There will be TWO Work Sessions on Monday September 23, 2024. 1. 6:00 PM - Lamar Main Street Program Presentation by DOLA Main Street Specialist, Traci Stoffel 2. 6:30 PM = Food Truck Ordinance Discussion Followed by the regular City Council Meeting At 7:00 PM CITY COUNCIL WORK SESSION AGENDA Monday, September23, 2024 6:00 P.m. Item 1-Lamar Main Street Program Presentation by DOLA Main Street Specialist, Traci Stoffel Item 2-Food Truck Ordinance Discussion The regular City Council meeting will follow at 7:00 p.m. Agenda Item No. 1 Council Date: 9/23/24 LAMAR CITY COUNCIL WORK SESSION ITEM COMMENTARY ITEMTITLE: Lamar Main Street Program Presentation by DOLA Main Street Specialist. Traci Stoffel INITIATOR: Martha Baird-Alvarez. Main Street Manager CITY ADMINISTRATORS REVIEW: KcB ACTION PROPOSED: Discussion STAFF INFORMATION SOURCE: Martha Baird-Alvarez. Main Street Manager BACKGROUND: To provide City ofLamar Council with an overview oft the Department ofLocal Affairs (DOLA) Main Street Program, its benefits, and howi it can support our ongoing downtown revitalization efforts. RECOMMENDATION: Discussion. Any ideas or such other action as Council may direct. Agenda Item No. 2 Council Date 9/23/2024 LAMAR CITY COUNCIL WORK SESSION ITEM COMMENTARY ITEMTITLE: Food Truck Ordinance Discussion INITIATOR: Rob Evans. City Administrator CITY ADMINISTRATORS REVIEW: RCK ACTION PROPOSED: Discussion STAFF INFORMATION SOURCE: Rob Evans. City Administrator BACKGROUND: Discussion regarding the Food Truck Ordinance that was approved at the first reading on 8/12/2024. RECOMMENDATION: Discussion and such other action as council may direct. CITY OF LAMAR, COLORADO MEETING OF CITY COUNCIL -AGENDA- Monday, September 23, 2024 - 7:00 p.m. 12315678910 1112 13 14 15 16 17 18 JOE GONZALES SHALAH MATA GERRY JENKINS KIRK CRESPIN DAVID ZAVALA MANUEL TAMEZ BRENT BATES ROB EVANS KRISTIN SCHWARTZ LANCE CLARK GENERAL BUSINESS I. II. Invocation- Pledge of Allegiance III. Call to Order IV. Roll Call V. Review Agenda CONSENT. AGENDA Item l-Approval of Council Meeting Minutes - 9/9/2024 Item 2-Approval of Minutes for Board and Commissions a) Utilities Board - 8/27/2024 Item 3-P Payment of Bills Item 4-License Renewal a) Tavern License (City)- - Desiree's 104 East Beech Street Lamar, CO 81052 PUBLICCOMMENT Item 1-Audience larticipation-During this portion of the meeting, anyone may speak on any subject which does not Appear on the agenda. Individual speakers are limited to three minutes each and at the discretion oft the Council". (Please provide name and address). REPORTS AND CORRESPONDENCE Item 1-City Treasurer's Report Item 2-City Clerk's Report Item 3-City Administrator's Report Item 4-1 Reports and Correspondence from Council Item 1-Executive Session (1) For a conference with the City Attorney for the purpose oft receiving advice on specific legal Questions under C.R.S. $24-6-402(4)(b) regarding Lamarl Light and Power and Resolution 17-12-03 (2) For a conference with the City Attorney for the purpose of receiving advice on specific legal Questions under C.R.S. $24-6-402(4)(b) regarding the Food Truck Ordinance OLD BUSINESS ORDINANCE 2nd READING Item 1-Ordinancel No. 1273 - "An Ordinance Amending Chapter 8. Article 11 Regarding Mobile Food' Trucks and Pushcarts" Item 2-Adopt Resolution 24-09-01 Amending Resolution 17-12-03 Authorizing Payment of $350,000 Per Year From the City's General Fund to the Lamar Utilities Board NEW BUSINESS Item 1-A Approve CHP's Quote and Funding of the Health and Dental Insurance Premiums for 2025 Item 2-A Accept CIRSA's 2025 Property/Casualty Preliminary Contribution Renewal Quote. The Excess Cyber, No Fault Water Line Rupture and/or Sewer Back-up coverage and Property Damage caused by Member's Operation of Mobile Equipment quotes are also included for this year. Item 3-A Accept CIRSA's 2025 Workers' Compensation Preliminary Contribution Quote Item 4-Approve Streamline Agreement for New Website Item 5-Permission to. Apply for the Firehouse Subs Public Safety Foundation Grant Item 6-Permission to. Apply for the Animal Assistance Foundation Grant Item 7-Permission to. Apply for the EPA Brownfield Cleanup Grant Item 8-Approve! Letter Agreement with Ayers for Consulting Services for the EPA Brownfields Cleanup Grant Item 9- Approve Agreement with Ayers for Consulting Services fort the Recreation Master Plan Item 10 - Award Bid 44-011 for Internet Auction Company Item 11 -I Miscellaneous Item 12 - Executive Session (1) Fora a conference with the City Attorney for the purpose ofreceiving advice on specific Legal questions under C.R.S. 524-6-402(4)b)m regarding Property Annexation (2) For Discussion of personnel Matters