There will be TWO Work Sessions on  Monday, September 9, 2024:  1. 6:00 P.M. - Homeless Discussion  2. - 6:15  P.M.  Parks  & Recreation  Escondido Park Maintenance  Followed by a  Lamar Redevelopment Authority  Board meeting @6:45 P.M.  Followed by the regular City Council Meeting  @7 7:00P.M.    CITY COUNCIL WORK SESSION AGENDA Monday, September 9, 2024  6:00 P.m.  Item 1-Homeless Discussion  Item 2-Parks & Recreation Escondido Park Maintenance  Lamar Redevelopment Authority Board Meeting will follow at 6:45 p.m.    Agenda Item No. 1 Council Date: 9/9/2024  LAMAR CITY COUNCIL WORK SESSION COMMENTARY  ITEMTITLE: Homeless Discussion INITIATOR: Kirk Crespin. Mayor ACTION PROPOSED:  CITY ADMINISTRATORS REVIEW:  KrE  Discussion  STAFF INFORMATION SOURCE:  BACKGROUND: Discussion regarding homeless in Lamar.  RECOMMENDATION: Discussion    Agenda Item No. 2 Council Date: 9/9/2024  LAMAR CITY COUNCIL WORK SESSION COMMENTARY  ITEMTITLE: Parks & Recreation Escondido Park Maintenance  INITIATOR: Anthony LaTour ACTION PROPOSED:  CITY ADMINISTRATORS REVIEW:  RCE  Discussion  STAFF INFORMATION SOURCE: Anthony LaTour, Rob Evans BACKGROUND: Discussion regarding Escondido Park Maintenance  RECOMMENDATION: Discussion and any other action as Council may direct.    MEETING OF LAMAR REDEVELOPMENT AUTHORITY BOARD  CITY OF LAMAR, COLORADO Monday August 12, 2024 6:45 p.m.  1 234567891011 13 14_15_16_17 18  JOE GONZALES SHALAH MATA GERRY JENKINS KIRK CRESPIN DAVID ZAVALA MANUEL TAMEZ BRENT BATES ROB EVANS KRISTIN SCHWARTZ LANCE CLARK Pledge of Allegiance Meeting Called to Order Item 1-F Roll Call Item 3-1 Payment of Bills  GENERAL BUSINESS  Item 2- Approval of Meeting Minutes- - 08/12/2024  Item 4-A&S, LLC Façade Application & Agreement  Item S-Miscellaneous  City Council meeting will follow at 7:00pm    CITY OF LAMAR AUTHORITY BOARD August 12, 2024  MINUTES OF THE LAMAR REDEVELOPMENT  The Lamar Redevelopment Authority Board met in a regular session at 6:54 p.m. in the  Council room with Chairman Crespin presiding.  Present:  Joe Gonzales, Shalah Mata, Gerry Jenkins, Kirk Crespin, David Zavala, Manuel Tamez, Brent Bates, Rob Evans, Kristin Schwartz,  Lance Clark  Absent:  Approval of Meeting Minutes - 7/22/24  Boardmember Bates moved and Boardmember Jenkins seconded to approve meeting  minutes - 7/22/2024. Voting No: None  Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates  Chairman Crespin stated "Let the record reflect that all Boardmembers voted an  affirmative, motion passes 7-0". Payment of Bills  Boardmember Bates moved and Boardmember Tamez seconded to approve payment  of Check #100015 to ZAM Inc in the amount of $20,000.00. Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates  Voting No: None  Chairman Crespin stated "Let the record reflect that all Boardmembers voted an  affirmative, motion passes 7-0".  Miscellaneous None Adjournment  There being no further business to come before the Board, Boardmember Jenkins moved and Boardmember Bates seconded that the meeting adjourn. Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates  Voting No: None  Chairman Crespin stated "Let the record reflect that all Boardmembers voted an  affirmative, motion passes 7-0". The meeting adjourned at 6:57 p.m.  Linda Williams - City Clerk  Kirk Crespin - Chairman    Agenda Item No. Council Date: 09/09/24  4  LAMAR REDEVELOPMENT AUTHORITY AGENDA ITEM COMMENTARY  ITEM ITITLE: A&S. LLC] Facade Application & Agreement INITIATOR: Martha Baird-Alvarez. Main Street Manager CITY ADMINISTRATORS REVIEW: RrE  ACTION PROPOSED: Approve Application and Sign Agreement STAFF INFORMATION SOURCE: Martha Baird-Alvarez  BACKGROUND:  A&S, LLCi is requesting funds from the Urban Renewal Authority District for facade upgrades in 306 South Main St. The work consists ofapplying stucco to the south-outer wall oft the building. These improvements are an addition to the new windows and a new door that are being installed this month. A&S, LLC will be using the A&S, LLC is requesting $547.60 which is 20% oft the proposal amount of $2738.00 to assist with the facade  building to open an antique shop at the beginning of2025.  improvements.  RECOMMENDATION: Approve application and sign urban renewal authority facade grant, or such other  action as Council may direct.    Monday, August 5,2 2024  EXMAR  PROSPIRITNE CONIMIES  BUSINESS INCENTIVE APPLICATION  Approval Status  Ina collaborative effort to streamline business growth in Prowers County, Prowers Economic Prosperity, Prowers County, and the City ofLamar are partnering in a combined application where al business can complete one form to access most local resources. Consult with Prowers Economic Prosperity to find  additional State of Colorado resources that may be available to you.  Business Information  Business Name Type of Business FEIN # Mailing Address Primary Contact Email Primary Contact Name Primary Contact' Title Principal Owner/Officer Name(s) Contact's Primary Phone Number Contact's Cell Number  A&SLLC  Antiques and Collectables  Colorado, 81052 alred@prowetsile.com Alfred F. Bergquist Member  Alfred F. & Susan R. Bergquist (719)336-3261  Project Description, including an implementation timetable and person responsible for Proposed Antique and Collectables store. Updating store front with new door and windows and South  managing project if not previously identified in application:  outer wall. 8/24/24-3/257 Susan R. Bergquist Property Physical Address  306 South Main Street  Property Owner Name if not identified A&SLLC  above  Property Owner Phone Number    How will this project benefit the city/town and/or Prowers County?  New business for downtown Lamar. Tax revenue. Current value of building/property based on appraisal or Prowers County Assessor's valuation $ Acquisition (Land & Building) $  $125,000.00  $85,000.00  Building Constiructon.Renovation $ $35,000.00  Machinery & Equipment $  $5,000.00 $5,000.00 50%  Other $  %ofLocal Contractors Construction Start/Estimated Completion Date  8/24/24-9/24/24  Each business is different and may need unique assistance to meet their start up and/or  mprovemenrexpanson goals. Understanding that resources are limited, we want to help when and where  we can. Give us a better idea of where you need assistance and why.  Business Assistance  Building Improvements New door and windows, stucco  Please give more detail for any checked Business Assistance needs: Technical Assistance - navigating start-up regulations and other  Permitting  processes. See URAI map  a) The project property is located in the Lamar Redevelopment Authority  Yes  district  b) Please consider this project for the Façade Improvement Eligible improvements include but are not limited to: Awning repair, replacement, removal, or addition Removal and replacement of signage or new signage replacement, or rear facade alterations  following funding areas.  Rear façade improvements including but not limited to repairs or upgrades, window repair, and Rear façade improvements that rehabilitate the historic features of a building Cleaning of rear façade materials, painting, brick pointing, and other façade improvements Establishment of alley entrances that function like front doors including necessary interior  improvements to facilitate customer movement Door painting and/or replacement Modifications to improve accessibility to businesses Addition of public art on private property    Lamar Community College serves as a local partner for workforce training. If this section is completed, an  LCC staff member will contact you about your needs. Total number of employees for the past 12 months (current FTE, current average annual wage) Number of new FTE's to be created (by position) Description of new positions to be created  1  1 1  Upload the following documents, if applicable All funders require a Site Plan and/or equivalent designs/drawings  Scanned from a Xerox Multif... pdf  All funders require itemized, detailed cost estimates, quotes, or bids from final contractor/s and vendors Approval Activity History  Scanned from a Xerox Multif... pdf  Actor  Actions  Date  Email sent. (Common Business Incentive App Submission)  51 Notification  director@prowerspep.org,mwe Monday, August 5, 2024  sthoff@prowerscounty.netco mmunty@ci.amamar.co.us,mart aaarez@camarcous    Main St.  Shonnom  offce  Heker  Siorag-2  Not to Scake    IDO STUCCO 102-110 MAIN STREET BOONE, CO8 81025  QUOTE INVOICE#111 Date:7/26/2024  To: ARSLLC P.O. BOX 859 LAMAR, CO 81052  Salesperson CARL MESSENGER Qty  Job STUCCO Description  Payment terms DUE UPON COMPLEATION  Due date TBD  Unit price  Line tota! 000  STUCCO SOUTH-OUTER WALL AT 306 SOUTH MAIN  2738.00  Subtotal Sales Tax Total  0.00 2738.00  Quotation prepared by: CARL MESSENGER To accept this quotation, sign here and return: Thank you for your business!  Thisi is a quotation on the goods named, subject to thétopditia igns hoted below: All sales final, payment due upon receipt.  -    URBAN RENEWALFACADEGRANT AGREEMENT  A&S, LLC  1.0 PARTIES. The parties to this Agreement (the "Agreement") are, the LAMAR REDEVELOPMENT AUTHORITY, a body corporate and politic of the State of Colorado (the "AUTHORITY"), and A&S, .LLC_ (the "OWNER"). The parties are also referred to herein 2.0 PURPOSE. Each ofthe undersigned representatives oft the Parties hereto hereby represent they have full authority to bind the Lamar Urban Renewal Authority and to the terms of this  collectively as the "Parties" or individually as a "Party".  agreement.  2.01 The AUTHORITY is carrying out the Downtown Lamar Urban Renewal Plan (the "Plan"), which was adopted by the Lamar Redevelopment Authority Board on September 14, 2009. The OWNER owns the real property located 306 South Main St (the "Property"),  which is located within the boundaries oft the Plan.  2.02 The OWNER is making certain improvements to the Property. The AUTHORITY desires to assist the OWNER in making façade improvements which aid is consistent with the 3.0 TERMS AND CONDITIONS. In consideration of the mutual covenants and promises of the Parties contained herein, and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as set forth in this Agreement. The parties further agree that the work described in Section 4.01, below, shall be completed no later than December 31,2024 and ifitisi not, the AUTHORITY will terminate the grant and ai new application must be  intent and purpose oft the Colorado Urban Renewal Law and the Plan.  submitted and approved.  4.0 IMPROVEMENTS AND COSTS. The grant amount total is $ 547.60 (five hundred forty seven dollars and sixty cents) to come from the 2024 URA budget and it will be distributed as follows: 100% oft the total grant, not to exceed $_547.60 payable to the OWNER within thirty (30) days of the OWNER providing copies to the AUTHORITY of invoices for all expenses incurred for the improvements described in section 4.01 ofthis Agreement, and evidence that the work has been permitted, inspected and passed by the City ofLamar Chief Building Official.  PLOF5    4.01 Construction Costs. The project consists of:  a) Façade improvements, at 306 South Main St. Lamar. CO 81052  The total cost ofthe improvements was $ 2,738.00  The Urban Renewal grant for the  project will be for 20% oft the total cost but not to exceed $ 547.60  4.02 Matching Funds (the OWNER). Other funds will be made available by the OWNER in the amount of 80% of the total cost of the project or $ 2.163.40  whichever amount is larger.  4.03 Quality of Construction. All improvements shall be constructed in a good and workmanlike manner and in accordance with all applicable laws, codes, ordinances and design standards. The installed improvements shall remain as an appurtenance to the  building should the building change ownership.  5.0 OBLIGATIONS OF THE OWNER. Except for the project described in section 4.0 above, the OWNER agrees to make any other planned improvements to the interior and exterior of the building and the Property in accordance with plans approved by the City Building Official and to pay the costs oft the Improvements described in this project in excess of$ 547.60  5.01 Ability to Perform. The OWNER represents warrants and certifies to the AUTHORITY that the OWNER has the necessary legal ability to perform its obligations under this Agreement. This Agreement constitutes a valid and binding obligation of the 5.02 Retail Development. The Parties agree that the AUTHORITY is making this grant available to OWNER based on the AUTHORITY's belief that maintaining a successful retail operation in OWNER's property is critical to halting the spread of blight in downtown Lamar. OWNER agrees that he will use his best efforts to recruit and retain a retail business to occupy the property, employ a retail staff and contribute to the improvement of the retail business environment on Main Street, Lamar for at least five years following thec completion ofthe repairs and improvements undertaken at the property. OWNER further agrees that he will encourage the retail business selected to occupy the property to participate in Main Street business development efforts of the Lamar Main  OWNER, enforceable according to its terms.  Street Program.  B20E5    5.03 Proof of Expenses. The Owner agrees to provide copies of paid receipts to the AUTHORITY within thirty (30) days oft the completion oft the project described herein for all expenses incurred for the improvements described in Section 4.01 of this Agreement, 5.04 Indemnification. The OWNER shall defend, indemnify, assume any and all responsibility for and hold harmless the AUTHORITY, their commissioners, officers and employees (including, without limitation, for attorney fees and costs) from all claims or suits for and damages to property and injuries to persons, including accidental death, that may be caused by any commission or act ofthe OWNER or OWNER'se employees, agents, officers, and representatives, whether such activities or commission are undertaken by the OWNER or anyone directly or indirectly employed by or under contract to the OWNER and whether such claim or damage shall accrue or be discovered before or after termination  which must be completed no later than December 31. 2024  ofthis Agreement.  6.0 REMEDIES. If any Party defaults hereunder, any non-defaulting Party may seek enforcement of the Agreement by any available remedy at law or in equity; provided, however, damages payable by the AUTHORITY shall be limited to those amounts that would have been payable under this Agreement. In no event shall the AUTHORITY be liable for special, consequential, or punitive damages. In addition, any non-defaulting Party may recover its 7.0 NOTICES. Unless otherwise notified in writing by any Party, all notices required or permitted by this Agreement shall be in writing and shall be sufficiently given if delivered in person, by prepaid overnight express mail or express courier to any Party or by certified mail, with  reasonable costs and attorney fees.  postage prepaid, return receipt requested and addressed:  Ini the case oft the AUTHORITY: Lamar Redevelopment Authority  Attention: Kirk Crespin, Mayor 102 East Parmenter Street Lamar, Colorado 80152  Ini the case of OWNER:  A&s, LLC Alfred F. Bergquist  AV3OE5    8.0 ENTIRE AGREEMENT: AUTHORITY NOT A PARTNER. The respective obligations ofthe Parties tot this Agreement constitute the only obligations ofthel Parties under this Agreement. Notwithstanding any language in this Agreement or any other agreement, representation or warranty to the contrary, the AUTHORITY shall not be deemed to be aj partner or joint venture of the OWNER and the AUTHORITY shall not be responsible for any debt or liability of the 9.0 ASSIGNMENT This Agreement or any rights or interest in this Agreement may not be assigned or transferred by either Party without the prior written approval of the other Party. 10.0 BINDING EFFECT. The Agreement shall be binding upon and inure to the benefit of the Parties, their personal representatives, successors and assigns, but nothing herein shall permit the assignment or transfer oft this Agreement without the prior written consent ofthe other Party. 11.0 JURISDICTION AND VENUE. In the event ofl litigation hereunder, the Prowers County District Court sitting without aj jury shall have exclusive jurisdiction and venue of the case. 12.0 AMENDMENTS. This Agreement is the entire Agreement oft the Parties as to the subject matter herein and supersedes and replaces all prior agreements with respect to the subject matter 13.0 AUTHORITY. The persons executing this Agreement on behalf of Parties represent and warrant that each is fully authorized to bind such Party to all of the terms and conditions of this 14.0 GOVERNING LAW. This Agreement shall be construed and interpreted under the laws 15.0 ENFORCED DELAY. The AUTHORITY shall not be considered in breach of, or in default in, its obligations with respect to this Agreement in the event of delay in the performance ofsuch obligations due to causes beyond its control and without its fault or negligence, including, but not limited to, acts of God, acts of public enemy, acts of federal or state government, acts of the other party, acts oft third parties (including the Owner), acts of courts, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors or material men due to such causes, it being the purpose and intent ofthis] provision that if such delay occurs, the time or times for performance by the Party affected by such delay shall be extended for the period of the delay. The Party seeking the benefit of this provision shall  OWNER.  herein and may be amended only in writing fully subscribed by the Parties.  Agreement. ofColorado.  P4085    give written notice ofa any such delay to the other Parties within thirty (30) days after such Party 16.0 NOTHIRDPARTYI BENEFICIARIES. The. AUTHORITY shall not be obligated orl liable 17.0 NOWAIVER OF IMMUNITY. Nothing contained in this Agreement constitutes a waiver ofthe Authority'ssovereign immunity or governmental immunity under any applicable State law. 18.0 CONSTRUCTION OF AGREEMENT. This Agreement has been arrived at by negotiation and shall not be construed against either party to it or against the party who prepared  knows of such delay.  under the terms oft this Agreement to any person or entity not a party hereto.  the last draft.  IN WITNESS WHEREOF, this Urban Renewal Agreement is executed by the AUTHORITY and  OWNER as of the 09 Day of September. 2024  AUTHORITY  LAMAR REDEVELOPMENT AUTHORITY  By:  Kirk Crespin, Chair  Attest:  Linda Williams, Secretary  OWNER By:  A&S,LLC Alfred F. Bergquist  P.50F5    CITY OF LAMAR, COLORADO MEETING OF CITY COUNCIL Monday, September 9, 2024 - 7:00 p.m.  