SANJUAN COUNTY, COLORADO BOARD OF COMMISSIONERS  MEETING AGENDA September 25, 2024  CALL TO ORDER: 6:301 P.M. BOCC Meeting Minutes for September 11, 2024 APPOINTMENTS  7:00 P.M, Dave Brown and Yvonne Naughton - Use ofHospital Building  7:30 P.M. Board of Health Training  New Business:  San Juan Basin Area Agency on Aging Contract Komatsu Lease Purchase Agreement Correspondence: Silverton SingleTrack Society Public Comment Commissioner and Staff Reports October/November: Meeting Dates Other Adjourn  Memorandum ofUnderstanding for Control of Confidential Data  Times listed above are approximate.  Discussion ofan agenda item may occur before or after the assigned time.  Next Regular Meeting - October 9, 2024 6:30 P.M.  Join Zoom Meeting https: 7oom.19-D6T3D3 Meeting ID: 921 36473203  By Telephone: Dial 1 669-900-6833 and enter the Webinar ID 92136473203 when prompted. You Tube (live and recorded for later viewing, does not support public comment):  https: www.yourube.comsanpuancoumocoloradostream:    SANJUAN COUNTY BOARD OF COMMISSIONERS REGULAR MEETING WEDNESDAY, SEPTEMBER 11,2 2024  AT8:30 A.M.  Call to Order: The meeting was called to order by Chairman Austin Lashley. Present were Commissioners Scott Fetchenhier and Pete Maisel, County Attorney Dennis Golbricht (via Zoom) and Administrator Payment of Bills: Commissioner Fetchenhier moved to authorize payment oft the warrants as presented. Minutes: Commissioner Fetchenhier moved to approve the minutes of August 28, 2024, as submitted. Resolution 2024-07 A Resolution of The San Juan County Board of Commissioners Thanking Louis Girodo For His Many Years of Service to San Juan County was presented to the Commissioners for their consideration. After Chairman Lashley read the Resolution Commissioner Fetchenhier moved to approve the Resolution 2024-08 A Resolution ofThe San Juan County Board of Commissioners Thanking Tommy Wipf For His Many Years of Service to San Juan County was presented to the Commissioners for their consideration. After Chairman Lashley read the Resolution Commissioner Maisel moved to approve the Mark Rudolph ofCDPHE and Athena Jones were present toj provide a quick update on remediation projects. Social Services Director Martha Johnson was present to provide the Commissioners with an update. Commissioner Fetchenhier moved to approve Transmittal #7 in the amount of $48,616.49 as presented.  William Tookey.  Commissioner Maisel seconded the motion. The motion passed unanimously. Commissioner Maisel seconded the motion. The motion passed unanimous.  resolution as presented. Commissioner Maisel seconded the motion.  resolution as presented. Commissioner Fetchenheir seconded the motion.  Commissioner Maisel seconded the motion. The motion passed unanimously.  AState ofColorado Contract Modification Contract Amendment #4 was presented to the Commissioners. Commissioner Fetchenhier moved to approve the Contract Amendment #4 as presented. Commissioner Maisel 2nd the motion. The motion passed unanimously.  The Commissioners, sitting as the Board ofl Health, received a report from Public Health Director Becky APublic Hearing was held to receive public comment concerning the Improvement Permit Preliminary/Final Plan for Thomas and Jacqueline BonAnno to Construct a Cabin, Gravel Driveway, Septic System, Water Storage Tank and Associated Utility Improvements on the Tennessee Lode MS 5985. Upon completion oft the public hearing Commissioner Maisel moved to approve the Improvement Permit Preliminary/Final Plan application with the conditions recommended by staffand the San. Juan County Regional Planning Commission along with the additional conditions that additional screening would be required ifCommissioners determined that it was necessary to minimize the visual impact of the development. The conditions as approved for the Improvement Permit are listed below:  Joyce.  1. That the applicant acknowledges that emergency services will not be available in a timely  manner and perhaps not at all.    2. All improvements to the Tennessee Lode shall fully and completely comply with, and strictly conform to, all terms, conditions and restrictions contained in the San Juan County Zoning and Land Use Regulation, all permits issued, and all applicable State and Federal 3. The applicant shall fully and completely comply with the San Juan County Zoning and Land Use Regulation 4-110 Design and Development Standards for all Improvement and Use 4. That the Tennessee Lode MS #5985 and the Sampson Double MS #15355 be  rules and regulations.  Permits.  consolidated into one parcel.  5. That the proposed improvements are identified and staked on site by a Colorado Licensed 6. That the applicant be placed on the Town of Silverton's Utility billing system for water and 7. That the applicant agrees to an affordable housing fee of$1255.8las required by 7-112.8A 8. That the applicant agrees to a fee in the amount of $12,558.10 and to maintain the status quo ofhistoric recreational use to comply with 7-112.15 oft the subdivision regulations. 9. The applicant agrees to provide vegetative screening if the County Commissioners deem 10. The failure to comply with these conditions shall be grounds for the revocation of this Land  Surveyor. refuse.  ofthe subdivision regulations.  that it is necessary to minimize the visual impact.  Use Permit.  County Treasurer Deanna Jaramillo was present to inform the Commissioners that she will be working Chief Archuleta and Clark Damron representing the Fire Authority were present to request that the Commissioners approve the purchase of SCBA equipment to replace their current equipment which will no longer be able to be maintained and certified. Commissioner Fetchenhier moved to approve the purchase of SCBA equipment from Curtis in the amount of $129,290.00. $26,000 would come from previously approved funding for the purchase ofat truck wildfire fighting. Commissioner Maisel An email from Katie Shapiro was presented to the Commissioners for their consideration. AI Liquor License Renewal for Silverton Mountain was presented to the Commissioners for their consideration. Sheriff Bruce Conrad requested that he be informed whenever a liquor license application is coming before the Commissioners to allow him an opportunity to comment. Commissioner Fetchenhier moved to approve the liquor license application as submitted. Commissioner Maisel seconded the motion. The motion passed unanimously. Silverton Mountain will be notified that they need tol have a conversation with Sheriff Conrad prior to the start oft the season.  with. Alpine Bank to provide some banking services.  seconded the motion. The motion passed unanimously.    The Treasurer's monthly report was presented to the Commissioner for their review. Having no further business, the meeting was adjourned at 12:35 P.M.  A work session with Emergency Services was held to discuss the Emergency Services Sales Tax Fund.  Austin Lashley, Chairman  Ladonna L. Jaramillo, County Clerk        9/24/24, 2:16 PM  San Juan County Mail- Introductions and Health Clinic Proposal  Gmail  Willy Tookey semdunuancdondour  Introductions and Health Clinic Proposal David Brown Sovepencremoecarecom To:a dmn@sanuancoorous Cc: director@sicpn.org.) yomendrcremoecae.com  Wed, Sep 18, 2024 at 7:02A AM  Hello Mr. Tookey,  My name is Dave Brown and I'd like to introduce myself and my wife Yvonne Naughton. We'r re both physicians, Yvonne pediatrics and myself internal medicine. We' 've been talking with Becky Joyce about our desire to provide additional healthcare services to the Silverton community plus our plan tor relocate to Silverton int the near future. As a bit of background, we' ve owned medical clinics int the past and I've been involved with the administration ofi larger healthcare systems as well. Yvonne's been ap practicing pediatrician, has developed and taught a high school healthcare curriculum. been a track and field coach for many) years, and is ar recent 21 time Hardrock 100 finisher and 5 year volunteer. After talking with Becky. our initial vision for providing healthcare toi the community would entail a public- private partnership between San. Juan Public Health Services who could provide office space and ancillary services similar to existing operations coupled with our provider services through our company, High Country Remote Care, LLC (HCRC). We would work alongside nnovation Medical Group who currently provides services on Tuesdays and HCRC would staff the clinic Monday, Wednesday, and Friday. With the addition of HCRC Silverton would have comprehensive primary care access Monday through Friday. Additionally, the existing Silverton Clinic could continue to operate as a free clinic providing vaccines, lab seryces, and other current ancillary services while HCRC would provide insurance basad care and cash Also, the Silverton Clinic informally let Becky know they would not have an issue with sharing the clinic's space on the days that aren't already in operation. We understand however that it will take communication Ify you'd like, Yvonne andl would welcome the opportunity to share more details of our vision for delivering healthcare and improving provider access for the residents of Silverton. Just let us know and we'llb be  telemedicine services, and possibly after-hour on-call services if needed. pay options along with sliding scale cash pay services for eligible patients.  to arrange this directly. available at your convenience. Kind Regards, Dave Brown High Country Remote Care, LLC  htps./mal.goole.commaliuorw-taseaeb2eawew-pisearchmalapemmsad'-msg.1810539025078943082582smpl-mset181053810539025076943082 1/1        Agency contracted with CDHS State Unit on Aging: San Juan Basin Area Agency on Aging, Inc. Subcontractor: San. Juan County Social Services Current Contract Maximum Amount Initial Term for SFY25( (Year 2/4) 07/1/20241 to 06/30/2025 Extension Terms GRANDTOTAL 1. OPTIONS:  Option Letter Number Contract Number SJBAAA Option) Letter Contract# 24IHEA 181459 $10,960.00 Contract Performance. Beginning Date July1,2024 $0.00 Current Contract Expiration Date $0.00 June 30, 2025 $10,960.00  State Fiscal Year 2026 State Fiscal Year 2027  A. Option to extend for an Extension Term.  B. Option to change the quantity of Services under the Contract at the rates set by the Older Americans Act. A. In: accordance with Page 1, Paragraph "Options" on the Original Contract's Signature and Cover Page, and Page 4, Section 2(C) of the Original Contract referenced above, the State hereby exercises its option for an additional term, beginning. July 1,2024, and ending on the current contract expiration date B. In accordance with Page 1, Paragraph "Options" on the Contract's Signature and Cover Page, Page 9, Section 5(B)(v) of the Original Contract referenced above, and! Page 2, Section 5(E) of Amendment 1, the State hereby exercises its option to increase the quantity of the Services for State Fiscal Year . The SFY 2025 funds to the San Juan Basin Area Agency on Aging are increased in the amount of $1,616,444.00. The Contract Maximum Amount table on the Contract's Signature and Cover Page is hereby deleted andi replaçed with the Current Contract Maximum Amount table shown above. D. Exhibit D-6, "Contract Budget", which is attached andi incorporated by reference. E. Exhibit E-6, "Supplemental Provisions for Federal Awards" replaces previous Exhibit E-5, which is 3. THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT. Eachj person signing this Amendment represents and warrants that he or shei is duly authorized to execute this Amendment and to bind  2. REQUIRED PROVISIONS:  shown above, att the rates stated ini the Original Contract, as amended. (SFY) 2025 at the rates mandated by the Older Americans Act.  attached and incorporated by reference. the Party authorizing his or her signature.  SUBCONTRACTOR San Juan County Social Services  CONTRACTOR WITHO CDHS San Juan Basin Area Agency on Aging 10 Burnett Court Suite 302A Durango, C081301 970.264.0501 -1 telephone 970.403.9744 - mobile 888.290.3566 - fax chaimmanusbanorg  Signed By: (Print Name) Date:  By: Sue Fletcher, Chairman, Board of Directors  Date:  SUBCONTRACTOR agrees to place SJBAAA logo on all promotional materials that may include but are not limited to senior newsletters, press releases, and any brochures that relate to the services and programs funded by this Contract. Language should  read as follows:    SANJ JUANT BASIN AREA AGENCY ON AGING  Funding for Older. Americans Act Programs is made possible by  EXHIBIT D-6  SFY25 CONTRACT FOR: SAN JUAN COUNTY SOCIAL SERVICES  SERVICE  State/Federal Funds $10,960.00 $10,960.00  Shoveling/Home Chore TOTAL AMOUNT AWARDED  2    Agency contracted with CDHS State Unit on Aging: San. Juan Basin Area Agency on Aging, Inc. Subcontractor: San. Juan County Social Services Current Contract Maximum Amount Initial Term for SFY25 (Year2 2/4) 07/1/2024 to 06/30/2025 Extension Terms GRANDTOTAL 1. OPTIONS:  Optionl Letter Number Contract Number SJBAAA Option) Letter Contract# 24 IHEA 181459 $10,960.00 Contract Performance Beginning Date July1,2024 $0.00 Current Contract Expiration Date $0.00 June 30, 2025 $10,960.00  State Fiscal Year 2026 State Fiscal Year 2027  A. Option to extend for an Extension Term.  