under C.R.S.924-6-402 (4)(f) regarding Annual Performance review format and scope. NEXT CITY COUNCIL MEETING - Monday, October 14, 2024 @ 7:00 P.M Individuals with disabilities needing auxiliary aid(s) may request assistance by contacting Stephanie Strube at City ofLamar, 102 E Parmenter, Lamar CO 81052, or by phone (719) 336-4376. We would appreciate 48 hours advance notice of the event sO arrangements can be made to locate the requested auxiliary aid(s). CITY OF LAMAR September 9, 2024 MINUTES OF THE CITY COUNCIL MEETING The City Council met in a regular session at 7:01 p.m. in the Council Room with Mayor Crespin presiding. Present: Joe Gonzales, Shalah Mata, Gerry Jenkins, Kirk Crespin, David Zavala, Manuel Tamez, Brent Bates, Rob Evans, Kristin Schwartz, Lance Clark Absent: Amend Agenda to item 8 &9. Voting No: None Councilmember Tamez moved and Councilmember Zavala seconded to amend agenda toa add new item 7 FY2024-2025 Colorado State Grants for Libraries moving item 7&8 Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates Mayor Crespin stated "Let the record reflect that all Councilmembers voted an affirmative, motion passes 7-0". Consent Agenda consent agenda Items 1-4. Councimember Jenkins moved and Councimember Bates seconded to approve the Item #1 - Approval of Council Meeting Minutes - 8/26/2024 Item #2 - Approval of Minutes for Board and Commissions b) Adjustment & Appeals Board - 7/31/2024 General Fund-Vouchers #100197-100288 Item #4 - License - New and Renewal - None a) Utilities Board -8/13/2024 Item #3 - Payment of Bills Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates Voting No: None Mayor Crespin stated "Let the record reflect that all Councimembers voted an affirmative, motion passes 7-0". Audience Participation Donna Giron, Lamar resident, asked what was being done about the vehicles parking Mayor Crespin stated that they were aware of the issue and are currently working on it. on the sidewalks up and down Main St. City Treasurer Report City Treasure Schwartz provided a copy of all grants that are currently in process with City Treasurer Schwartz stated that they have a few new grants they are going to ask for permission to apply on tonight's agenda. She also stated that they have been working on the 2025 budget as well as continuing to work on the wastewater treatment Councimember Tamez asked how the archery range grant was coming along. City Treasurer Schwartz stated that we have received the PO on the grant and we had to change the location of the range. Right now we are waiting on CPWt to approve the change in scope of work for the range and the new location. We have however started purchasing items for the range at this time. She stated that they are having Public Works Director Mason help them, currently the site is listed as a gravel pit and he is beginning and ending dates. plant funding. working on getting this closed out. City Clerk Report City Clerk Williams reported that the July revenue report reflected collections of $446,685.43 which was up 7.29% or $30,332.06. Year to Date collections were $3,752,197.96 which was up 8.13% or $282,022.65 from 2023. City Administrator Report Coffee with Rob City Administrator Evans announced schedule for Coffee with Rob is below. September 18, 2024 - McDonald's September 25, 2024 - Pit Stop Project Update City Administrator Evans gave project updates on the items below: Human Resource department has schedule the employee wellness fair Library is continuing their Discover Amache program and will be host the annual Police Department helped with the 9-11 parade which was a success. They have also been working on gathering information to provide a scope of work Parks & Recreation are working on the upkeep of all of the parks. Public Works has completed the sewer line issue on Valco Rd. and the road is now open. They have begun their paving project for the year. Community Development wanted to remind everyone of the plastic and e-waste September 16-17, 2024. trunk or treat again this year. regarding the Traffic Study. recycling that is available. Miscellaneous Mayor Crespin asked if there was an update on the sidewalk project. City Treasurer Schwartz stated that they are waiting on the PO to begin the process. Once the PO is received they will send out an RFP to begin the bid process. Will probably not get started until 2025. Councilmember Gonzales asked for an update on the old meat packing plant. City Administrator Evans stated that there has been no updates at this time. Councimember Gonzales asked if there were any updates on the Burger King building. City Administrator Evans and Mayor Crespin stated that the building is under