AGENDA-  123456789101 12 13 14 15 16 17 18  JOE GONZALES SHALAH MATA GERRY JENKINS KIRK CRESPIN DAVID ZAVALA MANUEL TAMEZ BRENT BATES ROB EVANS KRISTIN SCHWARTZ LANCE CLARK  GENERAL BUSINESS  I. II.  Invocation = Pledge of Allegiance III. Call to Order IV. Roll Call V. Review Agenda  CONSENT AGENDA  Item 1-Approval of Council Meeting Minutes - 8/26/2024 Item 2-Approval of Minutes for Board and Commissions  a) Utilities Board - 8/13/2024 b) Adjustment and Appeals -7/31/2024  Item 3-F Payment of Bills Item 4-License - Renewal  PUBLICCOMMENT  Item 1-Audience Participation-During this portion of the meeting, anyone may speak on any subject which does not Appear on the agenda. Individual speakers are limited to three minutes each and at the discretion ofthe  Council". (Please provide name and address).  REPORTS AND CORRESPONDENCE    Item 1-City Treasurer's Report Item 2-City Clerk's Report Item 3-City Administrator's Report  Item 4-F Reports and Correspondence from Council  NEW BUSINESS  Item 1-Oath nofOfficei for New Police Officer- - Steve Sanger  Item 2-C Consider Amending Resolution 17-12-03 Authorizing Payment of $350,000 Per Year From the City's General  Fund to the Lamar Utilities Board  Item 3-Contract with Lower Arkansas Valley Area Agency on Aging (LAVAAA)  Item 4-Permission to Pursue the Motorola Grant Program  Item 5-Permission to Apply for the Edward Byrne Memorial Justice. Assistance Grant  ORDINANCE 1ST READING  Item 6-Ordinance No. -"An Ordinance Amending Chapter 8 Article 11 Regarding Mobile Food' Trucks and Pushcarts"  Item 7-Miscellaneous  Item 8-Executive Session - (1) For a Conference with the City Attorney for the Purpose ofl Receiving Legal Advice on Specific legal questions under C.R.S. $24-4-402 (4)(b) regarding municipal/district legal relationship (2) For Discussion of personnel matters under C.R.S.924-6-402 (4)(f) to review the outcome oft the City Clerk, Treasurer And Administrators annual performance reviews, including a review of the performance oft the targets that were  Provided  NEXT CITY COUNCIL MEETING- Monday, September: 23, 2024 @ 7:001 P.M Individuals with disabilities needing auxiliary aid(s) may request assistance by contacting Stephanie Strube at City ofLamar, 102 E Parmenter, Lamar CO 81052, or by phone (719) 336-4376. We would appreciate 48 hours advance notice of the event SO  arrangements can be made to locate the requested auxiliary aid(s).    CITY OF LAMAR August 26, 2024  MINUTES OF THE CITY COUNCIL MEETING  The City Council met in a regular session at 7:00 p.m. in the Council Room with Mayor  Crespin presiding. Present:  Joe Gonzales, Shalah Mata, Gerry Jenkins, Kirk Crespin, David Zavala, Manuel Tamez, Brent Bates, Rob Evans, Kristin Schwartz,  Lance Clark  Absent: Consent Agenda voted on separately.  Councimember Bates moved and Councimember Jenkins seconded to approve the consent agenda Items 1-4 with the removal of 2 checks to Gonzales Unlimited to be  Item #1 - Approval of Council Meeting Minutes - 8/12/2024 Item #2 - Approval of Minutes for Board and Commissions  a) Utilities Board -7/23/2024 b) Airport Board - 7/17/2024 Item #3 - Payment of Bills  General Fund-Vouchers #100082-100196 Item #4 - License - New and Renewal - None  Voting Yes: Mata, Jenkins, Crespin, Zavala, Tamez, Bates  Voting No: None Abstain:  Gonzales  Mayor Crespin stated "Let the record reflect that all Counciimembers voted an  affirmative, motion passes 6-0".  Approve Check #100138 & 100196 to Gonzales Unlimited  Councilmember Jenkins moved and Councimember Zavala seconded to approve check #100138 in the amount of $2,665.85 and check #100196 in the amount of $750.00 to  Gonzales Unlimited for vehicle repairs.  Voting Yes: Mata, Jenkins, Crespin, Zavala, Tamez, Bates  Voting No: None Abstain:  Gonzales  Mayor Crespin stated "Let the record reflect that all Councilmembers voted an  affirmative, motion passes 6-0". Audience Participation City Treasurer Report  None    City Treasurer Schwartz provided a grant update on the following.  Received grant award noticed from LAVAAA which is the money that we use towards the Senior Center. We were awarded $25,589.00. She will bring the Regarding the potholing grant for the water/wastewater we went out for bids last Working on gathering information on the traffic study to put together an RFP, she is waiting on a scope of work from Chief Fear and City Administrator Evans. Thomas and Kristin have been working with Tyler both last week and this week to allow for the first data upload this week. Financials will be the first upload with other modules to follow. Once uploads begin and the employees do the training  contract to the next meeting for approval and signatures. week and will accept bids until September 19, 2024.  modules we will begin running it to start the process.  City Clerk Report  City Clerk Williams reported in the month of July there were 2,203 sales tax returns processed, 6 new licenses for Lamar and 6 for none Lamar businesses along with 2 City Clerk Williams reported that they processed 63 electric connects, 60 electric disconnects, 44 water connects, and 43 water disconnects for residential customers, 2 electric connects, and 2 electric disconnects during the month of July. She reported that there was 1 cemetery lot purchased in Fairmount Cemetery with 5 opening/closings at Fairmount, 1 opening/closing in the Veteran's section, and 4  terminated Lamar businesses and 5 outside businesses.  opening/closings at Riverside.  City Clerk Williams gave an update on the local newspaper issue: With audit completed and budget process began City Treasurer now has a bit of time to put an RFP together for sending bid requests out for a newspaper of posting. Ifyou remember in July I had made the suggestion of using the Bent County Democrat in the interim. We have posted a few items and have found that iti is not going to work for the City of Lamar. Itis very cumbersome process placing the postings and they do not follow all of the Ihave been in contact with the Kiowa County Press, Ms. Sorensen and they have guaranteed publication along with following all state statute requirements. At this time it would be her suggestion that until we receive the RFP's back we utilize the Kiowa County Press for the City's legal publications along with also posting on our website and  requirements per state statute as they stated.  social media if applicable. City Administrator Report Coffee with Rob  City Administrator Evans announced schedule for Coffee with Rob is below.  August 28, 2024 - TA Express Lamar Cub Scouts Pack 223- Movie Night  City Administrator Evans announced that Lamar Cub Scouts Pack 223 will be hosting a Movie Night with Ice Cream on August 29, 2024 beginning at 6:00 p.m. with Despicable  Me 4 playing at the Lamar Christian Church Fellowship Hall.  Project Update    City Administrator Evans gave project updates on the items below:  Public Works have been heavily working on storm cleanup from last week's storm. They are also gearing up for street paving. He also stated that for the cleanup citizens could place any fallen limbs on the curb in front of home and street crews would be by in the next day or two to pick up. Once they have went down the street they will not be back tracking. No limbs in alleyways, they will Library is working with the Amache Rangers to put together a program in ITD Department is implementing the suggestions made during the security audit Police Department is working on building the scope of work for the traffic study Community Development reported that there is new home building between 8th & Parks has put extra maintenance in place over the next few weeks to make needed repairs to the parks. They have received some advice from previous  not be pick up. September.  and working on the Tyler preparation. so that City Treasurer can put out RFP.  gthSt.  employees and the needed repairs.  Miscellaneous None  Reports and Correspondence from Council  PEP Update  Councilmember Bates reported that PEP had a presentation by Stephanie at SECED  regarding the many programs that SECED has available.  Public Safety Board  Councilmember Jenkins reported that they met on Thursday and the discussion was to  do some research regarding Neighborhood Watch program.  Airport Board Update rehabilitation of Taxiway A. Golf Board Update  Councilmember Mata reported that discussion at the board meeting was the  Councilmember Gonzales reported that the golf course was shut down today due to the High School Boys golf tournament. He also stated that the Labor Day Tournament is August 31, 2024. The golf board is hosting a match play that will run in September with Championship being held September 21st or 22nd. He also reported that the Two Shot Golf Tournament will be September 27-29, 2024 with JVA being one of the biggest Councilmember Gonzales reported that during the recent storm there was a small  sponsors of the tournament.  amount of damage to the course that is being cleaned up.  Planning and. Zoning Update hearing for Thursday, August 29, 2024.  Councimember Gonzales reported that Planning & Zoning has scheduled a public  Miscellaneous    Mayor Crespin announced that the Lamar Utility Board has received a letter of resignation from Boardmember Stagner resigning from both Lamar Utility Board and the Mayor Crespin wanted to say thank you to AM Breakfast for expanding their business from just serving on the weekend to six days a week and hiring some of the Hickory House staff that were recently let go due to the closing of the restaurant. Mayor Crespin informed Council and citizens that he has received calls and emails requesting us to look at the US Corridor between Newton, KS and Pueblo, CO. They would like to make this a 4-lane highway and convert it to 150 instead of Highway 50. Mayor Crespin gave a thank you to owners of Casa Azteca for the invitation to their soft  ARPA Board. Advertisement for openings will be posted.  Council would like some additional information regarding this.  opening on Sunday, August 25, 2024.  NEW BUSINESS  Oath of Office for New Chief of Police  Mayor Crespin administered the Oath of Office to the New Police Officer Jose Lozoya. Pinning of Badge was done by Officer Lozoya's brother Jesus Lozoya.  New Public Safety Building Discussion  Mayor Crespin announced that there has been further discussion on the Public Safety Building. As everyone knows they had an architect draw up plans of not only a conversion to the current building but a new standalone building, which both plans came ins significantly higher than what was set aside to do the building. He stated that Police Chief Fear has done his due diligence in looking at a potential building to convert into a Public Safety Building for both Police and Fire. There have been two buildings identified as possible locations. After all of Council input Mayor Crespin asked if this is something that they wish to move forward on and that he, Mayor Pro-Tem Tamez, City Administrator and City Attorney could begin negotiations. Nothing would be done Boardmember Bates moved and Boardmember Mata seconded to approve negotiations for a public safety building by the Mayor, Mayor Pro-Tem, City Administrator, and City  without further Council approval.  Attorney.  Voting Yes: Gonzales, Bellomy, Jenkins, Crespin, Duffy, Tamez, Bates Mayor Crespin stated "Let the record reflect that all Councimembers voted an  Voting No: None  affirmative, motion passes 7-0". Contract for Canon Copier  Councimember Gonzales moved and Councilmember Tamez seconded to approve a five-year (5) lease contract for a Canon copier to the Library in the amount of $179.03  per month and authorize the Mayor to sign.  Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates  Voting No: None    Mayor Crespin stated "Let the record reflect that all Councilmembers voted an  affirmative, motion passes 7-0".  Appointment to Historic Preservation Board three-year term expiring June 1, 2027.  Councimember Bates moved and Councimember Tamez seconded to approve the re- appointment of Jennifer Moritmeyer to the Historic Preservation Board for an expired (3)  Voting Yes: Gonzales, Bellomy, Jenkins, Crespin, Duffy, Tamez, Bates Mayor Crespin stated "Let the record reflect that all Counciimembers voted an  Voting No: None  affirmative, motion passes 7-0". Appointment to the Lamar Utility Board  Councimember Tamez moved and Councimember Mata seconded to approve the re- appointment of Doug Thrall to the Lamar Utility Board for an expired (5) five-year term  expiring August 1, 2029. Voting No: None  Voting Yes: Gonzales, Bellomy, Jenkins, Crespin, Duffy, Tamez, Bates Mayor Crespin stated "Let the record reflect that all Councimembers voted an  affirmative, motion passes 7-0".  Request for Extra-Territorial Water Service  Councimember Tamez moved and Councimember Gonzales seconded to approve the Extra-Territorial Water/Wastewater Service Agreement for 6619 Rodeo Dr. with DZ Construction, Zane Rankin and Damian Ramos and authorize the Mayor to sign. Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates  Voting No: None  Mayor Crespin stated "Let the record reflect that all Councilmembers voted an FAA/CDOT/BIL Grant Offers for Airport Improvements Projects (AIP) )025 & 026 Councilmember Bates moved and Councimember Tamez seconded to approve the acceptance of the FAA/CDOT/BIL grant offers for the Improvements Projects (AIP) 025 &026 Taxiway A at the Southeast Colorado Regional Airport and authorize the Mayor  affirmative, motion passes 7-0".  Taxiway AI Project Southeast Colorado Regional Airport  to sign both grants. Voting No: None  Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates  Mayor Crespin stated "Let the record reflect that all Councilmembers voted an  affirmative, motion passes 7-0".  Award Bid for Taxiway A Reconstruction/Rehabilitation  Councimember moved and Councimember seconded to approve and award Bid for Taxiway A Reconstruction/Rehabilitation Schedule I only to W.W. Clyde & Co. in the    amount of $2,743,990.00 and allow the Mayor to sign agreement upon funding availability and the City Attorney and City Treasurer's review and approval. Voting Yes: Gonzales, Bellomy, Jenkins, Crespin, Duffy, Tamez, Bates Mayor Crespin stated "Let the record reflect that all Councilmembers voted an Approval of IGA with CDOT for the TAP Grant for Sidewalk Project Councilmember Tamez moved and Councilmember Bates seconded to approve IGA with CDOT for the TAP Grant Sidewalk Project and authorize the Mayor to sign Voting Yes: Gonzales, Bellomy, Jenkins, Crespin, Duffy, Tamez, Bates Mayor Crespin stated "Let the record reflect that all Councilmembers voted an Approval and Signature of City Administrator, Robert Evans for CTO Marketing Councimember Bates moved and Councimember Tamez seconded to approve the signature of City Administrator, Robert Evans for CTO Marketing Grant Letter of Voting Yes: Gonzales, Bellomy, Jenkins, Crespin, Duffy, Tamez, Bates Mayor Crespin stated "Let the record reflect that all Councilmembers voted an  Voting No: None  affirmative, motion passes 7-0".  electronically. Voting No: None  affirmative, motion passes 7-0". Grant Letter of Support  Support.  Voting No: None  affirmative, motion passes 7-0".  Miscellaneous  Councilmember Bates wanted to say he has received several compliments from citizens on the transparency of the police department with their Facebook posts, his personal demeanor when he interacts with community members. The public notices everything Executive Session - Fora a Conference with the City Attorney for the Purpose of Receiving Legal Advice on Specific Legal Questions under C.R.S. 24-6-402/4/b) Councilmember Bates moved and Councilmember Tamez seconded to enter into an executive session - For a Conference with the City Attorney for the Purpose of Receiving Legal Advice on Specific Legal Questions under C.R.S. 24-6-402(4)(b). Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates  that he is trying to update, cleanup and improve.  Voting No: None  Mayor Crespin stated "Let the record reflect that all Councimembers voted an Regular meeting recessed and executive session convened at 8:18 p.m.  affirmative, motion passes 7-0".    Councilmember Jenkins moved and Councimember Tamez seconded that executive  session adjourn at 9:37 p.m. and open meeting was reconvened. Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates  Voting No: None  Mayor Crespin stated "Let the record reflect that all Councimembers voted an  affirmative, motion passes 7-0".  Adjournment  There being no further business to come before the Council, Councilmember Jenkins moved and Councimember Bates seconded that the meeting adjourn. Voting Yes! Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates  Voting No: None  Mayor Crespin stated "Let the record reflect that all Councilmembers voted an  affirmative, motion passes 7-0". The meeting adjourned at 9:39 p.m.  Lance Clark as City Attorney attests pursuant to C.R.S. $246-4022X4.5X1XB) that a portion of the executive minutes not recorded constituted a privileged attorney-client  conversation.  Lance Clark  Linda Williams = City Clerk  Kirk Crespin - Mayor    LAMAR UTILITIES BOARD August 13, 2024  MINUTES OF THE UTILITIES BOARD MEETING  The Lamar Utilities Board met in regular session at 12:07 p.m. with Vice-Chairman  Brooke presiding. Present:  Jay Brooke, Patrick Leonard, Roger Stagner, Lance Clark, Houssin Hourieh, Lisa Denman, Leala Owen, Linda Williams  Doug Thrall arrived at 12:12 p.m. Jill Bellomy, Kirk Crespin  Absent:  Minutes of Previous Meeting - July 23, 2024 meeting minutes of July 23, 2024. Voting Yes: Brooke, Leonard, Stagner Purchase Orders #630148 thru 630204  Boardmember Leonard moved and Boardmember Stagner seconded to approve  Voting No: None  Boardmember Stagner moved and Boardmember Leonard seconded to approve purchase orders #630148 thru 630204 in the amount of $1,041,807.41.  Voting Yes: Brooke, Leonard, Stagner  Voting No: None Payment of Bills  Boardmember Stagner moved and Boardmember Leonard seconded to approve payment of bills: Vouchers #54734 through #54806 for a total of $375,555.41.  Voting Yes: Brooke, Leonard, Stagner  Voting No: None and his Service to LUB  Consider Approval of Resolution No. 24-08-01 - Recognition of Roger Stagner Boardmember Leonard moved and Boardmember Brooke seconded to approve Resolution No. 24-08-01 - Recognition of Roger Stagner and his Service to LUB.  