FIRST DISTRICT October 10, 2023  WENDY BUXTON-ANDRADE THIRDI DISTRICT  Colorado Department of Transportation Transportation Commission of Colorado 2829 W. Howard Place Denver, CO 80204 Emailed to:. ennifer.uebelnerelner@state.co.us Dear Transportation Commission:  The Board of County Commissioners for Prowers County writes this letter expressing our strong opposition to the recommendation by the Colorado Department of Transportation (CDOT) to combine the Southeast Transportation Planning Region (SE TPR) with the South Central As a member County of the SE TPR, which also represents the counties of Baca, Bent, Crowley, Kiowa, and Otero Counties and the municipalities within those six counties, Prowers County feels adamant that we must remain asa as separate TPR. The SETPR currently encompasses: 9,570square The proposal aims to combine SE TPRI with SC TPR. SCTPR is 6,368 square miles and encompasses two counties and 15 municipalities within their boundaries. This would create an enormous area and we already have monumental tasks of representing our respective area without adding additional counties. This creates yet again another capacity issue to an already stressed area that We understand that per statute, there can only be 10 TPRS. However, we are very concerned that CDOT conducted a reassessment of the 10 TPR boundaries, at the request of the legislative body, and did not include any input from any of the TPR members, specifically SE, SC and Intermountain. Ini the process ofthereassessment, the SE TPR was noti invitedt tot the tablet to give input on what futurel boundaries should be and whether they should change or remain the same. The SE TPR was not made aware of the proposed changes until August 23, 2023, when CDOT requested an audience with the SE TPR as well as with the ScTPRrepresentatives: via a Zoom call. The SE TPR was made aware of the boundary review, to garner the opinion of both TPRS on whether or not we would be open tot thei idea of combining the two TPR regions. Att that meeting, both TPRS made it extremely clear that we were not int favor of the suggested merger.  Transportation Planning Region (SC TPR).  miles, including 6 counties and 26 municipalities, within its boundaries.  strives to build capacity in the regions they serve.    Again, on September 19, 2023, CDOT requested a call with both TPRS to have, what we thought, was another discussion to review the "study" data/results. At this meeting, we were informed that CDOT would recommend to the Transportation Commission to merge the two TPRS, which would then allowi them to have an additional TPR open sO that they could split the Intermountain TPR into two and by statute stay at 10 TPRS. Not only were the SE TPR and SC TPR vocal in our disapproval oft that move, but we were also informed thati the Intermountain TPR disapproved as Both TPRS were presented with data showing that we are the two smallest TPRs by population, however, no compelling data was given to either TPR to concretely confirm that there is a need to combine the TPRS. Population alone is not an equitable measure for determining size and Prowers County staunchly opposes the combining the SE TPR and SC TPR for the following  well.  scope ofaTPR. reasons:  1) Enormous Coverage area:  SE TPR covers 9,570 sq. miles and 6 counties SC TPR covers 6,368 square miles and 2 counties unreasonably large area to manage. two make more sense? 2) Loss of STAC representation: SE TPR - 1s seat at the table SCTPR-1s seat at the table Intermountain TPR-1s seat at the table Combined TPR (SE & SC)-1seat at the table Intermountain TPR - 2 seats at thet table  Combining these TPRS would result in 15,938 sq. miles and 8 counties, which is an Intermountain TPR covers 6,422 sq. miles and 5 counties, why would splitting them into  Current:  Proposed:  Prowers Countyi is vehemently opposed to either TPRI losing a voice at the table. This goes fully against the initiatives to include rural areas and encourage participation in state and federally funded programs. Additionally, based on CDOT's own assessment data, the SE and SC TPRS contain some of the largest areas of Disproportionately Impacted Communities compared to all other TPRS. Taking away a representative for these Disproportionately Impacted Communities flies in the face of CDOT's equityintiatives. The SE TPR has four integral Colorado freight corridors within its boundaries on SH 10, US The SC TPR has three integral Colorado freight corridors within its boundaries on SH 10,  3) Freight Corridor-Priority: 50, US 160 and US 287. US 160 and I-25.    These routes are part ofthe corridorst that have been identified as part of the most critical routes tot facilitate the movement of goods into, out of, and within Colorado. Freight must travel over SE TPR and SC TPR roads to get goods into the populated areas! Both SE TPR and SC TPR have extreme unease about being combined, as our region will then be competing for dollars for future infrastructure projects that address the need of our current priorities. Those allocated funds will then be shifted to either I-25 or SH 50/287 rather than being available for both corridors. These areas already get the least amount of attention ini the State and tol have it diluted even further is of grave concern. Both TPRS are extremely troubled about the funding being further diluted and/orrotated as suggested. We were presented with the assurance that our Regional Priority Plan funding would remain at the same percentage, however, we already experience challenges for prioritizing funding within our boundaries and adding additional counties ine either direction will undoubtedly cause additional challenges to gettingprojects funded  4) Funding:  and completed in a timely manner.  5) Planning Process:  The planningi process is difficult with 60 counties, and even 2 counties. Duet tot the proposed large coverage area, we feel this will further inhibit our members from participating. Priorities are also a concern. The proposed combined TPR will struggle to come to a consensus on the identification of priorities, not because of an unwillingness to work together, but because of the sheer size of the region that is being proposed and the  number of projects that fall within existing TPR boundaries.  6) Transit:  SECED in the SE TPR program is currently working on a regional transit route program. Prowers County has invested considerable time and money into this effort, and we are concerned how the merger will affect our efforts of reopening routes in the six county region. What effect will the proposed merger have on our ability to continue to secure funding to work towards that effort?. Again, the available funds will likely be diluted. Ourroads are regional priorities as theya are an economic driver for Prowers Countya and the entire region. We must continue to have safe roads that accommodate freight and domestic travelers. Highway 287 in particular isi the Ports to Plains Corridor, and has extremely high truck traffic each day. While the data may show that domestic travel is not as prevalent in our area as compared to I-70 or I-25, it is imperative to offer safety to domestic travelers through continued roadway improvements, as most crashes on our corridors involve large freight vehicles. Prowers County feels the ability of our TPR to continue to address infrastructure to accommodate safe travel is The lack of input during the time that this study was conducted is alarming. Why were the counties, municipalities and other regional stakeholders that this change will affect not brought to the table? Prowers County feels this is another example of how decisions are being made for us, without consideration of our opinions, concerns, or the logistics of rural areas. In addition, Prowers County feels that the SE TPR and SC TPR are being ordered to merge to accommodate  threatened by this merger.    the Intermountain TPR, which isn't interested in the proposed changes to their TPR either. Leaders within the Intermountain TPR have expressed that while they face internal challenges with the counties they represent, they did not ask for the boundary changes, and certainly they Prowers County does not feel that the comparison of the SE and SC TPRS to TPRS located along the I-70 corridor yields a fair assessment. We are rural frontier regions and as such our travel patterns and data are very different from urban or rural resort regions, but certainly not any less important. At the end oft the day, the roads traveled in our region lead to thei interior of this great State, and they are, and will remain a reflection of the time, money, and effort of those in authority. If the SE and SC TPRS are merged, the vital roads in our region will deteriorate. The Board of County Commissioners for Prowers County, Colorado respectfully asks that you reconsider the combining of the SE TPR and SCT TPR and truly hope that our voices will be heard  do not want a change at the expense of other TPRS.  and considered in the HB23-1101 boundary decision.  Thank you,  Board of County Commissioners for Prowers County, Colorado  Ron Cook, Chair  Wendy Buxton-Andrade, Vice-Chair  Thomas Grasmick, Commissioner Cc: Vince Rogalski, STAC Chair  Terry Hart, TC Representative for SE Colorado Honorable US Senator John Hickenlooper Honorable US Senator Michael Bennet  Honorable US Representative Ken Buck, CO-04 Congressional District Honorable CO Senator Rod Pelton, Senate District 35 Honorable CO Representative TyV Winter, House District47  John Galusha, South Central TPR    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10/10/2023 Submitter: Mark Westhoff  Submitted to the County Administration Office on: 10/4/2023  Return Originals to: Mark Westhoff Number of originals to return to Submitter: 0  Contract Due Date: N/A  Item Title/Recommended Board Action: Consider approval of Amendment tol Fairgrounds Facility Rental Agreement and Waiver of Fees for Southeast Colorado Can Chasers (SECCC) previously approved by Prowers BOCC on March 21, 2023. This amendment will change the rental date for SECCC's final event from October 8, 2023 to October 29, 2023. Justification or Background: The original date of10/8/23 was double-booked internally. SECCC discussed the new date with Faron Williams and he approved. Fiscal Impact: This item is budgeted in the following account code:  County: $  Fedcral: $  Statc: $  Other: $  Approved by the County Attorney on: Additional Approvals (if required):    PROWERS COUNTY FAIRGROUNDS FACILITY  RENTAL AGREEMENT  Today's. Date: 3/13/2023 Name of Organization: SECCC  Date(s) of Events: Calendar attached Set Up Time: 11:00 3:00 am pm Event Starts: 1:45 5:45 am pm Finish Time: 5:00 10:00 am pm  Name & Address of Authorized Agent:  SECCC Tori Hawks 35100 Cnty RdsS Wiley, CO 81092 Phone: 7196889024 Sales Tax ID:  X Arena Centennial  X Home Eege8 Pavilion  Type of Event: Barrel Races  Ifapproved by thel Board of County Commissioners, Iagreet toj pay fees int the amount of$  or to submit  arequest for a waiver oft the fees. Iunderstand the decision to waive any or all ofthef fees are at the total discretion oft the Board of Commissioners. Ihave attached copies ofi my State of Colorado Sales Tax License and the City of Lamar Sales TaxLicense. Failure to do SO will result in denial ofi my rental request, unless Iaml legally exempt. The  attached/aseltems: are part of this agreement.   Authorized Agent  343/23 Date  The Board of County Commissioners reserves the right to not lease any portion or all of the Fairgrounds to any organization which it deems in its sole discretion, to be in direct and adverse competition to Prowers County merchants or is otherwise detrimental to Prowers County citizens. Fees may be adjusted at the discretion of the Board based upon the number of participants' or unique conditions. Fees are based on daily rates.  Rental Approved: Chmillans Maintenarze & ABa Chaifman  3-15-23 Date 3-27-2023 Date  Director Vat  Prowers County Board ofCommissioners  For County Use Only: Date Booking Fee Paid $25.00: Date Rental Fee Paid: Inspection completed:,  Damage/Cleaning Deposit: Date Paid:  Damage/Cleaning Deposit Refunded: Y/N, ifno, see attached.  Please note that any deposit refund due back to you will be provided by a Prowers County check. Checks are  issued upon approval at the Commissioners' meetings. Liability Insurance received: Yes_ No - Date:  Update 10/15/2021  Fairgrounds Rental Agreement  Eclai    PROWERS COUNTY FAIRGROUNDS  FACILITY RENTAL RESERVATION AGREEMENT Between Prowers County Board of Commissioners (Commissioners), and the Authorizing Agent renting the 1. Determination of fees for use of the facilities shall be made by the Commissioners in accordance with the established fee schedule and agreed to by the User at the time the reservation is confirmed. 2. Unique events may require an increase in fees/charges and/or conditions in addition to those shown. The Commissioners reserve the right to modify any oft the conditions as neçessary on a case-by-case basis. Holiday use ofthel Fairgroundsi is subject to approval byt the Commissioners All County holidays are observed1 by County Maintenance Personnel. Nol Prowers County Personnel will be made available to users over County approved Thanksgiving and Christmas holidays. Additional fees will be assessed for events scheduled on holidays. Overtime charges for County Maintenance Personnel at a rate of two times the normal hourly rate will be charged for holiday events in addition to regular fees and charges with the exceptions described previously in  facility, (User).  