contract Councimember Jenkins asked if the new speed sign has been put up yet and what is City Administrator Evans stated that he would have to look into the sign and he would and that is all that can be said at this time. being done about the property at Logan and N. 11th St. get an update on the Logan location. Reports and Correspondence from Council Golf Update Councilmember Gonzales reported that the golf course was closed last Monday to aerate the course. He also stated that the Labor Day Tournament went well, had great attendance. The High School golf teams are still using the course and the match play event registration has closed and begun. Completion will be at the end of September Councilmember Gonzales reported that the Two Shot Tournament will be September with champion being determined at that time. 27-29, 2024. Miscellaneous Councimember Bates wanted to remind citizens that the first course of action when Councimember Bates announced that the Chamber of Commerce has asked if SECCI would host a Cornhole Tournament during Oktoberfest, which they will be doing. Mayor Crespin stated that it is not only Lamar that is having issues with the homeless population, there are several communities having the same problems. Mayor Crespin announced that PMC will start their convenient care clinic again in the they see a problem or concern would be to call dispatch. near future. NEW BUSINESS Oath of Office for New Police Officer Mayor Crespin administered the Oath of Office to New Police Officer Steve Sanger. Pinning of Badge was done by Officer Sanger's granddaughter Jezlyina. Consider Amending Resolution 17-12-03 Authorizing Payment of $350,000.00 Per Year From the City's General Fund to the Lamar Utilities Board After discussion on different options Council gave direction to amend Resolution 17-12- 03 moving money into General Fund to help with offset of multiple items. This will be Contract with Lower Arkansas Valley Area Agency on Aging (LAVAAA) brought back to a future meeting for approval. Councilmember Gonzales moved and Councimember Jenkins seconded to approve contract with Lower Arkansas Valley Area Agency on Aging (LAVAAA) in the amount of $25,589.00 with a 10% match by City of $2,844.00 to assist in the operating of the Community Resource and Senior Center for the state fiscal year 2025 which runs July 1, 2024-June 30, 2025 and allow the Mayor to sign. Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates Voting No: None Mayor Crespin stated "Let the record reflect that all Councilmembers voted an affirmative, motion passes 7-0". Permission to Pursue Motorola Grant Program Councimember Tamez moved and Councimember Bates seconded to approve permission to pursue Motorola Grant Program for dashcams and radios costing approximately 207,617.00 for both, this will be included in the 2025 budget in the 20 Voting Yes: Gonzales, Bellomy, Jenkins, Crespin, Duffy, Tamez, Bates Mayor Crespin stated "Let the record reflect that all Councilmembers voted an Permission to Apply for the Edward Byrne Memorial Justice Assistance Grant Councimember Bates moved and Councimember Tamez seconded to approve permission to apply for the Edward Byrne Memorial Justice Assistance Grant in the Voting Yes: Gonzales, Bellomy, Jenkins, Crespin, Duffy, Tamez, Bates Mayor Crespin stated "Let the record reflect that all Councilmembers voted an fund (Capital Improvement). Voting No: None affirmative, motion passes 7-0". amount of $90,000.00 for body cameras. Voting No: None affirmative, motion passes 7-0". Trucks and Pushcarts" Ordinance = "An Ordinance Amending Chapter 8 Article IF Regarding Mobile Food Councilmember Bates moved and Councilmember Jenkins seconded to approve "An Ordinance Amending Chapter 8 Article I Regarding Mobile Food Trucks and Pushcarts". Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates Voting No: None Mayor Crespin stated "Let the record reflect that all Councimembers voted an affirmative, motion passes 7-0". FY2024-2025 Colorado State Grants for Libraries Councimember Bates moved and Councilmember Jenkins seconded to approve the submission of the FY 2024-2025 Colorado State Grants for Libraries and authorized electronic submission. Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates Voting No: None Mayor Crespin stated "Let the record reflect that all Councilmembers voted an affirmative, motion passes 7-0". Miscellaneous City Treasurer Schwartz reminded everyone that there will be a budget work session with departments on September 16, 2024. She also asked if they would like the information for the work session in hard copy or email. All of Council is requesting hard City Administrator Evans reminded Council of the CML District meeting and asked that those interested in attending please notify Mary to get reservation sent in. Executive Session - (1) For a Conference with the City Attorney for the Purpose of Receiving Legal Advice on Specific Legal Questions under C.R.S. 24-6- 402(4)(b) regarding Municipal/District Legal Relationship (2) For Discussion of Personnel Matters under C.R.S. 24-6-402 (4)(f) to Review the Outcome of the City Clerk, City Treasurer, and City Administrators Annual Performance Reviews, Including a Review of the Performance of the Targets that were Provided Councilmember Jenkins moved and Councimember Bates seconded to enter into an executive session - (1) For a Conference with the City Attorney for the Purpose of Receiving Legal Advice on Specific Legal Questions under C.R.S. 24-6-402(4)(b) regarding Municipal/District Legal Relationship (2) For Discussion of Personnel Matters under C.R.S. 24-6-402 (4)(f) to Review the Outcome of the City Clerk, City Treasurer, and City Administrators Annual Performance Reviews, Including a Review of the Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates copies, they will be available for pick up on Friday. Performance of the Targets that were Provided. Voting No: None Mayor Crespin stated "Let the record reflect that all Councimembers voted an Regular meeting recessed and executive session convened at 8:12 p.m. affirmative, motion passes 7-0". Also in attendance were City Administrator Evans, City Treasurer Schwartz, and City Councimember Jenkins moved and Councilmember Bates seconded that executive Clerk Williams. session adjourn at 9:39 p.m. and open meeting was reconvened. Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates Voting No: None Mayor Crespin stated "Let the record reflect that all Counciimembers voted an affirmative, motion passes 7-0". Adjournment There being no further business to come before the Council, Councimember Jenkins moved and Councilmember Bates seconded that the meeting adjourn. Voting Yes: Gonzales, Mata, Jenkins, Crespin, Zavala, Tamez, Bates Voting No: None Mayor Crespin stated "Let the record reflect that all Councimembers voted an affirmative, motion passes 7-0". The meeting adjourned at 9:40 p.m. Lance Clark as City Attorney attests pursuant to C.R.S. S 24-6-4022,0.5,006) that a portion of the executive minutes not recorded constituted a privileged attorney-client conversation. Lance Clark Linda Williams - City Clerk Kirk Crespin - Mayor LAMAR UTILITIES BOARD August 27, 2024 MINUTES OF THE UTILITIES BOARD MEETING The Lamar Utilities Board met in regular session at 12:00 p.m. with Chairman Thrall presiding. Present: Absent: Doug Thrall, Patrick Leonard, Jill Bellomy, Lance Clark, Houssin Hourieh, Leala Owen, Linda Williams Jay Brooke, Kirk Crespin, Lisa Denman Minutes of Previous Meeting = August 13, 2024 meeting minutes of August 13, 2024. Voting Yes: Thrall, Leonard, Bellomy Purchase Orders #630205 thru 630232 Boardmember Leonard moved and Boardmember Bellomy seconded to approve Voting No: None Boardmember Leonard moved and Boardmember Bellomy seconded to approve purchase orders #630205 thru 630232 in the amount of $98,851.89. Voting Yes: Thrall, Leonard, Bellomy Voting No: None Payment of Bills Boardmember Leonard moved and Boardmember Bellomy seconded to approve payment of bills: Vouchers #54807 through #54848 for a total of $1,219,121.74. Voting Yes: Thrall, Leonard, Bellomy Voting No: None Services Consider Approval of First Amendment to ARPA Agreement for Purchasing Agent Boardmember Leonard moved and Boardmember Bellomy seconded to approve First Amendment to ARPAAgreement for Purchasing Agent Services. Voting Yes: Thrall, Leonard, Bellomy Voting No: None Consider Approval of Bid #2049 - Ductile Iron Poles Boardmember Leonard moved and Boardmember Bellomy seconded to approve and award Bid #2049 for Ductile Iron Poles to McWane for a total of $81,937.40. Voting Yes: Thrall, Leonard, Bellomy Voting No: None July 2024 Financial Report Superintendent Hourieh reviewed the July 2024 financials which included the following: Balance Sheet - Cash is down $321,377.00 from June 2024 and accounts Income Statement - Total operating revenue is $1,645,056.00 with total operating costs being $1,474,403.00 for a gross operating income of $170,653.00. Adding in non-operating revenues and expenses brings the net YTD Income Statement - YTD operating revenue is $8,619,956.00 and total operating costs are $7,997,407.00 resulting in gross operating income of $622,550.00. Adding in non-operating revenues and expenses, there is a net YTD Comparison to 2023 - Retail sales are up $692,694.00 or 9%. However, operating