Voting Yes: Brooke, Leonard, Stagner Voting No: None System Operating Report  Superintendent Hourieh reported that through the first half of 2024 LUB's three wind turbines have generated 6,506.82 MWH's of electricity at an average capacity factor of 32.33%. This is about 6.89% higher than the same period last year. When compared individually, T-1 has generated more than the other two turbines, while T-4, ARPA's unit ranked 4th in MWH's generated. T-5 the Springfield turbine has generated 2,709.91 MWH's of electricity. This is about 3.62% higher than the same period last year, at an  average capacity factor of 41.38%.    Superintendent Hourieh reported that they have received GE's borescope report for the inspection done on T-2's gearbox. The report indicates extensive gearbox damage with multiple fractured teeth. The recommendation is to leave the turbine down as it is not  cost effective for repair. Adjournment  There being no further business to come before the Board, Boardmember Thrall moved  and, Boardmember Leonard seconded that the meeting adjourn.  Voting Yes: Brooke, Thrall, Leonard, Stagner The meeting adjourned at 12:31p.m.  Voting No: None  Linda Williams - City Clerk  Jay Brooke - Vice-Chairman    ADJUSTMENTS AND APPEALS  CITYOF LAMAREE  MEETING MINUTES  Location: Date: Time:  Cultural Events Center July31,2024 6:00 pm  Attendees: Richard Maggart, Palle Day-Jensen, Todd Horning, Rinda Emick, Stephanie  Strube, Anne-Marie Crampton  Absent:  Doug Eastin  AGENDA DETAILS  I. MEETING CALLED TO ORDER  Time: 6:03pm  II. APPROVAL OF MINUTES FROM JULY 9, 2024  Motion:. Rich 2nd by: Palle Alli in favor: Yes  III. OPEN POSITION  Todd Horning agreed to stay on the board ai few more months until he moves. The open position has been posted. Need a motion to accept Todd's application  to remain on the board. Motion: Rich 2nd by: Rinda All in favor: Yes  IV. NEW BUSINESS AA-2024-06  LAI Design Group and Doug Thrall/Grover Management are requestingay variance  to share existing water lines. Public Hearing needs set. Public hearing set for August 29, 2024 at 6pm.    V. NEW BUSINESS AA-2024-07  Scott Crampton is wanting to place a carport on1 the south property line. The proposed carport would be a single slope carport1 1WX2VIXIISK8S. The proposed carport is being used for shade/covered patio.  Motion to approve for 0' lot line with the notion that the applicant understands the  following rules they need to abide by.  1. It is the property owner's responsibility to research and abide by the covenants of 2. The applicant shall comply with all other applicable Zoning and Building Code requirements not excepted by this variance request, including but not limited to obtaining al building permit for work to bej performed prior to commencing such 3. The approved application shall be good for one year or three hundred and sixty-five  subdivision.  improvements on thej property.  calendar days from the date of the approval letter.  Motion to Approve. X Deny First_ Palle 2nd by: Rich Alli in favor, Yes  VI. CONCLUSION Time: 6:17pm Motion: Rich 2ud! by: Palle Alli in favor Yes  Sidab Stephanie Strube  Richard Maggart  Page 2    e 888 88 88 : a 88 : 8 o 88888 88888  E  de  :    :  :88 :  8888  : : a  6o  60  835 0o  13  le Saaa iiiiis  mt    E38  ::  TTTT iiiiilil    00  :8  :8   de  N    80 1e  o :88 60 88 38 88  4:  mm  1111  mE    a  N    :  15533115355 888 :o : :8  do  REEs  :8  688 2  -  A  d0    08888  888 888 8e  0o 0o 88  NS  :  1 B    :  :888 88 :8 6o 00  : 00  888888 8883 888888  a  -  5S  11  IIII -  -  -    : s  33 35  d0  oo 88 888  0 60 88888  a :  :s  R    S    88888 888 : 88 88  0000 0o  o  6  a  - :    :888 88 :  -  65  N  -    : : o  0  0000 8888 88 8888  d8 88  dis  111    388888 :8 0000  8888885  E85s fiiiit 858 1AA9      888  60 88 8  fifiiili    - E6E 1  88 8888 o 888 - 888 88 8  v  E Et ii    1  Agendal ItemNo. Council Date: 09/09/2024  LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY  ITEMTITLE: CITYTREASURER REPORT INITIATOR: Kristin Schwartz. City Treasurer CITY ACTION PROPOSED: Discussion. ifnecessary  ADBBATESHNAIE  STAFF INFORMATION SOURCE: Kristin Schwartz. City Treasurer  BACKGROUND: ITEMS TO] BE DISCUSSED:  1. 2024 Grant Tracking Information Sheet  2. Grants Update 3. Misc.  RECOMMENDATION: None necessary        959    Agenda Item No. Council Date:  2 9/9/2024  CITY CLERK'S REPORT  TO: FROM: DATE:  Mayor & City Council Members Linda Williams, September 9, 2024  Clerk pd City  Please find listed below items to be covered in the City Clerk'sreport.  1. Sales and Use Tax Report 2. Miscellaneous  Thank you and please do not hesitate to contact me should you have any questions or comments regarding this  information. Thank you.    REVENUE REPORT - AUGUST 2024  MONTHLY  JULY SALES & USE TAX COLLECTED IN AUGUST 2024  DIFFERENCE FROM 2023 TO2024 $31,100.80 -$2,043.44 $1,274.70 $30,332.06  %0F DIFFERENCE 8.23% -5.50% 101.32% 7.29%  2024 $409,010.09 $35,142.49 $2,532.85 $446,685.43 $12,143.02  2023 $377,909.29 $37,185.93 $1,258.15 $416,353.37 $11,673.68  CITY SALES TAX COLLECTED (3%) USE TAX COLLECTED OTHER COLLECTIONS  (Penalties & Interest, Licenses, A/R's) TOTAL SALES/USE TAX COLLECTIONS VENDOR'S COMMISSION  YEAR TO DATE  SALES & USE TAX COLLECTED JANUARY - AUGUST: 2024  DIFFERENCE FROM 2023 TO2024 $291,110.76 -$10,470.21 $1,382.10 $282,022.65  %OF DIFFERENCE 9.24% -3.54% 5.66% 8.13%  2024 $3,441,424.17 $284,968.56 $25,805.23 $3,752,197.96 $97,957.00  2023 $3,150,313.41 $295,438.77 $24,423.13 $3,470,175.31 $100,812.98  CITY SALES TAXCOLLECTED (3%) USE TAX COLLECTED OTHER COLLECTIONS  (Penalties & Interest, Licenses, A/R's) TOTAL SALES/USE TAX COLLECTIONS VENDOR'S COMMISSION  NOTE: Vendor's commissions are included for information only. Vendors commissions are not collected, therefore; they are not considered revenue.  Vendor's commissions are 3.33% ofs sales tax collected and are deducted by the taxpayer from returns that are filed timely.  CN    SALES/USE TAXI REVENUE COMPARISON BY CATEGORY SALES & USE TAX COLLECTED IN AUGUST: 2024  2022 $15,491.51 $17,686.84 $116,414.37 $25,097.28 $25,546.73 $5,703.12 $26,826.55 $16,124.61 $10,099.00 $85.81 $67,998.93 $40,402.22  2023 $20,003.50 $15,217.51 $138,943.01 $21,066.74 $26,114.69 $5,686.64 $20,955.75 $21,098.36 $10,335.00 $27.00 $69,086.03 $50,516.66  2024 $21,741.26 $18,910.21 $154,136.15 $29,590.61 $33,390.93 $5,693.49 $29,076.66 $20,433.48 $9,911.00 $34.94 $41,050.62 $47,187.52  AUTO PARTSNEHICLE REPAIR BUILDING MATERIALS CLOTHING & SHOESDEPARTMENT STORES CONVENIENCE STORES/GAS STATIONS ALL BUSINESSI ELECTRICITY FURNITUREIAPPLIANCESIELECTRONICS GROCERY STORES HOTELS/MOTELS LIQUOR STORES/DRINKING ESTABLISHMENTS MANUFACTURING OTHER RETAIL/ALL OTHER RESTAURANTS  SALES/USE TAX REVENUE COMPARISON BY CATEGORY  AUGUST 2024  $260,000.00 $250,000.00 $240,000.00 $230,000.00 $220,000.00 $210,000.00 $200,000.00 $190,000.00 $180,000.00 $170,000.00 $160,000.00 $150,000.00 $140,000.00 $130,000.00 $120,000.00 $110,000.00 $100,000.00 $90,000.00 $80,000.00 $70,000.00 $60,000.00 $50,000.00 $40,000.00 $30,000.00 $20,000.00 $10,000.00 $0.00  02022 02023 02024  I    SALES/USE TAXI REVENUE COMPARISON BY CATEGORY SALES & USE TAX COLLECTED JANUARY THROUGH AUGUST 2024  2022 $122,210.65 $151,613.78 $901,451.32 $167,830.55 $195,767.85 $49,595.82 $220,958.15 $112,828.32 $82,448.00 $5,923.60 $749,192.78 $309,968.05  2023 $148,719.53 $145,347.89 $1,004,742.87 $147,739.69 $189,761.37 $65,076.77 $208,480.60 $109,174.58 $87,954.00 $7,745.24 $754,322.60 $348,015.66  2024 $153,711.61 $151,519.48 $1,285,280.39 $221,538.06 $283,921.00 $58,803.40 $219,435.41 $130,830.64 $84,019.00 $11,145.93 $469,370.42 $375,073.66  AUTO PARTSNEHICLE REPAIR BUILDING MATERIALS CLOTHING & SHOES/DEPARTMENT STORES CONVENIENCE STORES/GAS STATIONS ALL BUSINESS! ELECTRICITY FURNITUREIAPPLIANCESIELELECTRONICS GROCERY STORES HOTELS/MOTELS LIQUOR STORES/DRINKING ESTABLISHMENTS MANUFACTURING OTHER RETAIL/ALL OTHER RESTAURANTS  SALES/USE TAXI REVENUE COMPARISON BY CATEGORY JANUARY THROUGH AUGUST 2024  $1,350,000.00 $1,300,000.00 $1,250,000.00 $1,200,000.00 $1,150,000.00 $1,100,000.00 $1,050,000.00 $1,000,000.00 $950,000.00 $900,000.00 $850,000.00 $800,000.00 $750,000.00 $700,000.00 $650,000.00 $600,000.00 $550,000.00 $500,000.00 $450,000.00 $400,000.00 $350,000.00 $300,000.00 $250,000.00 $200,000.00 $150,000.00 $100,000.00 $50,000.00 $0.00  02022 02023 02024  IN      Agenda Item No. Council Date:  3 9/9/2024  CITY ADMINISTRATOR'S REPORT  TO: FROM: DATE:  Mayor & City Council Members Rob Evans, City Administrator September 9, 2024  AF  1. Coffee with Rob: September 18 - McDonald's  September 25 - Pit Stop  2. Projects Update 3. Miscellaneous    Agenda Item No. 1 Council Date: 09/09/2024  LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY  ITEM TITLE: Oath ofOffice for New Police Officer- Steve Sanger  INITIATOR: Police Chief  CITY ADMINISTRATORS REVIEW:  AE  ACTION PROPOSED: Perform Oath ofOffice STAFF INFORMATION SOURCE: AIF Fear-Police Chief  BACKGROUND: Steve Sanger is joining the Lamar Police Department as ai returning experienced police officer. He has joined the police department effective Tuesday, September 3, 2024. He will be doing his field officer training for the 1st week where he will be supervised at all times by a certified Field Training Officer. We would like to take a few minutes to perform the oath of office for our newest addition to the Lamar Police Department,  Officer Steve Sanger.  RECOMMENDATION: Perform the Oath ofOffice for Officer Steve Sanger & allow Mayor to sign    LAMAR POLICE DEPARIMENT  OATH OF OFFICE  I, Steve Sanger  DO SOLEMNLY SWEAR TO UPHOLD THE CONSTITUTION  OF THE UNITED STATES OF AMERICA AND THE STATE OF COLORADO; I WILL FAITHFULLY AND IMPARTIALLY ENFORCE THE LAWS OF THE STATE OF COLORADO AND THE ORDINANCES OF THE CITY OF LAMAR; AND DO FURTHER SWEAR TO DISCHARGE THE DUTIES OF A POLICE OFFICER FOR THE CITY OF LAMAR, COLORADO TO THE BEST OF MY SKILL AND ABILITY. SO HELP  ME GOD.  Administered and signed this 2nd day of September  2024  Member's Signature  Oath administered by:  Mayor  Chief of Police    LAMAR POLICE DEPARIMENT  LAW ENFORCEMENT CODE OF ETHICS  As al Law Enforcement Officer, my fundamental duty is to serve mankind, to safeguard lives and property, to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional Rights of all Iwill keep my private life unsullied as an example to all, maintain courageous calm in the face of danger, scorn, or ridicule, develop self-restraint, and be constantly mindful of the welfare of others. I will be honest in thought and deed in both my personal and official life. I will be exemplary in obeying the laws of the land and the regulations ofmy department. WhateverIsee or hear of a confidential nature or that is confided to me ini my official capacity will be kept ever Iwill never act officiously or permit personal feelings, prejudices, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, while never employing unnecessary force or violence and never accepting gratuities. Irecognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held sO long as I am true to the ethics oft the police service. Iwill constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession... law  people to liberty, equality and justice.  secret unless revelation is necessary in the performance ofmy duty.  enforcement.  Signed this 26th day of August, 2024.  Member's Signature Steve Sanger Member's Printed Name  Witnessed by:    LAMAR POLICE DEPARIMENT  CANONS OF POLICE ETHICS  ARTICLEI  PRIMARY RESPONSIBILITY OF. JOB  The primary responsibility of the police service, and of the individual officer, is the protection of the people of the United States through the upholding of their laws. Chief among these laws is the constitution of the United States and its amendments. The law enforcement officer always represents the whole of the community and its legally expressed will and is never the arm of any  political or clique.  ARTICLEII  LIMITATIONS OF AUTHORITY  The first duty of a law enforcement officer, as upholder of the law, is to know its bounds upon him in enforcing it. Because he represents the legal will of the community, be it local, state, or federal, he/she must be aware of the limitations and proscriptions which the people, through law, have placed upon him/her. He/she must recognize the genius of the American system of government, and he/she must insure that he/she, as prime defender of that system, does not  pervert its character.  ARTICLE. II  DUTYTO: BE FAMILIAR WITH THE LAW. AND WITH RESPONSIBILITIES OF The law enforcement officer shall assiduously apply him/herself to the study of the principles of the laws, which he/she is sworn to uphold. He/she will make certain ofl his/her responsibilities in the particulars of their enforcement, seeking aid from his/her superiors in matters of technicality or principle when these are not clear to him/her, he/she will make special efforts to fully understand his/her relationship to other public officials, including other law enforcement agencies, particularly on matters ofjurisdiction, both geographically, and substantively.  SELF AND OTHER PUBLIC OFFICIALS    ARTICLE IV  UTILIZATION OF PROPER MEANS TO GAIN PROPER ENDS  The law enforcement officer shall be mindful of his/her responsibility to pay strict heed to the selection of means in discharging the duties of his/her office. Violations of law or disregard for public safety and property on the part oft the officer are intrinsically wrong. Violations oft the law are self-defeating in that they instill in the public mind a like disposition. The employment of illegal means, no matter how worthy the end, is certain to encourage disrespect for the law and its officers. Ifthe law is to be honored it must first be honored by those who enforce it.  ARTICLE V  COOPERATION WITH PUBLIC OFFICIALS IN THE DISCHARGE OF THEIR The law enforcement officer shall cooperate fully with other public officials in the discharge of authorized duties, regardless of party affiliation of personal prejudice. He/she shall be meticulous however, in assuring him/herself of the propriety, under law, of such actions and shall guard against the use of his/her office or person, whether knowingly or unknowingly, in any improper or illegal action. In any situation open to question, he/she shall seek authority from his/her superior officer, giving him/her a full report oft the proposed service or action.  AUTHORIZED DUTIES  ARTICLE VI PRIVATE CONDUCT  The law enforcement officer shall be mindful of his/her special identification by the public as an upholder of the law. Laxity of conduct or manner in private life, expressing either disrespect for the law or seeking to gain special privilege, cannot but reflect upon the police officer and the police service. The community and the service require that the law enforcement officer lead the life of a decent and honorable person. Following the career of a police officer gives no person special requisites. It does give the satisfaction and pride of following and furthering an unbroken tradition of safeguarding the American Republic. The officer who reflects upon this tradition will not degrade it. Rather, he/she will SO conduct his/her private life that the public will regard  him/her as an example ofs stability, fidelity and morality.    ARTICLE VII  CONDUCTTOWARD THE PUBLIC  The law enforcement officer, mindful of his/her responsibility to the whole community, shall deal with individuals of the community in a manner calculated to instill respect for its laws and its police service. The law enforcement officer shall conduct his/her official life in a manner such as will inspire confidence and trust. Thus, he/she will be neither over-bearing nor subservient, as no individual citizen has an obligation to stand in awe of him/her nor a right to command him/her. The officer will give service where he/she can, and require compliance with the law. He/she will do neither from personal preference or prejudice, but rather as a duly  appointed officer ofthe law discharging his/her sworn obligation.  ARTICLE VIII  CONDUCT IN ARRESTING AND DEALING WITH LAW VIOLATORS  The law enforcement officer shall use his powers of arrest strictly in accordance with the law and with due regard to the rights of the citizen concerned. His/her office gives no right to prosecute the violator or to mete out punishment for the offense. He/she shall, at all times, have a clear appreciation of his/her responsibilities and limitations regarding detention of the violator. He/she shall conduct him/herself in such a manner as will minimize the possibility of having to use force. To this end, he/she shall cultivate a dedication to the service of the people and the equitable upholding of their laws in the handling of law violators or in dealing with the law-  abiding.  ARTICLE. IX GIFTS AND FAVORS  The law enforcement officer, representing government, bears the heavy responsibility of maintaining, in his/her own conduct, the honor and integrity of all government institutions. He/she shall, therefore, guard against placing him/herself in a position in which any person can expect special consideration or in which the public can reasonably assume that special consideration is being given. Thus, he/she should be firm in refusing gifts, favors, or gratuities, large or small, which can, in the public mind, be interpreted as capable of influencing his/her  judgment in the discharge ofhisher duties.    ARTICLEX  PRESENTATION OF EVIDENCE  The law enforcement officer shall take special pains to increase his/her perception and skill of observation, mindful that in many situations his/hers is the sole impartial testimony to the facts The law enforcement officer shall be concerned equally in the prosecution oft the violator and the defense of the innocent. He/she shall ascertain what constitutes evidence and shall present such evidence impartially and without malice. In sO doing, he/she will ignore social, political and all other distinctions among the persons involved, strengthening the tradition of the reliability and  ofa case.  the integrity of an officer's word.  ARTICLE2 XI  ATTITUDE TOWARD PROFESSION  The law enforcement officer shall regard the discharge of his/her duties as a public trust and recognize his/her responsibility as a public servant. By diligent study and sincere attention to self-improvement, he/she shall strive to make the best possible application of science to the solution of crime and, in the field of human relationships, strive for effective leadership and public influence in matters affecting public safety. He/she shall appreciate the importance and responsibility of his/her office, hold police work to be an honorable profession rendering  valuable service to his/her community and tol his/her country.  