this paragraph. Fees and deposits  3. Usc ofall façilitics shall be scheduled through the Prowers County Administration Office only. a) A non-refundable booking fee of $25.00 per event must be paid when each event is scheduled. b) The $25.00booking feei is duel before ani individual or entity may havet their name placed ont thel Fairgrounds Ifthe event does not go forward for whatever reason, the $25.00: fee WILLNOTI BE REFUNDED. d) Remainder of fees and security deposit must be submitted to the office no less than 10 working days prior to the date scheduled. (Commercial users: fees must be paid in certified funds.) The security/damage deposit is required and due from all users whether use fees are waived or not. Failure to pay fees 10 working days prior to event may result in cancellation oft facility use. Acçess to the facilities at any time other than stated on this form is not allowed unless prior approvali isi received from Prowers County. Please note that any deposit refund due back to you will be provided by a Prowers County check. Checks 4. The scheduling of the activities shall be made in the name of one individual who must, as a çondition of use, read this document and accept responsibility for adequately supervising the event; assure that the facilities are usedi for thej purpose for which they are: scheduled; reimburse the County for damage tot thej property or facilities including excessive clean-up costs that may occur in connection with the event; assure payment, in full, ofall charges for space and equipment requested; and ensure that all promotion and advertising of events involving 5. The cleanup and damage deposit must bej paid 10 working days prior to the: scheduled event. Said deposit shall be utilized by the county, if at all, for cleanup of the rented premises and repair of damages to same made necessary by the User's rental oft the premises. In the event that the User performs cleanup of the premises ina a suitable: manner; said deposit will be reviewed for return to the User at the next regularly scheduled meeting of the Commissioners. User will be personally liable for any expense for damage and/or cleanup in excess of 6. Inc case of cancellation, fees will be refunded (less booking fee) ifnotice of cancellation is received 10 working days prior to scheduled use. If the event is cancelled due to inclement weather, the event may be rescheduled with no additional fees due. Ift the event is rescheduled for any other reason, an additional booking fee will be  Calendar to reserve a facility at the Fairgrounds.  arei issued upon approval at the Commissioners' meetings.  the use oft the facilities shall identify the individual or group sponsor of the event.  the required deposit.  charged.  7. Subleasing or charging additional fees to use the Fairground Facilities will not be permitted.  Update 10/15/2021  2  Fairgrounds Rental Agrcement    8. Non-commercial User may have one day in advance for set-up, decorating, etc. between thel hours of 8:00am and 4:00pm on the condition there ismothing previously booked on that date. Ifadditional days are required for special set-up/lear-down is required, standard facility use days will be charged on a % day basis. 9. Liability insurance is required for all commercial events. Certain "at risk" activities i.e. rodeos, tractor pulls, carnivals, circuses, etc. are required to provide liability insurance. An insurance certificate showing Prowers County as an additional insured must be provided to the County no later than 10 working days prior to the 10. Under Colorado Law, an equine professional is not liable fora anyi injury to or the death ofaj participant in equine activities resultingi in the inherent risks of equine activities, pursuant to Section 13-21-119, Colorado Revised 11. The User acknowledges that User's rental of County's property is not subject to the direct supervision and control of County personnel. Accordingly, and in express consideration for the within rental agreement, User herby agrees to indemnify, and hold harmless, Prowers County, its officers, agents, and employees from and against any and all claims for liability asserted for personal injury, or property damage to any and all persons or entities whatsoever, and arising out of User's rental of County's property as hereinabove set forth. This indemnification expressly extends to any and all damage awards, and shall further cover all costs of defense, which shall be conducted in County's sole discretion, including attorney's and expert witness fees. 12. The within agreement shall be and become binding upon, and inure to the benefit of thej parties hereto, their heirs, personal representatives, successors and designs. Any action necessary to construe, interpret, or enforce thej provision oft the within agreement shall be brought and maintained in thel District Court in and for Prowers County, Colorado, with the substantially prevailing party therein being entitled, as a matter of contract law an agreement toi recover its costs and expenses therein incurred, including reasonable: attorney's and expert witness 13. Falsified or misleading information on this formi may be cause for cancellation oft this contract and forfeiture of 14. The user shall pay, in full, the required fee, damage deposit fee, or security deposit fee as established by the Prowers County Board of Commissioners. It is Prowers County policy that no facility shall be made available for use until full payment of the required fee is recorded. Iti is understood that this document defines use as Fairground Facility use only and does not in any wayi include the use of Prowers County Personnel. Each user iss solely responsible for the care of the facilities, preparation of the arena floor for the duration of the event, clean-up of the facilities, grounds, andj parking areas during, and at the conclusion, of the event. Parking areas 15. The users shall be required to call for an on-site facility orientation with thel Fairgrounds Caretaker no later than 5working days prior tot thee event. The user willl be: familiarized with information pertaining to use ofthe facility, obtain keys, and willl have the opportunity to ask questions oft the caretaker. The Fairgrounds Caretaker can be reached by calling 931-0034 andi is available to schedule an orientation Monday - Friday 9:00am tol Noon and 1:00pm to 3:00pm. Regularly scheduled monthly meeting organizers are not required to complete an orientation, however, are expected to cooperate with the expectations, for use outlined in this document. The user understands that Prowers County does not employ 7 day per week, 241 hour per dayl Fairgrounds Personnel. The Fairgrounds Caretaker hours are scheduled from 8:00 am to 5:00pm, Monday Friday. The Fairgrounds Caretaker schedule may change to correlate with an event; however, changes must be pre-approved and are at 16. Every effort has been made to provide Fairground Facilities that are adequately maintained and appropriately prepared for normal use. Iti is further understood that building and grounds systems can, and do, fail at times. Failures may include, but are not] limited to; electrical outlet power losses and blown breakers due to: abnormal use and overloaded circuits, public announcing or loudspeaker malfunctions, lighting failures, water supply problems, and restroom malfunctions, etc. There are no guarantees against such failures either implied or stipulatedi in this document. Prowers County Personnel will only bei made available during off-hours int thee event  set-up, an additional fee of $  will be charged for each additional day. Commercial Users: If  scheduled event. Statutes.  fees.  security deposit and/or fees paid and may result in loss of future usage of the facility  arei included int the use and clean-up of all: facilities.  the discretion of the Prowers County Maintenance Supervisor.  Update 10/15/2021  3  Fairgrounds Rental Agreement    ofan emergency pertaining to lifes safety or unsanitary conditions. All other unexpected occurrences should be 17. The user understands that costs incurred by Prowers County due to responding to non-emergency calls for service, facility or grounds clean-up, and sub-contractor repairs for damages to equipment or facilities willl be billed to the user at a rate of2 times the actual costs. Iti is the user's responsibility to minimize non-emergency 18. The user agrees that it is their responsibility to provide, and be responsible for, the equipment or supplies necessary to circumvent potential failures int the buildings, restrooms, or arena including; portable generators, portable toilets, portable amplifier or loudspeaker systems, water, and/or water trucks for wetting a dusty arena 19. The user is specifically: responsible to ensure adherence to these written and any posted policies and to; a) Provide written documentation specifying any concerns, system failures, or break-downs and deliver that documentation tot the Fairgrounds Caretaker. Please dor not manipulate circuit breakers. b) Pick-up trash and debris accumulated during the eventi including p parking areas, and deposit the trash in the 55 gallon trash drums provided, ori iffull, into available dumpsters. Re-stock indoor and outdoor men's and women's restrooms with toilet paper and paper hand towels as needed throughout the event. Thel Fairgrounds Caretaker will make these items available to users. d) Pick-up trash in, and around, the indoor and outdoor restrooms, the kitchen, and concession stands and leave fixtures, appliances, and counter surfaces clean. Sweep and mop, or vacuum indoor floor surfaces. Make appropriate arrangements for providing the necessary crowd control, public safety, and building  documented and willl be addressed on the next regular work day.  calls for service.  floor, toilet paper and hand towel paper supplies, first aid supplies, etc.  security for the event.  I) Ensure that scheduled dance events end at 12:00 Midnight, no exceptions. 20. Prowers County assumes no responsibility for lost or stolen items. 21. Alcohol is not allowed on the Fairgrounds at any time.  22. Building or grounds emergency call: 931-0034 or 931-9335. Medical or safety emergency call: 911.  Ihave read, understand, and agree to the terms and conditions outlined in this agreement.  Date:313/22 Organization: SECC Authorizing Agent Printed Authorizing Agent For Rodeo Events:  e  Authorized Tractor/Equpment Operator Printed Name:_ Titus Sharpe or Bryce Reese  Update 10/15/2021  Fairgrounds Rental Agreement    PROWERS COUNTY FAIRGROUNDS  FEE SCHEDULE  NFP Profit $150 $150 $150  Resident Non-Resident For Profit $300 $300 $150  #of days/head oflivestock  Facilities Requested Arena Rent Daily Pavilion Rent Daily Home Economics' Bldg. Rent Daily Use of Parking Lots Arena Lot Grounds Daily Overnight Boarding (Arena Pens) $5/Head Daily * Pavilion Boarding Rodeo. Events Minimum Fee Daily R.V. or Camper Parking One Electric Pedestal and One Water Connection per Rented Space only Daily Dry Camping and) Horse. Penning atl Designated Southwest Parking Lot ONLY Daily Elmer's Garden Daily Cleaning/Damage Deposit (Due 10 days prior to use) TOTAL (DUE 10 DAYS PRIOR TO USE)  Not For Commercial Commercial  Total  For Profit $970 $970 $350 $210 $10/head $40 $30  $5/Head $30 $20  $10 $20  $10 $0.00 $125  $10 $0.00 $200  $20 $0.00 $200  $  *Rentall Fees for the] Pavilion will not! be charged since thel Event Organizer is responsible for collecting the $10.00  Fee. The $10.00: feei iss still subject to 50/50 split.  Update 10/15/2021  Fairgrounds Rental Agrcement    1. Fees are based upon aj per calendar day rate. Events which extend beyond midnight oft the scheduled day 2. NFP stands for Not for Profit Organization. The Board reserves the right to request verification of NFP 3. A commercial enterprise is defined as an activity where fees are charged to entrants and the sponsoring entity retains some or all oft the proceeds from the activity or where goods or services are offered for sale or lease to the general public. The Board reserves the right to determine if an enterprise is a commercial 4. Commercial vendors will pay ai feei in addition tot the fees listed on the attached fee schedule in the amount of1%ofg gross sales, based upon the vendor'sprojections. The amount oft thej projected sales will be verified 5. Itis understoodi thatt these fees arei fort the use ofthe facilities requested only and does noti in any wayi include 6. It is the responsibility of thel Event Organizer to make arrangements to meet on-site with the Fairgrounds Caretaker no later than 4 days prior to the event to receive building keys and facility use instructions. a. Covered andi uncovered stall fees are tol ber reserved, collected, refunded for cleaning, and accounted  may be subject to a feet for an additional day.  status. activity.  by comparison of thej projection to Sales Tax as reported to the Statc.  the use of] Prowers County Personnel. 7. REGISTERED EVENTS ONLY:  for by the Event Organizer with the understanding that:  Ifcovered stalls are cleaned by thel Event Organizer after use, the amount collected is split  50%/50% between thel Event Organization and Prowers County.  8. REGISTERED EVENTS ONLY:  a. RVI Electrical and water hook-up fees are to bei reserved, collected, and accounted for by thel Event 1. Each individual RV hook-up is provided for use exclusively by only one reserved RV. ii. No horses or livestock shall be penned near or around RV hook-up areas. Paid RV users iii. $5.00 from each) RVI hook-up and dry camping fee reserved and collected is returned to the iv. No RV, Trailer, Camper or Horse Trailer electrical hook-ups are allowed at any electrical outlet located on the Pavilion Structure. Thel Event Organization willl be responsible toj pay  Organizer with the understanding that:  Therei is no sharing ofe electrical or water hook-ups. must pen horses in covered stalls. Event Organization.  