expenses are up approximately $894,913.00 or 13% resulting in a net receivable has increased by $256,782.00. loss to $41,810.00. loss of $542,944.00. loss of $542,944.00 for the year. System Operating Report Superintendent Hourieh reported that the line crew completed the replacement of3 wooden poles with 3 -401 ft. class Il ductile iron poles between LAMSO substation and Rd. CC south of town, and a 40 ft. wooden pole ant two pole mount transformers in Bristol after a severe thunderstorm that passed through the area on August 13, 2024 Superintendent Hourieh reported that they have begun 2025 budget discussion for the proposed LUB capital outlay. He stated they are moving forward with the scheduled 4kv feeder protection relays upgrade, AMMI metering system upgrade, distribution system upgrade, substations maintenance, wind turbines maintenance which includes bed plate inspection for all turbines and T-3 gearbox elastomer replacement and safety around 3:45 p.m. and training. During last week's storm there was a loss of 15 poles in the well field. Adjournment There being no further business to come before the Board, Boardmember Leonard moved and, Boardmember Bellomy seconded that the meeting adjourn. Voting Yes: Thrall, Leonard, Bellomy The meeting adjourned at 12:31 p.m. Voting No: None Linda Williams - City Clerk Doug Thrall - Chairman 888888 8888888 66666 TE 1366668 AA C - 8 : 88 88 E NTNTNE - 5 50 :: mmm mH a N N 888885 mT : : RPRRENE t 608 0 e g de MTT n 6o :e 10 8 a 88 : 88 88888888 8888 o 88 888 888 0 o - le :s - e 00o 5 a a : :00 a 6e 88888 888 000 :: 8 :8 de 6o 88888 888888 666666 88 o :88 8185 o 88 8888888 S: - 1:1A MTH - - :o 00 ESE 88 o 8888 88 0 : o o 83888 8888 88 88 lo - a FEE : - E 5 0 a 00 8888888 83 : 888888 0o 60 060 : - - BE - I 1lillii 351 3: 88888 : 88 $88 a 888 88 88 8585 o 00 3 de : : at - - 88 00 0o t0 0 ::008 0000 88 80 0 : o 8 : la 1 8888 d: d: 888888 88 b0 83 8838 6o de e 888888 88 88 888888 88 888888 666660 0o 8888 88 6o 0666s iE : TTI te 0 88 : 10 00 o :8 S : 8e :0 88 55 88 a 68 s o : 0 38 : 0 888 0 o 88 lo 60 88 8883 83 88 de :e MTN 3s - - - :o 00 AUDIVLA IILIVI IVUIMIDLIL COUNCIL DATE: 09/23/2024 CITYOFLAMAR. POLICE DEPARTMENT Colorado Beer & Wine License Renewal Application 1. Name and address ofApplicant 1 Desiree's. Inc. Desiree Ellis 525 Willow Valley Lamar, CO81052 2. Trade Name and Address 1 Desiree's 104 East Beech Street Lamar, CO 81052 3. Date of4 Application: 09-12-2024 4. Type ofApplication: Tavern License (city) 5. Documents Accompanying Application: A. Local and State License Fees) Submitted with application B. Evidence of Correct. Zoning) N/A C. Building Plans and or Sketch of Interior) N/A D. Distance from a School as per Statute) N/A E. Deed or Lease or Assignment of Lease or Ownership) Ownership 6. Evidence of Public Notice: A. Posting of Premises) N/A B. Legal Publication) N/A 7. Investigation: Police Department Case! # L2403493 A. Desiree's presently holds a Tavem License # 09-30402-0000 that expires on C. Desiree D. Ellis, owner and manager ofthe tavern, submitted the renewal 12-31-2024. application. 8. Findings offact: B. There has been no change in the corporation license. A. The renewal application is legal and timely. B. The required fees were submitted with the application. C.I Iregommendthat the renewal be approved. HIEF oF POLICE Q-18-2024 DATE d DRE 8400 (02/16/24) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division POE BOX 17087 Denver COB 80217-0087 (303)2 205-2300 Fees Due Annual Renewal Application Fee Renewal Fee Storage Permit Sidewalk Service Area $75.00 Additional Optional Premise Hotel & Restaurant Related Facility Campus Liquor Complex $160.00 $ Make check payable to: Colorado Department of Revenue. The State may convert your check to a one- time electronic banking transaction. Your bank account may be debited as early as the same day received by the State. IF converted, your check will not be returned. Ify your check is rejected due to insufficient or uncollected funds, the Department may collect the payment amount directly! fromy yourt bankinga accounte electronically. $ 750.00 $ $ $ $ Submit to Local Licensing Authority $100X $100X DESIREE'S 104 E BEECH ST mar99/810522844 n 7 L u M SEP 12 2024 perf facility Amount Due/Paid Retail Liquor License Renewal Application Please verify & update all information below. Return to city or county licensing authority by due date. Note that the Division will not acceptcash. Paid by check Uploaded to Movelt on Date Paid Online Licensee Name DESIREE'S INC Doing Business As Name (DBA) DESIREE'S Liquor License Number 09-30402-0000 Sales Tax License Number 0093040200 Business Address Street Address 104 E BEECH ST City, State, ZIP Code Lamar CO 81052-2844 Mailing Address Street Address 104 E BEECH ST City, State, ZIP Code Lamar CO 81052-2844 Email License Type Tavern (city) Expiration Date 12/31/2024 Due Date 11/16/2024 Phone Number 7193365559 daiclarpgmal.om Operating Manager Date ofBirth 35-1958 D6iler SEIS UR 0400 Home Address Street Address City Phone Number 719-688-7000 ZIPCode $1652. 