Signed this 2nd day of September - 2024.  Member's Signature Steve Sanger Printed Name  Witnessed by:    2  AgendaltemNo. Council Date: 09/09/2024  LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY  ITEMTITLE: Consider. Amending Resolution 17-12-03 Authorizing Payment of$350.0001 Per Year From  the City's General Fund to the Lamar Utilities Board.  INITIATOR: Robert Evans & Kristin Schwartz CITY ADMINISTRATORS REVIEW:  RE  ACTION PROPOSED: Discussion and Amend Resolution 17-12-03  STAFF INFORMATION SOURCE: Robert Evans. Kristin Schwartz. Manuel Tamez  BACKGROUND:  The City ofLamar adopted Resolution 17-12-03 that directed the City Treasurer toi transfer $350,000tothe Lamar Utilities Board which is the amount received from ARPA each year per the Settlement Agreement  approved in November of2017. The purpose was to reduce electric rates.  RECOMMENDATION: Amend Resolution 17-12-03    RESOLUTION! NO. 17-12-03  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAMAR, COLORADO AUTHORIZING THE PAYMENT OF $350,000 PER YEAR FROM THE CITY'S GENERAL FUND TO THE LAMAR UTILITIES BOARD FOR THE PURPOSE OF REDUCING ELECTRIC UTILITY RATES PAID BY LAMAR  LIGHT & POWER CUSTOMERS.  WHEREAS, in November, 2017 the City Council of the City ofLamar, Colorado approved a Settlement Agreement that concluded its litigation against the Arkansas River  Power Authority (ARPA); and  WHEREAS, under the terms of that Settlement Agreement the City of Lamar will receive a payment from ARPA of three hundred fifty thousand and no hundredths  dollars $350,000.00) annually for the next twenty-six (26) years;and  WHEREAS, the Lamar City Council desires that the full amount ofthree hundred fifty thousand dollars ($350,000) be used to reduce the electric utility rates paid NOW, THEREFORE, BEI IT RESOLVED BY THE CITY COUNCIL OF THE that, the Council authorizes the Lamar City Treasurer to transfer to Lamar Light & Power three hundred fifty thousand and no hundredths dollars ($350,000.00) on December 1s, or as soon thereafter as is practicable to do so, ofeach year for the next 26 years contingent upon the City's annual receipt of payments from the Arkansas River Power BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF this annual payment is authorized on the express condition that the Lamar Utilities Board takes whatever action is necessary to ensure that the full three hundred fifty thousand and no hundredths dollars ($350,000) is used to reduce the rate its customers are charged for INTRODUCED, PASSED, AND ADOPTED this 274h day of December, 2017.  by the customers of Lamar Light & Power; CITY OF LAMAR, COLORADO:  Authority; and  LAMAR, COLORADO THAT:  electricity.  CITY OF SEAL TEST: PREGRN Linda Willams, City Clerk  City Council oft the City ofLamar, Colorado  FERA  hk Roger Stagner, Mayor  Axao    Agendal altemNo. 3 Council Date: 09/09/2024  LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY  ITEM TITLE: Contract with Lower Arkansas Valley Area Agency on Aging (LAVAAA)  INITIATOR: Kristin Schwartz. Robert Evans. Tess Camp  CITY ADMINISTRATORS  REVIEW: ATE  ACTION PROPOSED: Approve grant contract with Lower Arkansas Valley Area Agency on Aging for  Lamar Community Resource Center and Senior Center Operations STAFF INFORMATION SOURCE: Kristin Schwartz. Robert Evans  BACKGROUND:  The City ofLamar applied for a grant from the Lower. Arkansas Valley Area Agency on Aging (LAVAAA)to assist in operating the Lamar Community Resource and Senior Center. The City was awarded a grant in the amount of$25,589.00 that requires a 10%1 match from the City in the amount of$2,844. The grant is for State  Fiscal Year 25 which covers July 1, 2024 to June 30, 2025.  RECOMMENDATION: Approve contract withLAVAAA: and allow thel Mayor to sign the grant contract  and required attachments.    lavaaal  August 1, 2024 City of Lamar Robert Evans and Kristin Schwartz 102 E Parmenter St Lamar, CO 81052 Mr. Evans and Ms. Schwartz: Prowers County.  advocacy action answers ona aging Lower Arkansas' Valley Area Agency on Aging 13W3ds Street, Rmi 110 La. Junta, CO 81050 Phone: 719-383-3166 Toll Free: 800-438-3762 FAX:719-383-4607  Attached is a copy of the SFY 2025 contract/s for Older Americans Act (OAA) funding to support senior center operations services in The SFY 2025 allocation is based on a contract received by this agency from the Colorado Department of Human Services. Your SFY 2025 contract will be used to reimburse your expenditures. Your contract does not show any funding amount. Budgets for SFY 2025 Please be aware of all conditions as they are noted within your SFY 2025 Annual Plan/s (Assurance of Compliance and RFP) and Contract. You have been provided with an Excel workbook to submit All fiscal and program performance reports are due to this agency by the 10th day of the month following the month reported to assure prompt reimbursement of expenditures. (Dates are also noted on the Excel Expenditures Reports workbook. Reports for June services will be due the first week of July due to State reporting requirements.) Failure to submit required reports in a complete, accurate form within the above listed time lines will result in no request for reimbursement being processed until such time as Please sign and date the Contract, Indemnification: Addendum (new this year), and the HIPAA Business Associate Addendum. Retain a copy for your files and submit a copy (email, fax, or postal) to this If you have any questions, please call 719-383-4844 or 383-3170.  will be provided via Option Letters.  required reports for reimbursement.  all reporting requirements have been met.  office by September 10, 2024.  Sincerely,  TM Ken Shearer, Director  Lower Arkansas Valley Area Agency on Aging Donna Rohde Digitallys Date: 2024.08.071 signedbyDonnaP 11:33:13. Rohde 06'00 Donna Rohde, Executive Director Otero County Department of Human Services    lavaaal  CONTRACT  advocacy action answerso onaging Lower Arkansas Valley Area Agency on Aging  This contract is made and entered into by and between the named parties. In accordance with the purposes  stated herein, it is hereby agreed as follows: Otero County of Dept. of Human Services Lower Arkansas Valley Area Agency on Aging 13W. 3rd Street, Rm. 110, La Junta, CO 81050  AWARDING AGENCY  CONTRACT NO. CITVLAMAR-STATE25 AWARD TYPE <X> Initial Award <> Revision of Earlier Contract Issued on:  SUBCONTRACTOR City of Lamar  102 E Parmenter St, Lamar, CO 81052  FUNDING SOURCE State  CONTRACT PERIOD July 1, 2024 - June 30, 2025  APPROVED BUDGET FOR CONTRACT PERIOD Budgets will be awarded via Option Letters.  SCOPE OF WORK: In accordance with the provisions of this Contract, the Contractor shall 102 E Parmenter St Annual Plan (Assurance of Compliance and RFP) and Contract (including HIPAA and Indemnification Addendums), Award Letter, and Older Americans Act  perform the duties and responsibilities as detailed in the SFY 2025  Rule Manual Volume 10. APPROVALS  AWARDING AGENCY:  CONTRACTOR:  by Donna Rohde Services  Digitallys signedb by DonnaF Rohde Date: 2024.08.07 11:54:04- -06'00'  by  Donna Rohde, Executive Director Otero County Dept. of Human  Authorized Signature Printed Name Title    Option Letter #25-0724  Contract #:  CIYLAMAR-STATE25  Lower Arkansas Valley Area Agency on Aging  Awarding Agency: Lower Arkansas Valley Area Agency on Aging  Contractor:  City of Lamar 102EParmenter: St Lamar, CO 81052  Contract Performance Beginning Date: Contract Performance Ending Date: Amount Awarded on this Option Letter: Total AAA Funds Awarded on this Contract: Minimum Matching Funds Required: Net Budget Amount*:  July 1, 2024 June 30, 2025 $25,589.00 $25,589.00 $2,844.00 $28,442.00  * Program Income (Donations) will also be reported, but are not required.  Expiration Date of funds awarded on this Option Letter:  June 30, 2025  Please note that award funds not utilized. by the Expiration Date, and requested the following month by the date shown on the Contract, will be reclaimed by LAVAAA. This Option Letter allows you to provide services and request reimbursement under the terms of the Contract up to the maximum amount of the award listed here.  Otero County Department of Human! Services Lower Arkansas Valley Area Agency on Aging Donna Rohde, Executive Director  Digitally signed by Donnal Rohde  Donna Rohde Date:2024.08.07 11:43:02-0600  By: Donna Rohde Effective Date:  7/1/2024    lavaaa  INDEMNIFIFICATION ADDENDUM  advocacyl action! answers ona aging Lower Arkansas Valley Area Agency on Aging  This Indemnification Addendum ("Addendum") is a part of the Contract No/s. CIIVLAMARESTAIE2S between the Lower Arkansas Valley Area Agency on Aging (LAVAAA) and City of Lamar (Subcontractor). for contract year SFY 2025. Unless the context clearly requires a distinction between the Contract document and this Addendum, all references herein to "the Contract" or "this Contract" include this Addendum. Subcontractor shall indemnify, save, and hold harmless the Lower Arkansas Valley Area Agency on Aging LAVAAA)/Otero County, and the State of Colorado, as well as these entities' employees, agents and assignees (the "Indemnified Parties"), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys' fees and related costs) incurred by any of the Indemnified Parties in relation to any act or omission by Subcontractor, or its employees, agents, Subcontractors, or assignees in connection with this Contract. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, C.R.S. $24-10-101, et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as now in  effect or hereafter amended.  Signature of Subcontractor  Date  Colorado SUA Subcontract Template (ndemnification)  Rev.08-2023    lavaaa  HIPAA  BUSINESS ASSOCIATE  doayjationlanswene ona aging Lower Arkansas Valley Area Agency on Aging  ADDENDUM  This Business Associate Addendum ("Addendum") is a part of the Contract No. CITVLAMAR-STAIEZ4 between the Lower Arkansas Valley Area Agency on Aging (LAVAAA) and City of Lamar (Subcontractor). for contract year 2024. For purposes of this Addendum, LAVAAA is referred to as "Covered Entity" or "CE" and the Subcontractor is referred to as "Associate". Unless the context clearly requires a distinction between the Contract document and this Addendum, all references herein to "the  Contract" or "this Contract" include this Addendum.  RECITALS  A. B.  CE wishes to disclose certain information to Associate pursuant to the terms of the Contract, some of which may constitute Protected Health Information ("PHI") CE and Associate intend to protect the privacy and provide for the security of PHI disclosed to Associate pursuant to this Contract in compliance with the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 5 1320d - 1320d-8 ("HIPAA") as amended by the American Recovery and Reinvestment Act of 2009 ("ARRA')/HITECH Act (P.L. 111-005), and its implementing regulations promulgated by the U.S. Department of Health and Human Services, 45 C.F.R. Parts 160, 162and C. As part of the HIPAA Rules, the CE is required to enter into a written contract containing specific requirements with Associate prior to the disclosure of PHI, as set forth in, but not limited to, Title 45, Sections 160.103, 164.502(e) and 164.504(e) of the Code of Federal Regulations ("C.F.R.") and contained in this Addendum.  (defined below).  164 (the "HIPAA Rules") and other applicable laws, as amended.  The parties agree as follows: Definitions. a.  1.  Except as otherwise defined herein, capitalized terms in this Addendum shall  have the definitions set forth in the HIPAA Rules at 45 C.F.R. Parts 160, 162 and 164, as amended. In the event of any conflict between the mandatory provisions of the HIPAA Rules and the provisions of this Contract, the HIPAA Rules shall control. Where the provisions of this Contract differ from those mandated by the HIPAA Rules, but are nonetheless permitted by the HIPAA Rules, the provisions of this Contract shall control.    b. "Protected Health Information" or' "PHI" means any information, whether oral or recorded in any form or medium: (i) that relates to the past, present or future physical or mental condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual; and (ii) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual, and shall have the meaning given to such term under the HIPAA Rules, including, but not limited to, 45 C.F.R. Section 164.501. created received, maintained or transmitted by Associate on CE's behalf. To the extent Associate is a covered entity under HIPAA and creates or obtains its own PHI for treatment, payment and health care operations, Protected Information under this Contract does not include any PHI created or obtained by Associate as a covered entity and Associate shall follow its own policies and procedures for accounting, access and amendment of Associate's function, activity, or service that involves CE's Protected Information, in order to carry out  C.  "Protected Information" shall mean PHI provided by CE to Associate or  PHI. d.  Subcontractor" shall mean a third party to whom Associate delegates a  the responsibilities of this Agreement. Obligations of Associate.  2.  a.  Permitted Uses. Associate shall not use Protected Information except for the  purpose of performing Associate's obligations under this Contract and as permitted under this Addendum. Further, Associate shall not use Protected Information in any manner that would constitute a violation of the HIPAA Rules if so used by CE, except that Associate may use Protected Information: (1) for the proper management and administration of Associate; (i) to carry out the legal responsibilities of Associate; or (iii) for Data Aggregation purposes for the Health Care Operations of CE. Additional provisions, if any, governing permitted uses of Protected Information are set forth in Attachment A to this Addendum. Associate accepts full responsibility for any penalties incurred as a result of Associate's breach of the any manner that would constitute a violation of the HIPAA Rules if disclosed by CE, except that Associate may disclose Protected Information: () in a manner permitted pursuant to this Contract; (ii) for the proper management and administration of Associate; (ili) as required by law; (iv) for Data Aggregation purposes for the Health Care Operations of CE; or (v) to report violations of law to appropriate federal or state authorities, consistent with 45 C.F.R. Section 164.5020)(1). To the extent that Associate discloses Protected Information to a third party Subcontractor, Associate must obtain, prior to making any such disclosure: (i) reasonable assurances through execution of a written agreement with such third party that such Protected Information will be held confidential as provided pursuant to this Addendum and only disclosed as required by law or for the purposes for which it was disclosed to such third party; and that such third party will notify Associate within two (2) business days of any breaches of confidentiality of the Protected Information, to the extent  HIPAA Rules. b.  Permitted Disclosures. Associate shall not disclose Protected Information in    ith has obtained knowledge of such breach. Additional provisions, if any, governing permitted disclosures of Protected Information are set forth in Attachment A.  C.  Appropriate Safequards. Associate shall implement appropriate safeguards as are necessary to prevent the use or disclosure of Protected Information other than as permitted by this Contract. Associate shall comply with the requirements of the HIPAA Security Rule at45 C.F.R. Sections 164.308, 164.310, 164.312, and 164.316. Associate shall maintain a comprehensive written information privacy and security program that includes administrative, technical and physical safeguards appropriate to the size and complexity of the Associate's operations and the nature and scope ofi its activities. Associate shall review, modify, and update documentation of, its safeguards as needed to ensure continued provision of reasonable and appropriate protection of Protected Information.  d. Reporting of Improper Use or Disclosure. Associate shall report to CE in writing any use or disclosure of Protected Information other than as provided for by this Contract within five (5) business days of becoming aware of such use or disclosure. to provide services under the Contract, and such Subcontractors or agents receive or have access to Protected Information, each Subcontractor or agent shall sign an agreement with Associate containing the same provisions as this Addendum and further identifying CE as a third party beneficiary with rights of enforcement and indemnification from such Subcontractors or agents in the event of any violation of such Subcontractor or agent agreement. The Agreement between the Associate and Subcontractor or agent shall ensure that the Subcontractor or agent agrees to at least the same restrictions and conditions that apply to Associate with respect to such Protected Information. Associate shall implement and maintain sanctions against agents and Subcontractors that violate such restrictions and Information contained within CE's Designated Record Set, Associate shall make Protected Information maintained by Associate or its agents or Subcontractors in such Designated Record Sets available to CE for inspection and copying within ten (10) business days of a request by CE to enable CE to fulfill its obligations to permit individual access to PHI under the HIPAA Rules, including, but not limited to, 45 C.F.R. Section 164.524. If such Protected Information is maintained by Associate in an electronic form or format, Associate must make such Protected Information available to CE in a mutually agreed upon electronic form within CE's Designated Record Set, Associate or its agents or Subcontractors shall make such Protected Information available to CE for amendment within ten (10) business days of receipt of a request from CE for an amendment of Protected Information or a record about an individual contained in a Designated Record Set, and shall incorporate any such amendment to enable CE to fulfill its obligations with respect to requests by individuals to amend their PHI under the HIPAA Rules, including, but not limited to, 45 C.F.R. Section 164.526. If any individual requests an amendment of Protected Information directly from  e.  Associate's Agents. If Associate uses one or more Subcontractors or agents  conditions and shall mitigate the effects of any such violation.  f.  Access to Protected Information. If Associate maintains Protected  or format. g.  