for any damage incurred duct to unauthorized electrical connections.  Update 10/15/2021  Fairgrounds Rental Agreement    PROWERS COUNTY FAIRGROUNDS REGISTERED RODEO EVENTS  FAIRGROUNDS USE: followingi information:  The Prowers County Fairgrounds is available for registered rodeo events in-season from April through October. Conditions for use of the facilities for all events including registered rodeo events are specifically detailed in the 1. Prowers County Fairgrounds Facility Rental Reservation Agreement, 3 pages. Revised October 20, 2011. 2. Prowers County Fairgrounds Facility Rental Agreement, 1 page. Revised October 20, 2011. 4. All event organizers who may be interested in reserving thel Prowers County Fairgrounds for a registered rodeo cvent are encouraged toi read very carefully all ofthei rentali information provided byl Prowers County  3. Fairgrounds Fee Schedule, 2 pages. Revised October 18, 2011.  before scheduling any rodeo event.  REGISTERED RODEO EVENTS:  Scheduled registered rodeo events are tol be conducted in cooperation with the established fees and agreements for use of the Prowers County Fairgrounds. Event organizers are encouraged to include this information in all event literature distributed toj potential rodeoj participants in an cffort tol lessen costly misunderstandings during the event. 1. The fairgrounds rodeo arena is watered regularly using a water reel. Use of the water reel by event organizers is prohibited. The rodeo arena may be watered once daily during a registered rodeo event at the event organizers request only ifs scheduled and coordinated with thel Fairgrounds Caretaker. 2. The fairgrounds rodeo arena is worked prior tot the1 rodeo event by the Fairgrounds Caretaker using Prowers County equipment. Working the arena during the event is the responsibility of the event coordinator. The county tractor and attached arena king finisher are available for use by the event coordinator, or specified driver, for the duration of the event. A key to thet tractor is provided only after the specified driver has met 3. Concession stand use is by reservation only. Call the Prowers County Extension service (336-7734) to 4. The event organizer is responsible to reserve and collect fees for covered stalls located in the Prowers County Pavilion. The stalls are located in the Prowers County Sale Barn and set-up by Prowers County a. Scheduling with the Fairgrounds Caretaker for setting up horse stalls in the Pavilion. b. Scheduling with thel Fairgrounds Caretaker for cleaning the stalls after the event. 5. The event organizer is responsible for reserving and collecting all fees associated with R.V. hook-ups, dry  Unless otherwise specified, the following are applicable to registered rodeo events:  on-site with the Fairgrounds Caretaker for operating instructions.  reserve.  Staffbefore the event.  5. The event organizer is responsible for ensuring the following:  camping, and horse stall: fees.  The event organizer is responsible for ensuring the following:  1. No horses shall be tied or penned at, or near, any R.V. electrical or water hook-up located at the arena parking area and arena parking area fencing, or at the R.V. hook-ups located north oft the Prowers 2. Nol R.V. campers, horse trailers, or other similar vehicles shall not be allowed to park near, and/or plug any electrical cord into the electrical outlets located in the Prowers County Pavilion. 3. Nol horses shall bet tied to, or penned near, any permanent fence or any treel located anywhere on Prowers 4. All dry camping and horse penning shall be located in the south west dirt parking area only. Under no circumstances shall dry camping andj penning bel located oni roto-mill, asphalt, or grass areas elsewhere on the Prowers County Fairgrounds property. Thel Event Organizer is responsible for the cost of clean-  County Pavilion.  County Fairgrounds property.  upi ifhorses are penned or tiedi in areas outside dry camp areas.  Updàte 10/15/2021  7  Fairgrounds Rental Agreement    5. All R.V. hook-ups (pedestal) provided for use during registered rodeo events are for one (1) R.V. camper only. Under no circumstances shall more than one. R.V. camper plugi into a reserved pedestal. 6. All horses and livestock are prohibited from access toj paved pedestrian and driveways, grassy areas, treed areas, and covered buildings with the exception oft thel Prowers County Pavilion.  Update 10/15/2021  Fairgrounds Rental Agreement    USE OF THE PROWERS COUNTY FAIRGROUNDSRV,  ELECTRIC PEDESTALS  In an on-going effort to mitigate potential damage, and to maintain safe, reliable electrical pedestals it is the  responsibility ofthel Event Organizer to remind each camper utilizing thej pedestals that:  Each electrical pedestal is wired: for 50 amp., 30 amp., or 20 amp. uses and should not be overloaded with Each electrical pedestal is intended to be used by a single user. One camper one pedestal. Choose one 50, 30, or 20 amp outlet that best meets the required load for each R.V. or Camp Trailer. Each electrical pedestal is complete and ready for use. Under no circumstances shall the face plate cover ber removed and/or the electrical outlets, wiring, or related pedestal components be manipulated. Use only safe and well maintained electrical cords andj plugs designed to carry thes specified load. Under no circumstances shall exposed cord wires be direct wired into any electrical pedestal or pedestal outlet. Do not secure livestock or pets to the electrical pedestals or water hydrants located in designated R.V. The electrical pedestal located north of the Crow's Nest is intended for auxiliary use only and isnot Report any damaged pedestals to the event coordinator, or fairgrounds staff as soon as the damage is discovered. Damage toj pedestals will be charged to the event organizer at a rate double the cost for repair  multiple or piggyback cords and appliances.  campsites or throughout the fairgrounds. available for campers. or replacement.  Under no circumstances shall RV Pedestals be used by vendors.  Campers are encouraged to use the electrical pedestals safely and responsibly. Thej pedestals are checked daily and potential safety hazards are reported to event coordinators fori immediate corrective actions. Recommendations may include re-locating campers who share pedestals, removing and replacing hazardous cords, rescinding use ofa an  electrical pedestal, or requiring compensation for repairing damaged pedestals.  Update 10/15/2021  Fairgrounds Rental Agreement    HOME EC. BUILDING CHECKLIST  Do not tape or hang decorations from the ceiling grid or ceiling tile. Doi not tape or staple decorations to tables, chairs, walls, windows, or doors Please place all chairs and tables back as they were before leaving. Cleaning supplies are in the custodial supply closet located in the men' s room.  Clean and put away any items that you used.  Please clean and dry all counter tops, sinks, and appliances in restrooms and kitchen.  Sweep and Vacuum the floors. Wipe down all thet tables. door of the building. Turn the meeting room lights off. (68° in the winter or 750 in the: summer)  Pickup all trashi ini restrooms, kitchen, andi meeting room andj placei int the dumpsters located outside the south  Please return thermostat settings back to the original temperature.  Close. and lock all windows and doors. Place thel building keys in the dropl box located near the south door.  Please leave the building in the condition you found it.  Please call (719) 931-0034 to reach the caretaker.  Update 10/15/2021  IO  Fairgrounds Rental Agrecment    HOME EC. BUILDING KITCHEN CHECKLIST  Please plan for enough time to clean-up after use. Iti is your responsibility to clean the Kitchen after using it.  Wash all dishes and utensils and place backi ini the proper location.  Wipe offa all counter tops.  Clean all oft the appliances you use including thes stove, microwave, coffee machine, and refrigerator.  Clean and dry the sinks and faucets. Please clean up all spills on: floors and counter tops.  Sweep and mop: floors.  Leftover food will be disposed of, bes sure to take leftovers with you.  Update 10/15/2021  11  Fairgrounds Rental Agreement    PROWERS COUNTY  REQUEST FOR WAIVER OF FEES AT FAIRGROUNDS  On behalf of SECCC  Ido hereby request a waiver of fees for  rental of the Fairgrounds. The waiver is needed because  (No GR ansa-poht Gnizchin hah Avot ho Qrude locel out dowr Ruevs (bocel acos) RVA Suhect gied fugr euewts bunys Mymbes Buw alnuer Sovhhnecat Colcrado Gd Wllern Kenss, Last yey 2072 hk hed a hotal o $5 Wowloas, Qur MEwpS rcyge Bow a yeos Gld and dder SECCC pertyoe Lkh seerl lusiloss Me Cvea te prvde Avoeds Bim ddley dps lols ayd Mue E abe t ewloors Afler Rury face Van Lwllsee Conletchb @ Hlocel retrawt, qyay Slercy Ondgu Stctins  Sshwulcy Gur cccl etcncmy AAl-oh2083 Date(dfEvgnt Authorized   3hs123 Date  Agent  Request is approved with the following conditions:  Date:  Chairman  Prowers County Board of Commissioners Request is denied for the following reason:  Date:  Chairman  Prowers County Board of Commissioners    SECCC  SUNDAY ,45 RACES Apr123M-L lamar May 7"-lamar August 13"-las Anlmas Sept17"-las Animas Oct1"-las Animas Octg"lamar- Horlefc BANQUET AND AWARDS  BARREL  RACE  FIRST RACE  Aprill 2mi Double  Meader  TUES 5.45 RAGES May 30"-las Animas June 6"-L lamar June 13"-Las Animas June 20"- Lamar June 27"-las Animas Julyi"-lamar July25"-las Amimas Fair August1s Springlield Fairi ? - August 8"-lamar Fair? Sept G- Eauis Fair? Sept 19"-Holly Fair?  WHERE  Bent County  Fairgrounds, Las Animas, CO  Exhibitions start @1:45pm with peewees tot follow at3 pm, then combined youth and open draw.  ALL AGES EVENT  FEES: 80% PAYBACK Peewees-$10.00 Youth- $30.00 Open-S40.00 Exhihitions-$5.00 Office Fee per rider-$5.00    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10/10/2023 Submitter: Mark Westhoff  Submitted to the County Administration Office on: 10/4/2023  Return Originals to: Mark Westhoff Number of originals to return to Submitter: 0  Contract Due Date: N/A  Item Title/Recommended Board Action: Consider ratifying 10/4/2023 email poll approval of letter to the US Department of Commerce in support of SCEDD's application for the Distressed  Area Recompete Pilot Program grant. 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):    Board of County Commissioners  Prowers County 301 South Main, Suite 215 Lamar, Colorado 81052-2857  LORADO THOMAS GRASMICK FIRSTDISTRICT October 4, 2023 Alejandra Y Castillo Washington, DC 20230  (719)336-8025 RONCOOK SECONDD DISTRICT  FAX:(719)336-2255  WENDYE BUXTON-ANDRADE THIRDD DISTRICT  Assistant Secretary of Commerce for Economic Development 1401 Constitution Avenue, NW, Suite 71014  RE: Letter of Support for SCEDD Recompete Pilot Program Application  Ms. Castillo,  This letter is to express support for the Southern Colorado Economic Development District (SCEDD) application for grant funding through the Distressed Area Recompete Pilot Program SCEDD is a valued and trusted partner of Prowers County, which was identified as one of22 counties in Colorado eligible for funding through the Recompete Pilot Program. Prowers County has been designated as an economically distressed, rural county by the Colorado Economic Development Commission and is facing underemployment levels considerably higher than the SCEDD has partnered with the East Central Council of Local Governments, Logan County Economic Development Corporation, and the San Luis Valley Development Resources Group and Council of Governments to design a program that will develop a trained workforce and connect that workforce to good jobs in places and in career fields that need them most. The program will address locations where local job opportunities are extremely limited, as well as identifying individuals who have stopped looking forj jobs and left the labor force, struggle to meet job qualifications, lack reliable transportation, or need assistance with childcare. All of these efforts would greatly benefit Prowers County residents in breaking the cycle of poverty Therefore, the Board of County Commissioners for Prowers County strongly supports the efforts of SCEDD to apply for the Recompete Pilot Program to assist Prowers County and other distressed areas in our region. Thank you for your support of southeast Colorado.  through the US Department of Commerce.  State average.  with gainful employment.    Sincerely, Board of County  for Prowers County, Colorado  Ron Cook, Chair  77  W-inlaak Wendy Buxton-Andrade, Vice-Chair  Oldanak Thomas Grasmick, Commissioner    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10-10-2023 Submitter: Darren Glover, Director of PATS  Submitted to the County Administration Office on: 10-4-2023  Return Originals to: Jana Coen  Number of originals to return to Submitter: 1  Contract Due Date:  Item Title/Recommended Board Action:  Consider approval of 2024 - CDOT 5311 Admin and Operating proposed Award for Prowers Area Transit, award amount is $214,374.00 with a local match of $53,594 and authorizing Darren Glover, Director of Prowers Area Transit to  execute the document electronically. Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: $_ Federal: State: Other:  $ $ - $  Approved by the County Attorney on:  10-4-2023  Additional Approvals (if required):    COLORADO Department of' Transportation Division of Transit & Rail  CDOT  ICO  Proposed Award Summary  Agency: Prowers County  Award Letter Name: Proposed. Award Application: APP-039965  Award Type: Vehicle  -0934  Congratulations! The Colorado Department of Transportation (CDOT) Division of Transit and Rail (DTR) has received and evaluated your application. We are pleased toi inform you that DTRI has either approved or partially approved your request. This proposed award offer provides a summary of your award. Note that) you will receive one award offer per funding source and application; please follow the instructions for each award  offer received.  