5Willow Vally State Colo. Lamay 1. Doy you have legal possession of the premises at thes street address?. Yes No owned or rented? 8 Owned *If rented, expiration date of lease Are the premises Rented* 1. Are you renewing a storage permit, additional optional premises,sidewak Yes No service area, or related facility?.. Ify yes, please see the table in the upper right hand corner and include all fees due. Yes 6 No 2. Are you renewing a takeout and/or delivery permit?. (Note: musth tholdaqualifying licenset type and be authorized for takeouta and/or delivery licenseprivileges) Ifselecting Yes', an additional $11.00 is required to renew the permit. Delivery Takeout Both Takeout and Delivery Ifso, which areyou renewing?. 3.. Since the date of filing of the last application, has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% orgreater financial interest in the applicant, been found ini final order of a tax agency to be delinquent in the payment of any state or local taxes, penalties, or interest related toal business?. Since the date of filing of the last application, has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interesti in the applicant failed to pay anyf fees or surcharges imposed pursuant to section 4. Since the date oft filing of the last application, has there been any change int financial interest (new notes, loans, owners, etc.) or organizational structure (addition or deletion of officers, directors, managing members orgeneral partners)?. No Yes Yes O No 44-3-503, ,C.R.S.?. Yes No Ifyes, explain in detail and attach a listing of all liquor businesses in which these new lenders, owners (other than licensed financial institutions), officers, directors, managing members, or general partners are materially interested. 1. Since the date of filing of the last application, has the applicant or any of its agents, owners, managers, partners or lenders (other than licensedfinancial Yes & No institutions) been convicted of a crime?. Ify yes, attach a detailed explanation. 2. Since the date of filing of the last application, has the applicant or any of its agents, owners, managers, partners or lenders (other than licensed financial institutions) been denied an alcohol beverage license, had an alcohol beverage license suspended or revoked, or had interest in any entity thathad an alcohol beverage license denied, suspended or revoked?. Yes 3 No Ifyes, attach a detailed explanation. 3. Does the applicant or any of its agents, owners, managers, partners orlenders (other than licensed financial institutions) have a direct or indirect interest in any other Colorado liquor license, including loans to or from any licensee or Yes No interest in a loan toa any licensee?. Ifyes, attach a detailed explanation. Affirmation & Consent Ideclare under penalty of perjury in the second degree that this application and all attachments are true, correct and complete tot the best ofr my knowledge. Type,or Print Name of Applicant/Authorized Agent of Business Vesiees Dax Desivee Ellio Title owVer Signature Date (MM/DD/YY) 9-122034 Eb Report & Approval of City or County Licensing Authority The foregoing application has been examined and the premises, business conducted and character of the applicant are satisfactory, and we do hereby report that such license, ifgranted, will comply with the provisions of Title 44, Articles 4 and 3, C.R.S., and Liquor Rules. Therefore this application is approved. Local Licensing Authority For Attest Title Signature Date (MM/DDNY) Agendal ItemNo. 1 Council Date: 09/23/2024 LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY ITEM' TITLE: CITYTREASURER REPORT INITIATOR: Kristin Schwartz. City Treasurer CITYADMINISTRATORS REVIEW.ROE ACTION PROPOSED: Discussion, ifnecessary STAFF INFORMATION SOURCE: Kristin Schwartz. City Treasurer BACKGROUND: ITEMS TO BE DISCUSSED: 1. Grants Update 2. Misc. RECOMMENDATION: None necessary Agenda Item No. Council Date: 2 9/23/2024 CITY CLERK'S REPORT TO: FROM: DATE: Mayor & City Council Members Linda Williams, City Clerk September 23, 2024 Agenda Item No. Council Date: 3 9/23/2024 CITY ADMINISTRATORS REPORT TO: FROM: DATE: Mayor & City Council Members Rob Evans, City Administrator September 23, 2024 1. Coffee with Rob: September 25 - Pit Stop 2. Career Fair & Business