Amendment of PHI. If Associate maintains Protected Information contained    Associate or its agents or Subcontractors, Associate must notify CE in writing within five (5) business days of receipt of the request. Any denial of amendment of Protected Information maintained by Associate or its agents or Subcontractors shall be the responsibility of CE. within CE's Designated Record Set, Associate and its agents or Subcontractors shall make available to CE within ten (10) business days of notice by CE, the information required to provide an accounting of disclosures to enable CE to fulfill its obligations under the HIPAA Rules, including, but not limited to, 45 C.F.R. Section 164.528. In the event that the request for an accounting is delivered directly to Associate or its agents or Subcontractors, Associate shall within five (5) business days of the receipt of the request forward it to CE in writing. It shall be CE's responsibility to prepare and deliver any such accounting requested. Associate shall not disclose any Protected Information except as set forth in internal practices, books and records relating to the use and disclosure of Protected Information available to the Secretary of the U.S. Department of Health and Human Services (the "Secretary"), in a time and manner designated by the Secretary, for purposes of determining CE's or Associate's compliance with the HIPAA Rules. Associate shall provide to CE a copy of any Protected Information that Associate provides to the Secretary concurrently with providing such Protected Information to the Secretary when the Secretary is investigating CE. Associate shall cooperate with the Secretary if the Secretary undertakes an investigation or compliance review of Associate's policies, procedures or practices to determine whether Associate is complying with the HIPAA Rules, and permit access by the Secretary during normal business hours to its facilities, books, records, accounts, and other sources of information, including Protected Information, that are pertinent to ascertaining request, use and disclose the minimum amount of Protected Information necessary to accomplish the purpose of the request, use or disclosure, in accordance with the Minimum Necessary requirements of the HIPAA Rules including, but not limited to 45 C.F.R. Sections  h.  Accounting Rights. If Associate maintains Protected Information contained  Section 2(b) of this Addendum.  i,  Governmental Access to Records. Associate shall keep records and make its  compliance.  Minimum Necessary. Associate (and its agents or subcontractors) shall only  164.502(b) and 164.514(d).  k. 1.  Data Ownership. Associate acknowledges that Associate has no ownership Retention of Protected Information. Except upon termination of the Contract  rights with respect to the Protected Information.  as provided in Section 4(d) of this Addendum, Associate and its Subcontractors or agents shall retain all Protected Information throughout the term of this Contract and shall continue to maintain the information required under Section 2(h) of this Addendum for a period of six m. Associate's Insurance. Associate shall maintain insurance to cover loss of PHI data and claims based upon alleged violations of privacy rights through improper use or disclosure of PHI. All such policies shall meet or exceed the minimum insurance  (6) years.    requirements of the Contract (e.g., occurrence basis, combined single dollar limits, annual aggregate dollar limits, additional insured status and notice of cancellation). Notice of Privacy Practices, available on CE's external website, to determine any  n. 0.  Notice of Privacy Practices. Associate shall be responsible for reviewing CE's  requirements applicable to Associate per this Contract.  Notification of Breach. During the term of this Contract, Associate shall notify  CE within two (2) business days of any suspected or actual breach of security, intrusion or unauthorized use or disclosure of PHI and/or any actual or suspected use or disclosure of data in violation of any applicable federal or state laws or regulations. Associate shall not initiate notification to affected individuals per the HIPAA Rules without prior notification and approval of CE. Information provided to CE shall include the identification of each individual whose unsecured PHI has been, or is reasonably believed to have been accessed, acquired or disclosed during the breach. Associate shall take (i) prompt corrective action to cure any such deficiencies and (ii) any action pertaining to such unauthorized disclosure required by written request by CE, Associate and its agents or subcontractors shall allow CE to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of Protected Information pursuant to this Addendum for the purpose of determining whether Associate has complied with this Addendum; provided, however, that: (i) Associate and CE shall mutually agree in advance upon the scope, timing and location of such an inspection; and (ii) CE shail protect the confidentiality of all confidential and proprietary information of Associate to which CE has access during the course of such inspection. The fact that CE inspects, or fails to inspect, or has the right to inspect, Associate's facilities, systems, books, records, agreements, policies and procedures does not relieve Associate of its responsibility to comply with this Addendum, nor does CE's (i) failure to detect or (ii) detection, but failure to notify Associate or require Associate's remediation of any unsatisfactory practices, constitute acceptance of such practice or a waiver of CE's enforcement rights under the Contract. appropriate safeguards, including encryption of PHI, to maintain and ensure the confidentiality, integrity and security of Protected Information transmitted pursuant to the Contract, in accordance with the standards and requirements of the HIPAA Rules. of notice by CE of a restriction upon uses or disclosures or request for confidential communications pursuant to 45 C.F.R. Section 164.522, Associate will restrict the use or disclosure of an individual's Protected Information. Associate will not respond directly to an individual's requests to restrict the use or disclosure of Protected Information or to send all communication of Protect Information to an alternate address. Associate will refer such requests to the CE so that the CE can coordinate and prepare a timely response to the  applicable federal and state laws and regulations.  p.  Audits, Inspection and Enforcement. Within ten (10) business days of a  q.  Safeguards During Transmission. Associate shail be responsible for using  T.  Restrictions and Confidential Communications. Within ten (10) business days  requesting individual and provide direction to Associate.  3.  Obligations of CE.    a.  Safeguards During Transmission. CE shall be responsible for using  appropriate safeguards, including encryption of PHI, to maintain and ensure the confidentiality, integrity and security of Protected Information transmitted pursuant to the Contract, in accordance with the standards and requirements of the HIPAA Rules.  b.  Notice of Changes. CE maintains a copy of its Notice of Privacy Practices on  its website. CE shall provide Associate with any changes in, or revocation of, permission to use or disclose Protected Information, to the extent that it may affect Associate's permitted or required uses or disclosures. To the extent that it may affect Associate's permitted use or disclosure of PHI, CE shall notify Associate of any restriction on the use or disclosure of Protected Information that CE has agreed to in accordance with 45 C.F.R. Section 164.522.  4.  Termination. a.  Material Breach. In addition to any other provisions in the Contract regarding  breach, a breach by Associate of any provision of this Addendum, as determined by CE, shall constitute a material breach of this Contract and shall provide grounds for immediate termination of this Contract by CE pursuant to the provisions of the Contract covering termination for cause, if any. If the Contract contains no express provisions regarding termination for cause, the following terms and conditions shall apply:  (1) Default. If Associate refuses or fails to timely perform any of the  provisions of this Contract, CE may notify Associate in writing of the non-performance, and ifnot promptly corrected within the time specified, CE may terminate this Contract. Associate shall continue performance of this Contract to the extent it is not terminated and shall be liable for excess costs incurred in procuring similar goods or services elsewhere. subject to any directions from CE, Associate shall take timely, reasonable and necessary action to protect and preserve property in the possession of Associate in which CE has an accepted by CE shall be at the Contract price. In the event of a material breach under paragraph 4a, CE may withhold amounts due Associate as CE deems necessary to protect CE against loss from third party claims of improper use or disclosure and to reimburse CE for the excess costs incurred in procuring similar goods and services elsewhere. determined, for any reason, that Associate was not in default, or that Associate's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if this Contract had been terminated for convenience, as described in this Contract. practice of Associate that constitutes a material breach or violation of the Associate's obligations under the provisions of this Addendum or another arrangement and does not terminate this Contract pursuant to Section 4(a), then CE shall take reasonable steps to  (2) Associate's Duties. Notwithstanding termination of this Contract, and  interest.  (3) Compensation. Payment for completed supplies delivered and  (4) Erroneous Termination for Default. If after such termination it is  b.  Reasonable Steps to Cure Breach. If CE knows of a pattern of activity or    cure such breach or end such violation.. If CE's efforts to cure such breach or end such violation are unsuccessful, CE shall either (1) terminate the Contract, if feasible or (ii) if termination of this Contract is not feasible, CE shall report Associate's breach or violation to the Secretary of the Department of Health and Human Services. If Associate knows of a pattern of activity or practice of a Subcontractor or agent that constitutes a material breach or violation of the Subcontractor's or agent's obligations under the written agreement between Associate and the Subcontractor or agent, Associate shall take reasonable steps to  cure such breach or end such violation, if feasible.  C.  Judicial or Administrative Proceedings. Either party may terminate the  Contract, effective immediately, if (i) the other party is named as a defendant in a criminal proceeding for a violation of the HIPAA Rules or other security or privacy laws or (ii) a finding or stipulation that the other party has violated any standard or requirement of the HIPAA Rules or other security or privacy laws is made in any administrative or civil  proceeding in which the party has been joined.  d.  Effect of Termination.  (1) Except as provided in paragraph (2) of this subsection, upon  termination of this Contract, for any reason, Associate shall return or destroy all Protected Information that Associate or its agents or Subcontractors still maintain in any form, and shall retain no copies of such Protected Information. If Associate elects to destroy the PHI, Associate shall certify in writing to CE that such PHI has been destroyed. Information is not feasible, Associate shall promptly provide CE notice of the conditions making return or destruction infeasible. Associate shall continue to extend the protections of Sections 2(a), 2(b), 2(c), 2(d) and 2(e) of this Addendum to such Protected Information, and shall limit further use of such PHI to those purposes that make the return or destruction Injunctive Relief. CE shall have the right to injunctive and other equitable and legal relief against Associate or any of its Subcontractors or agents in the event of any use or disclosure of Protected Information in violation of this Contract or applicable law. 6. No Waiver of Immunity. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now in effect Limitation of Liability. Any limitation of Associate's liability in the Contract shall be Disclaimer. CE makes no warranty or representation that compliance by Associate with this Contractor the HIPAA Rules will be adequate or satisfactory for Associate's own purposes. Associate is solely responsible for ail decisions made by Associate regarding the  (2) If Associate believes that returning or destroying the Protected  of such PHI infeasible.  5.  or hereafter amended.  7. 8.  inapplicable to the terms and conditions of this Addendum.  safeguarding of PHI.    9.  Certification. To the extent that CE determines an examination is necessary in order to comply with CE's legal obligations pursuant to the HIPAA Rules relating to certification of its security practices, CE or its authorized agents or contractors, may, at CE's expense, examine Associate's facilities, systems, procedures and records as may be necessary for such agents or contractors to certify to CE the extent to which Associate's security  safeguards comply with the HIPAA Rules or this Addendum.  10. Amendment. a.  Amendment to Comply withLaw. The parties acknowledge that state and  federal laws relating to data security and privacy are rapidly evolving and that amendment of this Addendum may be required to provide for procedures to ensure compliance with such developments. The parties specifically agree to take such action as is necessary to implement the standards and requirements of the HIPAA Rules and other applicable laws relating to the confidentiality, integrity, availability and security of PHI. The parties understand and agree that CE must receive satisfactory written assurance from Associate that Associate will adequately safeguard all Protected Information and that it is Associate's responsibility to receive satisfactory written assurances from Associate's Subcontractors and agents. Upon the request of either party, the other party agrees to promptly enter into negotiations concerning the terms of an amendment to this Addendum embodying written assurances consistent with the standards and requirements of the HIPAA Rules or other applicable laws. CE may terminate this Contract upon thirty (30) days written notice in the event (i) Associate does not promptly enter into negotiations to amend this Contract when requested by CE pursuant to this Section, or (ii) Associate does not enter into an amendment to this Contract providing assurances regarding the safeguarding of PHI that CE, in its sole discretion, deems sufficient to satisfy the standards and requirements of the mutual agreement of the parties in writing from time to time without formal amendment of 11. Assistance in Litigation or Administrative Proceedings. Associate shall make itself, and any Subcontractors, employees or agents assisting Associate in the performance of its obligations under the Contract, available to CE, at no cost to CE up to a maximum of 30 hours, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings being commenced against CE, its directors, officers or employees based upon a claimed violation of the HIPAA Rules or other laws relating to security and privacy or PHI, except where Associate or its Subcontractor, employee or agent is a named adverse party. 12. No Third Party Beneficiaries. Nothing express or implied in this Contract is intended to confer, nor shall anything herein confer, upon any person other than CE, Associate and their respective successors or assigns, any rights, remedies, obligations or liabilities 13. Interpretation and Order of Precedence. The provisions of this Addendum shall prevail over any provisions in the Contract that may conflict or appear inconsistent with any provision in this Addendum. Together, the Contract and this Addendum shall be interpreted  HIPAA Rules. b. this Addendum.  Amendment of Attachment A. Attachment A may be modified or amended by  whatsoever.    as broadly as necessary to implement and comply with the HIPAA Rules. The parties agree that any ambiguity in this Contract shall be resolved in favor of a meaning that complies and is consistent with the HIPAA Rules. This Contract supersedes and replaces any previous 14. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, Associate's obligations under Section 4(d) ("Effect of Termination") and Section 12 ("No Third Party Beneficiaries") shall survive termination of this Contract and shall be enforceable by CE as provided herein in the event of such failure to perform or comply by the Associate. This Addendum shall remain in effect during the term of the Contract including any  separately executed HIPAA addendum between the parties.  extensions.  15. Representatives and Notice.  a.  Representatives. For the purpose of the Contract, the individuals identified  elsewhere in this Contract shall be the representatives of the respective parties. If no representatives. are identified in the Contract, the individuals listed below are hereby designated as the parties' respective representatives for purposes of this Contract. Either party may from time to time designate in writing new or substitute representatives. given by certified or registered mail to the representatives at the addresses set forth below.  b.  Notices. All required notices shall be in writing and shall be hand delivered or  Covered Entity Representative Contact: Jim Collins, Director of LAVAAA  Name: Lower Arkansas Valley Area Agency on Aging (LAVAAA) Department and Division: Otero County Dept. of Human Services Address: 13W. 3rd_St, Room 110, La Junta, CO 81050 Contractor/Business Associate Representative Contact: Robert Evans and Kristin Schwartz Address: 102 E Parmenter St, Lamar, CO 81052  Name: City of Lamar    ATTACHMENT A  This Attachment sets forth additional terms to the HIPAA Business Associate Addendum, which is part of Contract No. CITVLAMARSTAIE74, between LAVAAAand City of Lamar, contract year SFY 2024 and is effective on the date signed. This Attachment may be amended from time to time as provided in Section 10(b) of the 1. Additional Permitted Uses. In addition to those purposes set forth in Section 2(a) of  Addendum.  the Addendum, Associate may use Protected Information as follows:  2.  Additional Permitted Disclosures. In addition to those purposes set forth in Section 2(b) of the Addendum, Associate may disciose Protected Information as follows:  3.  