2023 Vehicle Expansion  Description: FTA63.PowerCoumy,2 Award Year: 2023  Funding Source: FTA-5339 Awarded Amount: $214,374.00  Your agency shall use the awarded funds to purchase the following vehicle(s):  Local  Approximate How Did You Size (In Compliant Feet) 26 26  Fuel Vehicle Award Match Total ADA Type Type Amount Amount Cost  Arrive at Purchase Price? CDOTPrice APP-039965 Agreement CDOT Price APP-039965 Agreement  Application Name  Gasoline CU Cutaway Gasoline CU Cutaway  $107,187 $26,797 $133,984 Yes $107,187 $26,797 $133,984 Yes  Budget Details & Acceptance  Awarded Amount: $214,374.00  Local Match Amount: $53,594.00  Award Offer Letter: : Page lof2    Total Project Amount: $267,968.00  Please confirm the Local Match Amount here and entert the source and status of matching funds (ify youp plan to deny the  award, please enter N/A).:  Advance Payment purchase(s)?:  Doy youwish to request Advance Payment for your vehicle  Acceptance Do you accept this award?:  Attachments  Upload Attachments Document Name  Update Date/Time  2829 W.1 Howard Place Denver, CO8 80204-2305 P303.757.9011 www.codot.gov  Award Offer Lelter: : Page 2of2    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10-10-2023 Submitter: Darren Glover, Director of PATS  Submitted to the County Administration Office on: 10-4-2023  Return Originals to: Jana Coen  Number of originals to return to Submitter: 1  Contract Due Date:  Item Ttle/Recommended Board Action:  Consider approval of 2024 - CDOT 5399 Admin and Operating Award and Statement of Work and Conditions for Prowers Area Transit, Award amount is $375,747.00 for two new buses and authorizing Darren Glover, Director of Prowers Area Transit to execute the document electronically.  Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: $ Federal: $_ State: Other:  $_ $_  Approved by the County Attorney on:  10-4-2023  Additional Approvals (if required):    EXHIBIT. A: STATEMENT OF WORK AND CONDITIONS Project Description* 2024-5311: Admin & Operating  Federal Awarding Agency Federal Regional Contact Federal. Award Date** Project End Date FAIN** CFDA Title Subrecipient Contact Name Address Email Total Project Budget Budget  Federal Transit Administration (FTA) Cindy Terwilliger Tol Be Determined December 31, 2024 CFDA# UEID# Vendor* # Phone* # Indirect Rate N/A  To Bel Determined Prowers County Darren L Glover 2001 East Hickory Street Lamar, Colorado 81052-2842 glover@prowerscouny, net WBS***  20.509 Y8C4HSXY95M6 2000368 (719)336-8039  Formula Grants for Rural Areas Program  $375,747.00 Total $375,747.00  ALI  Federal Funds  Local Funds  Administrative 23-1I-S043.PROW.620 11.79.00 80% $92,084.00 20% $23,021.00 $115,105.00 Operating 23-1-4043.PROW300 30.09.01 50% $130,321.00 50% $130,321.00 $260,642.00  Total Project Amount Encumbered via this Subaward Agreement  *Thisi is not a research and development grant.  **Thel Federal Award Date and) FAIN are not available at the time ofe execution oft this Subaward Agreement. This information willl be maintained in COTRAMS, CDOT's1 transit awards management system, and will be available *** The WBS numbers may be replaced without changing the amount ofthe grant at CDOT's discretion. Prowers County shall maintain the existence of public transportation services through the following goals:  upon request. A.  Project Description  1. 2, 3. 4.  Enhance access tol health care, education, employment, public services, recreation, social Assist in the maintenance, development, improvement and use of public transportation int their Encourage and facilitate the most efficient use of all transportation funds used toj provide passenger transportation in their TPR through the coordination of programs ands services; and Encourage mobility management, employment-related transportation alternatives, joint  transactions, and other basic needs; Transportation Planning Region (TPR);  development practices, and transit-oriented development.  This funding is provided to support the services described above for calendar year 2024 (January 1- December 31).  B.  Performance Standards Project Milestones  1.  Statement of Work Page 1of5    Original Estimated Completion Date 2/10/2024 3/15/2024 12/31/2024  Milestone Description  Submit Reimbursement Request in COTRAMS Submit Progress Reports to GUI Manager Submit Final Reimbursement Request in COTRAMS  IMPORTANT NOTE: All milestones int this Statement of Work (except for the final reimbursement request) must be completed no later than the expiration date ofthis Subaward Agreement: December: 31, 2024.  2.  Performance willl be reviewed throughout the duration of this Subaward Agreement. Prowers County shall report tot the CDOTI Project Manager whenever one or more of the following occurs: Scheduled milestone or completion dates are not met; Identification ofproblem areas and how the problems willl be resolved; and/or Expected impacts and the efforts to recover from delays. Prowers County will report on performance using the Program Measure Report in COTRAMS: Performance measures established for the FTA Section 5311 Program (Funds Expended, Fare Revenes, Sources of Expended Funds, Service Data, and Volunteer. Resources) will Completion of quarterly 5311 Program Measure Reports in COTRAMS, and Completion oft the annual National Transit Database (NTD) Report.  a. b. C. d. 3. a.  Budget or schedule changes;  bet tracked and: reported on by Prowers County.  4. a. b. 5. thei following due dates: a, b. C. d. 6. a. b.  Performance will be reviewed based on:  5311 Program Measure Reports will be submitted in COTRAMS by Prowers County on or before  Quarter 1 due April 2gth, Quarter 2 due. July 28", Quarter 3 due October 28"h, and  Annual Report, including Quarter 4, due. January 28"h. FTAI by using the biannual FTAI DBEI Report in COTRAMS to report:  Prowers County will assist CDOT with Disadvantaged Business Enterprise (DBE) reporting to Contracts awarded, payments made, and contracts completed between) Prowers County Contracts awarded, payments made, and contracts completed between Prowers County's DBEI Program Measurel Reports will be submitted in COTRAMS by Prowers County on or before  and prime contractors; and prime contractors and their subcontractors.  7.  the following due dates: a. b. Project Budget I.  Quarter 4- Quarter 1 (for October 1-1 March: 31) due April 28", and Quarter2 2 - Quarter 3 (for April 1- September 30) due October 28h.  C.  The Total Project Budget is $375,747.00. CDOT will pay no more than 80% of the eligible, actual administrative costs, upt tot the maximum amount of $92,084.00, and no moret than 50% ofthe eligible, actual operating costs, up to thet maximum amount of $130,321.00. CDOT will retain any remaining balance oft the: federal share ofFTA-5311 Funds. Prowers County shall be solely responsible for all costsi incurred int the project in excess ofthe amount paid by CDOT from Federal Funds for thet federal share of eligible, actual costs. For CDOT accounting purposes, the Federal Funds of $92,084.00 (80%) for administrative costs and $130,321.00 (50%) for operating costs, and matching Local Funds of $23,021.00 (20%) for administrative costs and $130,321.00 (50%) for operating costs, will be encumbered for this Subaward Agreement.  Statement of Work Page 2 ofs    2. 3 4.  Nor refund or reduction oft the amount of] Prowers County'ss share to bej provided will be allowed unless there is att thes same time ar refund or reduction oft the federal share ofa proportionate Prowers County may use eligible federal funds fort thel Local Funds share, but those funds cannot bei from other Federal Department ofTransportation (DOT) programs. Prowers County's share, together with the Federal Funds share, must be enough to ensure payment ofTotal Project Budget. Per the terms oft this Subaward Agreement, CDOT shall have no obligation to provide state funds for use on this project. CDOT will administer Federal Funds fort this Project under thet terms of this Subaward Agreement, provided that the federal share OfFTA funds to be administered by CDOT are made available and remain available. Prowers County shall initiate and prosecute to completion all actions necessary to enable Prowers County to provide its share oft the Total Project Budget at or prior to the time that such funds are needed to meet the Total] Project Budget.  amount.  D.  Allowable Costs I  Prowers County shall agree to adhere tot the provisions for allowable and unallowable costs cited int the following regulations: 2 CFR: 200.420 through 200.475; FTA C: 5010.1E Chapter VI: Financial Management; Master Agreement, Section 6' Non-Federal Share," and 2 CFR.200.102. Other applicable requirements for cost allowability not cited previously, shall also be considered. Prowers County's operating expenses are those costs directly related to system operations. Prowers County at a minimum, should consider thef followingi items as operating expenses: fuel, IfProwers County elects to take administrative assistance, eligible costs mayi include but are not limited to: general administrative expenses (e.g., salaries of the project director, secretary, and bookkeeper); marketing expenses; insurance premiums or payments to a self-insurance reserve; office supplies; facilities and equipment rental; standard overhead rates; and the costs of administering drug anda alcohol testing. Additionally, administrative costs for promoting and coordinating ridesharing are eligible as project administration ifthe activity is part ofa  2. 3.  oil, drivers and dispatcher salaries and fringe benefits, and licenses.  coordinated public transportation program.  E.  Reimbursement Eligibility  1. 2. 3.  Prowers County must submit invoice(s) monthly via COTRAMS. Reimbursement will apply only toe eligible expenses that are incurred within the period of performance (January - December 31) Reimbursement requests must be within thel limits of Section D., Allowable Costs, ofthis Subaward Agreement. Prowers County will be reimbursed based on1 the ratio of Federal Funds Prowers County must submit the finali invoice within sixty (60) calendar days ofDecember: 31, 2024, and submit a Grant Closeout and Liquidation (GCL) Form in COTRAMS within fifteen(15)  ofthis Subaward Agreement.  share and Local Funds share set forthi in the Project Budget above. days ofissuance ofthet final reimbursement payment.  F.  Training  In an effort to enhance transit safety, Prowers County and any subrecipients and subcontractors shall make a good faith effort to ensure that appropriate training ofa agency and contracted personnel is occurring and that personnel are upt to datei in appropriate certifications. In particular, Prowers County shall ensurei that driving personnel are provided professional training in defensive driving and training on the handling of mobility devices and transporting  older adults and people with disabilities. Statement of Work) Page 3 of5    G. Restrictions on. Lobbying  Prowers County is certifying that it complies with 2 CFR200,4501 by entering into this Subaward Agreement.  H.  Special Conditions 1. 2. 3. 4.: 5. 6. 7. 8. 9.  Prowers County will comply with all requirements imposed by CDOT on Prowers County sot that thei federal award is usedi ina accordance with federal statutes, regulations, and thet terms and Prowers County must permit CDOT and their auditors to have access tol Prowers County'srecords Record retention shall adhere tot the requirements outlined in 2 CFR 200.333 and FTAC5010.1E. Prowers County cannot request reimbursement for costs ont this project from more than one Federal Awarding Agency or other federal awards (ie., no duplicate billing). Prowers County must obtain prior CDOT approval, in writing, ifFTA funds are intended tol be Ifreceiving FTA5311 funding, Prowers County shall advertise. its fixed route and/or rural based service as available tot the general public and service will notl be explicitly limited by tripi purpose Ifreceiving FTA: 5311 funding, Prowers County shall maintain and report annually all information Ifreceiving FTA: 5311 or 5339 funding, Prowers County will ensure subcontractors and Prowers County will comply witht the Federal Transit Administration (FTA) Drug and Alcohol Regulations, toi include ont time submission tol FTA's] Drug and Alcohol Management Information 10. Prowers County shall ensure thati it does not exclude from participation in, deny thel benefits of, or subject to discrimination any personi in the United States on the ground ofrace, color, national origin, sex, age or disability in accordance with' Title VI ofthe Civil Rights Act of1964. 11, Prowers County shall seek to ensure. mon-discrimination ini its programs and activities by developing and maintaining a Title VI Program in accordance with the Requirements for FTA Subrecipients" in CDOT'sTitle' VI Program Plan and] Federal' Transit Administration Circular 4702. 1B, "Title VI Requirements and Guidelines for FTAI Recipients." . Thel Party shall also facilitate FTA's compliance withl Executive Order 12898 and DOT Order 5610.2(a)by incorporating the principles of environmental justice inj planning, project development and public outreach in accordance with FTA Circular 4703.1'Environmental Justice Policy Guidance for 12. Prowers County will provide transportation services to persons with disabilities in accordance witht the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. $ 12101 et seq. 13, Prowers County shall develop and maintain an ADA Program in accordance with 28 CFR Part 35, Nondiscrimination on thel Basis of] Disability in State and Local Government Services, FTA Circular 4710.1, and any additional requirements established by CDOT for FTA Subrecipients.  