B. Option to change the quantity of Services under the Contract at the rates set by the Older Americans Act. A. In accordance with Page 1, Paragraph "Options" on the Original Contract's Signature and Cover Page, and Page 4, Section 2(C) of the Original Contract referenced above, the State hereby exercises its option for an additional term, beginning. July 1,2024, and ending on the current contract expiration date B. In accordance with Page I, Paragraph "Options" on the Contract's Signature and Cover Page, Page 9, Section 5(B)(v) oft the Original Contract referenced above, and Page 2, Section 5(E) of Amendment 1, the State hereby exercises its option to increase the quantity of the Services for State Fiscal Year The SFY 2025 funds to the San Juan Basin Area Agency on Aging are increased in the amount of $1,616,444.00. The Contract Maximum Amount table on the Contract's Signature and Cover Page is hereby deleted andi replaced with the Current Contract Maximum Amount table shown above, D. Exhibit D-6, "Contract Budget", which is attached andi incorporated by reference. E. Exhibit E-6, "Supplemental Provisions for Federal Awards" replaces previous Exhibit E-5, which is 3. THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT. Each person signing this Amendment represents and warrants that he or shei is duly authorized to execute this Amendment and to bind  2. REQUIRED PROVISIONS:  shown above, at thei rates stated ini the Original Contract, as amended. (SFY)2025 at the rates mandated by the Older Americans Act.  attached and incorporated by reference. the Party authorizing his or her signature.  SUBCONTRACTOR San. Juan County Social Services  CONTRACTOR WITH CDHS San Juan Basin Area Agency on Aging 10 Burnett Court Suite 302A Durango, C081301 970.264.0501 - telephone 970.403.9744 - mobile 888:290.3566 - fax hatmanusbamn.or  Signed By: (Print Name) Date:  By: Sue Fletcher, Chairman, Board of Directors  Date:  SUBCONTRACTOR agrees to place SJBAAA logo on all promotional materials that may include but are not limited to: senior newsletters, press releases, and any brochures that relate to thes services and programs funded by this Contract. Language should  read as follows:    SANJUANBASIN AREA AGENCY ONAGING  Funding for Older Americans Act Programs is made possible by  EXHIBIT D-6  SFY25 CONTRACT FOR: SAN JUAN COUNTY: SOCIAL SERVICES  SERVICE  State/Federal Funds $10,960.00 $10,960.00  Shoveling/Home Chore TOTAL AMOUNT AWARDED  2    COLORADO Financials Services Departmento aHumanservos Division ofContracts andP Procurement  Federal award project description: Older. Americans Act Title III - Grants for State and Community Programs on Aging and Older Americans Act Title VII- Allotments for Vulnerable Elder Rights ii. The name of the Federal awarding agency is Department of Health and Human Services, Administration for Community Living; the name of the pass-through entity is the State of Colorado, Department of Human Services (CDHS); and the contact information for the awarding  Protection Activities;  official is Percy Devine, 303.844.7815;  iri. The Catalog ofFederal Domestic Assistance (CFDA) numbers are:  CONTRACTOR FISCAL YEAR 06/30/2025  PROGRAM TITLE  GRANT# 2301CO0ASS 2301CO0ACM 2301COOAHD 2301COOAPH 2301COOAFC 2301COOAEA 2301COOAOM  CFDA# 93.044 93.045 93.045 93.043 93.052 93.041 93.042  07/01/20247 TO TITLE IIIE BS SUPPORTIVE SERVICES 07/01/2024TO 06/30/2025 TITLEI III C1 CONGREGATE MEALS 07/01/2024TO 06/30/2025 TITLEI III C21 HOME-DELIVERED MEALS 07/01/2024TO 06/30/2025 TITLE III DF PREVENTIVE HEALTH 07/01/2024TO 06/30/2025 TITLEI IIIE EN NFCSP  07/01/2024TO 06/30/2025 TITLE VIII ELDER ABUSE PREVENTION 07/01/2024TO TITLE VII OMBUDSMAN  06/30/2025  iv. This award is not for research & development;  V. The indirect cost rate for the Federal award (including if the de minimis rate is charged per 2 CFR $200.414 Indirect (F&A) costs) is pre-determined based upon the State of Colorado and CDHS cost  allocation plan.  ) All requirements imposed by CDHS on Subrecipient sO that the Federal award is used in accordance with Federal statutes, regulations, and the terms and conditions of the Federal award, are stated in Exhibit A. 2) Any additional requirements that CDHS imposes on Subrecipient in order for CDHS to meet its own responsibility to the Federal awarding agency, including identification of any required financial and 4) Subrecipient must permit CDHS and auditors to have access to Subrecipient's records and financial statements as necessary for CDHS to meet the requirements of 2 CFR $200.331 Requirements for pass- through entities, $S 200.300 Statutory and National Policy Requirements through $200.309 Period of 5) The appropriate terms and conditions concerning closeout oft the subaward are listed in Section 16 oft this Exhibit  performance reports, are stated in N/A.  3) Subrecipient' t's approved indirect cost ratei is no (0%) indirect rate.  performance, and Subpart F--Audit Requirements of this Part.  and Exhibit A.  3    6) Performance and Final Status. Subrecipient shall submit all financial, performance, and other reports to CDHS no later than 45 calendar days after the period of performance end date or sooner termination of this Contract containing an evaluation and review of Subrecipient's performance and the final status of  Subrecipient's obligations hereunder.  ) Matching Funds  Ifal box below is checked, the accompanying provision applies.  1.  Subrecipient is not required to provide matching funds.  ii. A Subrecipient shall provide matching funds as stated in Exhibit A. Subrecipient shall have raised the full amount of matching funds prior to the Effective Date and shall: report to CDHS regarding the status ofs such funds upon request. Subrecipient's obligation to pay all or any part ofa any matching funds, whether direct or contingent, only extends to funds duly and lawfully appropriated for the purposes oft this Contract by the authorized representatives oft the Subrecipient and paid into the Subrecipient' 's treasury or bank account. Subrecipient represents to CDHS that the amount designated as matching funds has been legally appropriated for the purposes of this Contract by its authorized representatives and paid into its treasury or bank account. Subrecipient does not by this Contract irrevocably pledge present cash reserves for payments in future fiscal years, and this Contract is not intended to create a multiple-fiscal year debt of the Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by  Subrecipient's laws or policies.  1. DEFINITIONS.  1.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to 1.1.1. "Award" means an award of Federal financial assistance, and the Contract setting forth the terms and conditions of that financial assistance, that a non-Federal Entity receives or administers.  them below.  1.1.1.1.1. 1.1.1.1.2. 1.1.1.1.3. 1.1.1.1.4. 1.1.1.1.5. 1.1.1.1.6. 1.1.1.1.7. 1.1.1.1.8. 1.1.1.1.9. 1.1.1.1.10. 1.1.1.1.11. 1.1.1.1.12. 1.1.1.1.13. 1.1.1.2.  Awards may be int the form of:  Grants; Contracts;  Cooperative Contracts, which do not include cooperative research and  development Contracts (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as  amended (15U.S.C. 3710);  Loans; Loan Guarantees; Subsidies; Insurance; Food commodities; Direct appropriations;  Assessed and voluntary contributions; and  Other financial assistance transactions that authorize the expenditure of Federal Any other items specified by OMB in policy memoranda available at the OMB  funds by non-Federal Entities.  website or other source posted by the OMB.  Award does noti include:  4    1.1.1.2.1. 1.1.1.2.2.  Technical assistance, which provides services in lieuofmoney;  A transfer oft title to Federaly-owned property provided in lieu of money; even if  theaward is called a grant.  5    Any award classified for security purposes; or  1.1.1.2.1.  Any award funded in whole or in part with Recovery funds, as defined in section  1512 of the American Recovery and Reinvestment Act (ARRA) of2009 (Public Law 111-5).  1.1.2. "Contract" means the Contract to which these Federal Provisions are attached and includes all 1.1.3. "Contractor" means the party or parties to a Contract funded, in whole or in part, with Federal  Award types in $ oft this Exhibit.  financial assistance, other than the Prime Recipient, and includes grantees, subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not 1.1.4. "Unique Entity ID number" or "UEI" is the Unique Entity ID number established by the federal government in the Unique Entity ID System to uniquely identify a business entity. For more, see:  include Vendors. www.sam.gov. 1.1.5. "Entity"means: 1.1.5.1.  Ifthe source of funding is a Grant: 1.1.5.1.1. aNon-Federal Entity; 1.1.5.1.2. ai foreign public entity; 1.1.5.1.3. ai foreign organization; 1.1.5.1.4. an non-profit organization;  1.1.5.1.5. adomestic for-profit organization (for20 CFR parts 25 and 170 only); 1.1.5.1.6. ai foreign non-profit organization (only for 2 CFR part 170) only); 1.1.5.1.7. a Federal agency, but only as a Subrecipient under an Award or Subaward 1.1.5.1.8. ai foreign for-profit organization (for 20 CFR part 170 only). 1.1.5.2.1. all oft the following as defined at 2CFR part 25, subpart C;  toa non-Federal entity (or 2CFR 200.1); or Ifthe source of funding is not a Grant:  1.1.5.2.  1.1.5.2.2. A governmental organization, which is a State, local government, or Indian  Tribe;  1.1.5.3. ai foreign public entity;  1.1.5.4. a domestic or foreign non-profit organization; 1.1.5.5. a domestic ori foreign for-profit organization; and  1.1.5.6. a Federal agency, but only a Subrecipient under an Award or Subaward to  anon- Federal entity.  1.1.6. "Executive" means an officer, managing partner or any other employee in a management position. 1.1.7, If the source of funding is a Grant, "Federal Awarding Agency" means a Federal agency providing a Federal Award to a Recipient as described in 2CFR 200.1. Ifthe source of funding is nota Grant, "Federal Award Identification Number (FAIN)" means an Award: number assigned by 1.1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by $6202 ofPublic Law 110-252. FFATA, as amended, also is referred toa as 1.1.9. "Federal Provisions" means these Federal Provisions subject to the Transparency Act and Uniform  al Federal agency to a Prime Recipient.  the-"Transparency. Act."  6    Guidance, as may be revised pursuant to ongoing guidance from the relevant Federal or State of  Colorado agency or institutions of higher education.  7    1.1.1. Ifthe source of funding is a Grant, "Grant" as used herein is the Contract to which these Federal 1.1.2. "Grantee" means the party or parties identified as such in the Grant to which these Federal 1.1.3. "Non-Federal Entity means a State, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a Federal Award as a Recipient or a 1.1.4. "Nonprofit Organization" means any corporation, trust, association, cooperative, or other  Provisions are attached.  Provisions are attached ift the source of funding is a Grant.  Subrecipient.  organization, not including IHEs, that:  1.1.4.1. Is operated primarily for scientific, educational, service, charitable, or similar 1.1.4.3. Uses net proceeds toi maintain, improve, or expand the operations oft the organization.  purposes ini the public interest; Isnot organized primarily for profit; and  1.1.4.2.  1.1.5. "OMB" means the Executive Office oft the President, Office of Management and Budget. 1.1.6. "Pass-through Entity" means a non-Federal Entity that provides a Subaward to a Subrecipient to 1.1.7. "Prime Recipient" means a Colorado State agency or institution ofhigher education that receives an Award, or, of the source of funding is a Grant it is that agency or institution identified as the 1.1.8. "Subaward" means an award by a Prime Recipient to a Subrecipient funded: in whole or in part bya Federal Award. The terms and conditions of the Federal Award flow down to the Subaward unless the terms and conditions of the Federal Award specifically indicate otherwise in accordance with 2 CFR 200.101 or 2CFR2 200.38, as applicable. Thet term does not include payments toa a contractor or 1.1.9. "Subrecipient" or, ifthe source offunding is a Grant, "Subgrantee". means a non-Federal Entity (ora Federal agency under an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrccipient is subjcct to the terms and conditions ofthe Federal Award to the Prime Recipient, including program compliance requirements. The term "Subrecipient" includes and may be referred to as Subgrantee. The term does not include an 1.1.10. "Subrecipient Parent UEI Number" means the subrecipient parent organization's 12-digit Unique Entity ID System (UEI) number that appears in the subrecipient's! System for Award Management 1.1.11. "System for Award Management (SAM)" means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at 1.1.12. "Total Compensation" means the cash and noncash dollar value earned by an Executive during the Prime Recipient's or Subrecipient's preceding fiscal year (see 48 CFR52.204-10, as prescribed in  carry out part ofal Federal program.  Grantor in the Grant to which these Federal Provisions are attached.  payments to an individual that is al beneficiary ofal Federal program.  individual who is a beneficiary ofa federal program.  (SAM)profile, ifapplicable. tp:/www.sam.gov.  48 CFR 4.1403(a), as applicable) and includes the following:  1.1.12.1.  