Subcontractor(s). The parties acknowledge that the following subcontractors or agents of Associate shall receive Protected Information in the course of assisting Associate  in the performance of its obligations under this Contract:  4.  Receipt. Associate's receipt of Protected Information pursuant to this Contract shall be deemed to occur as follows, and Associate's obligations under the Addendum shall  commence with respect to such PHI upon such receipt:    5.  Additional Restrictions on Use of Data. CEis a Business Associate of certain other Covered Entities and, pursuant to such obligations of CE, Associate shall comply with the following restrictions on the use and disclosure of Protected Information:  6.  Additional Terms. [This section may include specifications for disclosure format, method of transmission, use of an intermediary, use of digital signatures or PKI, authentication, additional security of privacy specifications, de-identification orre-  identification of data and other additional terms.]  Signature of Subcontractor  Date  Colorado Model BA Provision and Addendum For New or Amended Contracts Rev. May 2013    Agenda/temNo. 4 Council Date: 09/09/2024  LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY  ITEM TITLE: Permission to Pursue the Motorola Grant Program INITIATOR: Kristin Schwartz. Tess Camp. Chief Fear  CITY ADMINISTRATORS  REVIEW: ZE  ACTION PROPOSED: Authorize staff to Pursue for funding for the Police Department STAFF INFORMATION SOURCE: Kristin Schwartz. Robert Evans. Tess Camp. Chief] Fear  BACKGROUND:  ChiefFear has identified ai need for new in car radios and dashcams. Staffis asking for permission toj pursue funding through a grant offered by Motorola. We have reached out to schedule a meeting to get details on the next steps including what kind of ai match they require. We are looking at dashcams costing approximately $102,429 and radios at approximately $105,188. This is something that we will include in the 2025-2 201 fund.  RECOMMENDATION: Authorize staff toj pursue Motorola grants.    QUOTE-2743026  MOTOROLA SOLUTIONS  08/07/2024  LAMAR POLICE DEPT 505SMAINS ST LAMAR, CO81052  RE: Motorola Quote for LAMAR PD APX6500 (DASH-20)  Dear Chief AIF Fear,  Motorola Solutions is pleased to present LAMAR POLICE DEPT with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your This information is provided to assist youi in your evaluation process. Our goal is to provide LAMAR POLICE DEPT with the best products and services available in the communications industry. Please direct any questions We thank you for the opportunity to provide you with premier communications and look forward toy your review and  requirements and propose a solution to best fulfill your communications needs.  to Colin' Watts at Colin.Wats@motorolasolutions.com.  feedback regarding this quote.  Sincerely,  Colin Watts    MOTOROLA SOLUTIONS  QUOTE-2743026  LAMAR PD. APX6500 (DASH-20)  Billing Address: LAMAR POLICE DEPT 5055 SMAINS ST LAMAR, CO 81052 US  Quote Date:08/07/2024 Expiration Date:11/05/2024 Quote Created By: Colin Watts Colin.Watts@ motorolasolutionscom End Customer: LAMARI POLICE DEPT Chief Al Fear  Line#  Item Number  Description APX6500 ENHANCED 7/800 MHZI MOBILE ENH:SMARIZONE OPERATION. APX6500 ENH: 3YEAR ESSENTIAL. SVC 20 ADD:AUXILIARY SPKR7.5 WATT APX ADD:A APX CONTROL HEAD SOFTWARE ADD:A ANT1/4 WAVE 762-870MHZ ENH: ASTRO DIGITAL CAIOP 20 APX ADD: APX E5 CONTROL HEAD 20 ADD: STD PALM MICROPHONE. APX ADD: BASELINE RELEASE: SW 20 ADD: ADP ONLY (NON-P25 CAP COMPLIANT) (US ONLY) ENH: P25 TRUNKING SOFTWARE APX ADD: HWI KEY: SUPPLEMENTAL 20 DATA* ADD: NOI BLUETOOTH! WIFI/GPS ANTENNA NEEDED  Qty 20 20 20 20 20  ListPrice $3,383.12 $1,320.00 $288.00 $66.00 $0.00 $15.00 $567.00 $717.00 $79.00 $0.00 $0.00 $330.00 $6.00 $0.00  Salel Price Ext.SalePrice: $2,469.68 $963.60 $288.00 $48.18 $0.00 $10.95 $413.91 $523.41 $57.67 $0.00 $0.00 $240.90 $4.38 $0.00  APXTM 6500 /E Enh Series ENHANCEDAPX6500  1 M25URS9PW1BN 1a G51AU 1b G78AT 1c B18CR 1d G444AH 1e G335AW 1f G806BL 19 GA01670AA 1h W22BA 1i QA09113AB 1j G193AK 1k G361AH 11 QA01648AA 1m GA01606AA  $49,393.60 $19,272.00 $5,760.00 $963.60 $0.00 $219.00 $8,278.20 $10,468.20 $1,153.40 $0.00 $0.00 $4,818.00 $87.60 $0.00  20 20 20  20  salest transaction following! Motorola's quote isb basedo on ands subject tot thet terms andc conditions oft thes valida and executedy written contract between Customer andN Motorola (the MEEST Agreement thata authorizes Customert top purchase equipment and/ors services or licenses software (collectively" "Products" . /no Underlying/ Agreement exists berween Motorolaa and Customer. then Motorola'ss Standard ferms of Use andi Motorola's Standard Terms and Conditions ofs Sales ands Supply shallg govern thep purchase oft theF Products.  Motorola Solutions, Inc: 500V West Monroe, Uniteds States- 60661- -#:3 36-1115800  Page 2    QUOTE-2743026  MOTOROLA SOLUTIONS  LAMAR PD APX6500 (DASH-20)  Line# 1n G66BJ Grand Total  ItemNumber  Description ADD: DASH MOUNT E5 APXM 20  Qty  ListPrice $138.00  Salel Price Ext.SalePrice $100.74 5102,428.40(USD)  $2,014.80  Notes:  Additional information is required for one or more items on the quote for an order.  Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and Services Tax, sales tax, Value Added' Tax and other taxes of a similar nature). Any tax the customer is subject to will be  added to invoices.  salest transaction! following! Motorola's quote is basedo an ands subject tot thet terms ando conditions of thevalida ande executedy written contractt ). between Customer and Motorola between (the A3SES Agreement" ) that authorizes Customer to purchase equipment and/ors services or licenses software (çollectively "Products" lno Underlying Agreement existst  Motorola and Custamer, then  Standard Termso of Usea and Motorola's Standard verms and  ofs Sales and Supplys shallg governt thep purchaseoft theP Products.  Motorola! Solutions, Inc: 500V WestN Monroe, United States- 60661- -#:36-1115800  Page 3    MOTOROLA SOLUTIONS  QUOTE-2743015  08/07/2024  LAMAR POLICE DEPT 5055 S MAIN ST LAMAR, CO 81052  RE: Motorola Quote for LAMAR PD. APX6500 REMOTE-20)  Dear Chief AIF Fear,  Motorola Solutions is pleased to present LAMAR POLICE DEPT with this quote for quality communications equipment and services. The development oft this quote provided us the opportunity to evaluate your This information is provided to assist you in your evaluation process. Our goali is to provide LAMAR POLICE DEPT with the best products and services available in the communications industry. Please direct any questions We thank you for the opportunity to provide you with premier communications and look forward to your review and  requirements and propose a solution to best fulfill your communications needs.  to Colin Watts at Coln.Wats@motorolasolutions.com.  feedbacki regarding this quote.  Sincerely,  Colin Watts    MOTOROLA SOLUTIONS  QUOTE-2743015  LAMAR PD APX6500 (REMOTE-20)  Billing Address: LAMAR POLICE DEPT 505 SI MAINS ST LAMAR, CO81052 US  Quote Date:08/07/2024 Expiration Date:11/05/2024 Quote Created By: Colin Watts Colin.Watts@ motorolasolutions.com End Customer: LAMAR POLICE DEPT Chief Al Fear  Line#  Item Number  Description APX6500 ENHANCED 7/800 MHZI MOBILE ENH: SMARTZONE OPERATION APX6500 ENH:3YEAR ESSENTIAL. SVC 20 ADD: AUXILIARY SPKR7.5 WATT APX ADD: APX CONTROL HEAD SOFTWARE ADD: ANT1 1/4) WAVE 762-870MHZ ENH: ASTRO DIGITAL CAIOP 20 APX ADD: APX E5 CONTROLHEAD 20 ADD:STD PALM MICROPHONE, APX ADD: BASELINE RELEASES SW 20 ADD: ADP ONLY (NON-P25 CAP COMPLIANT) (US ONLY) ENH: P25 TRUNKING SOFTWARE APX ADD: HWI KEY SUPPLEMENTAL 20 DATA* ADD: NO BLUETOOTH/ WIFI/GPS ANTENNA NEEDED  Ory 20 20 20 20 20  ListPrice $3,383.12 $1,320.00 $288.00 $66.00 $0.00 $15.00 $567.00 $717.00 $79.00 $0.00 $0.00 $330.00 $6.00 $0.00  SalePrice Ext Sale Price $2,469.68 $963.60 $288.00 $48.18 $0.00 $10.95 $413.91 $523.41 $57.67 $0.00 $0.00 $240.90 $4.38 $0.00  APXM 6500 /Enh Series ENHANCEDAPX6500  1 M25URS9PW1BN 1a G51AU 1b G78AT 1c B18CR 1d G444AH 1e G335AW 1f G806BL 1g GA01670AA 1h W22BA 11 QA09113AB 1j G193AK 1k G361AH 11 QA01648AA 1m GA01606AA  $49,393.60 $19,272.00 $5,760.00 $963.60 $0.00 $219.00 $8,278.20 $10,468.20 $1,153.40 $0.00 $0.00 $4,818.00 $87.60 $0.00  20 20 20  20  salest transaction following! Motorola's quote isb based on ands subject tot thet terms and conditions oft thev valid ande executed. written contract between Customer andN Motorola (the 3357 Agreement" thata authorizes Custamer toy purchase equipment and/or services or license sofrware (collectively. Products" lfno Underlying Agreemente exists! berween  Motorolaa and Customer, then  Terms oft Use and Motorola'ss Standard Terms and Conditions ofs Sales and Supplys shallg governt thep purchase aftheF Products.  Motorola! Solutions, Inc: 500V West Monroe. United States- 60661- -#:3 36-1115800  Page 2    MOTOROLA SOLUTIONS  QUOTE-2743015  LAMAR PD. APX6500 (REMOTE-20)  Line # 1n G67DT Grand Total  Item:Number  Description ADD: REMOTE MOUNT E5 APXM  Qty 20  ListPrice $327.00  SaleP Price Ext. SalePrice $238.71 $105,187,80(USD)  $4,774.20  Notes:  Additional information is required for one or more items on the quote for an order.  Unless otherwise noted, this quote excludes sales tax or other applicable taxes (such as Goods and Services Tax, sales tax, Value Added Tax and other taxes of as similar nature). Any tax the customer is subject to will be  added to invoices.  Anys salest transactionf following Motorola's quotei isb based on ands subjectt tot thet termsa and conditions ofthevalid ands executed. written contract between Customer and! Motorola (the  Underlying/ Agreement ) that Motorola and Customer, then Motorola's  Customer to purchase eguipmenta and/ors services or licenses software (collectively" "Products ). Ino Underlyinga Agreement exists between Terms of Use andN Motorola's Standardi Terms and Conditions ofs Sales ands Supply; shalls govern thep purchase ofthe Products  Motorola! Solutions, Inc: 500V West Monroe, Unlteds States- 60661- -#: 36-1115800  Page 3    Agendal ItemNo. Council Date: 09/09/2024  LAMAR CITY COUNCIL AGENDA. ITEM COMMENTARY  ITEM TITLE: Permission to Apply for the Edward Byrne Memorial Justice Assistance Grant  INITIATOR: Kristin Schwartz. Tess Camp. Chief Fear  CITY ADMINISTRATORS  REVIEW:  ACTION PROPOSED: Authorize stafft to Apply for funding for the Police Department STAFF INFORMATION SOURCE: Kristin Schwartz, Robert Evans. Tess Camp. Chief Fear  BACKGROUND:  With this solicitation, the Bureau of Justice Assistance (BJA) seeks applications for formula funding to, in general, provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice or civil proceedings to states to support a range of program areas, including the following: Law enforcement programs, Prosecution and court programs, Prevention and education programs, Corrections and community corrections programs, Drug treatment and enforcement programs, Planning, evaluation, and technology improvement programs, Crime victim and witness programs (other than compensation), Mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams, and Implementation of state crisis intervention court proceedings and related programs or initiatives, including but not limited to mental health courts, drug courts, veterans courts, and extreme risk protection order programs. Our intent is to purchase body cameras. We will  apply for $90,000. There is not ai required match.  RECOMMENDATION: Authorize stafftoapply for thel Edwardl Byme memorial Justice. Assistance Grant  (JAG)    OMB Number: 4040-0004 Expiration Date: 11/30/2025  Application for Federal Assistance SF-424  1.Type. ofs Submission: Preapplication Application Changed/Corrected. Application 3. Date Reçeived: Completed by Grants.g gov upons submission, 5a. Federal Entityl Identifier: State Use Only: 6. Date Received by State: 8.A APPLICANT INFORMATION: "a. Legal Name:  *2.T Typec ofA Application: "IfRevision, select appropriate letter(s):  New Continuation Revision 4.Appliçant Identifier:  Other (Specify):  5b. Federal Award Identifier:  7.State Application Identifier:  *b. EmployerfTaxpayer Identificalion! Number (EIN/TIN):  *c.UE): YWEZC1W5HCN3  d. Address: Street1: Street2: City: County/Parish: State: Province: Country: *Zip/Postal Code: e. Organizational Unit: Department Name:  USA: UNITED STATES  Division Name:  f. Name and contact information of persont tol be contacted on matters involving this application:  Prefix: Middle Name: Last Name: Suffix: Title: Organizational Affiliation: Telephone Number: Email:  *First Name:  Fax Number:  PREVIEW Date: Sep 03, 2024  Workspace ID: WS01409619 Funding Opportunity Number: 0-BJA-2024-172238    Application for Federal Assistance SF-424 *9.1 Type of Applicant 1: Select Applicant Type: Type of Applicant 2: Selecl Applicant Type: Type of Applicant 3: Select Applicant Type:  'Other (specify):  10. Name ofF Federal Agency: Bureau of Justice Assistance 11.Catalog of Federal Domestic Assistance Number:  16.738 CFDATitle:  Edward Byrne Memorial Justice Assistance Grant Program  *12.Funding Opportunity Number: -BJA-2024-172238 Title:  BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program- State Solicitation  13.0 Competition Identification Number:  Title:  14.A Areas Affected by Project (Cities, Counties, States, etc.):  Add Attachment Delete Attachment View Attachment  *15. Descriptive Title of Applicant's Project:  Attachs supporting documents as specified ina agency instructions. Add Attachments Delete Attachments View Attachments  PREVIEW Date: Sep 03, 2024  Workspace ID: WS01409619 Funding Opportunity Number: 0-BJA-2024-172238    Application for Federal Assistance SF-424 16. Congressional Districts Of: *a.A Applicant  *b. Program/Project  Attach ana additional listo of Program/Project Congressional Districtsi ifneeded.  Add Attachment Delete Attachment View Attachment  17.F Proposed Project: *a. Start Date: 18. Estimated Funding ($): "a. Federal "b.A Applicant *c. State *d. Local *e. Other *f. Program Income *g. TOTAL  *b.EndDate:  19.IsA Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made availablet tot the State under the Executive Order 12372 Process for review on b.F Programi is subject to E.O. 12372 but has not been selected byt the State for review. 20. Ist the Applicant Delinquent On AnyF Federal Debt? (IF"Yes," provide explanation In attachment.)  C.F Program is not covered by E.O. 12372.  Yes  No  "Yes",provide explanation and attach  Add Attachment Delete Attachment View Attachment  21. *Bys signing this application, certify (1) to the statements contained in the list of certifications" and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms iflaccept: an award.I lam aware that any false, fictitious, or1 fraudulent statements or claims may * The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency  subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001)  "I IAGREE specifici instructions. Authorized Representative: Prefix: Middle Name: "Last Name: Suffix: Title: Telephone Number: Email:  First Name:  Fax Number:  Signature ofA Authorized Representative: Completed by Grants. gov upons submission. *Date Signed: Completed by Grants. gov upons submission.  PREVIEW Date: Sep 03, 2024  Workspace ID: WS01409619 Funding opportunity Number: 0-BJA-2024-172238    WRAP  Lamar Police Department (CO)  Lamar Police Department (CO) 505 South! Main Street Lamar,CO81052 UnitedStates AIFear eareclamarcous 719-688-3624  Reference: 2024071-1346222 Quote created:July 11,2024 Quote expires: October 9, 2024 Quote created! byJake Carison  Sales Manager jcarlison@wiap.com +17632264207  Comments from Jake Carlson  Item & Description Items due now  Quantity  Unit Price  Total  X2 64GB Body Worn Camera Kit with GPS X2 Single Camera Charging/Uploading: Station  20 20 20 20 20  $389.00 $30,00 $8.00 $49.99 560.00/year  $7,780.00 $600,00 $160.00 $999.80 $1.200.00/year fotisyears $395.00/year forsyears  X2 USB Transfer Cable  X2-BWCI MOLLE Hard Case Camera Mount Annual Extended Warranty (Camera /Year) Enterprise Sharing License -1 per Agency  $395.00 /year  Booy CAMERAS    Purchase terms Net30  Tax Exempt Certificate ifapplicable required prior to shipment. Ifr not provided tax willl be applied to the Client shallf furnish to Wrap, upon the latter's request, written evidence from. such governmental authorities of all such licenses, permits, clearances, authorizations, approvals, registrations, and These items are controlled byt the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate cansignee or enduser(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other thant the authorized ultimate consignee or end-user(s), either int their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized  invoice. recordings.  by U.S. law and regulations.  