conditions of the federal award.  and financial statements as necessary, withi reasonable advance notice.  used for payment ofal lease or for third-party contracts.  ord client type.  required by NID and any other financial, fleet, or service data. subrecipients comply with) FTAI Drug and Alcohol Regulations.  System (DAMIS).  Federal Transit Administration Recipients."  Statement of Work Page 4 of5    14. Prowers County shall ensure that it will comply witht the Americans with] Disabilities Act, Section 504 ofthel Rehabilitation Act, FTA guidance, and any other federal, state, and/or local laws, rules and/or regulations. In any contract utilizing federal funds, land, or other federal aid, Prowers County shall require its subrecipients and/or contractors to provide a statement ofwritten assurance that they will comply with Section 504 and not discriminate ont the! basis of disability. 15. Prowers County shall agree to produce and maintain documentation that supports compliance with 16. Prowers County shall update its Agency Proflle in COTRAMS with any alterations to existing construction or any new construction in accordance withl FTA Circular 4710.1. 17, Ifapplicable, Prowers County will adopt a' Transit Asset Management Plan that complies with 18. Prowers County shalli include nondiscrimination language and the Disadvantaged. Business Enterprise (DBE) assurance in all contracts and solicitations in accordance with DBE regulations, 19. Meal delivery must not conflict with providing public transportation. service or reduce service to  the Americans with Disabilities Act to CDOT upon request.  regulations implementing 491 U.S.C. $5326(d). 49 CFR part 26 and CDOT's DBE program. public transportation passengers.  Statement of Work Page 5of5    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10-10-2023  Submitter: BOCC  Submitted to the County Administration Office on: 10-05-2023  Return Originals to: Jana Coen  Number of originals to return to Submitter: 1  Contract Due Date:  Consider approval of executing an Agreement for Providing Ambulance & Emergency Medical Services in Prowers County, Colorado in the amount of $145,000 for a term commencing on January 1, 2024 and terminating on  December 31, 2024 with the City of Lamar, Colorado Item ntle/Recommended Board Action:  Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: $_ Federal: $_ State: Other:  : $  Approved by the County Attorney on: 10-5-2023  Additional Approvals (if required):    AGREEMENT PROVIDING FOR AMBULANCE & EMERGENCY MEDICAL SERVICES IN: PROWERS COUNTY, COLORADO  This Agreement entered into as oft this  day of  2023 by and  between THE CYCOINCIPOATNECTYO: LAMAR, COLORADO.aColorado Home Rule Municipal Corporation, with address for notice at 102 East Parmenter Street, Lamar, Colorado 81052, hereinafter referred to as LAMAR, and THE BOARD OF COUNTY COMMISSIONERS OF PROWERS COUNTY, COLORADO a duly constituted County of the State of Colorado, with address for notice at 301 S. Main Street, Suite 215, Lamar, Colorado 81052, hereinafter referred to as PROWERS COUNTY (collectively referred to as the "Parties").  RECITALS  WHEREAS, the Parties hereto are authorized pursuant to C.R.S. 29-1-203 to cooperate and contract with each other to provide for functions, services, and facilities as hereinafter set  forth.  WHEREAS, Lamar has previously established and operates an Ambulance & Emergency Medical Service (EMS) that delivers such services within the corporate limits ofthe City. Prowers County, Colorado desires that Lamar extend those services into those areas ofE Prowers County not  served by the Holly Fire and Ambulance District.  WHEREAS, Lamar is willing and qualified to provide the Ambulance & EMS Services NOW, THEREFORE, in consideration of the terms and provisions hereinafter set forth,  requested, with said services being provided through the Lamar Ambulance Service.  the Parties hereto agree as follows:  1. EMS enterprise. 2.  OPERATINGAUTHORIIY-Lamar shall retain the sole operating authority fori its QUALITY OF SERVICE: Calls for service shall be handled through the existing  9-1-1 Joint Dispatch Center on the same basis as those services are provided to residents and visitors tot the City ofLamar without discrimination or delay. The said. Ambulance & EMS Services shall be provided in accordance with the standards for such services as is required by the State of  Colorado. 3.  FEEFORS SERVICE: Lamar agrees toj provide the requested services to thel Prowers  County areas that are not served by the Holly Fire and Ambulance District for a one-year period, beginning January 1, 2024 and ending on December 31, 2024, for a fee ofone hundred forty-five thousand and no hundredths dollars ($145,000.00). The fee shall be payable to Lamar in four (4) equal payments of thirty-six thousand two hundred fifty and no hundredths dollars ($36,250.00). Each payment of$36,250.00 shall be made by the 15th ofJanuary, April, July, and October, 2024. The fee is inclusive of all Ambulance/EMS services including Ambulance/EMS stand-bys  requested by law enforcement.    4.  TERM OF AGREEMENT: This Agreement shall be in full force and effect  beginning January 1, 2024 and ending on December 31, 2024. The Parties shall agree either to renegotiate this Agreement in good faith no later than August 31, 2024 or either Party delivers written notice to the other the other Party on or before August 31, 2024 of that Party's intent not  tor renegotiate this Agreement.  5.  NOTICE REQUIREMENTS: In the event that a Party objects to renegotiating this  agreement, then that Party shall provide written notice to the other Party of the intent not to  renegotiate this Agreement by August 31, 2024.  6.  GOVERNMENTAL IMMUNITY: Notwithstanding any other provision of this  Agreement to the contrary, no term or provision oft this Agreement shall be construed orinterpreted as a limitation to or waiver by the Parties of any applicable provision of the Colorado Governmental Immunity Act, C.R.S. $ 24-10-101,et seq., as now or hereafter amended, C.R.S. $ 24-30-1501, et seq., as now or hereafter amended, and any other immunity statute. Any provision ofthis Agreement, whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified sO as to limit any liability ofthe Parties as provided by said laws. appropriation as provided by law. The Parties understand and acknowledge that the Parties are subject to Article X, $20 of the Colorado Constitution ("TABOR"). The Parties do not intend to violate the terms and requirements OfTABOR by the execution ofthis Agreement. Iti is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the Parties are expressly dependent and conditioned upon the continuing availability of funds beyond the term ofthe Parties' current fiscal period ending the succeeding December 31, 2024 and December 31 of each year thereafter. Financial obligations of the Parties payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the Parties, and other applicable law. Upon the failure to  7.  APPROPRIATION: Any monetary obligation of the Parties is subject to  appropriate such funds, this Agreement shall be terminated.  8. 9.  AMENDMENTS: This Agreement may be amended, provided such amendment is ASSIGNMENT: This Agreement shall not be assignable by any Party without  in writing and is executed by both Parties. prior written consent oft the other Party.  10. BINDINGEPBECT: This document shall become al binding agreement at suchi time as the Parties sign and date the agreement. It shall be conclusively presumed that once fully- executed this Agreement constitutes the complete, exclusive and accurate integration of the  agreement of the Parties.  11. INTERPRETINGI LAW: The laws of the State of Colorado shall be applied in the  interpretation, execution and enforcement ofthis Agreement.    12. COUNTERPARTS: This Agreement and any amendments thereafter may be executed in one or more counterparts, each ofwhich shall be deemed an original, but all ofwhich shall constitute one and the same instruments. For purposes of executing this Agreement, scanned  signatures shall be as valid as original.  13. EFFECT OFI INVALIDITY: In the event that any Party is prevented by a court of competent jurisdiction from performing any provision of this Agreement, the remainder shall not IN WITNESS WHEREOF, the Parties hereto have affixed their signatures as of the date and year  be affected thereby. first above written.  CITY COUNCIL FOR THE CITY OF LAMAR, COLORADO  ATTEST:  Kirk Crespin, Mayor  Linda Williams, City Clerk  BOARD OF COUNTY COMMISSIONERS OF PROWERS COUNTY, COLORADO:  Ron Cook, Chairman, Board of County Commissioners  ATTEST:  Jana Coen, Clerk to the Board    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10-10-2023  Submitter: BOCC  Submitted to the County Administration Office on: Verbal Poll 9-26-2023  Return Originals to: Jana Coen  Number of originals to return to Submitter: 1  Contract Due Date:  Consider ratifying verbal poll approval of September 26, 2023 authorizing Ron Cook, Chairman, to execute the Joint Statement of Opposition of Lower Arkansas Valley Water Conservancy District and Prowers County.  Item ntle/Recommended Board Action:  Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: $_ Federal: $ State: Other:  $_ $_  Approved by the County Attorney on: 9-26-2023  Additional Approvals (if required):    DISTRICT COURT, WATER DIVISION: 2, COLORADO  Pueblo Judicial Building 501 North Elizabeth Street, Suite 116 Pueblo, CO 81003 Phone: 719-404-8700  CONCERNING THE APPLICATION FOR WATER RIGHTS TRI-STATE GENERATION AND TRANSMISSION  OF:  ASSOCIATION, INC.  ACOURT USE ONLYA Case Number: 23CW3036 (07CW74 and 15CW3007)  INP PROWERS AND BENT COUNTIES.  Attorneys for Co-Opposer, Lower. Arkansas Valley Water  Conservancy District Peter D. Nichols, #33167 Megan Christensen, #50344 BERG HILL GREENLEAFI RUSCITTILLP 1712 Pearl Street Boulder, Colorado 80302 Phone Number: (303)402-1600 Fax Number: (303)402-1601 E-Mail: pdn@ongr.aw.com; megan.christensen@bhgraw.com Prowers County, Colorado Rose Pugliese, #38973 Rose F. Pugliese, LLC 9235 N. Union Blvd, Ste. 150,#128 Colorado Springs, CO80920 Phone Number: (970)589-3755 E-mail: rugleseLawrrm@gmail.com  Attorneyfor Co-Opposer, Board ofCounty Commissionersfor  JOINT STATEMENT OF OPPOSITION OF LOWER ARKANSAS VALLEY WATER  CONSERVANCY DISTRICT AND PROWERS COUNTY Name, mailing address. and telephone number ofCo-Objectors:  1.  Lower Arkansas Valley Water  Board of County Commissioners for    Conservancy District ("Lower. Ark  Prowers County, Colorado ("Prowers  District") 801 Swink Avenue Rocky Ford, Colorado 81067 719-254-5115 Direct Pleadings to: Attorneys for Lower Arkansas Peter D. Nichols Megan Christensen 1712 Pearl Street Boulder, Colorado 80302 303-402-1600  County") Lamar, CO 81052 719-336-8025  Attn: Jack Goble, General Manager 301 South Main Street, Suite 215  Attorney for Prowers County: Rose F. Pugliese, LLC 9235 N. Union Blvd, Ste. 150, #128 Colorado Springs, CO80920 Phone Number: (970)589-3755  Valley Water Conservancy District: Rose F. Pugliese  2.  State facts as to why the application should not be granted or why it should be a. The Lower Ark District is the owner ofinterests in vested water rights and decreed conditional water rights in the Arkansas River and its tributaries, including direct flow and storage water rights and appropriative rights of  granted only inj part or on certain conditions:  substitution and exchange. Arkansas River Basin.  b. The Lower Ark District also operates a Rule 10 Compact Compliance Plan in the The Lower Ark District's interest in water: rights may be injured if the application  is decreed without appropriate terms and conditions.  d. Tri-State's beneficial use of the subject water rights is dependent upon compliance with its 1041 Permit issued by Prowers County.  e. Any dry-up activities engaged in by Tri-State's Application have occurred without Tri-State's compliance with Prowers County's 1041 Regulations or the issuance of al 1041 Permit by Prowers County's 1041 Permit Authority, and Tri-State's failure too comply with Prowers County's 1041 Regulations demonstrates lack of : Applicant must be held to strict proof as to all legal and factual claims including  reasonable diligence by Tri-State. but not limited to the following:  Case No. 23CW3036 Page 2  Statement of Opposition OfLAVWCD and Prowers County    i. The claims set forth in the application comply with the requirements of ii. Applicant had continuing intention during the diligence period toj perfect iii. The water rights that are the subject oft this application have not been iv. Applicant has exercised reasonable diligence pursuant to law in developing the subject conditional rights, it can and will perfect the remaining conditional water rights within ai reasonable period oftime, and the: remaining conditional water right claims have not become speculative; V. Applicant has lawfully diverted and subsequently placed to beneficial use vi. Applicant will incorporate all relevant provisions established in earlier decrees granting the original water rights that are the subject oft this  sections 37-92-305, C.R.S.; the original appropriation; abandoned in whole ori in part;  any amount claimed to be absolute; and  application.  g. Protective terms and conditions must be included in any decree granted for the h. Measurement, recording and accounting procedures must be set forth with specificity in any decree granted for the Application, pursuant to section 37-92- The foregoing grounds of opposition to the Application are based upon the general statement ofthe case contained in the Application. The Objectors reserve the right to raise additional grounds of opposition as more specific facts - Co-Objectors, Lower Ark District and Prowers County respectfully request that this Statement of Opposition be considered to be continuing in nature and to apply  Application to prevent injury to Objectors' water rights.  