Salary and bonus;  1.1.12.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount  recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised  2005)(FAS 123R), Shared Based Payments;  8    1.1.12.3. Eamings for services under non-equity incentive plans, not including group life,  health, hospitalization or medical reimbursement plans that do not discriminate ini favor ofExecutives and are available generally to all salaried employees. Change in present value of defined benefit and actuarial pension plans; Above-market earnings on deferred compensation whichi is not tax-qualified; severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds $10,000.  1.1.12.1. 1.1.12.2.  1.1.12.3. Other compensation, if the aggregate value of all such other compensation (e.g.,  1.1.13. "Transparency Act" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by $6202 ofPublic Law 110-252. The Transparency Act may 1.1.14. "Uniform Guidance" means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which, unless the source of funding is a Grant, supersedes requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A- 102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and conditions ofthe Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award 1.1.15. "Vendor" means a dealer, distributor, merchant or other seller providing property or services required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program  also be referred to as FFATA.  specifically indicate otherwise.  compliance requirements do not pass through to a Vendor.  2. COMPLIANCE.  2.1. Contractor/Grantee shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, including, but not limited to, all applicable Federal Laws and regulations required by this Federal Award. Any revisions to such provisions or regulations shall automatically become a part of these Federal Provisions, without the necessity of either party executing any further instrument. The State of Colorado, at its discretion, may provide written notification to Contractor/Grante: of such revisions, but such notice shall not be a condition precedent to the effectiveness ofs such revisions. SYSTEM FOR. AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID SYSTEM (UEDREQUIREMENTS  3.  3.1. SAM. Contractor/Grante: shall maintain the currency of its information in SAM until the Contractor/Grante: submits the final financial report required under the Award or receives final payment, whichever is later. Contractor/Grantec shall review and update SAM information at least annually after the initial registration, and more frequently ifrequired by changes in its information. 3.2. UEI. Contractor/Grantee shall provide its UEI number to its Prime Recipient, and shall update Contractor's/Grantee's: information in www.sam.gov at least annually after the initial registration, and  more frequently ifrequired by changes in ContractorsGrantee's information.  4. - TOTALCOMPENSATION.  4.1. Contractor/Grantee shall include Total Compensation in SAM for each of its five most highly 4.1.1. The total Federal funding authorized to date under the Award is $30,000 or more if the source of funding is a Grant, or otherwise $25,000 or more if the source of funding is not a Grant; and  compensated Executives for the preceding fiscal yearif:  4.1.2. Int the preceding fiscal year, Contractor/Grantee received:  9    4.1.2.1. 80% or more ofits annual gross revenues from Federal procurement contracts and  subcontracts and/or Federal financial assistance Awards or Subawards subject to the  Transparency Act; and  10    4.1.2.1. $30,000,000 or more in annual gross revenues from Federal procurement contracts and  subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act ift the source of funding is a Grant or otherwise $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act ift the through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange  source of funding is not a Grant; and  4.1.2.2. The public does not have access to information about the compensation ofsuch Executives  Act of 1934 (15  U.S.C.78m(a), 78o(d) or $ 6104 of the Internal Revenue Code of 1986.  5.  REPORTING.  5.1. rContractor/Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall report data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct payment shall be made to Grantee for providing any reports required under these Federal Provisions and the cost of producing such reports shall be included in the Contract/Grant price. The reporting requirements in this Exhibit are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract/Grant and shall become part of ContractorsGrantees  obligations under this Contract/Grant.  6.  EFFECTIVE DATE AND DOLLARTIRESHOLD FOR REPORTING.  6.1. Ift the source of funding is a Grant, Reporting requirements in $8 below apply to new Awards as of October 1, 2010, if the initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award modifications result in a total. Award of$30,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $30,000. Ift the initial Award is $30,000 or more, but funding is subsequently de-obligated such that the total award amount falls below $30,000, 6.2. Ifthes source of funding is not a Grant, Reporting requirements in $8 below apply to new Awards as of October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in at total Award of $25,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de-obligated such that the total award amount falls below $25,000, 6.3. The procurement standards in $8 below are applicable to new Awards made by Prime Recipient as of December 26, 2015. The standards set forth in $10 below are applicable to audits of fiscal years  the Award shall continue to be subject to the reporting requirements.  the Award shall continue to be subject to the reporting requirements.  beginning on or after December 26, 2014.  7. SUBRECIPIENT REPORTING REQUIREMENIS.  7.1. IrContractor/Grantee isa a Subrecipient, Contractor/Grantee shall report as set forth below.  7.1.1. TOSAM. A Subrecipient shall register in SAM and report the following data elements in SAMfor each Federal Award Identification Number (FAIN) assigned by a Federal agency to a Prime Recipient no later than the end of the month following the month in which the Subaward was 7.1.1.2. Subrecipient UEI Number ifr more than one electronic funds transfer (EFT) account; 7.1.1.4. Subrecipient's address, including: Street Address, City, State, Country, Zip (+ 4i if  made:  7.1.1.1. Subrecipient UEI Number;  7.1.1.3. Subrecipient parent'so organization UEI Number;  source of funding is a Grant or as otherwise directed per SAM directives for proper  11    reporting), and Congressional District;  7.1.1.5, Subrecipient's top 5 most highly compensated Executives ift the criteria in $4 above  are met; and  12    7.1.1.1. Subrecipient's Total Compensation oftop 5 most highly compensated Executives ifthe 7.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date  criteria in $4 above met.  of the Contract/Grant, the following data elements: 7.1.2.1. Subrecipient'sUED Number as registered in SAM.  7.1.2.2. Primary Place of Performance Information, including: Street Address, City, State,  Country, Zip code + 4, and Congressional District.  8.1 PROCUREMENT STANDARDS.  8.1. Procurement Procedures. A Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and applicable regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, 8.2. Ifthe source of funding is a Grant: Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited toi iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. 8.3. Procurement of Recovered Materials. Ifa Subrecipient is a State Agency or an agency of a political subdivision of the State, its contractors must comply with section 6002 ofthe Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40CFR part 247, that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified  including without limitation, 2 CFR 200.318 through 200.327 thereof.  int the EPA guidelines. 9. ACCESSTORECORDS.  9.1. A Subrecipient shall permit Recipient/Prime Recipient and its auditors tol have access to Subrecipient's records and financial statements as necessary for Recipient to meet the requirements of 2 CFR 200.311-200.332 (Requirements for pass-through entities), 2 CFR 200.300 (Statutory and national policy requirements), through 2 CFR 200.309 (Period of performance), and Subpart F-Audit  Requirements of the Uniform Guidance. 10. SINGLE AUDIT REQUIREMENIS.  10.1. Ifa Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient's fiscal year, the Subrecipient shall procure or arrange for a single or program-specitic audit conducted for that year in accordance with the provisions of Subpart F-Audit Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2CFR 200.501. 10.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform Guidance. 2 200.514 (Scope of audit), except when it elects to have a program-specific audit conducted in accordancc with 2 CFR 200.507 Program-specitic audits). The Subrecipient may elect to have a program-specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and development) and the Federal program's statutes, regulations, or the terms and conditions oft the Federal award do not require a financial statement audit of Prime Recipient. A program-specific audit may not be elected for research and development unless all of the  CFR  13    Federal Awards expended were received from Recipient and Recipient approves in advance a  program-specific audit.  14    10.1.1. Exemption. Ifa Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that year, except as noted 200.503 (Relation to other audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability 10.1.2. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial statements) and provide the auditor with açcess to personnel, accounts, books, records, supporting documentation, and other information as needed fort the auditor to perform the audit required by Uniform Guidance Subpart F-Audit Requirements.  in2 2 CFR Office.  11. CONTRACT/GRANT PROVISIONS FOR SUBRECEPIENT CONTRACTS.  11.1. In addition to other provisions required by the Federal Awarding Agency or the Prime Recipient, ContractorsGrantees that are Subrecipients shall comply with the following provisions. Subrecipients shall include all of the following applicable provisions in all subcontracts entered into by it pursuant to 11.1.1. [Applicable to federally assisted construction contracts.] Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. 11.1.2. [Applicable to on-site employees working on government-funded construction, alteration and repair projects.] Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C.3141-3148). 11.1.3. Rights to Inventions Made Under a contract/grant or agreement. Ifthe Federal Award meets the definition of "funding agreement"! "funding Contract" under 37 CFR 401.2 (a) and the Prime Recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement,7funding Contract", the Prime Recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the Federal 11.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended. Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal awardee(s) to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection  this Contract/Grant.  Awarding Agency.  Agency (EPA).  11.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220)  must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise  15    excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other  than Executive Order 12549.  16    11.1.1. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds toj pay any person or organization forinfluencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 11.1.2. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and recipients are subject to the regulations implementing "Never contract with the enemy" in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered contracts, grants and cooperative agreements that are expected to exceed $50,000 within the period of performance, are performed outside the United States and its territories, and are in support ofa contingency operation in which members 11.1.3. Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR 200.216). Grantee is prohibited from obligating or expending loan or grant funds on certain eleommunications and video surveillance services or equipment pursuant to 2CFR 200.216.  oft the Armed Forces are actively engaged in hostilities.  12. CERTIFICATIONS.  12.1. Unless prohibited by Federal statutes or regulations, Recipient/Prime Recipient may require Subrecipient to submit certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR 200.208. Submission may be required more frequently ifs Subrecipient fails to meet ai requirement of the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project or activity was completed or the level of effort was expended. 2 CFR 200.201(3). Ifthe required level ofactivity or effort was not carried out, the amount of the Award must  be adjusted. 13. EXEMPTIONS.  13.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 13.2. A Contractor/Grantee with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most  highly compensated Executives.  14. EVENTOF DEFAULTANDTERMINATION.  14.