Expo - LCC Wellness Center October 2nd -9 9:00 am - 3:00 pm 3. LCC College Rodeo - October 4th-6th 4. Lamar Chamber ofCommerce- - Oktoberfest October 5th-1 11:00 am - 9:00 pm SECCI Kick Cancer in the Cornhole Tournament - 2:00 pm 5. Projects Update 6. Miscellaneous Agenda Item 1 Council Date 9/23/2024 LAMAR CITY COUNCIL EXECUTIVE SESSION COMMENTARY Executive Sessions - (1) For a conference with the City Attorney for the purpose ofr receiving advice on specific Legal Questions under C.R.S. $24-6-402(4)(b) regarding Lamar Light and Power and Resolution 17-12-03 (2) For A conference with the City Attorney for the purpose ofr receiving advice on specific legal ITEM TITLE: Questions under C.R.S. $24-6-402(4)b) regarding the Food Truck Ordinance INITIATOR: Rob Evans. City Administrator CITY ADMINISTRATORS REVIEW: Rck ACTION PROPOSED: STAFF INFORMATION SOURCE: BACKGROUND: Executive Sessions - (1) For a conference with the City Attorney for the purpose of receiving advice on specific Legal Questions under C.R.S. 24640260regardimg Lamar Light and Power and Resolution 17-12-03 (2)] For A conference with the City Attorney: fori thej purposeofreceiving: advice on specific legal Questions under C.R.S. $24-6-402(4)(b) regarding the Food Truck Ordinance RECOMMENDATION: Agenda Item No. I Council Date: 9/23/2024 LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY Ordinance No. 1273-"An Ordinance Amending Chapter 8 Article 1 Regarding Mobile Food ITEM TITLE: Trucks and Pushcarts" INITIATOR: Kirk Crespin, Mayor ACTION PROPOSED: CITY ADMINISTRATORS REVIEW: RC6 Approve Ordinance on second reading STAFF INFORMATION SOURCE: Linda Williams, City Clerk: Rob Evans, City Administrator BACKGROUND: The City Council held a work session on Monday, August 12, 2024 at 5:15 p.m. for a discussion regarding Mobile Food Trucks and Pushcarts operating within Lamar on public owned property and City Council requested an ordinance be drafted regarding the Mobile Food Trucks and Pushcarts and brought back for approval. This ordinance was approved at the first reading on Monday August 9, 2024. public right-of-ways. RECOMMENDATION: Staff recommends that City Council approve and adopt the Ordinance on the second reading or such other action as Council may direct. ORDINANCE NO.. 1273 AND ICE CREAM VENDORS AN ORDINANCE AMENDING CHAPTER 8. ARTICLEIREGARDING MOBILE FOOD VENDORS WHEREAS, Colorado Revised Statutes $ 31-15-401 grants general police powers to the City Council to WHEREAS, the use ofmobile food trucks and pushcarts have becomei increasingly popular with residents, WHEREAS, the use of mobile food trucks and pushcarts on public property have created an unfair advantage for other businesses and a safety risk to the vendors and citizens without regulation of the vendors promulgate ordinances for the health, safety and welfare oft the public; and businesses and visitors to the City ofLamar; and location; and WHEREAS, mobile ice cream vendors operate differently than mobile food vendors as they are in static locations throughout the City for less than fifteen minutes, and should be allowed to serve customers on City property with appropriate regulations oft the vendors; and WHEREAS, the City Council of the City ofLamar has further determined that it is in the best interest of the health, safety and welfare ofthei inhabitants oft the City to exercise its express authority toi regulate thel location of mobile food vendors and mobile ice cream vendors in the City of Lamar, consider the needs of existing businesses, and adopt and establish reasonable regulations concerning their location and to amend the City of NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAMAR, Part 1: The Lamar Municipal Code, CHAPTER 8, Article I, Sec. 8-16 is hereby by amended with the Lamar Municipal Code as set forth herein. COLORADO AS FOLLOWS: addition of said section to read as follows: Sec. 8-16 Mobile Food Trucks, Pushcarts and Ice Cream Vendors (a) Definitions. For the purposes of this Article, the following terms shall have the meanings as indicated, unless the context otherwise requires: 1. Ice cream products means ice cream, frozen milk, or any other frozen dairy, or non-dairy products of similar nature that may include sorbet, shaved ice and popsicles or ice product 2. Mobile Food Truck means a retail food establishment that is not intended for aj permanent location and is a motorized wheeled vehicle, or a trailer that is licensed for use on public roadways, designed and equipped to serve food and beverages operating in either a static 3. Mobile Food Vendor means any person who sells food and/or beverages from a mobile 4. Mobile. Ice Cream Vendori means any vehicle, wheherhumar-poweret, orr motor-powered, from which ice cream products, and no other food items, are sold or offered for sale to the or confection. or transitory location and customers. food truck or pushcart, excepting mobile ice cream vendors. general public, except for any vehicle operated from a stationary location and does not include mobile establishments that serve food items other than ice cream products. 