502(5)(a),C.R.S.  become known.  to any amended application.  Respectfully submitted this  day of September 2023.  Case No. 23CW3036 Page 3  Statement of Opposition OfLAVWCD and] Prowers County    BERG HILL GREENLEAF RUSCITTI LLP By: /s/ Megan Christensen Peter D. Nichols, #33167 Megan Christensen, #50344 Conservancy District PROWERS COUNTY  Attorneys for. Lower. Arkansas Valley Water  By: /s/ Rose E. Pugliese Rose F. Pugliese, #38973 Attorneyfor. Prowers County  Casel No. 23CW3036 Page 4  Statement of Opposition OfLAVWCD. and) Prowers County    VERIFICATION  I, Jack Goble, the General Manager of the Lower Arkansas Valley Water Conservancy District, declare under penalty of perjury under the law of Colorado that the foregoing Statement  of Opposition is true and correct. Executed on the  day of September, at  Colorado.  Jack Goble, P.E.  Case No. 23CW3036 Page 5  Statement ofOpposition OfLAVWCD: andl Prowers County    VERIFICATION  I, Ron Cook, the Chairman ofthe. Board of County Commissioners for Prowers County Colorado, declare under penalty of! perjury under the law ofColorado that the foregoing  Statement ofC Opposition is true and correct. Executed on the 26th day of September,  Colorado.  Chairman  A  Case No. 23CW3036 Page 6  Statement of Opposition OfLAVWCD andl Prowers County    CERTIFICATE OF SERVICE  Icertify that on September  2023, a true and correct copy oft the foregoing  STATEMENT OF OPPOSITION OF LOWER ARKANSAS VALLEY WATER CONSERVANCY DISTRICT AND PROWERS COUNTY was served electronically by Colorado E-filing or by Colorado Court E-filing via United States mail, postage prepaid, as set  forth below:  /s/ Calli George Calli George  In accordance with ULR2(a) and C.R.C.P. 121 $1-26, this document has been electronically) filed via Colorado Court E-Filing and a printable copy oft this document is maintained. by Berg Hill Greenleaf Ruscitti LLP and will be  made available fori inspection by other parties andi the Court upon request.  Case No. 23CW3036 Page 7  Statement ofOpposition OfLAVWCD and Prowers County    PROWERS COUNTY, COLORADO BOARD OF COMMISSIONERS  OCTOBER 10, 2023  8:00 a.m.  Mark Dorenkamp, Road & Bridge Supervisor Update (Hickory House Restaurant) PROWERS COUNTY ANNEX = MEZZANINE ROOM 1001 S. MAIN STREET, LAMAR, CO 81052  WORK SESSION  9:00 a.m. 9:30a.m. 10:00a a.m. 10:15a.m. 10:30a.m. 10:45a.m. 11:00a.m.  Cheryl Sanchez, Prowers Economic Prosperity Director  PEP update monthly Andy' Wyatt - Prowers County Assessor Proposition HH Discussion Gary Harbert, Veterans' Service Officer Veterans' Officer Update  BOCC  Updates CRMC update OPC update  Pete Hernandez, PC Consolidated Return Mail Center Manager  PCOverflow Processing Center Program Manager  Paxton Hyde, Amber Stowell, Elizabeth Pilson, Jeremy Neustifter, Shannon McMillan, Colorado Department of Health and Environment Discussion on Burn Barrel Regulations and Letters to Prowers  County Residents Update  11:30a.m.  Monica Mika, District Director Congressman Ken Buck CO-(04)    MEETING AGENDA  Invocation Pledge of Allegiance Call Meeting to Order Roll Call  1:00 p.m.  CONSENT AGENDA ACTION ITEMS: 1. Consider Approval of Adoption of Agenda  2. Consider Approval of Payment of Bills Presented and of Voiding Checks, ifa any 3. Consider Approval of September 26, 2023 Meeting Minutes  PUBLIC APPEARANCES  Anyone wishing to address the BOCC may do sO at the discretion of the Board  and subject to a three-minute limitation.  Paula Gonzales, Finance Director/Budget Director  Present 2024 Preliminary Budget  Mark Westhoff  County Administrator Update  Rose Pugliese, Esq.  County Attorney Update  EXECUTIVE SESSION  Executive Session pursuant to C.R.S. 524-6-402/4)b) Conference with the attorney for the purposes ofr receiving legal advice on specific legal questions.  2    ACTIONITEMS:  1. Consider ratifying 10-2-2023 email poll approval for County Veteran Service Officer's Monthly Report and Certification of Pay - September 2023 and authorizing the use of Chairman Ron 2. Consider approval of Fairgrounds Facility Rental Agreement and Waiver of Fees for Colorado 3. Consider ratifying 9-25-2023 email poll approval of Payroll, Payroll/AP, and JBBS, all presented 4. Consider approval of appointing two Members to the Prowers County Lodging Tax Board, (1) position on the Board to fill a term to expire December 2024 and (1) position on the Board to 5. Consider approval of Memorandum of Agreement for Child Care Availability and Outreach of Care Duties for Prowers/Baca Counties between Children First Department of Pueblo Community College and Roots and Wings Early Childhood Council, effective August 1, 2023 to June 30, 2024 in the amount of $24,000, and authorizing Roots and Wings Early Childhood 6. Consider approval of Credit Card Authorization Request for Roxie Rankin, Public Health  Cook's signature stamp.  Mounted Thunder, event scheduled for September 21-22, 2024. int the amount of $868,504.32 with a Certification date of 9-27-23.  fill at term to expire December 2025.  Council Coordinator, Courtney Holt-Rogers, to execute the agreement.  Department Supervisor, in the amount of $3,000.00. 7. Consider approval of a Resolution Opting into Proposition 123.  8. Consider approval of a Resolution in Opposition to the Statewide Proposal, Proposition HH. 9. Consider terminating the Intergovernmenta Agreement between the City of Lamar and Prowers County, Colorado regarding the. Joint Planning Area dated February 23, 2004 in accordance with Section IV (D) of said Intergovernmental Agreement. 10.Consider approval of Fairgrounds Facility Rental Agreement and Waiver of Fees for Colorado Mounted Thunder, event scheduled for April 27-28, 2024. 11. Consider approval of letter to the Transportation Commission of Colorado opposing the proposed merger of the SE TPR and the SCTPR. 12.Consider approval of Amendment to Fairgrounds Facility Rental Agreement and Waiver of Fees for Southeast Colorado Can Chasers (SECCC) previously approved by Prowers BOCC on March 21, 2023. This amendment will change the rental date for SECCC's final event from  October 8, 2023 to October 29, 2023.  3    13.Consider ratifying 10/4/2023 email poll approval of a letter to the US Department of Commerce in support of SCEDD's application for the Distressed Area Recompete Pilot 14.Consider approval of 2024 - CDOT 5311 Admin and Operating proposed Award for Prowers Area Transit, award amount is $214,374.00 with a local match of $53,594.00 and authorizing Darren Glover, Director of Prowers Area Transit to execute the document electronically. 15. Consider approval of 2024 - CDOT 5399 Admin and Operating Award and Statement of Work and Conditions for Prowers Area Transit, Award amount is $375,747.00 for two new buses and authorizing Darren Glover, Director of Prowers Area Transit to execute the document 16. Consider approval of executing an Agreement for providing Ambulance & Emergency Medical Services in Prowers County, Colorado ini the amount of $145,000 for a term commencing on January 1, 2024 and terminating on December 31, 2024 with the City of Lamar, Colorado. 17. Consider ratifying verbal poll approval of September 26, 2023 authorizing Ron Cook, Chairman, to execute the. Joint Statement of Opposition of Lower Arkansas Valley' Water  Program grant.  electronically.  Conservancy District and Prowers County.  PREVIOUSLY TABLED ACTION ITEMS:  1.  None  NOTE: This Agenda is provided fori informational purposes only. Action may be taken on any or allo of the items. All times are approximate. Ifany 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 of a specific hearing time; those items will not begin until the specific time or Ifyour 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 scheduled meeting to  after.  request an accommodation.  4    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10-10-2023 Submitter: Gary Harbert, Veteran's Officer  Submitted to the County Administration Office on: email poll 10-3-2023 Return Originals to: 1 Original BOCC, 1 Original to Veteran's Office  Number of originals to return to Submitter: 1  Contract Due Date:  Item nitle/Recommended Board Action:  Consider ratifying 10-2-2023 email poll approval for County Veteran Service Officer's Monthly Report and Certification of Pay - September 2023 and authorizing the use of Chairman Ron Cook's signature stamp.  Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: Federal: $_ State: Other:  $_ $ $_  Approved by the County Attorney on:    Colorado Division of Veterans Affairs County Veterans Service Officer Monthly Report  State Fiscal Year 2023-2024 PROWERS SEPT  ION VETE  County: Month:  In compliance with C.R.S. $28-5-707 and in support ofs semiannual payment, we hereby certify that 168 hours have been worked by accredited veterans service officers and in  the month stated above.  In compliance with C.R.S. $28-5-804 and for the purpose of providing prompt, efficient, and uniform service to Colorado veterans, we hereby certify the wait time for an appointment with  our veterans service office was no more than  days in the month stated above.  Inc compliance with C.R.S. $28-5-804 and for the purpose of providing prompt, efficient, and uniform scrvice to Colorado veterans, we hereby certify the following outputs by our CVSO in  the month stated above:  Telephone Calls Emails Appointments Outreach Events Total Served  108 92 36 2 238  Appendix A CVAZ 26-County Veterans. Service Office monthly report July. 2023-supersedes alle earlier versions    This is verified as at true and accurate record. We acknowledge that the lack oft timely submission  of this form can result in delayed or missing payments.  Commissioner or 0-3-2023  lt  County  Designee  Date  Please return this form no later than the 100h of the following month  to: Colorado Division of Veterans Affairs dvanio@amyastatecous  AppendixA  CVA26-County Veterans! Service Officer monthly reporto and pay request. July2 2023-supersedes alle earlier versions    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10-10-2023 Submitter: Administration Office  Submitted to the County Administration Office on: 9-22-2023 Return Originals to: Jana Coen & Administration Office Number of originals to return to Submitter: 2  Contract Due Date:  Item Tile/Recommended Board Action:  Consider approval of Fairgrounds Facility Rental Agreement and Waiver of Fees for Colorado Mounted Thunder, event scheduled for September 21 - 22,2024.  Justification or Background: Annual event  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):    PROWERS COUNTY FAIRGROUNDS FACILITY  RENTAL AGREEMENT  Today's Date: 9122/2023 Name of Organization: Cobroob Hoenke/ Themobr Name & Address of Authorized Agent: Kel Thern 28001 CA 3 Lamaz Co 8105.2 Phone: Sales Tax ID: Type of Event:  Date(s) ofl Events: 912112024 + %ha/p  Set Up Time: Event Starts: Finish Time: Arena Centennial  am pm am pm am pm Home Ec Vaqueros Wail2024 Pavilion  only  Cowby Kunbel Shoking  Ifapproved by the Board of County Commissioners, Iagree toj pay fees ini the amount ofs  ort to submit  a request for a waiver of the fees. I understand the decision to waive any or all of the fees are at the total discretion of the Board of Commissioners. I have attached copies ofr my State of Colorado Sales Tax License and the City ofLamar Sales Tax] License. Failure to do so will result in denial ofr my rental request, unless Ia am legally  exempt. Thenftiched leageterms are part ofthis agreement.  LIZ Authorized. Agent  glaal2o2s  Date  The Board of County Commissioners reserves the right to not lease any portion or all of the Fairgrounds to any organization which it deems in its sole discretion, to be in direct and adverse competition to Prowers County merchants or is otherwise detrimental to Prowers County citizens. Fees may be adjusted at the discretion oft the Board based upon thei number ofparticipants or unique conditions. Fees are based on daily rates.  Rental Approved:  Comulhons Maintenance. & Facilities Director  9-22-33  Date Date  Chairman  Prowers County Board of Commissioners For County Use Only: Datel Booking Feel Paid $25.00: Datel Rental Fec Paid: Inspection completed:  Damage/Cleaning: Deposit: Date Paid:  Damage/Cleaning Deposit Refunded: Y/N,ifno, see attached,  Please note that any deposit refund due back to you willl bej provided bya al Prowers County check. Checks are  issued upon approval at the Commissioners' meetings. Liability Insurance received: Yes_ No_ Date:  Update 01/25/2023  Fairgrounds Rental Agreement    PROWERS COUNTY: FAIRGROUNDS  FACILITYI RENTAL RESERVATION AGREEMENT Between Prowers County Board of Commissioners (Commissioners), and the Authorizing Agent renting the 1. Determination of fees for use of the facilities shall be made by the Commissioners in accordance with the established fee schedule and agreed to by the User at the time thei reservation is confirmed. 