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Contract/Grant and the State of Colorado may terminate the Contract/Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30-day notice period. This remedy will be in addition to any other remedy available to the State ofColorado under the 14.2. Termination (2CFR 200.340). The Federal Award may be terminated in whole ori inj part as follows: 14.2.1. By the Federal Awarding Agency or Pass-through Entity, ifa Non-Federal Entity fails to comply 14.2.2. By the Federal awarding agency or Pass-through Entity, to the greatest extent authorized by law, if  Contract/Grant, at law ori in equity.  with the terms and conditions ofa Federal Award;  an award no longer effectuates the program goals or agency priorities;  17    14.2.1. By the Federal awarding agency or Pass-through Entity with the consent of the Non-Federal Entity, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; 14.2.2. By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass-through Entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, ifthe Federal Awarding Agency or Pass-through Entity determines in the case of partial termination that the reduced or modified portion of the Federal Award or Subaward will not accomplish the purposes for which the Federal Award was made, thel Federal Awarding Agency or Pass-through Entity may terminate the Federal 14.2.3. By the Federal Awarding Agency or Pass-through Entity pursuant to termination provisions  Award in its entirety; or included int the Federal Award.  AAA Subcontract Provisions  Indemnification To the extent permitted by law, Subcontractor shall indemnify, save, and hold harmless the San Juan Basin Area Agency on Aging and the State of Colorado, as well as both 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. Background Checks( (only required for contractors providing services via one-on-one contact or any ofthe following services: personal care, counseling, homemaker, chore, adult day, respite, transportation, Long- Term Care Ombudsman, home delivered meals, support groups, legal services, evidence-based services, Prior to the delivery of services, a records check through the Colorado Bureau ofInvestigation (CBI) or another backgroundcheck: systemthat providesinfomationat lhesamelevelofdetailorigherthanthecB records check, shall be conducted forall employees, volunteers, and subcontractors providings services. Ifan employee, volunteer, or subcontractor has resided in Colorado for less than two years, national Volunteers under the age of 18 years old shall not be required to undergo a background check as long as they are directly supervised and overseen by someone who is over the age of 18 years old who has successfully passed the background check requirement and they are not volunteering for unsupervised one- to-one services or any of the services listed above with the exception of Chore services and Home delivered Ifapotential employee, volunteer, Oratpontractororatronriemplyetaitehasbemconvictedorany  andone-to-ones services).  background check shall be completed.  meals.  ofthet following offenses, that individual shall be disqualified.  (a). A crime of violence;  18    (b). Any felony offense involving unlawful sexual behavior;  (c) Any felony domestic violence; (d). Any felony offense of child abuse; or (e) Any similar felony offense in any other state.  Ifaj potential employee, volunteer, subcontractor, or subcontractor's employee has been convicted ofany of the following offenses, thati individual shalll be disqualifiediflesst than ten years has passed since the final discharge ofallt terms ofthe sentence imposed as ai result oft the conviction.  (a) Third degree assault;  (b) Any misdemeanor domestic violence; (c) Violation ofap protection order; (d). Any misdemeanor offense of childabuse;  (e) Any misdemeanor offense ofs sexual assault on a client by aj psychotherapist, or  () Any similar misdemeanor offense in any other state.  mployees,volunters,orstcontractorsresponsiblelortransporungindiv/duaishalpossessavalid Coloradodriver's license, andshallnothavehadanyalcoholaubitancerelatedconvicionsinthepasthree  yeam,oranaceidmtwhere the individual was at fault within the past two years.  Insurance  Subcontractor shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as specifiedi int this section at allt times during thei term ofthis Contract. Allinsurancepolicies required by this Contracts shall bei issued byi insurance companies as approved by the State.  A.General Liability  Commercial general liability insurance covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with  minimum limits as follows:  i ii. im. iv.  $1,000,000 each occurrence; $1,000,000 general aggregate; $50,000 any 1fire.  $1,000,000 products and completed operations aggregate; and  B. Workers' Compensation  "Workers' compensation insurance as required by state statute, and employers' liability insurance covering all Subcontractor employees acting within the course and scope oft their employment.  NOTE: "Additional Insured" status doesn'texist on a work comp policy with any carrier,  therefore a waiver of subrogation is required instead.  19    C.Automobile Liability minimum limit of D.Protected Information  Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a  $1,000,000 each accident combined single limit.  LiabilityinsurancecoyeringallossofssofsuateConfidentialinformation,suchasPI,PHI,PCLTaxinformation, andCJI,and claims based on alleged violationsofprivacyrighthoughimpopereseordiselosureof  protectedinformation with minimum limits asi follows:  . ii. ii. iv.  $1,000,000 each occurrence; and $2,000,000 general aggregate.  Notwithstanding: sections DOand(ipabove,ifsubcontractorhas: State Confidential Information for 10orf fewer individuals ori revenues of$250,0000 orl less, Subcontractor Notwithstanding: sections DOmdtPAgsswnew has State Confidential Information: for2 25 or feweri individuals or revenues of$500,000 orl less, Subcontractor  shall maintain limits ofnot less than $50,000. shall maintain limits of not lesst than $100,000.  E.Professional Liability Insurance with minimum limits asi follows: a. $1,000,000 each occurrence; and ii. $1,000,000 general aggregate. F.C Cyber/Net. Security-Privacy Liability Insurance  Professionall labililynsuranecoveringydamgscusdlymemopomisomnoranynegigentact  Protected Information Insurance (described above) covers only the cost of a data breach (e.g. release of PII or PHI). The Contract requires only Protected Information Insurance, but ift the Subcontractor holds Cyber Liability is more comprehensive ini that it covers the costs ofa an entity to recover from a data breach or a cyber attack. For example, costs to repair the network ifit was damaged during the attack Both types of coverage will normally provide credit monitoring services to third parties whose data has NOTE: The current contract does not require this type ofi insurance; only Protected Information Insurance is required. However, you may find that insurance providers are bundling these two types of  Cyber Liability, it will often include Protected Information coverage.  or the costs of data restoration.  been breached.  insurance together. G. Additional Insured ContractorandSubcontractors. H.Public Entities  The States shalbenamedasadlionulisundenalicommecialgmamaliahlyoliciesdeusesand construction contractsrequreadditionalinsuredcoyerageforcompletedoperations)requiredot  IfSubcontractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, $24-10- 101, et seq., CRSthediA7.sktonracter:halmainin: inl lieuofthel ahlymunergurmens stated above,atalltimesduring the term oft this Contract such liability insurance, by commercial policy or self-  20    insurance, as is necessary to meet its lablitiesunderthediA.  21        DR 0006 (10/02/20) COLORADO DEPARTMENT OF REVENUE Local Government: Supporl, Room 203 PO. Box 17087 Denver CO 80217-0087  Memorandum  of Understanding  for Control of Confidential Data  Pmoga21A.CRS. andf for the purpose ofc obtainingt from the Coloradol Department of Revenue ("Department"), confidential information concerning local sales taxes collected and administered by the Department on behalf of the city/  county/special district (hereafter referred to as Jurisdiction")  of (Name)  San Juan County (Title).  appoints an employee  William A. Tookey  County Administrator  oft the. Jurisdiction, to receive this confidential information. The appointee, on behalf of the. Jurisdiction and on his or her own  behalf, hereby agrees as follows: A. Safeguarding Confidential Information:  1. To store and maintain confidential information in a secure place, physically and/or electronically. 2. To keep adequate records of what confidential information is received and the disposition thereof. 3. Tor restrict access tos such information to persons whose duties and responsibilities require such access, and to make 4. The information obtained pursuant to this agreement shall be used only for the purpose of administration and enforcement of the sales and/or use tax laws of the undersigned Jurisdiction of the State of Colorado 5. To keep confidential the Jurisdiction's sales tax account number, user ID and computer password(s) issued by the Department, and to immediately provide written notification to the Department of any change in person designated 6. To keep confidential the monthly report Web site address and the Department's local government support 7. To allow the Department to review the adequacy of the safeguard measures established hereunder. 8.1 Iti is understood and agreed that if any of these safeguards are violated, the Department may refuse to furnish any additional information concerning the status of vendor's accounts and/or impose additional or alternative safeguard procedures. Itisunderstood: and agreed that violators ofc confidentiality statutes may bes subject to criminal prosecution 1. The Jurisdiction shall take an active role in identifying retailers within the boundaries, including, but not limited to, reviewing monthly Department Site and Open or Closed Accounts reports to determine whether retailers are incorrectly excluded or included in Department reports and timely advising the Department of annexations or other 2. The Jurisdiction shall contact said retailers who are not correctly identified in Department Site and Open or Closed Accounts reports to determine whether such retailers should be included or excluded on monthly reports. 3. The Jurisdiction shall timely notify the Department of corrected information or unresolved issues concerning 4. The information obtained pursuant to this agreement shall be used only for the purpose of administration and enforcement of the sales andlor use tax laws of the undersigned jurisdiction oft the State of Colorado.  certain that confidential information is not disclosed to unauthorized persons.  intl this Memorandum and/or the need for a new password for any reason.  email address.  and removal from office. B. Maintaining Accurate Records:  changes in the jurisdiction involving retailers.  said retailers. Municipality or County of Jurisdiction Mailing Address Appointee Name" Appointee Signature  Date Appointee Phone Number Title Appointee Email ** Title  County of San Juan PO Box 466, Silverton, CO 81433 William A. Tookey  September 25, 2024 970-387-5766 County Administrator admin@sanjuancolorado.us Chairman BOCC cmn@sanpancoonous Deputy Executive Director  Name of Chief Administrative Officer or Designee* Chief Administrative Officer or Designee Signature  Austin Lashley  ChiefA Administrative Officer or Designee Email  Department of Revenue Approval  By  Title  Signature oft the chief administrative officer or his/her designee who has authority to enter into contractual agreements on behalf of thej jurisdiction. Thave read thel Memorandum of Understanding on Control of Confidential Data as set forth above andl promise and agree to safeguard all Notification ofr matters related tot the Local Government Sales Tax Information System will bes sent to this email address. The User ID: and Password  The person signing should bes someone other than the appointee.  confidential information received from the Department of Revenue under this agreement.  will also be sent tot this email address.    DR 1618 (11/15/17) COLORADOI DEPARTMENT OF REVENUE Local Government Support, Rm 203 POE Box 17087 Denver, CO 80217-0087  Memorandum  of Understanding  for Control of Confidential Data State Retail Marijuana Sales Tax  for  Pursuant to $39-28. 8-203 (1)(a)(IV) and $39-21-113 (4), C.R.S., each local government upon request and for the purpose of obtaining from the Colorado Department of Revenue (Department) confidential information concerning state retail marijuana sales taxes distributed to the local government by the Department, the local government of (municipality an employee of the local government, to receive this confidential information. The appointee, on behalf of the local government  or county name), Appoints (Name)  San Juan County  William A. Tookey  (Title),  County Administrator  and on his or her own behalf, hereby agrees as follows: A. Safeguarding Confidential Information:  1.Tos store and maintain confidential information in a secure place, physically and/or electronically. 2. To keep adequate records of what confidential information is received and the disposition thereof.  