Signature  Signature  Date  Printed name  Questions? Contact me  Jake Carison Sales Manager carlson@wrap.com +17632264207 Wrap Technologies, Inc. 1817 West 4th Street Tempe, AZ 85281 United States    WRAP Customer: Lamar Police Department Lamar  July12,2024  Wrap Solutions Purchase Agreement [ForE BolaWrap, Body Worn Camera and Wrap Reality Bundles)  This Bundle Purchase Agreement (this" "Agreement"), dated asoft thec datel laste executed below ("Effectivel Date"), isby and between Wrap Technologies, Inc., aDelaware corporation, with itsp principal place of business at1 1817W4 4Street, Tempe, AZ85281 (the' "Company", andt thep party the executing this Agreement ont thes signature page below, withi itsp principal place ofbusiness att the address indicatedo ons saids signature page ("Customer"). NOW, THEREFORE, for consideration, the sufficiency of which is hereby acknowledged, and in consideration oft thec covenants anda agreements 1.SALE. The Company agrees tos sellt to Customer, and Customer agreest tol buyf from the Company, the (a)H hardware, equipment, tangible accessories and devices (individually and collectively, the "Purchased Hardware"l: and (b) licensesa and services (individually, a" "Purchased Service", and collectively, the "Purchased Services"). aila asi identif ified: andi electedi int thec quote attached hereto as Appendix Il andi incorporated! herein by reference (the" "Quote"), subject tot thet terms ando conditions herein. TheF Purchased Hardware and Purchased Services arei individually referred to herein as, a "Purchased! Item" and collectively as, the" Purchased Items". Any Purchased Items noti included as partofab bundlei in the Quote arei individuallyr referredtoh herein as, a' "Separate 2.TERM. Thet term oft this Agreement shall commence ont theE Effective Date ande expire ont thec date that is thef fifth anniversarys of thel Initial Shipment Date a.A Asp part considerationt fort the Purchased Items, Customers shall pay to the Company thef finala amounti identifiedi in the Quote, which amount shall be fuily earned ont theE Effective Date and paidi in Uniteds States dollars (the' "Purchase Price") The Purchase Pricei ise exclusive of alls sales, use, ande excise taxes, and anyo other similart taxes, duties, ando charges ofa any kindi imposed bya any governmental. authoritys ona any: amounts payable by Customer, for which Customer shall beara and ber responsible. Customer shall beara and ber responsible fora alls such duties, charges. costs, andt taxes associated witht the Purchased! Items and thep purchase thereof andp payment therefor, including butr notl limited toa any duties andt taxes thata arise asa ar result of Customer fallingt top provide the Company withy valid ord correct tax-e exempto documentation; provided, that, Customer shalir noth ber responsiblef fora any taxes imposed on, orv withr respect to, the Company's income, revenues, gross receipts, personal or realp property, ord other assets. Customers shall pay thei Purchase Pricein fully withouta any b. Fors sol long as Customeri isnotir inc defaultH hereunder, Customer shall payt theP Purchase Pricei inf five (5) equali installments, with thef firsti installment payable notl later than 300 days followingt the date oft thei initial shipment ofa any parto of the Purchased Hardware (the' "Initial Shipment Date"), and thereafter: ani installment payments shall bep payable ons eachs subsequent: anniversary of such date until the Purchase Priceisp paidi in full; except that any portiono oft the Purchase Pricea allocated tos Separatel Items anda alls shipping charges shallb bec due andp payable inf full as part ofthel Initial Shipment Invaice (as definedt below). The Companyy willl invoice Customerf fort the firsti installment payment confirmingt the Initials Shipment Date ("Initial Shipmenti invoice". All payments shalit ber madei in United State dollars and by ACH, bank wire or check delivered to the accounts orl locationsi identified by the Companyi in writing from time-t to-time. Thep partiesa agree thata allp payment obligations ofc Customer int this Agreement: are non- cancelable. C. Notwithstanding anything to thec contrary! herein, int thes event Customer becomesi in default of this Agreement, then (it the entire Purchase Price shall becomei immediately due and payable and (i)t the Purchase Prices shall bei increased to the amount equal tot thei Manufacturer: Suggested Retail Price (MSRP) asoft thel Initials Shipment Datef fora allo ofther Purchased Items. Fort the avoidance of doubt, Customer acknowledges! thati its continuing compliance with this Agreement constitutes materialo consideration to the Company fora any discounts andi installment payment terms agreed taji in this Agreement. d. Customer shall payi interest on alll late payments att thel lesser oft ther rate of1 1.5%; perr month: andt the highest ratep permissible under applicable law, calculated daily and compounded monthly. Customer: shall reimburse the Company fora allo costs incurredi inc collecting any! late payments, including, without limitation, attorneys' fees. Customer may notv withhold payment ofa any amounts due and payable! hereunder by reason of anys set-off of any claimor 4.5HPPNG.ustomer: shall bear and ber responsiblet fora alis shipping costs relatedtot thep Purchased Hardware. Purchased Hardware shall bec deliveredt to Customer by the Company'ss standardr methods ofp packaging and shipping. Unless other timing iss specified herein for shipment ofa any Purchased Hardware, the Companys shall user reasonable effortst tos shipt the Purchased! Hardware within oner month oft the Effective Date ands shall not be responsible fora any delayi ins shipment sol long: ast thec duty int this sentencei is satisfiedb by the Company. The Company shallr not ber required to deliver the Purchased Hardwarei in ones shipmênt andr may deliver suchi items ato different times andir inp partials shipments ands shipments from multiple locations at the Company's sole discretion. Alls shipping chargesi incurred (or tobei incurred) byt the Company ford delivering the PurchasedH Hardware will beb billedt to Customer asp partof thel Initials Shipment Invoice andr may bet basedo one estimates. Titlea and risko ofl lossf fore each Purchased Hardware shall passt to, ands such risks shall beb borne solely by, Customer upont the Company delivering suchi itemt tot thec common orf freighto carrier fors shipping to Customer. Customer shall bear andbe responsiblef fora anyl losso or damage to any PurchasedH Hardware during shipment. Companyv wills shipa allP Purchasedi Hardware to Customer's address identifiedo ont the  herein, thep parties! hereto: agree asf follows:  Item" ando collectively: as, the' "Separate! Items".  (as definedib below), unless terminated earlier pursuantt tot thet terms herein.  3.PRICE; PAYMENT.  adjustments, setoffs, deductions, retainage or withholding.  dispute with the Company, whether relatingt tot the Company's breach, bankruptcy, ord otherwise.  Quote.  5.NO TRANSFER. Customer shall not sell, transfer, assign or grant any interest in any oft theP Purchasedi tems.    WRAP  Wrap Solutions Purchase Agreement [For BolaWrap, Body Worn Camera and' Wrap Reality Bundles)  b. Customer shalle ensure, on an annual basis, thata all personnel utilizing BolaWrapo devices undergot trainingo ont theu uset thereof byac certified BolaWrap B.NOR RETURNS.Alls sales aref finala andr nor refunds ore exchanges area allowed witht thee exception of warranty exchanges under Section 170 ora aso otherwise 9.PLAN UPGRADES. Thep parties mayr mutually agree tor modify this Agreement tou upgrade plans, features, and pricing based ona separately executed a. Ther most recent version oft the Company/sterms ofu use, terms ando conditions, privacy policies, user manuals, product documentation: and licenses can bef founda at [https://wrap. com/stellcollective,: asa amendedo or updatedf fromt time-to-t time, the' "Product information"). Customer acknowledges and acceptst thatt the Companyh has and willo continue to update the Product Information fromt time-to-time: att the Company's sole discretion. Customers shall periodically (not less than monthly)a access andr review, andc disseminatet toi itsp personnel forr review, all Producti Information relatedt to the Purchased Items, asa amended orr modified fromt time to-t time, then posted on! Ihtps/wrapcom/st). Customer shalle ensure thatit ita andi itsp personnel accessing oru using the Purchased! Items comply witht thet terms oft the Producti information: applicable tot the Purchased Items. Customer acknowledges and agreest thatp posting on such websitei ist thec only form ofr notice Customer willr receive regarding amendments and updatest tol Product Information, andt thats such noticei is sufficient. b. Ther most current warnings far Purchased Hardware arel located atthe following website: https/wrap.comiste.,. Customer acknowledges thatt the warnings may bey updatedf fromt time-to-time att the Company's soles discretion. Customer isresponsiblef for accessing andr reviewing any updated warnings ando disseminating themt to itsp personnel forr review. Customer acknowiedges: and agrees thatp posting ons suchv websitei ist thec only form ofn notice Customer 11. PRODUCTISERVICEI DESIGN CHANGES. Notwithstanding anythingt tot thec contraryi ini this Agreement, the Company may, fromt time-t to-t time, ()make changest too ort modifyt thed designo ofa anyo oft the Company's productso or services and (i)r replace end-of-life; products or services with ther next generation of that product ors service, ally without consento of orr notifying Customer, including any productsars services that Customer has purchasedor; previously received hereunder. Customer! hereby acknowledges: anda agreest thata anys such changes, modificatians orr replacements may ber made at! the Company/ssole discretion, and thea acto ofr making sucho changes, modifications orr replacements! shall nota affectt this Agreement ort the Company's rights orb benefitsor Customer's obligations hereunder providedt that, nos sucho changes, modifications orr replacements shallr materially: affect ther nature ofa any productor 12, BOLAWRAP CASSETTE PROGRAMS. fthe BolaWrap Essential bundlei is elected in the Quote: andp part oft the Purchased! items, then Customer will receivef fort the" "Cassettes- (6A Annually)" item ()i initially, six BoiaWrap 1500 cassettes (two cassettes to be used fori initialt training) and( () six BolaWrap 150 cassettes (two cassettest tob be used fora annual recertificationt training)o ond ora aboute each oft the first, second, third andf fourtha anniversarys oft the Effective Date. Ifthe BolaWrap Plus orE Eliteb bundles aree electedi int the Quote andp parto ofther Purchased Items, thent the Customer willr receive fort the" "Unlimited Cassettes" item (a)i initially, sixB BolaWrap 150 cassettes (two cassettes to beu usedf fori initialt training), (b)t two BolaWrap 150 cassettes ono or aboute each of thef first, second, thirda andf fourth anniversary oft thet Effective Datet to beu used fora annual recertification training, and (c)unlimitedB BolaWrap: 150 cassettes tor replacef field deployments thata ared deployed int ther reasonable: and ordinary course of Customer's business. Asa condition tor receiving: an additional cassette under subsection (c), Customer musts submit tot the Company ani incident report confirmingt thatac cassettel hadt been deployedin the reasonable and ordinary course ofCustome'sbusiness; priorto the Company providing ana additional cassette. For che avoidance ofd doubt (A) the Unlimited Cassettes itemis only available asp part oft the BolaWrap Plus and Elite bundles andic onlyi if such bundles are electedi in the Quote andp part ofthe 13 BOLAWRAP! BATTERY REPLACEMENTI PROGRAMS. ft the' "Unlimited Battery Pack" itemi isi included as parto ofa bundle electedi int the Quote andg part of the Purchased Items, then Customer willr receive fort thisi item additionalE BolaWrap batteriesi int theiri initial shipment equalt tof fiveg percent! (5%) ofthet total BoiaWrap devices purchased asp part oft the Purchased Items (the" "Additional Batteries"). Ina addition, undert the Unlimited Battery Packi item, the Company will replace any batteryt thatb becomes defective orisf fullye expendedi ifCustomert first submits at RMA: requestt tot the Company and returns thed defective or fully expended battery. to the Company. forl Inspection at Customer's expenses( (including cost ofs shipping). For thea avoidance ofo doubt, (theu Uniimited Battery Packi itemis only available asp parto oft the BolaWrap Plus and Elite bundies and oniyifs such bundles are electedi in the Quote andp part oft the Purchased Items and (i)t this Section doesr nota apply toa any Separate Items. Notwithstanding the foregoing, the Compan/sobligation: tor replacea at battery under this Section: shallr nota apply toa anyb batteryt that Customerk hasr notp properlys stored andn maintained, or where Customer hasf failedt to uset theb batteryin accordance witht theF Product Information orM where Customer haso damagedt the battery byr misuse orv wheret thec damagey wasi intentionalor deliberate or  instructor, at Customer's: solec costa ande expense,  expressly permittedh hereunder or as required by applicablef federalo ors statel law.  writtend contracta addendum. 10P PRODUCT INFORMATION: WARNINGS.  will receive regarding updates tot thev warnings, and thats such noticei is sufficient.  service purchased by Customer pursuantt tot the terms oft thisA Agreement.  Purchased! Items and (B) this Section does nota apply to anys Separate Items.  caused byr reckless or negligent conduct ofC Customer.    WRAP  Wrap Solutions Purchase Agreement [For BolaWrap, Body Worn Camera and Wrap Reality Bundles)  19.1PRIGHTS Customer agrees that the Company hasa ando claims various proprietaryr rightsi in thel hardware, firmware, software, andt the integration of anciliary materials, knowledge, ando designs. that constitute the Company's products and's services. Customer shailr not directly or indirectly cause any proprietary rights to bey violated. Customer shallr note engagein any activities accessing proprietayinfommation: contained within any hardware, software, orf firmware provided by the Company; duplicating thel hardware, software, orf firmware; orc circumventing: security for the hardware, software, orf firmware including butr notli limitedt to disassembling, tampering, modifying, reverse engineering, bypassing access controls, or otherwise compromising security, functionality, or integrity. Any violation oft these provisions shall bec considereda materialb breach oft this Agreement. a. ZOMISCFLLANEOUS Customer is prohibitedf from assigning ort transferring this Agreement without the Company/sexpress prior written approval, which may be withheld att the Company's sole discretion. Any purported assignmento ort transferin violation ofthis Section isr null and void. No assignment ord delegation without givinge effect toa anyo choice ord conflict ofl lawp provision orr rule! (whether oft the State ofA Arizana or any. other jurisdiction) thaty li, The; parties heretos shalla attemptt tor resoive any disputea arising outo oforr relatingtot this Agreemento ort the Purchased Items promptly! by negotiation between representatives oft the; parties whoh have authority tos settle thec controversy: andy who are atal higherk level ofr management thant thep persons with directr responsibilityf fora administration ofthisA Agreement. Toi initiatear negotiation, ap partys shallg give thec other party written notice ofa anyo dispute not resolvedi int ther normal course ofb business. Within: 15 days after delivery oft ther notice, ther representatives oft both parties shall meeta atan mutually acceptablet time andp place to attemptt to resoive thec dispute. Alr negotiations pursuant tot this clause ared confidential: ands shallb bet treated as compromise ands settlement negotiationsf forp purposes ofa applicable rules ofe evidence. Ifsuchn negotiations don notr resolves such dispute, thep parties agree that alls suits, actions, claims and; proceedings relatingtos such dispute aret tol bes settied! by confidential: andb binding arbitration, Any such suits, actions, claimsor proceedings: shali bes settled by confidential, binding arbitration beforeas single arbitrator, in accordances with the Commercial/ Arbitration Rules ofthe American Arbitration Association. Thea arbitration wilt take placei in Tempe, Arizona, or as near practicablet tol Terpe. Alle evidence, negotiations, communications, andf filingsi int the arbitration shall remain confidential., Any decision ora award asa a result of anys such arbitration proceeding shall bein writinga andr may be enteredi int thef federal courts oft the United States ofA America ort thec courts oft the Statec ofA Arizona, ine each casev with jurisdiction over the Cityo oft Tempe.A Anyf filingsi inc court will remain confidential tot thef fuliest extent possible under thel laws and rules oft thec courta andr neither party willo contest such confidentiality. Each partyi irrevocably: submits tot the exclusive jurisdiction ofs sucho courtsina anys suit, action, orp proceeding arising outo ofc or relatingto: this Agreemento orp Purchased Items. Eachp party: shall ber responsiblei for payingi itsc cwn cost of arbitration. includingi itso own attorney'sf fees. c. Customers shallo complyv witha alla applicablel laws, regulations, and ordinances. Customer shall maintaini ine effecta allt thel licenses, permissions, authorizations, consents and permits thati it needs toc carry outi itso obligations under this Agreement and toa access andu uset the Purchasedl Items. d. Nov waiver byap party) heretoc ofa any oft the provisions oft this Agreementi is effective unless explicitly setf forthi ins writinga ands signedi bys suchy party. No failure toe exercise, ord delayi ine exercising, any right, remedy, power, orp privilege arisingf from this Agreement operates or may bec construed, asav waiver thereof No single orp partiale exercise ofa any right, remedy, power, orp privilege hereunder; precludes any others or further exercise thereof ort thes exercise e. Nopartys shall bel liable orr responsiblet tot the otherp party, orb bed deemed toh have defaulted under ort breached this Agreement, for any failure or delay inf fulfilling orp performing any term of this Agreement (exceptf fora any obligations ofo Customert tor make payments tot the Company hereunder). when and tot the extent such failure ord delayisc caused by or results from acts beyond thei impacted party/sf"Impacted Party) reasonable control, including, without limitation, the following forcer majeure events( ("Force Majeure Event(fs)"): ()a acts ofG God; (if flood, fire, earthquake, pandemics, epidemics ors explosion; (M) war, invasion, hostilities! (whether wari is declaredo or not), terroristt threats ora acts, riot ard other civil unrest; (ivig government order, law, ora actions; (v) embargoes orb blockadesi in effecto onor after the date oft thisA Agreement; (vi)r national ort regionale emergency; (vii)s strikes,! labors stoppages or slowdowns, or otheri industrial disturbances; (vii)t telecommunication! breakdowns, power outageso ors shortages, lack ofv warehouse or storages space, inadequate transportation services, ori inability ord delay in obtaining supplies of adequate ors suitabler materials; and! (ix) othere events beyond ther reasonable contral of thel Impacted Party. Thel Impacted Partys shall give notice within 20 days ofthe Force Majeure Eventt tot thec other party, stating thes period oft time the occurrence is expectedt to continue. Thel Impacted Partys shall use diligente efforts toe end thef failure or delay ande ensure thec effectso ofs such Force Majeure Event arer minimized. Thel Impacted Party shall resume thep performance ofits obligations ass soon asr reasonably practicable after the removal oft thec cause. Int thee event thatt thel Impacted Party's failure ord delayr remains uncured fora period of9 90 consecutive days following written: notice given byitu under this  relieves Customer ofa any ofitso obligations under thisA Agreement. b. Governing Law; Dispute Resolution. relating this .A Alimatters arising outo ofc or tot Agreement governed bya application oft thel laws ofa any! jurisdiction other thant those oft the State of Arizona.  are  ando construedi ina accordances with thei internal laws oft the State of Arizona  would cause the  of any other right, remedy, power, orp privilege.  