2. Unique events may require an increase in fees/charges and/or conditions in addition to those shown. The Commissioners reserve the right to modify any. of the conditions as necessary on a case-by-case basis. Holiday use oft the Fairgrounds iss subject to approval by the Commissioners. All County holidays are observed by County Maintenance Personnel. No Prowers County Personnel will be made available to users over County approved Thanksgiving and Christmas holidays. Additional fees willl be assessed: for events scheduled on holidays. Overtime charges for County Maintenance Personnel at a rate of two times the normal hourly rate will be charged for holiday events in addition to regular fees and charges with the exceptions described 3. Use ofall facilities shall be scheduled through thel Prowers County Administration Office only. a) A non-refundable booking fee of$25.00 per event must bej paid when each eventi is scheduled. b) The $25.00 booking fee is due before an individual or entity may have their name placed on the c) Ifthe event does not go forward for whatever: reason, the $25.001 fee WILLNOT: BE) REFUNDED. d) Remainder of fees and security deposit must be submitted to the office no less than 10 working to the date scheduled. (Commercial users: fees must be paid in certified funds.) The securityldamage daysprior deposit is required and due from all users whether use fees are waived or not. Failure toj pay fees 10 working days prior to event may result in cancellation of facility use. Access to the facilities at any time other than stated on this form is not allowed unless prior approval is received from Prowers Please note that any deposit refund due back to you will bej provided by al Prowers Checks arei issued upon approval at the Commissioners' meetings.  facility, (User).  previouslyi in this paragraph. Fees and deposits  Fairgrounds Calendar to reserve a facility at the) Fairgrounds.  County. check. County  4. The scheduling oft the activities shall be made in the name of onei individual who must, asa condition ofi use, read this document and acceptre responsibility for adequately supervising the event; assure that thei facilities are used for the purpose for which they are scheduled; reimburse the County for damage to the property or facilities including excessive clean-up costs that may occur in connection with the event; assure payment, in full, of all charges fors space and equipment requested; and ensure that all promotion and advertising ofevents involving thei use ofthe facilities shall identify thei individual or group sponsor of the event. 5. The cleanup and damage deposit must be paid IO working days prior to the scheduled event. Said deposit shall be utilized by the county, if at all, for cleanup of the rented premises and repair of damages to same made necessary by the User's rental of the premises. In the event that the User performs cleanup of the premises in a suitable manner; said deposit will be réviewed for retum to the User at the next regularly scheduled meeting of the Commissioners. User will be personally liable. for any expense for damage In case of cancellation, fees will be refunded (less booking fee) if notice of cancellation is received 10 working days prior to scheduled use. If the event is canceled due to inclement weather, the event may be rescheduled with no additional fees due. If the event is rescheduled for any other reason, an additional Subleasing or charging additional fees to use the Fairground Facilities will not be permitted.  and/or cleanup in excess of the required deposit.  booking fee will be charged. Update 01/25/2023  7.  2  Fairgrounds Rental Agreement    8. Non-commercial User may have one day in advance for set-up, decorating, etc. between the hours of8 8:00am and 4:00pm on the condition there is nothing previously booked on that date. If additional days are required special set-up/tear-down is required, standard facility use days will be charged on a' % day basis. 9. Liability insurance is required for all commercial events. Certain' "at risk" activities ie, rodeos, tractor pulls, camivals, circuses, etc. are required to) provide liability insurance. Ani insurance certificate showing Prowers County as an additional insured must be provided to the County no later than 10 working days prior to the 10. Under Colorado Law, an equine professional is not liable for any injury to or the death of aj participant in equine activities resulting in the inherent risks of equine activities, pursuant to Section 13-21-119, Colorado 11. The User acknowledges that User's rental of County's property is not subject to the direct supervision and control of County personnel. Accordingly, and in express consideration fort the within rental agreement, User herby agrees to indemnify, and hold harmless, Prowers County, its officers, agents, and employees from and against any and all claims for liability asserted for personal injury, or property damage to any; and all persons or entities whatsoever, and arising out of User's rental of County's property as hereinabove set forth. This indemnification expressly extends to any and all damage awards, and shall further cover all costs ofdefense, which shall be conducted: in County'ss sole discretion, including attorey's and expert witness fees. 12. The within agrccment shall be and bccome binding upon, and inure to the benefit oft the parties hereto, their heirs, personal representatives, successors and designs. Any action necessary to construe, interpret, or enforce the provision ofthe within agreement shall be brought and maintained in thel District Court in and for Prowers County, Colorado, with the substantially prevailing party therein being entitled, as ar matter of contract law an agreement to recover its costs and expenses therein incurred, including reasonable attorney's and expert 13. Falsified or misleading information on this form may be cause for cancellation ofthis contract and forfeiture 14. The user shall pay, in full, the required fee, damage deposit fee, or security deposit fee as established by the Prowers Counly Board of Commissioners. Iti is) Prowers County policy that: no facility shall be made available for use until full payment oft the required fee is recorded. Iti is understood that this document defines use as Fairground Facility use only and does noti in any way include the use ofProwers County Personnel. Each user iss solely responsible for the care oft the facilities, preparation oft the arena floor for the duration oft the event, clean-up of the facilities, grounds, and parking areas during, and at the conclusion, ofthe event, Parking areas 15. The user shall be required to call for an on-site facility orientation with the Fairgrounds Caretaker no later than 5 working days prior to the event, The user will bei familiarized with information pertaining to use ofthe facility, obtain keys, and will have the opportunity to ask questions of the caretaker. The Fairgrounds Caretaker can be reached by calling 931-0034 and is available to schedule an orientation Monday - Friday 9:00am to Noon and 1:00pm to 3:00pm, Regularly. scheduled monthlyn meeting organizers are not required to complete an orientation, however; are expected to cooperate with the expectations for use outlined in this document. The user understands that Prowers County does not employ 7 day per week, 24 hour per day Fairgrounds Personnel. The Fairgrounds Caretaker hours are scheduled from 8:00 am to 5:00pm, Monday -Friday. The Fairgrounds Caretaker schedule may change to correlate with an event; however, changes must bep pre-approved. and are: at the discretion of thel Prowers County Maintenance Supervisor. 16. Bvery effort has been made to provide Fairground Facilities that are adequately maintained and appropriately prepared for normal use. Iti is further understood that building and grounds systems can, and do, fail at times. Failures may include, but are not limited to; electrical outlet power losses and blown breakers due to abnormal use and overloaded circuits, public announcing orl loudspeaker malfunctions, lighting failures, water supply problems, and restroom malfunctions, etc." There are no guarantees against such failures either implied  for set-up, an additional fee ofs  willl be charged for each additional day. Commercial Users: If  scheduled event. Revised Statutes.  witness fees.  ofs security deposit and/or fees paid andi may result in loss of future usage of the facility  are: included int the use and clean-up ofall facilities.  Update 01/25/2023  3  Fairgrounds Rental Agreement    or stipulated in this document. Prowers County Personnel will only be made available during off-hours in the event of an emergency pertaining to life safety or unsanitary conditions. All other unexpected occurrences 17. The user understands that costs incurred by Prowers County due to responding to non-emergency calls for service, facility or grounds clean-up, and sub-contractor repairs for damages to equipment or facilities will be billed to the user at a rate of2t times the actual costs. Iti is the user's responsibility to minimize non-emergency 18. The user agrees that it is their responsibility to provide, and be responsible for, the equipment or supplies necessary to circumvent potential failures in thel buildings, restrooms, or arenai including; portable generators, portable toilets, portable amplifier or loudspeaker systems, water, and/or water trucks for wetting a dusty 19. The user is specifically responsible to ensure adherence to these written and any posted policies and to: a) Provide written documentation specifying any concerns, system failures, or break-downs and deliver that documentation to thel Fairgrounds Caretaker. Please do not manipulate circuit breakers. b) Pick-up trash and debris accumulated during the event including parking areas, and deposit the trashi in the: 55 gallon trash drums provided, or iffull, into available dumpsters. Re-stock indoor and outdoor men's and women's restrooms with toilet paper and paper hand towels as needed throughout the event. The Fairgrounds Caretaker will make these items available to users. d) Pick-up trash in, and around, the indoor and outdoor restrooms, the kitchen, and concession stands and leave fixtures, appliances, and counter surfaces clean. Sweep and mop, or vacuum: indoor floor surfaces. Make appropriate arrangements for providing the necessary crowd control, public safety, and building  should bc documented and willl be addressed on the next regular work day.  calls for service.  arenai floor, toilet paper and hand towel paper supplies, first aids supplies, etc.  security for the event,  Ensure that scheduled dance events end at 12:001 Midnight, no exceptions.  20. Prowers County assumes no responsibility for lost or stolen items. 21, Alcohol is not allowed ont the Fairgrounds at anyt time.  22. Building or grounds emergency call: 931-0034 or 931-9335. Medical or safety emergency call: 911,  Ihave: read, understand, and agree to thet terms and conditions outlined in this agrecment.  Date:_ 9122/2023 Organization: Colorado Authorizing Agent Printed name: Authorizing Agent Signature: Forl Rodeo Events:  Hounid Thumabr E Lpan  Authorized Tractor/Equlpment Operator Printed Name: bhel Thucner  Update 01/25/2023  4  Fairgrounds Rental Agreement    PROWERS COUNTY FAIRGROUNDS  FEE SCHEDULE  NFP Profit $150 $150 $225 $225  Resident Non-Resident For Profit For Profit $300 $300 $225 $225  #of days/head oflivestock  Facilities Requested Arena) Rent Daily Pavilion Rent Daily Home Economics' Bldg. Rent Daily Vaqueros Bldg. Rent Daily Use ofl Parking Lots Arena Lot /Grounds Daily Overnight Boarding (Arena Pens) $5/Head Daily *Pavilion Boarding Rodeo Events Minimum Fee Daily R.V. or Camper Parking Onel Electric Pedestal and One Water Connection per Rented Space only Dally Dry Camping and Horse Penning atl Designated Southwest Parking Lot ONLY Daily Elmer's Garden Daily Cleaning/Damage. Deposit (Due 10 days prior to use) TOTAL (DUE 10) DAYS PRIOR TO USE)  Not For Commercial Commercial  Total  $970 $970 $425 $425 $210 $10/head $40 $30  $5/Head $30 $20  $10 $20  $10 $0.00 $75  $10 $0.00 $75  $20 $0.00 $125  $  Rental Fees for the Pavilion will not be charged since the Event Organizer is responsible for collecting the  $10.00Fce. The $10.001 feci is still subject to 50/50split.  Update 01/25/2023  5  Fairgrounds Rental Agreement    1. Fees are based upon aj per calendar day rate. Events which extend beyond midnight oft the scheduled day 2. NFP stands for Not for Profit Organization. The Board reserves the right to request verification ofl NFP 3. A commercial enterprise is defined as an activity wherc fees are charged to entrants and the sponsoring entity retains some or all of the proceeds from the activity or where goods or services are offered for sale or lease to the general public. The Board reserves the right to determine if an enterprise is a commercial 4. Commercial vendors will pay a fee in addition to the fees listed on the attached fee schedule in the amount of1% of gross sales, based upon the vendor's projections. The amount oft thej projected sales will 5. Itis understood that these fees are for the use of the facilities requested only and does noti in any way 6, Iti is the responsibility of thel Event Organizer to make arrangements toj meet on-site with thel Fairgrounds Caretaker: no later than 4 days prior to the event to: receive building keys andi facility use! instructions. a. Covered and uncovered stall fees are to be reserved, collected, refunded for cleaning, and i. 1 Ifc covered stalls are cleaned by the Event Organizer after use, the amount collected is split 50%/50% between thel Event Organization and] Prowers County. a, RV Electrical and water hook-up fees are to be reserved, collected, and accounted for by the i, Each individual RV hook-up is provided for use exclusively by only one reserved RV. ii. No horses or livestock shall be penned near or around RV hook-up areas. Paid RV users iti, $5.00 from each RV hook-up and dry camping fee reserved and collected is returned to iv. No RV, Trailer, Camper or Horse Trailer electrical hook-ups are allowed at any electrical outlet located on the Pavilion Structure. The Event Organization will be responsible to pay for any damage incurred duet to unauthorized electrical connections.  may bcs subject to ai fee for an additional day.  status. activity.  