3. To restrict access to such information to persons whose duties and responsibilities require such access, and to make certain 4. The information obtained pursuant to this agreement shall be used only for the purpose of administration and distribution of the state retail marijuana retail sales tax distribution toi the undersigned local government of the State of Colorado. 5.T To NOT divulge or make known in any way, including but not limited to, publications such as budget documents or annual reports, any information which identifies or permits the identification of the amount of sales taxes collected or paid by an 6. To keep confidential the local governments account number, user ID and computer password(s) issued by the Department, and to immediately provide written notification to the Department of any change in person designated in this Memorandum 7.T To keep confidential the monthly report Web site address and the Department's local government support email address. 9.Itis understood and agreed that if any of these safeguards are violated, the Department may refuse tot furnish any additional information and/or may impose additional or alternative safeguard procedures. Iti is understood and agreed that violators of 1. The local government shall take an active role ini identifying retailers within the boundaries, including, but not limited to. reviewing monthly Department reports to determine whether retailers are incorrectly excluded ori included in Department reports and timely advising the Department of annexations or other changes in thej jurisdiction involving retailers. 2. The local government shall contact said retailers who are not correctly identified in Department reports to determine whether 3. The local government shall timely notify the Department of corrected information or unresolved issues concerning said  that confidential information is not disclosed to unauthorized persons.  individual licensed vendor.  and/or the needi for a new password for any reason.  8. To allow the Department to review the adequacy of the safeguard measures established hereunder. confidentiality statutes may be subject to criminal prosecution and removal from office.  B Maintaining Accurate Records:  such retailers should be included or excluded on monthly reports.  retailers. Local Government Local Government Mailing Address Appointee Name" Appointee Signature  Date Appointee Phone Number Title Appointee Email"" Title  San Juan County PO Box 466, Silverton, CO 81433 William A. Tookey Austin Lashley  September 25, 2024 970-387-5766 County Administrator cmneanpancooaous Chairman BOCC omn@anpancooacous Deputy Executive Director  Name of Chief Administrative Officer or Designee" Chief Administrative Officer or Designee Signature  Chief Administrative Officer or Designee Email  Department of Revenue Approval  By  Title  Signature oft the chief administrative officer or his/her designee who has authority to enter into contractual agreements on behalf oft the local Ihave read the Memorandum of Understanding on Control of Confidential Data as setf forth above and promise and agreet tos safeguard all Notification ofr matters related to the State Retail Marijuana Sales Tax Information System will be sent to this email address. The User ID and  government. The person signing should be someone other than the appointee. confidential information received from the Department of Revenue under this agreement.  Password willa also be sent tot this email address.    777-0217993-000  EXHIBIT A  DESCRIPTION OF EQUIPMENT  QUANTITY  DESCRIPTION  SERIALI NUMBER C30257  SALES PRICE $180,530.00  Komatsu PCI38USLC-11 Hydraulic Excavator INCLUDES: 30" Werk Brau Bucket; Quick Coupler; Thumb  Cash Down Total Amount to Finance:  $0.00 $180,530.00  EQUIPMENTLOCATION AND PRIMARYUSE  Primary Use: General Construction  KF68IR (06/92) For Use With KF680R and KF682R    (TO BE RETYPED ON LETTERHEAD OF LESSEE'S COUNSEL)  September 25, 2024  Komatsu Financial Limited Partnership 8770 W. Bryn Mawr Ave., Suite 100 Chicago, IL 60631 Subject:  Lease/Purchase Agreement dated September: 25, 2024 Account Number 777-0217993-000  Gentlemen,  Ihave acted as Counsel to the SAN JUAN COUNTY (the "Lessee") with respect to that certain Equipment Lease/Purchase Agreement (the "Agreement") dated February 24, 2021, by and between POWER MOTIVE CORPORATION and the Lessee. Ihave reviewed the Agreement and such other documents, records and certificates ofLessee and appropriate public officials as I  have deemed relevant and am ofthe opinion that:  1) The Lessee is aj political subdivision ofthe State ofColorado;  2) The execution, delivery and performance of the Lessee of the Agreement have been duly 3) The Agreement constitutes a legal, valid and binding obligation oft the Lessee enforceable  authorized by all necessary action on the part oft the Lessee; and  in accordance with its terms.  Very truly yours,  KF683R (02/95)    To: SANJUAN COUNTY  Re: SAN JUAN COUNTY  Municipal Lease Number 777-0217993-000 (100,000 or more)  Dear SANJ JUAN COUNTY: documentation consists of:  Attached are the forms for the completion of subject municipal lease. The enclosed  O Equipment Lease - Purchase Agreement with Exhibit "A" and Exhibit "B".  - Sample copy of lessee's Opinion of Counsel to be retyped on lessee's letterhead,  signed and returned. IRS Form 8038-G.  To assure that a transaction has tax-exempt status, form 8038-G (Information Return for Tax-Exempt Governmental Bond Issues) must be filed with the Internal Revenue Service by the Lessee, based on the facts as of the issue date, where the issue (amount to be financed) is $100,000 or more. A copy of 8038-G must be submitted as a part of the documentation and follow-up must be maintained to assure that the 8038-G has been filed All documentation should be executed by authorized personnel for lessee, lessor and lessee's counsel and dated where indicated. The UCC financing statement(s) islare to be signed by the debtor and secured party and filed with the designated jurisdiction(s). A copy of the filed financing statement should be returned along with the executed documents to Komatsu Financial Limited Partnership to serve as evidence of filing until the When all documentation has been executed properly and returned to us, along with Certificate of Insurance showing Komatsu Financial Limited Partnership as loss payee, the  with the IRS.  acknowledgment copy(s) islare received.  transaction will be funded.  Ify you have any questions, please feel free to contact us at (800) 346-2677.  Sincerely, KF687R (6/92)    CERTIFICATE OF ACCEPTANCE Equipment Lease (the "Agreement"), By and Between Komatsu Financial Limited Partnership (Lessor) and SAN JUAN COUNTY (Lessee) Dated: September 25, 2024  1. ACCEPTANCE: In accordance with the Agreement, Lessee hereby certifies that all of the Equipment described therein been received by Lessee, (i) has been thoroughly examined andi inspected to the extent andi in the manner Lessee deems necessary and appropriate to the complete satisfaction of Lessee, (ii) has been found by Lessee to be in good by Lessee, (v) has been found to be and is wholly suitable for Lessee's purpose, and (vi) is hereby unconditionally accepted  has condition repair, Lessee, the condition in revocation 2. EQUIPMENT:  (i) order, operating by of rights  and appearance, (iv) has been found to be of thes size, capacity, design, quality, type and manufacture specified received, for all purposes of the Agreement and Lessee hereby unconditionally waives all  with respect thereto.  KOMATSU PC138USLC-11 Hydraulic Excavator, S/N C30257  3. INSURANCE: Lessee certifies that property and liability insurance have been secured in accordance with the Agreement and such coverage will be maintained in full force for the term of the Agreement. Komatsu Financial Limited Partnership will be designated loss payee with respect to property insurance until Lessee is notified, in writing, to substitute a new loss payee and Komatsu Financial Limited Partnership and Komatsu America Corp. will each be designated as additional insured with respect to liability insurance, until Lessee is notified, in writing, to substitute a new additional insured. Copies of certificates with respect to 4. MAINTENANCE: In accordance with Section 3 of the Agreement, Lessee agrees to, at its own expense, service, repair and  such insurance are attached hereto.  maintain the Equipment for thet term of the Agreement as follows  Maintenance contract, copy attached Elect to self-maintain  5. LESSEE'S OBLIGATIONS: The Lessee agrees that its obligation to Lessor is absolute and unconditional and that Lessor is not the manufacturer, distributor or seller of the Equipment: and has no knowledge or familiarity with it. The Lessee agrees thati it will settle all claims, defenses and counterclaims it may have directly with the manufacturer, distributor or seller of the Equipment  and will not assert or set off any such claims, defenses or counterclaims against Lessor ori its assigns.  LESSEE: SAN JUAN COUNTY  By:  (name typed orp printed) (titie)  (fcorporation, have signed by President or Vice President and give official  title. Ifowner orp partner, state which.)  ACCEPTED AS OF THIS 26"h day of September 2024.  KF742R (04/17)    KOMATSU FINANCIAL Prepared For: Prepared By:  Amortization Schedule  Date: 2024-08-30  SANJUANG COUNTY POWERI MOTIVE CORPORATION  Term: 60 Customer Rate: 6.7500 % App. Number: 186453  Amount Financed: $180,530.00  Principal Balance $139,407.70 $139,407.70 $139,407.70 $139,407.70 $139,407.70 $139,407.70 $139,407.70 $139,407.70 $139,407.70 $139,407.70 $139,407.70 $107,992.07 $107,992.07 $107,992.07 $107,992.07 $107,992.07 $107,992.07 $107,992.07 $107,992.07 $107,992.07 $107,992.07 9107,992.07 $107,992.07 $74,389.04 $74,389.04 $74,389.04 $74,389.04 $74,389.04 $74,389.04 $74,389.04 $74,389.04 $74,389.04 $74,389.04  Per 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33  Date 2024-10 2024-11 2024-12 2025-01 2025-02 2025-03 2025-04 2025-05 2025-06 2025-07 2025-08 2025-09 2025-10 2025-11 2025-12 2026-01 2026-02 2026-03 2026-04 2026-05 2026-06 2026-07 2026-08 2026-09 2026-10 2026-11 2026-12 2027-01 2027-02 2027-03 2027-04 2027-05 2027-06  Payment $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $41,122.30 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $41,122.30 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00  Principal $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $31,415.63 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 S0.00 $33,603.03 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00  Interest $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $9,706.67 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 S7,519.27 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00  This Schedule recaps the activity between payments and is fori informational purposes only. Payoff  Page 1of2  balances must be calculated by Komatsu Financial Representatives.    KOMATSU FINANCIAL Prepared For: Prepared By:  Amortization Schedule  Date: 2024-08-30  SANJUAN COUNTY POWER MOTIVE CORPORATION  Term: 60 Customer Rate: 6.7500 % App. Number: 186453  Amount Financed: $180,530.00  34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60  2027-07 2027-08 2027-09 2027-10 2027-11 2027-12 2028-01 2028-02 2028-03 2028-04 2028-05 2028-06 2028-07 2028-08 2028-09 2028-10 2028-11 2028-12 2029-01 2029-02 2029-03 2029-04 2029-05 2029-06 2029-07 2029-08 2029-09 Totals  $0.00 $0.00 $41,122.30 S0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $41,122.30 S0.00 S0.00 S0.00 $0.00 S0.00 S0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1.00 $205,612.50  $0.00 $0.00 $35,942.74 $0.00 $0.00 $0.00 S0.00 $0.00 S0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $38,445.36 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.93 $180,530.00  S0.00 $0.00 $5,179.56 $0.00 $0.00 $0.00 S0.00 S0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 S2,676.94 $0.00 S0.00 S0.00 $0.00 $0.00 S0.00 S0.00 $0.00 $0.00 $0.00 $0.00 $0.07 $25,082.50  $74,389.04 $74,389.04 $38,446.30 $38,446.30 $38,446.30 $38,446.30 $38,446.30 $38,446.30 $38,446.30 $38,446.30 $38,446.30 $38,446.30 $38,446.30 $38,446.30 $0.94 $0.94 $0.94 $0.94 $0.94 $0.94 $0.94 $0.94 $0.94 $0.94 $0.94 $0.94 $0.00  This Schedule recaps the activity between payments andi is fori informational purposes only. Payoff  Page 2 of2  balances must be calculated by Komatsu Financial Representatives.    777-0217993-000  KOMATSU FINANCIAL  MUNICIPAL EQUIPMENT LEASE-PURCHASE AGREEMENT  THIS LEASE-PURCHASE AGREEMENT (hereinafter referred to as "Agreement") by and between POWER MOTIVE CORPORATION (hereinafter referred to as "Lessor"), and SAN JUAN COUNTY, a political subdivision of the State of WITNESSETH: In consideration of the mutual covenants and conditions hereinafter set forth, the parties hereto agree 1. Term and Payments. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the equipment described in Exhibit AI hereto (hereinafter, with all replacement parts, substitutions, proceeds, increases, additions, accessions, repairs and accessories incorporated therein or affixed thereto, referred to as the "Equipment") for the amounts to be paid in the sums and on the dates set forth in Exhibit BI hereto. Except as specifically provided in Paragraph 2 hereof, the obligation of the Lessee to make the payments called fori in Exhibit B hereto shall be absolute and unconditional in all events and shall not be subject to any set-off, defense, counterclaim, or recoupment for any reason. The term of the lease hereunder shall commence upon the acceptance of possession of the Equipment by Lessee (or acceptance by Lessee of delivery of the first item of Equipment if this Agreement involves multiple items of Equipment) and shall continue until the end of the Lessee's current fiscal period and thereafter for such additional fiscal periods as are necessary to complete the anticipated total lease term as set forth in Exhibit B, unless earlier terminated as provided herein. In accordance with the Agreement, Lessee hereby certifies that all of the Equipment (i) has been received by Lessee, (ii) has been thoroughly examined and inspected to the complete satisfaction of Lessee, (iii) has been found by Lessee to be in good operating order, repair and condition, (iv) has been found to be of the size, design, quality, type and manufacture specified by Lessee, (v) has been found to be and is wholly suitable for Lessee's purpose, and (vi) is hereby unconditionally accepted by Lessee, in the condition received, for all purposes 2. Renewal and Nonappropriation. Lessee agrees that it will take all necessary steps and make timely requests for the appropriation of funds to make all payments called for under Exhibit B and use its best efforts and take all steps to cause such appropriations to be made. In the event that (i) funds for the succeeding fiscal period cannot be obtained, (ii) Lessee has exhausted all legally available means for making the payment called for under this Agreement, (iii) Lessee has invoked and diligently pursued all legal procedures by which payment called for under this Agreement may be made, (iv) such failure to obtain funds has not resulted from any act or failure to act of Lessee, (v) Lessee has not acquired, and has no intent to acquire during the subsequent fiscal period, items of property having functions similar to those of the Equipment or which provide similar benefits to Lessee, and (vi) no funds have been appropriated for the acquisition of such property, then Lessee may terminate this Agreement at the end of any fiscal period during the payment schedule set forth in Exhibit BI by giving notice to Komatsu Financial Limited Partnership, 1701 W. Golf Road, Rolling Meadows, IL 60008 or at such other place as Lessor or its successors and assigns may from time to time hereafter designate, at least 60 days prior to the first day of such fiscal period for which appropriations cannot be made. Such failure to obtain proper appropriation and approval of the full amount of funds necessary to make required payments hereunder during any fiscal period subsequent to the current fiscal period shall terminate all of Lessee's right, title and interest in obligations under this Agreement to all the Equipment, effective on the last 3. Taxes. In addition to the payments to be made pursuant to Paragraph 1 hereof, Lessee agrees to indemnify and hold Lessor harmless from and against and to pay Lessor, as additional rent, on demand an amount equal to all license, assessments, sales, use, real or personal property, gross receipts or other taxes, levies, imposts, duties or charges, if any, together with any penalties, fines or interest thereon imposed against or on Lessor, Lessee or the Equipment by any governmental authority upon or with respect to the Equipment or the purchase, ownership, rental, possession, operation, return or sale of, or receipt of payments for, the Equipment, except any Federal or State income taxes, if any, payable by Lessor. Lessee may contest any such taxes prior to payment provided such contest does not involve any risk of sale, forfeiture  Colorado (hereinafter referred to as "Lessee").  as follows:  of the Agreement.  day of the last fiscal period for which appropriation or approval was properly obtained.  orl loss of the Equipment or any interest therein.  4. Lessee's Covenants and/ Representations. Lessee covenants and represents as follows:  (a) Lessee represents, and will provide an opinion of its counsel to the effect that, it has full power and  authority to enter into this Agreement which has been duly authorized, executed, and delivered by Lessee and is a valid and binding obligation of Lessee enforceable in accordance with its terms, and all requirements for execution, delivery and    777-0217993-000  pertormance of this Agreement have been, or willl be, complied with in a timely manner;  (b) All payments hereunder have been, and will be, duly authorized and paid when due out of funds then on  hand and legally available for such purpose; Lessee will, to the extent permitted by State law and other terms and conditions of this Agreement, include in its budget for each successive fiscal period during the term of this Agreement a sufficient amount to permit Lessee to discharge all its obligations hereunder; and, Lessee has budgeted and has available for the current fiscal  period sufficient funds to comply with its obligations hereunder; or contemporaneously with this Agreement are true and correct;  (c) There are no pending or threatened lawsuits or administrative or other proceedings contesting the (d) Information supplied and statements made by Lessee in any financial statement or current budget prior to (e) Lessee has an immediate need for, and expects to make immediate use of, substantially all the (f) The Equipment is essential to the proper, efficient and economic operation of the Lessee, and there are no (g) Lessee's right to terminate this Agreement as specified in Paragraph 2 hereof was not an independently (h) Lessee shall execute and file any document required, pursuant to Section 149(e) of the Internal Revenue 5. Use and Licenses. Lessee shall pay and discharge all operating expenses and shall cause the Equipment to be operated by competent persons only. Lessee shall use the Equipment only for its proper purposes and will not install, use, operate or maintain the Equipment impropery.carelesly, or in violation of any applicable law, ordinance, rule or regulation of any governmental authority, or in a manner contrary to the nature of the Equipment or the use contemplated by its manufacturer. Lessee shall keep the Equipment at the location stated on Exhibit A, until Lessor in writing permits its removal, and the Equipment shall be used solely in the conduct of the Lessee's operations. Lessee shall obtain, at its expense, all registrations, permits and licenses, if any, required by law for the installation and operation of the Equipment. License plates used on the Equipment shall be issued in the name of the Lessee. Ifa certificate of title is issuable with respect to the 6. Maintenance. Lessor shall not be obligated to make any repairs or replacements. At its own expense, Lessee shall service, repair and maintain the Equipment in as good condition, repair, appearance and working order as when delivered to Lessee hereunder, ordinary wear and tear from proper use alone excepted, and shall replace any and all parts thereof which may from time to time become worn out, lost, stolen, destroyed, or damaged beyond repair or rendered unfit for intended use, for any reason whatsoever, all of which replacements shall be free and clear of all liens, encumbrances and claims of others, and shall become part of the Equipment and subject to this Agreement. Lessor may, at its option, discharge such costs, expenses and insurance premiums necessary for the repair, maintenance, and preservation of the Equipment, and all sums sO  authority for, authorization or pertormance of, or expenditure of funds pursuant to this Agreement;  Equipment, which need is not temporary or expected to diminish in the foreseeable future; specifically, Lessee will not give priority or parity in the appropriation of funds for the acquisition or use of any additional property for purposes or functions circumstances presently affecting the Lessee that could reasonably be expected to alter its foreseeable need for the Equipment bargained for consideration, but was included solely for the purpose of complying with the requirements of the laws of the Code of 1986, as amended, and the regulations promulgated thereunder, to report the issuance of this Agreement.  similar to the Equipment's;  ora adversely affect its ability or willingness to budget funds for the payment of sums due hereunder;  State in which Lessee is located; and  Equipment, its shall be delivered to the Lessor showing thei interest of the Lessor.  expended shall be duei from Lessee in addition to rental payments hereunder.  7. Alterations.  (a) Lessee may, at its own expense, install or place in or on, or attach or affix to, the Equipment such  equipment or accessories as may be necessary or convenient to use the Equipment for its intended purposes provided that such equipment or accessories do not impair the value or utility of the Equipment. All such equipment and accessories shall be removed by Lessee upon termination of this Agreement, provided that any resulting damage shall be repaired at Lessee's improvements to the Equipment except as required or permitted hereunder. Any other alterations, modifications or improvements to the Equipment shall immediately become part of the Equipment, subject to the provisions hereof. Without the prior written consent of Lessor, Lessee shall not affix or attach any of the Equipment to any real property. The Equipment shall remain personal property regardless of whether it becomes affixed or attached to real property or permanently rests  expense. Any such equipment or accessories not removed shall become the property of Lessor.  (b) Without the written consent of Lessor, Lessee shall not make any other alterations, modifications or  upon real property or anyi improvement thereon.  (c) Lessee shall not remove, disable or impair in any manner the unit monitoring system, such as 8. Liens. Lessee shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, security interest, pledge, lien, charge, encumbrance or claim on or with respect to the Equipment, title thereto, or any interest therein, except 9. Damage to or Destruction of Equipment. Lessee shall bear the entire risk of loss, damage, theft, or destruction of the Equipment from any and every cause whatsoever, and no loss, damage, destruction or other event shall release Lessee  KOMTRAXor VHMS, if equipment is so equipped with such system.  the respective rights of Lessor and Lessee hereunder.    777-0217993-000  from the obligation to pay the full amount of the rental payments or from any other obligation under this Agreement. Lessee shall replace the same with like property in good repair of like value, acceptable to Lessor, at Lessee's sole cost and expense as soon thereafter as possible and any such replacement shall become subject to this Agreement. If insurance is in effect with respect to the Equipment, insurance proceeds received by Lessor with respect to any such casualty shall be paid to as to that part of1 the Equipment lost, stolen, destroyed or damaged beyond repair, and recover from Lessee the amount of the unpaid principal balance applicable to Equipment lost, stolen, destroyed or damaged beyond repair as of the last date on which a payment was made pursuant to Paragraph 1 hereof, together with interest thereon at the rate specified in Exhibit B from such payment date to the date of such termination, and less insurance proceeds, if any, received and retained. IfLessor exercises its option hereunder, the principal portion of the payments required to be made thereafter by Lessee pursuant to Paragraph 1 and the subsequent Option to Purchase Values set forth in Exhibit B shall be reduced in the proportion which the original cash sale price of the part of the Equipment lost, stolen, destroyed or damaged beyond repair bore to the aggregate 10. Insurance. Lessee shall either be self-insured with regard to the Equipment or shall purchase and maintain insurance with regard to the Equipment. If Lessee elects to be self-insured with regard to this Agreement, it may do so only with the prior consent of Lessor. Whether Lessee is self-insured or company insured, Lessee shall, for the term of this Agreement, at its own expense, provide comprehensive liability insurance with respect to the Equipment, insuring against such risks, and such amounts as are customary for lessees of property of a character similar to the Equipment. In addition, Lessee shall, for the term of this Agreement, at its own expense, provide casualty insurance with respect to the Equipment, insuring against customary risks coverage at all times not less than the amount of the unpaid principal portion of the payments required to be made pursuant to Paragraph 1 as of the last preceding payment date specified in Exhibit B on which a payment was made. If insurance policies are provided with respect to the Equipment, all insurance policies shall be with insurers authorized to do business in the State where the Equipment is located and shall name both Lessor and Lessee as insureds as their respective interest may appear. Insurance proceeds from casualty losses shall be payable solely to the Lessor, subject to the provisions of Paragraph 9. Lessee shall, upon request, deliver to Lessor evidence of the required coverages together with premium receipts, and each insurer shall