Section, the Company may thereaftert terminatet thisA Agreement upon 15d days' written noticet to Customer    WRAP  Wraps Solutions Purchase Agreement [For BolaWrap, Body Worn Camera and Wrapi Reality Bundles)  b. ÇUSTOMER AGREES TOF RELEASE THE COMPANY FROMA ANYA ANDA ALLO DAMAGES THAT RESULTFROM CUSTOMER ORA ANY OTHER PERSON'S USE OF OR FAILURE TOF FOLLOW ALLI INSTRUCTIONS PERTAINING TOT THEL USE OF THEF PURCHASED ITEMS, AND/ORA ANY DAMAGES THATI MAYF RESULTF FROM THE CUSTOMER ORA ANY OTHERF PERSON'S FAILURET TOC COMPLY WITHA ANYA ANDA ALLA APPLICABLET TRAINING INA ACCORDANCE' WITH CUSTOMER'S GUIDELINES. CUSTOMER AGREES TOR RELEASE THE COMPANY! FROMA ALLL LIABILITY ARISING OUT OFT THE DEPLOYMENT, USE ORI MISUSE OFT THE PURCHASEDI ITEMS, INCLUDING/ ANY CLAIMS FOR DAMAGES AND PERSONALI INJURIES. CUSTOMER. AGREES1 TO ASSUME ALLF RISK OFL LOSS ANDA ALLI LIABILITY FORA ANY DAMAGES ANDF PERSONAL INJURY WHICHI MAYF RESULTF FROM THE DEPLOYMENT, USE, ORI MISUSE OF THE PURCHASEDI ITEMS ANDA ALLI ISC COMPONENT PARTS AND/ORA ACCESSORIES, INCLUDING ANYT THAT AREN NOTN MANUFACTURED ORF RECOMMEND! BYT THE COMPANY. THE COMPANY ISN NOTLIABLEF FOR THEF FAILURE OF1 THEF PUCHASED ITEMS TOF PERFORM, AND7 THE COMPANYI ISN NOT LIABLEF FOR ANY CLAIMS MADEE BYA A1 THIRD PARTY ORC CUSTOMERI FOR c. Customer shalli indemnify, defend, and holdH harmless the Company andi its officers, directors, employees, agents, affliates, successors, and permitted assigns (collectively, "Indemnified Party") againsta anya anda alll tosses, damages. liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, pénalties, fines, costs, ore expenses ofw whateverk kind, including reasonable attorneys fees, fees andt the costs ofe enforcing any rightt to indemnificationt undert this Agreement, andt thec cost ofp pursuing anyi insurance providers, incurred byl Indemnified! Party ora awardeda against! Indemnified Party (collectively, "Losses"), relatingto ora arisingo outo oforr resultingf from anyo claim ofat third, party or Customera arising out ofor occurringi inc connection witho orr related tot this Agreement ort theP Purchasedi items oru uset thereof, including but not! limited to, Customer's negligence, willfuln misconduct orb breach ofthis Agreement. Customers shallr note enteri into anys settlementy without the Company'sp priorv written consent. Thei indemnity in this Section shallr not 22.GRANTS OFF RIGHTSA AND AUTHORIZED USAGE. Customer grantst tot the Companya a none exclusive, worldwide: andr royalty- free right tou uset the Customer'sname: andd details oft the Customer's purchase fort the sole purpose ofr marketing, promotional andp public relations materiais, includingb butr not limitedt tor marketing materials, press releases, social media posts, website contenta anda any other advertisingo or promotional medium, fort theb benefit oft the  ORC ONE BEHALFOFAT THIRD PARTY.  apply to any Lossesr resuiting primarily from the Company'sbreach: oft this Agreement.  Company  INV WITNESS WHEREOF, thep parties! have executed thisA Agreement as oft the datel laste executed! below. Thep person signing on behalfo ofap party represents andv warrants thati itis authorizedi to dos soa and hasf fullp powera anda authority. ThisA Agreement may bes signedi in separate counterparts andi iss signedf for  ando onk behalf of:  Company: Lamar Police Department  Proposal Dated July12, 2024 Dated:  Signature: Print Nome: Title:    WRAP  APPENDIXI Wrapl I Evidence on Cloud License  6. DATASECURITY- CUSTOMERI RESPONSIBILITIES. Customerisr responsible forr maintaining thes security oft the Customer's andi its Authorized! Users' usernames, passwords, ando other Access Protocols andt takings stepst tor maintain appropriate security: anda access by Authorized Users to Customer Content. Log-in credentials aref for Customer's internal use onlya and Customert mayr nots sell, transfer, ors sublicenset them toa any other entity or person, Customer agreest tot ber responsible fora alla activities undertaken by Customer, itse employees, contractors or agents, and Authorized Users. Customer will contact, Company immediately ifthe Customer'b believes ans unauthorizedt third party may beu using the Customer's account or Customer Content orii ifthe Customer's accounti informationis losto ors stolen. Further, Customer andi its Authorized Userss shall ber responsible fora allo changest toa and/or deletions ofc Customer Content. Customer shall haves soler responsibility fort thea accuracy, quality, integrity, legality, reliability and appropriateness ofa all Customer Content. Customera acknowledges anda agreest that, except as otherwise agreed! betweent thep parties ori inas separate written agreement, Company will haver no obligation to back up Customer Content, norv will Company have anyi liability fora any! loss or corruption ofCustomer Content, nor will Company havez any obligation undert this Agreement to retain any Customer Content aftert thee expiration ort termination oft the Agreement. Company wil not! bel liable for any loss ofdata orf functionality caused directly ori indirectly by Authorized Users, Export! laws andr regulations oft thet United States and: any otherr relevant locale export laws andi regulations applyt to the Company Offering. Customer agrees thats suche export control laws govern its use oft the Company Offering (including technical data) and any services deliverables provided undert thisA Agreement, and Customer: agreest to comply with alls such export laws and regulations. Customer agrees thatno data, information, software programs and/or materials resultingf fromt the Company Offering (or direct product Z-DATASECURITY-C COMPANY RESPONSIBILUTIES Company willl implemento commercially reasonable measures designed to secure Customer Content againsta accidental or uniawful loss, access, or disclasure. COMPANY DOES NOT GUARANTEE THAT THE COMPANY OFFERING WILL BEF PERFORMEDI ERROR- FREE ORL UNINTERRUPTED, ORT THAT COMPANY WILLO CORRECT ALL COMPANY OFFERING ERRORS. CUSTOMER ACKNOWLEDGES? THAT COMPANY DOES NOT CONTROL THET TRANSFER OFD DATAOVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, ANDI THAT THE COMPANY OFFERING MAY BE SUBJECTT TOI LIMITATIONS, DELAYS, ANDOTHERI PROBLEMSI INHERENT INT THEL USE OFS SUCH COMMUNICATIONS' FACILITIES. NEITHER COMPANY NORA ANY OFI ITSLICENSORS OR OTHER SUPPLIERS WARRANT ORG GUARANTEE1 THAT THE OPERATION OFT THE COMPANY OFFERING WILLE BEL UNINTERRUPTED, VIRUS- FREE, ORE ERROR-FREE, NORS SHALL COMPANY ORA ANY OF ITS SERVICE PROVIDERS BEL LIABLE FOR UNAUTHORIZED ALTERATION, THEFT, ORD DESTRUCTION Ifat third party makes a claim against Company that the Customer Contenty violates any tawi including butnotli limited to privacy laws, infringement ofp patent, copyright or trademark, orn misappropriation. oft trades secret, Customer shalic defend Company and its directors, officers, and employees against the claim at Customer's expense and Customers shall pay alll losses, damages ande expenses( (includingr reasonable attorneys' fees) finally awarded againsts such parties ora agreedt toi inav writtens settlement: agreement signed! byo Customer, tot thes extent arisingf from thec claim. Company will provide, atCustomer's expense, thea assistance, informations and authorityr reasonably requestedi in thec defense ands settlement oft thec claim. 8. COMPANY SUPPORT. Company will make available to Customers updates to the Company Offering, asr released by Company andir made generally available toit its other customers. Customer shall provide commercially reasonable information and assistance to Company to enable Company tod deliver thec Company Offering ands supportf fort the Company Offering. Updatesn may bep providede electronicallys via the Internet. Itist the Customer's responsibilityto establish andr maintain adequate access tot thel Interneti in ordert tor receive updates. Customeri is responsible forr maintaining! the computer equipment and 9. DATAR PRIVACY. Company willr noto disclose canfidential Customer Content ora any confidentiall information about Customer except as compelledbya court or administrative! body orr required! byz anyl law orr regulation. Company wills give Custamer noticei if: any disclosurer requestisn received for confidential Customer Content. Customer agreest to allow Company access to certain information of Customer: as necessary inc ordert to: (a) perform troubieshooting for Customer's account at Customer's request or asp part ofr regulard diagnostic screenings;: (b) enforce agreements orp policies governing use oft the Company 10. DATASTORAGE. Company will determine the locations oft the datad centersin which Customer Content willl bes stored anda accessible by Authorized Users. For. United States customers, Customer Content thati is stored in the Company Offering will remain within the United Statesir including any backup data, replication sites, and disaster recovery sites. Customer consentsto thet transfer of Customer Contentto Companysthird-party, providers  thereof) willl bec exported, directly orindirectly, iny violations oft these laws.  OFC CUSTOMER'S ORA ANY USER'S DATA, FILES, ORP PROGRAMS.  defamationsl laws,  Internet connections necessary fort the Customer's use oft the Company Offering.  Offering; or (c) perform analytica and diagnostic evaluations oft the Company Offering.  fort thep purpose ofs storing Customer Content. Ownership of Customer Content remains with Customer ata allt times    Agenda Item No. 6 Council Date: 9/9/2024  LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY  Ordinance No. -"An Ordinance Amending Chapter 8 Article 1 Regarding Mobile Food Trucks  ITEM TITLE: and Pushcarts" INITIATOR: Kirk Crespin. Mayor ACTION PROPOSED:  CITY ADMINISTRATORS REVIEW:  RCE  Approve Ordinance on first reading  STAFF INFORMATION SOURCE: Linda Williams. City Clerk: Rob Evans. City Administrator  BACKGROUND: The City Council held a work session on Monday, August 12, 2024 at 5:15 p.m. for a discussion regarding Mobile Food Trucks and Pushcarts operating within Lamar on public owned property and City Council requested an ordinance be drafted regarding the Mobile Food Trucks and Pushcarts and brought  public right-of-ways. back for approval.  RECOMMENDATIONS Staff recommends that City Council approve and adopt the Ordinance on the first  reading or such other action as Council may direct.    ORDINANCE NO.  AN ORDINANCE AMENDING CHAPTER 8 ARTICLEIREGARDING MOBILE FOOD VENDORS  AND ICE CREAM VENDORS  WHEREAS, Colorado Revised Statutes S 31-15-401 grants general police powers to the City Council to WHEREAS, the use ofmobile food trucks and pushcarts havel become increasingly popular withr residents, WHEREAS, the use of mobile food trucks and pushcarts on public property have created an unfair advantage for other businesses and a safety risk to the vendors and citizens without regulation of the vendors  promulgate ordinances for the health, safety and welfare ofthe public; and  businesses and visitors to the City ofLamar; and  location; and  WHEREAS, mobile ice cream vendors operate differently than mobile food vendors as they are in static locations throughout the City for less than fifteen minutes, and should be allowed to severe customers on City  property with appropriate regulations oft the vendors; and  WHEREAS, the City Council oft the City ofl Lamar has further determined that it is in the best interest of the health, safety and welfare ofthei inhabitants oft the City to exercisei its express authority toi regulate thel location ofmobile food vendors and mobile ice cream vendors int the City ofLamar, consider the needs existing businesses, and adopt and establish reasonable regulations concerning their location and to amend the City of Lamar NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAMAR, Part 1: The Lamar Municipal Code, CHAPTER 8, Article I, Sec. 8-16 is hereby by amended with the  Municipal Code as set forth herein. COLORADO AS FOLLOWS:  addition of said section to read as follows:  Sec. 8-16 Mobile Food Trucks, Pushcarts and Ice Cream Vendors  (a) Definitions. For the purposes of this Article, the following terms shall have the meanings as  indicted, unless the context otherwise requires:  1. Ice cream products mean ice cream, frozen milk, or any other frozen dairy or ice product 2. Mobile Food Truck means ai retail food establishment that is not intended for a permanent location and is a motorized wheeled vehicle, or a trailer that is licensed for use on public roadways, designed and equipped to serve food and beverages operating in either a static 3. Mobile Food Vendor means any person who sells food and/or beverages from a mobile 4. Mobile Ice Cream Vendor: means any vehicle, whetherh human-powered, orI motor-powered, from which ice cream products are sold or offered for sale to the general public, except for  orc confection.  ort transitory location and customers.  food truck or pushcart.    any vehicle operated from a stationary location for more than 15 minutes and except when 5. Pushcart means a retail food establishment that is not a motorized vehicle, a lightweight cart that is designed to bej pushed or pulled by hand and is used to serve: food and beverages.  operated as a mobile food vendor as defined under section 8-16(a)(3).  (b) Operational Standards. Mobile food vendors:  1. Shall not operate on publicly owned property and public right-of-way without prior 2. Shall only sell food, nonalcoholic beverages, and branded merchandise specific to the  approval for a special permit under Section 8-16(d).  vendor.  3. Shall be in compliance with all local ordinances.  4. Shall not obstruct pedestrian or bicycle passage and shall not impede traffic flow. 5. Shall keep the sidewalks, roadways, and other spaçes adjacent to their temporary operating location clean and free ofrefuse ofa any kind generated from the operation oftheir business.  (c) Operational Standards. Mobile Ice Cream Vendor:  1. May operate on publicly owned property or public right-of-way SO long as the vehicle is not stationary for 15 minutes at one location without prior approval for a special permit  under Section 8-16(d).  2. Shall lawfully and safely be stopped and not impede traffic.  3. Shall only sell ice cream products and branded merchandise specific to the vendor. 4. Shall only operate a vehicle that is clearly marked and identifiable as a mobile ice cream 5. Shall not operate or permit an employee or contractor to operate as a vendor that is a registered sex offender or has been convicted of any sex crimes involving children.  vendor.  5. - Shall not operate after sunset and before 10:00 a.m. 7. Shall abide by all state, local, federal laws and ordinances.  (d) Special Permit.  1. The City Council may authorize a mobile food vendor to operate on publicly owned property or public right-of-way, or may authorize a mobile ice cream vendor to remain stationary for more than 15 minutes, provided that the mobile food vendor or mobile ice  cream vendor:    i. Completes an application for a special permit to the City Clerk.  ii. Describes the date, time and location of the use of publicly owned property or  public right-of-way.  iii. Pays the application fee set by resolution of the City Council.  (e) Penalty.  1. Failure to comply with thet terms oft this chapter shall constitute a violation oft this Code, as defined in chapter 1. Any person who is found guilty ofc or pleads guilty or nolo contendere to the violation oft this Code shall, for each offense, be subject to a penalty as set forth in section 1-21. Each day an offense continues shall constitute a separate offense. 2. Repeated violation of this Section shall be considered aj public nuisance and such conduct  shall be sufficient grounds that may result in:  - Suspension ofmobile food vendors or mobile ice cream vendors business license ii. Revocation of the mobile food vendors or mobile ice cream vendors business  under Section 8-10; or license under Section 8-11.  CONFLICT  All Ordinances, Resolutions, Bylaws, and Regulations ofthe City ofLamari in conflict with the provisions ofthis  Ordinance are hereby repealed. SEVERABILITY  Ifany section, paragraph, clause, or provision ofthis Ordinance shall be held invalid, unenforceable or ofn no legal effect, by a court of competent jurisdiction, the invalidity of such section, paragraph, or clause shall not affect  any other provision of this Ordinance. EFFECTIVE DATE  This ordinance shall take effect thirty (30) days after publication as provided by law.  READ IN FULL, PASSED, AND ORDERED PUBLISHED on first reading the  day of  2024 in accordance with the City Charter.  ATTEST:  KIRK CRESPIN, MAYOR  LINDA WILLIAMS, CITY CLERK  READ IN FULL AND ADOPTED on second reading this  day of  2024 in  accordance with the City Charter.  ATTEST:  KIRK CRESPIN, MAYOR    LINDA WILLIAMS, CITY CLERK    Agenda Item 8 Council Date 9/9/2024  LAMAR CITY COUNCIL EXECUTIVE SESSION COMMENTARY  Executive Sessions - (1) For a Conference with the City Attorney for the Purpose of Receiving Legal Advice on specific legal questions under C.R.S. $24-6-402/4)(b) regarding Municipaldistrict legal relationship (2) For Discussion of personnel matters under CRS.246402(X0 to review the outcome oft the City Clerk, Treasurer and Administrators annual performance reviews,  ITEM' TITLE: including a review oft the performance of the targets that were provided  INITIATOR: Rob Evans. City Administrator  CITY ADMINISTRATORS REVIEW:  Rrs  ACTION PROPOSED: STAFF INFORMATION SOURCE:  BACKGROUND: Executive Sessions- - ()ForaConferencer with the City Attorey fort the PurposeofReceivingl Legal Advice ons specific legal questions under C.R.S. $24-6-402(4)b) regarding Municipal/district: legal relationship(2)Fori Discussion of personnel matters under C.R.S.S24-6-402 (4)(f)t to review the outcome ofthe City Clerk, Treasurer and Administrators annual  performance reviews, including ai review oft the performance of the targets that were provided  RECOMMENDATION:    3 E Bf    - - - -  RE N  we    - -  ESss 25  088 8  N    CITY OF  LAMARE  AEAMOIZITUMCONBALN PHONE:0791336-4376 FAX:7191336-2787  2024  UTILITY REVENUE REPORT  MONTHLY ELECTRICITY: WATER: SEWER: TRASH: MONTHLYTOTAL  AUGUST $1,595,848.07 $228,559.32 $50,475.40 $142,082.40 $2,016,965.19  AUGUST2023 $1,465,278.86 $175,18252 $43,190.98 $162,382.41 $1,846,034.77  1 8.916 30.47% 16.87 -12.50% 9.261  2074 YEARTODATE $9,403,371.68 $1.287,284.86 $404,047.67 $1.123,731.24 $12,218,435.45  2023 YEARTODATE $8,630,139.70 $993,437.58 $344,171.87 $1.132,330.00 $11,100,079.15  4 8.96 29.581 17.40% -0.76% 10.08%  ELECTRICITY: WATER: SEWER: TRASH: YTD TOTAL  9/6/2074