be verified by comparison oft thej projection to Sales' Tax as reported to the State,  include thet use ofProwers County Personnel. 7. REGISTERED EVENTS ONLY:  accounted for by thel Event Organizer with the understanding that:  8. REGISTERED EVENTS ONLY:  Event Organizer with the understanding that:  There is no sharing of electrical or water hook-ups. must pen horses in covered stalls. the Event Organization.  Update 01/25/2023  Fairgrounds Rental Agreement    PROWERS COUNIYFAIRGROUNDS REGISTERED RODEOEVENTS  FAIRGROUNDS USE: followingi information:  The Prowers County Fairgrounds is available for registered rodeo events in-season from April through October. Conditions for use of the facilities for all events including registered rodeo events are specifically detailed in the 1. Prowers County Fairgrounds Facility Rental Reservation Agreement, 31 pages. Revised October 20, 2011. 2. Prowers County Fairgrounds Facility Rental. Agreement, 1 page. Revised October 20, 2011. 4. All event organizers who may be interested in reserving thel Prowers County Fairgrounds for ai registered rodeo event are encouraged to read very carefully all of the rental information provided by Prowers  3. Fairgrounds Fee Schedule, 2 pages. Revised October 18, 2011.  County before scheduling any rodeo event.  REGISTERED RODEO EVENTS:  Scheduled registered rodeo events are to be conducted in cooperation with the established fees and agreements for use of the Prowers County Fairgrounds. Event organizers are encouraged to include this information in all event literature distributed to potential rodeo participants in an effort to lessen costly misunderstandings during the 1. The fairgrounds rodeo arena is watered regularly using a water reel. Use of the water reel by event organizers is prohibited. The rodeo arena may be watered once daily during a registered rodeo event at the event organizers request onlyi ifscheduled and coordinated with thel Fairgrounds Caretaker. 2. The fairgrounds rodeo arena is worked prior to the rodeo event by the Fairgrounds Carctaker using Prowers County equipment. Working the arena during the event is the responsibility of the event coordinator. The county tractor and attached arena king finisher are available for use by the event coordinator, or specified driver, for the duration of the event. Al key to the tractor is provided only after the specified driver has met on-site with thel Fairgrounds Caretaker for operating instructions. 3. Concession stand use is by reservation only, Call the Prowers County Extension service (336-7734) to 4. The event orgauizer is responsible to reserve and collect fees for covered stalls located in the Prowers County Pavilion. The stalls are located in the Prowers County Sale Barn and set-up by Prowers County a. Scheduling with the Fairgrounds Caretaker for setting up horse stallsi in the Pavilion. b. Scheduling with the Fairgrounds Caretaker for cleaning the stalls after the event. 6. The event organizer is responsible for reserving and collecting all fees associated with R.V. hook-ups, dry  event.  Unless otherwise specified, the following are applicable to registered rodeo events:  reserve.  Staffbefore the event.  5. The event organizer is responsible for ensuring the following:  camping, and horse stall fees.  The event organizeri is responsible for ensuring the following:  1. No horses shail be tied or penned at, or near, any R.V. electrical or waterl hook-up located at the arena parking arca and arena parking area fencing, or at the R.V. hook-ups located north oft the Prowers 2. No R.V. campers, horse trailers, or other similar vehicles shall not be allowed to park near, and/or plug any electrical cordi into the electrical outlets located: in thel Prowers County Pavilion. 3. No horses shall bc tied to, or penned near, any permanent fence or any tree located anywhere on 4. All dry camping and horse penning shall bel located in the south west dirt parking area only. Under: no cireumstances shall dry camping and penning be located on roto-mill, asphalt, or grass areas elsewhere on the Prowers County Fairgrounds property. The Event Organizer is responsible for the  County Pavilion.  Prowers County Fairgrounds property.  cost ofc clean-upi ifhorses are penned or tied in areas outside dry camp arcas,  Update 01/25/2023  7  Fairgrounds Rental Agreement    5. All R.V. hook-ups (pedestal) provided for use during registered rodeo events are for one (1) R.V. camper only, Under no circumstances shall more than onel R.V. camper plugi into ar reserved pedestal. 6. All horses and livestock are prohibited from access toj paved pedestrian and driveways, grassy areas, treed areas, and covered buildings with the exception oft the Prowers County. Pavilion.  Update 01/25/2023  8  Fairgrounds Rental Agreement    USE OF THE PROWERS COUNTY FAIRGROUNDSR..  ELECTRIC PEDESTALS  In an on-going effort to mitigate potential damage, and to maintain safe, reliable electrical pedestals it is the  responsibility oft thel Event Organizer to remind each camper utilizing the pedestals that:  Each electrical pedestal is wired for 50 amp., 30 amp., or 20 amp. uses and should not be overloaded with Each electrical pedestal is intended to be used by a single user. One camper one pedestal. Choose one 50,30, or 20 amp outlet that best meets thei required load for each R.V. or Camp Trailer. Bach electrical pedestal is complete and ready for use. Under no circumstances shall the facey plate cover ben removed and/or the electrical outlets, wiring, or related pedestal components be manipulated. Use only safe and well maintained electrical cords andj plugs designed to carry the specified load. Under noo circumstances shall exposed cord wires be direct wired! into any electrical pedestal or pedestal outlet. Do not secure livestock or pets to the electrical pedestals or water hydrants located in designated R.V. The electrical pedestal located north of the Crow's Nest is intended for auxiliary use only and isnot Report any damaged pedestals to the event coordinator, or fairgrounds staff as soon as the damage is discovered. Damage to pedestals will be charged to the event organizer at ai rate double the cost: for repair  multiple or piggyback cords and appliances.  campsites or throughout the fairgrounds. available for campers. orre replacement.  Under no circumstances shall RVI Pedestals be used by vendors.  Campers are encouraged to uset the electrical pedestals safely and responsibly. Thej pedestals are checked daily and potential safety hazards are reported to event coordinators for immediate corrective actions. Recommendations may include re-locating campers who share pedestals, removing and replacing hazardous cords, rescinding use of  an electrical pedestal, or requiring compensation for repairing damaged pedestals.  Update 01/25/2023  9  Fairgrounds Rental Agreement    HOME EC. BUILDING CHECKLIST  Do not tape or hang decorations from the celling grid or ceiling tile. Dor not tape or staple decorations tot tables, chairs, walls, windows, or doors Please place all chairs and tables back as they were before leaving. Cleaning supplies are int the custodial supply closet locatedi int ther men's room. Please clean and dry all counteri tops, sinks, and appliances in restrooms.  Clean and put away any items thaty you used.  Sweep and Vacuum thet floors. Wipe down all the tables. south door oft the building. Turn the meeting room lights off. (680 ini the winter or 759 int the summer)  Pickup all trash in restrooms, kitchen, and meeting room and place in the dumpsters located outside the  Please return.thermostat. settings back to the original temperature.  Close and lock all windows and doors, Place the bullding keys in the drop box located near the south  door.  Please leave the building int the condition yout foundi it.  Please call (719) 931-0034 to reach the caretaker.  KITCHEN CHECKLIST  Please plan for enough time to clean-up after use. Iti is your responsibility to clean the Kitchen after using it.  Wash all dishes and utensils and place back in the proper location.  Wipe off all counter tops.  Clean all of the appliances yout use including the stove, microwave, coffee machine, and refrigerator.  Clean and dry the sinks and faucets. Clean upa all spills on floors and counter tops,  Sweep and mop floors.  Leftover food will be disposed of, be sure to take leftovers with you.  Update 01/25/2023  10  Fairgrounds Rental Agreement    VAQUEROS BUILDING CHECKLIST  Do not tape or hang decorations from the ceiling grid or ceiling tile. Dor nott tape or staple decorations to1 tables, chairs, walls, windows, or doors Please place all chairs and tables backa as they were before leaving. Cleaning supplies are int the custodial supply closet locatedi ini the men's room. Please clean and dry all counter tops, sinks, and appliances inr restrooms.  Clean and puta away anyi items that you used.  Sweep and' Vacuum thei floors. Wipe down all thet tables. south door oft thel building. Turn the meeting room lights off. (689 int the winter or 759 in1 the summer)  Pickup all trash in restrooms, kitchen, and meeting room and place In the dumpsters located outside the  Please return thermostat settings back to the original temperature,  Close and lock all windows and doors. Place the building keys in the drop box located near the south  door.  Please leave the! building in the condition you foundi it,  Please call (719) 931-0034 to reach the caretaker.  KITCHEN CHECKLIST  Please plan for enough time to clean-up after use. Iti is your responsibility to clean the Kitchen after using it.  Wash all dishes and utensils and place backi int the proper location.  Wipe off all counter tops.  Clean all of the appliances you usei including the stove, microwave, coffee machine, and refrigerator.  Clean and dryt the sinks andi faucets. Clean up all spills oni floors and counter tops.  Sweep and mopi floors.  Leftover food will be disposed of, be sure tot take leftovers with you.  Update 01/25/2023  11  Fairgrounds Rental Agrecment    PROWERS COUNTY  REQUESTI FOR WAIVER OF FEES ATFAIRGROUNDS  On behalf of Loborado Harky Thume, Id do hereby request a waiver of fees for hl Est Sfha Whe Grens Ke be suaivedt as in  rental of the Fairgrounds. The waiver is needed because  Vhe pask  hkwill, py Kr K1 y PrKeE lplk Ra needod wve pke shon  9121/2024 9/22/2094  Event  92a/3023  Authorized. Agent N  Date  Request is approved with thei following conditions:  Date:  Chairman  Prowers County Board of Commissioners Request is denied for the following reason:  Date:  Chairman  Prowers County Board of Commissioners    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10-10-2023  Submitter:  Paula Gonzales, County Finance Director  Submitted to the County Administration Office on: email poll 9-25-2023  Return Originals to: Jana Coen  Number of originals to return to Submitter: 1  Contract Due Date:  Item Itle/Recommended Board Action:  Consider ratifying 9-25-2023 email poll approval of Payroll, Payroll/AP, and JBBS, all presented in the amount of $868,504.32 with a Certification date of 9-27-23.  Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: $ Federal: $_ State: Other:  $ $_    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: $842,381.15  DRAWN ON COUNTY GENERAL FUNDS.  DATED. AS OF: September 27, 2023  #  A/P $ $ $ $ $ $ $ $ $ $ $ $  PAYROLL 312,112.29  FRINGES 84,985.48  COUNTY GENERAL FUND ARPA 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  99,510.15 58,078.87  24,236.96 14,845.84  211.75 112,036.73 78,263.18 660,212.97  Cndhade COMISSIONER  60.08 34,584.87 23,454.95 182,168.18  Totals  DATE: September 27, 2023 DATE: September 27, 2023 DATE: September 27, 2023 DATE: September 27, 2023  AAE  CLERK TO THE BOARD  gf  VA 842,381.15 182,168.18 182,168.18 842,381.15  Total Paid Approve To Pay AP + Fringes Total Pd Certification- Payroll Total Payroll + Fringes  $ $ $ $  STATE OF COLORADO) COUNTY OF PROWERS) 46 EE  Ending Check No. Beginning Check No. Total Number of Checks:  70198 70183 1 16  JSS:  Office    PROWERS COUNTY TREASURER CERTIFICATION  COUNTY GENERAL FUND-01 70183-70198  0010 $ 26,130.73  September 27, 2023  Payroll $ 312,112,29 Fringes $ 84,985.48 0018 2023 $ Payroll! $ Fringes_ $ 0020 2023 2,044.14 Payroll $ 58,078.87 Fringess 14,845.84 0552 2023 : $ 0675 $ Payroll $ 0900 2023 0130 2023 $ 0100 2023 $ 2023 $ 0014 2023 $ Payroll $ Fringes $ 0676  Total_s  423,228.50  ARPA-02.  Total_$  ROAD&E BRIDGE FUND-02 County HP Voucher  Totals Total $ Totalls Total S Total $ Totals Total$  74,968.85  FSAJ (Cafeteria)_552. Sheriff's Booking! Fees  SALES. & USE: TAXFUND- 03. CONSERVATION TRUSTFUND.-06. CAPITAL FUND-07. OTHER AGENCIESFUND- 08 LODGINGTAX-09  211.75 60.08  Total $  271.83  PUBLIC! HEALTH AGENCY.-11.  County Health Pool Credit" 2023_ (683.90)  Payroll $ 99,510.15 Fringes $ 24,236.96 0016 2023 $ Payroll $ 112,036.73 Fringes $ 34,584.87 0017  Total $ Total $  123,063.21 146,621.60  CRMC.  PC.  Countyealth Pool Credit 2023 $ (1,367.80)  Payroll S 78,263.18 Fringes $ 23,454.95  Totals GRAND TOTALS  100,350.33 868,504.32  Paula Gomsanameradey Bi        a A    a    a.    :  -  0      1  ee 6 - 6  8955 3388  5E  88888 2 5 5 d0 4 of 94        de    U        aU        PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10-10-2023 Submitter: Administration Office  Submitted to the County Administration Office on:  9-26-2023  Return Originals to: N/A  Number of originals to return to Submitter:  N/A  Contract Due Date:  Item ntle/Recommended Board Action:  Consider approval of appointing two Members to the Prowers County Lodging Tax Board, (1); position on the Board to fill a term to expire December 2024 and (1) position on the Board to fill a term to expire December 2025.  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):