agree to give Lessor written notice of nonpayment of any premium due and ten (10) days notice prior to cancellation or alteration of any such policy. Lessee shall also carry and require any other person or entity working on, in or about the Equipment to carry workmen's compensation insurance covering employees working on, in or about the Equipment. In the event Lessee fails, for any reason, to comply with the requirements of this Paragraph, Lessee shall indemnify and save harmless, and, at Lessee's sole expense, defend Lessor and its agents, 11. Indemnification. Lessee shall indemnify and save harmless Lessor and its agents, employees, officers and directors from and, at Lessee's expense, defend Lessor and its agents, employees, officers and directors against all liability, obligations, losses, damages, penalties, claims, actions, costs and expenses (including but not limited to reasonable. attorneys' fees) of whatsoever kind or nature which in any way relate to or arise out of this Agreement or the ownership, rental, possession, operation, condition, sale or return of the Equipment. All amounts which become due from Lessee under this Paragraph 11 shall be credited with any amounts received by the Lessor from insurance provided by the Lessee and shall be payable by Lessee within thirty (30) days following demand therefor by Lessor and shall survive the termination or expiration 12. No Warranty. EXCEPT FORI REPRESENTATIONS, WARRANTIES, AND: SERVICE AGREEMENTS RELATING TO THE EQUIPMENT MADE OR ENTERED INTO BY THE MANUFACTURERS OR SUPPLIERS OF THE EQUIPMENT, ALL OF WHICH ARE HEREBY ASSIGNED TO LESSEE, LESSOR HAS MADE AND MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AND ASSUMES NO OBLIGATION WITH RESPECT TO THE TITLE, MERCHANTABILITY, CONDITION, QUALITY OR FITNESS OF THE EQUIPMENT DESCRIBED IN EXHIBIT A FOR ANY PARTICULAR PURPOSE OR THE CONFORMITY OF THE PROPERTY TO SPECIFICATIONS OR PURCHASE ORDER, ITS DESIGN, DELIVERY, INSTALLATION OR OPERATION. All such risks shall be borne by Lessee without in any way excusing Lessee from its obligations under this Agreement, and Lessor shall not be liable to Lessee for any damages on account of such risks. All claims or actions on any warranty sO assigned shall be made or prosecuted by Lessee, at its sole expense, upon prior written notice to Lessor. Lessor may, but shall have no obligation whatsoever to, participate in such claim or action on such warranty, at Lessor's expense. Any recovery under such 13. Option to Purchase. Provided Lessee has complied with the terms and conditions of this Agreement, Lessee shall have the option to purchase not less than all the Equipment which is then subject to this Agreement "as is" at the payment date and for the Option to Purchase Values set forth in Exhibit B or such adjusted Option to Purchase Value as may have been determined in accordance with Paragraph 9 hereof by giving written notice to Lessor not less than sixty (60) days prior to the date specified in Exhibit B for the exercise of such option; provided that upon Lessee's timely payment of all payments specified in Exhibit B and the Final Purchase Option Price, Lessee shall be deemed to have properly exercised its option to purchase the Equipment and shall be deemed to have acquired all of Lessor's right, title and interest in and to the Equipment,  (a) In the event that all or any part of the Equipment is lost, stolen, destroyed or damaged beyond repair,  Lessee if such Equipment is replaced by Lessee as required hereunder.  (b) If Lessee fails to replace such Equipment as required, Lessor may at its option terminate this Agreement  original cash sale price of the Equipment described in Exhibit A.  employees, officers and directors, and the Equipment against all risk of loss not covered by insurance.  of this Agreement.  awarranty shall be made payable jointly to Lessee and Lessor.    777-0217993-000  free of any lien, encumbrance or security interest except such liens, encumbrances or security interest as may be created, or permitted and not discharged, by Lessee but without other warranties. Payment of the applicable Option to Purchase Value shall occur on the applicable purchase date specified in Exhibit B hereto at which time Lessor shall, unless not required hereunder, deliver to Lessee a quitclaim bill ofs sale transferring Lessor's interest int the Equipment to Lessee free from any lien, encumbrance or security interest except such as may be created, or permitted and not discharged, by Lessee but without other warranties. Upon Lessee's actual or constructive payment of the Option to Purchase Value and Lessor's actual or constructive delivery of a quitclaim bill of sale covering the Equipment, this Agreement shall terminate except as to obligations or liabilities  accruing hereunder prior to such termination. 14. Default and Lessor's Remedies.  (a) The occurrence of one or more of the following events shall constitute an Event of Default, whether (1) Lessee's failure to make any payment hereunder when due or within ten (10) days thereafter; (2) Lessee's failure to comply with any other covenant, condition or agreement of Lessee hereunder for a (3) Any representation or warranty made by Lessee hereunder shall be untrue in any material respect as of (4) Lessee shall make, permit or suffer any unauthorized assignment, transfer or other disposition of this (5) Lessee becomes insolvent; or admits in writing its inability to pay its debts as they mature; or applies for,  occurring voluntarily or involuntarily, by operation of law or pursuant to any order of any court or governmental agency:  period of ten (10) days after notice thereof;  the date made;  Agreement or any interest herein, or any part of the Equipment or any interest therein; or  consents to, or acquiesce in the appointment of a trustee, receiver or custodian for the Lessee or a substantial part of its property; or, in the absence of such application, consent or acquiescence, a trustee, receiver or custodian is appointed for Lessee or a substantial part ofi its property and is not discharged within sixty (60) days; or any bankruptcy, reorganization, debt arrangement, moratorium, or any proceeding under any bankruptcy or insolvency law, or any dissolution or liquidation proceeding is instituted by or against Lessee and, ifi instituted against Lessee, is consented to or acquiesced in by Lessee ori is  not dismissed within sixty (60) days. any or all of the following remedies: for all costs and expenses incurred by Lessor;  (b) Upon the occurrence of any Event of Default specified herein, Lessor may at its sole discretion exercise (1) Enforce this Agreement by appropriate action to collect amounts due or to become due hereunder, by (2) Take possession of the Equipment, without demand or notice and without court order or any process of  acceleration or otherwise, or to cause Lessee to perform its other obligations hereunder in which event Lessee shall be liable law, and remove and relet the same for Lessee's account, in which event Lessee waives any and all damages resulting therefrom and shall be liable for all costs and expenses incurred by Lessor in connection therewith and the difference, if any, between the amounts to be paid pursuant to Paragraph 1 hereof and the amounts received and to be received by Lessor in amounts payable hereunder through the date of such termination and all costs and expenses incurred by Lessor in connection without demand on or notice to Lessee of Lessor's intention to do sO or relet the Equipment for a term and a rental which may be equal to, greater than or less than the rental and term provided herein. If the proceeds from any such sale or rental payments received under a new agreement made for the periods prior to the expiration of this Agreement are less than the sum of (i) the costs of such repossession, sale, relocation, storage, reconditioning, reletting and re-installation (including but not limited to reasonable attorneys' fees), (ii) the unpaid principal balance derived from Exhibit B as of the last preceding payment date specified in Exhibit B, and (ii) any past due amounts hereunder (plus interest on such unpaid principal balance at the rate specified in Paragraph 19 hereof, prorated to the date of such sale), all of which shall be paid to Lessor, Lessor shall for any and all costs and expenses incurred by Lessor in connection therewith. "Costs and expenses", as that term is used in this Paragraph 14, shall mean to the extent allowed by law; (i) reasonable attorneys' fees if this Agreement is referred for collection to an attorney not a salaried employee of Lessor or the holder of this Agreement; (ii) court costs and disbursements including such costs in the event of any action necessary to secure possession of the Equipment; and (iii) actual and reasonable out-of-pocket expenses incurred in connection with any repossession or foreclosure, including costs of storing, reconditioning and reselling the Equipment, subject to the standards of good faith and commercial reasonableness set by the appropriated pursuant to Paragraph 1 hereof for the previous and current fiscal years, less all amounts previously due and 15. Termination. Unless Lessee has properly exercised its option to purchase pursuant to Paragraph 13 hereof, Lessee shall, upon the expiration of the term of this Agreement or any earlier termination hereof pursuant to Paragraph 14 hereof, deliver the Equipment to Lessor unencumbered and in at least as good condition and repair and in compliance with  connection with any such reletting;  (3) Terminate this Agreement and repossess the Equipment, in which event Lessee shall be liable for any (4) Sell the Equipment or any portion thereof for Lessor's account at public or private sale, for cash or credit,  therewith;  retain all such proceeds and Lessee shall remain liable for any deficiency; or  (5) Pursue and exercise any other remedy available at law ori in equity, in which event Lessee shall be liable  applicable Uniform Commercial Code. Lessee waives all rights under all exemption laws. paid during such previous and current fiscal years from amounts so appropriated.  (6) Under no circumstance shall Lessee be liable under Paragraph 14(b) for any amount in excess of the sum    777-0217993-000  Exhibit C Return Provisions as when delivered to Lessee, ordinary wear and tear resulting from proper use alone excepted, by loading the Equipment, at Lessee's sole expense, on such carrier, or delivering the Equipment to such location, as Lessor shall provide or designate at or within a reasonable distance from the general location of the Equipment. If Lessee fails to deliver the Equipment to Lessor, as provided ini this Paragraph 15, on or before the date of termination of this Agreement, Lessee shall pay to Lessor upon demand, for the hold-over period, a portion of the total payment for the applicable period as set forth in Exhibit B prorated from the date of termination of this Agreement to the date Lessee either redelivers the Equipment to Lessor or Lessor repossesses the Equipment. Lessee hereby waives any right which it now has or which may be acquired or conferred upon it by any law or order of any court or other governmental authority to terminate this Agreement or its  obligations hereunder, except in accordance with the express provisions hereof.  16. Assignment. and Sublease.  (a) Without the prior written consent of Lessor, Lessee shall not (i) assign, transfer, pledge or hypothecate (b) Lessor intends to sell, assign or transfer all of its right, title andi interest in, to and under this Agreement  or otherwise dispose of this Agreement, the Equipment, or any part thereof or any interest therein, (ii) sublet the Equipment or any part thereof, or (ii) permit the Equipment to be used for any purpose not permitted by Paragraph 5 hereof. (including, without limitation, rights in the Equipment and all payments of any kind due or which are to become due to Lessor hereunder) to Komatsu Financial Limited Partnership (hereinafter referred to as "Assignee"), and Lessee hereby agrees and consents to such sale, assignment or transfer, and agrees to make payments due under this Agreement directly to Assignee pursuant to Assignee's instructions. Assignee shall not further sell, assign or transfer this Agreement. Upon such sale, assignment or transfer to Assignee, Assignee shall thereafter be deemed to be the Lessor hereunder, except that Lessor and Lessee agree and acknowledge that Assignee will have made no representation or warranty, and therefore will assume no obligation, with respect to the title, merchantability, condition, quality or fitness of the Equipment for any particular purpose, orf for the enforcement of any warranties or service agreement made or assigned to Lessee by the initial Lessor named herein. Lessee shall, during the term of this Agreement, keep a complete and accurate record of such sale, assignment or transfer in form necessary to comply with Section 149(a) of the Internal Revenue Code, as amended, and the regulations, promulgated  thereunder.  17. Personal Property. The Equipment is and shall at all times be and remain personal property.  18. Lessor's Right to Perform for Lessee. IfLessee fails to make any payment or perform or comply with any of its covenants or obligations hereunder, Lessor may, but shall not be required to, make such payment or perform or comply with such covenants and obligations on behalf of Lessee, and the amount of any such payment and the expenses (including but not limited to reasonable attorneys' fees) incurred by Lessor in performing or complying with such covenants and obligations, as the case may be, together with interest thereon at the highest lawful rate, shall be payable by Lessee upon demand. 19. Interest on Default. If Lessee fails to pay any payments specified in Paragraph 1 hereof within ten (10) days after the due date thereof, Lessee shall pay to Lessor charges at the highest rate permitted by law, but not to exceed 1.5% per 20. Notices. Any notices to be given or to be served upon any party hereto in connection with this Agreement must be in writing and may be given by certified or registered mail, and shall be deemed to have been given and received forty- eight (48) hours after a registered or certified letter containing such notice, postage prepaid, is deposited in the United States mail, and if given otherwise shall be deemed to have been given when delivered to and received by the party to whom itis addressed. Such notice shall be given to the parties at their respective addresses designated on the signature page of this 21. Security Interest. As security for Lessee's covenants and obligations hereunder, Lessee hereby grants to Lessor, and its heirs, successors, assigns and personal representatives, a security interest in the Equipment, all accessions thereto and proceeds therefrom, and, in addition to Lessor's rights hereunder, all of the rights and benefits of a secured party under the Uniform Commercial Code as in effect from time to time hereafter in the State in which the Equipment is located or any other State which may have jurisdiction over the Equipment. Lessee agrees to execute, acknowledge and deliver to Lessor in recordable form upon request financing statements or any other instruments with respect to the Equipment or this Agreement considered necessary or desirable by Lessor to perfect and continue the security interest granted herein in accordance with the and shall give Lessor immediate notice of any attachment or other judicial process affecting the Equipment, and indemnify and save Lessor harmless from any loss or damage caused thereby. Lessor may, for the purpose of inspection, at all reasonable times enter upon any job, building or place where the Equipment and the books and records of the Lessee with waived except by the written consent of Lessor and a waiver of any such covenant or obligation or at forbearance to invoke any remedy on any occasion shall not constitute or be treated as a waiver of such covenant or obligation or any other covenant or  month.  Agreement or at such other address as either party may hereafter designate.  laws of the applicable jurisdiction. 22. Miscellaneous.  (a) Lessee shall, whenever requested, advise Lessor of the exact location and condition of the Equipment  respect thereto are located.  (b) Time is of the essence. No covenant or obligations hereunder to be performed by Lessee may be    777-0217993-000  obligation as to any other occasion and shall not preclude Lessor from invoking such remedy at any later time prior to the Lessee's cure of the condition giving rise to such remedy. Lessor's rights hereunder are cumulative and not alternative.  (c) This Agreement shall be construed in accordance with, and governed by, the laws of the State in which (d) This Agreement constitutes the entire agreement between the parties and shall not be modified, waived, (e) Any term or provision of this Agreement found to be prohibited by law or unenforceable shall be (f) The Lessor hereunder shall have the right at any time or times, by notice to Lessee, to designate or (g) All transportation charges shall be borne by Lessee. Lessee will immediately notify Lessor of any (h) Use of the neuter gender herein is for purposes of convenience only and shall be deemed to mean and (i) The captions set forth herein are for convenience of reference only and shall not define or limit any of the (i) Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of  the Equipment is located. Lessee.  discharged, terminated, amended, altered or changed in any respect except by a written document signed by both Lessor and ineffective to the extent of such prohibition or unenforceability without, to the extent reasonably possible, invalidating the  remainder of the Agreement.  appoint any person or entity to act as agent or trustee for Lessor for any purposes hereunder.  change occurring in or to the Property, of a change in Lessee's address, or in any fact or circumstance warranted or  represented by Lessee to Lessor, ori if any Event of Default occurs. include the masculine or feminine gender whenever and wherever appropriate.  terms or provisions hereof. permitted by this Agreement.  the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns, where  IN WITNESS WHEREOF, the parties have executed this Agreement as of the 25th day of September 2024.  LESSOR:  LESSEE: SAN JUANCOUNTY By:  POWER MOTIVE CORPORATION  By:  (Name) (Title) 5000' VASQUEZ BLVD. DENVER, CO 80216  (Name) (Title) POBOX466 Silverton, CO 81433  THE STATE OF COLORADO COUNTY OF SAN. JUAN  Before me, the undersigned authority, on this day personally appeared  of  SAN JUAN COUNTY known to me to be the person whose name is subscribed to the foregoing instrument on behalf of Lessee, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the  capacity therein stated and as the act deed of said corporation.  Given under my hand and seal of office this 25th day of September 2024,    777-0217993-000  Notary Public in and for the State of Colorado My Commission Expires:  (SEAL)  (over)    777-0217993-000  BILL OF SALE. AND ASSIGNMENT  For valuable consideration paid to POWERMOTIVE ORORAIONLEAs9NOT. the receipt and sufficiency of which are hereby acknowledged, Assignor hereby sells, assigns and transfers to Komatsu Financial Limited Partnership, a Delaware Limited Partnership ("Assignee"), all of Assignor's right, title and interest in, to and under (a) the Equipment Lease-Purchase Agreement (the "Agreement"), (b) the property described in Exhibit A to the Agreement, (the Equipment"), and (c) all payments now or hereafter due or payable pursuant to the Agreement, including but not limited to, rental, purchase option, renewal and termination payments, and agrees to forever warrant and defend the Equipment unto Assignee and its successors from and against the lawful claims of all persons whomsoever. Assignor agrees that Assignee may in Assignor's name endorse all accompanying notes and all remittances received, and Assignor gives express permission to Assignee to release, on terms satistactory to Assignee, by operation of law or otherwise, or to compromise or adjust any and all rights against and grant extensions of time of payment of Lessee or any other persons obligated on the Agreement or on any accompanying note or guaranty, without notice to Assignor and without affecting Assignor's obligations hereunder. Assignor shall have no authority to, and will not, without Assignee's prior written consent, accept collections, repossess or consent to the return oft the property described in the Agreement or modify the terms thereof or of any accompanying note or guaranty. Assignee's knowledge at any time of any breach of or non-compliance with any of the foregoing shall not constitute any waiver by  Assignee. Assignor waives notice of acceptance hereof.  Dated as of September 25, 2024.  ASSIGNOR: POWER MOTIVE CORPORATION  BY:  (Title)  This assignment is made subject to the terms and conditions of the financing agreement presently in effect between the Assignor and the Assignee, which specifically sets forth all of the rights and obligations of the Assignor and the Assignee with respect to Retail Contracts, and incorporates without limitation, the representations and warranties made by Assignor to Assignee with respect to retail contracts, any accompanying notes, guaranties or other documents relating thereto.    9/24/24.2:17PM  San Juan County Mail Trail Work Day & Grand Opening Coming Soon!  Gmail  Willy Tookey <admin@sanjuancolorado.us>  Trail Work Day & Grand Opening Coming Soon! Silverton Singletrack Society inlo@sivertonsingletracksocletyorg Reply-To: Silverton Singletrack Society info@sivertonsingletracksoclely.org"  1message  Mon, Sep 23, 2024 at8 8:29AM  To:a cmin@sanancooyacous  View this emaill in your browser  Silverton Singletrack Society  2024 Trail Building Is In Full Swing  2920m  We're excited to update you about progress during our second season of  building Baker's Park!  Construction kicked off again in June with San Juan County's road and bridge crew completing excavation work on the trailhead parking area and driveway. In. July, trail work resumed with a 4-person team from the International  htps/limail.google.co/malwork-taseaeb2leivew-pisearch-alspermhd-livead#18108974695208287168simol-ms9.18510997469120628716 1/4    9/24/24, 2:17 PM  San. Juan County Mail- Trail Work Day & Grand Opening Coming Soon!  Mountain Bicycling Association's Trails Solutions group supported by a crew We are getting close to completing the lower loop in Phase One (see map above) and expect this 7-mile Deginner.intermediate loop to be finished by mid- Stay tuned for more info about our Grand Opening Celebration next month - details coming soon. We can't wait to ride a celebratory lap with you!  from the Southwest Conservation Corps.  October, at which point it will officially open to the public.  hitps.l/mail.google.comimalwork-laseaeb2eivewepissearch-alspermhd-hnvead18109974691208287166simpl-msg.1810997469120628716 2/4    9124124,2:17PM  San Juan County Mail- Trail Work Day & Grand Opening Coming Soon!  Trail Work Day - Saturday, September 28th  Join Silverton Singletrack Society and the Bureau of Land Management for a fun afternoon of trail construction and outdoor camaraderie on Saturday, September 28th from 1- 4 pm as we celebrate National Public Lands Day! The meetup location is the Bakers Park trailhead on County Road 110, about 0.7 miles north of Memorial Park at the point where the pavement ends (the Baker's Park parking lot is up the driveway on the right). Bring work gloves, sturdy shoes, sunscreen and water. You'll work alongside experienced crew leaders from the BLM and SSS. We'll provide the tools-you bring the  enthusiasm!  Boost Baker's Park!  The Baker's Park project would not be where it is today without the generosity ofindividuals like you! We are continuing to raise funds to see this project through to its completion, and every dollar counts. Visit our GoFundMe campaign, show your support, and help leave a legacy that will impact future  generations! Donoto Now  htps./imail.google.con'mal.or7k-taseaeb2eiviewepisseareh-alaperhi-hvead*18109974691208287168simpl-msp1810997489120628716 3/4    9/24/24, 2:17 PM  San. Juan County Mail- Trail Work Day & Grand Opening Coming Soon!  BOOST BAKER'S PARK!  THANK YOU PARTNERS  000O NTERMATONALA BUMUNTIOMEASAOATN  ASilverton  Funds for this project were awarded by Great Outdoors Colorado (GOCO), which receives ap portion of Colorado Lottery proceeds, to the Colorado Youth Corps Association for use by accredited conservation service corps. The goal of the program is to employ crews throughout the state on critical outdoor recreation and land conservation projects in partnership with local governments and open space agencies.  Copyright 02 2024 Silverton Singletrack Society, All rights reserved Yous are receiving this email because you opted in via our website.  Our mailing address is: Silverton Singletrack Society PO Box 472 Silverton. CO81433-0472 Add ust to your address book  No longer want SSS updates? me -  nitps.l/mal.google.com/malluonk-laseaeb2eiviewepiisearch-alspermhi-hnvead-18109974691208287168simpl-msp.1810997469120628716 4/4    SANJ JUAN COUNTY Baker's Park Single Track Parkingl Lot  Rate/Hr. Hours 100 180 200 200  Total 4,000.00 $5,400.00 $6,000.00 1,600.00 e 600.00 108 $17,600.00  S621 T41 Bobcat Skid Steer Loader 936E Caterpillar Loader D6 Caterpillar Tractor John Deere 772G Road Grader Colvert Total  40 30 30 8    MEMORANDUM  September 25, 2024 TO: Board ofCounty Commissioners FR: William A. Tookey RE: October/November: Proposed Meeting Dates.  The Commissioner Meeting dates are currently scheduled for October gth and 23rda and November 13th and There are no issues with keeping the October gth meeting as scheduled. The Commissioners Room is exclusively reserved from October 215 tol November 5th for elections. That would require us to either reschedule the October 23rd, meeting or relocate it. Because we do allow for attendance via Zoom, we would be limited to a location that also has the audio and video capacity for a Zoom meeting. Itv would be my suggestion that we combine the October 23rd meeting and November 13th meeting with a single date of Friday November gth. November 6th or 7th could also be possible meeting dates. Iwould then suggest that we move the Monday November 25th meeting date up to Wednesday November 20"h. These are. just suggestions, and the dates and locations of the meetings are entirely at the discretion ofthe  Monday November 25th.  County Commissioners.