5. Pushcart means a retail food establishment that is not a motorized vehicle, a lightweight cart that is designed tol be pushed or pulled by hand andi is used tos serve: food and beverages. Pushcart does not include carts serving only ice cream products. (b) Operational Standards. Mobile food vendors: 1. Shall not operate on publicly owned property and public right-of-way without prior 2. Shall only sell food, nonalcoholic beverages, and branded merchandise specific to the approval for a special permit under Section 8-16(d). vendor. 3. Shall be in compliance with all local ordinances. 4. Shall not obstruct pedestrian or bicycle passage and shall not impede traffic flow. 5. Shalll keep the sidewalks, roadways, and other spaces adjacent to their temporary operating location clean and free oft refuse ofany kind generated from the operation oft their business. (c) Operational Standards. Mobile Ice Cream Vendor: 1. May operate on publicly owned property or public right-of-way sO long as the vehicle is not stationary for 15 minutes at one location without prior approval for a special permit under Section 8-16(d). 2. Shall lawfully and safely be stopped and not impede traffic. 3. Shall only sell ice cream products and branded merchandise specific to the vendor. 4. Shall only operate a vehicle that is clearly marked and identifiable as a mobile ice cream 5. Shall not operate or permit an employee or contractor to operate as a vendor that is a registered sex offender orl has been convicted of any sex crimes involving children. vendor. 6. Shall not operate after sunset and before 10:00 a.m. 7. Shall abide by all state, local, federal laws and ordinances. (d) Special Permit. 1. The City Council may authorize a mobile food vendor to operate on publicly owned property or public right-of-way, or may authorize a mobile ice cream vendor to remain stationary for more than 15 minutes, provided that the mobile food vendor or mobile ice cream vendor: . Completes an application for a special permit to the City Clerk. ii. Describes the date, time and location of the use of publicly owned property or public right-of-way. ii. Pays the application fee set by resolution oft the City Council. (e) Penalty. 1. Failure to comply with the terms oft this chapter shall constitute a violation oft this Code, as defined in chapter 1. Any person who is found guilty of or pleads guilty or nolo contendere to the violation of this Code shall, for each offense, be subject to a penalty as set forth in section 1-21. Each day an offense continues shall constitute a separate offense. 2. Repeated violation of this Section shall be considered aj public nuisance and such conduct shall be sufficient grounds that may result in: i. Suspension of mobile food vendors or mobile ice cream vendors business license subject to and in accordance with the process set forth in Section 8-10; or ii. Revocation of the mobile food vendors or mobile ice cream vendors business license subject to and in accordance with the process set forth in Section 8-11. CONFLICT All Ordinances, Resolutions, Bylaws, and Regulations oft the City ofLamar in conflict with the provisions ofthis Ordinance are hereby repealed. SEVERABILITY Ifany section, paragraph, clause, or provision oft this Ordinance shall bel held invalid, unenforceable or ofr no legal effect, by a court of competent jurisdiction, the invalidity of such section, paragraph, or clause shall not affect any other provision ofthis Ordinance. EFFECTIVE DATE This ordinance shall take effect thirty (30) days after publication as provided by law. READI IN FULL, PASSED, AND ORDERED PUBLISHED on first reading the gth day of September, 2024 in accordance with the City Charter. ATTEST: KIRK CRESPIN, MAYOR LINDA WILLIAMS, CITY CLERK READ IN FULL AND ADOPTED on second reading this 23rd day of September, 2024 in accordance with the City Charter. ATTEST: KIRK CRESPIN, MAYOR LINDA WILLIAMS, CITY CLERK Agenda ItemNo. 2 Council Date: 09/23/2024 LAMAR CITY COUNCIL AGENDAI ITEM COMMENTARY ITEM TITLE: Adopt Resolution 24-09-01 Amending Resolution 17-12-03 Authorizing Payment of INITIATOR: Robert Evans & Kristin Schwartz CITY ADMINISTRATORS REVIEW: RE $350.000 Per Year From the City's General Fund to the Lamar Utilities Board. ACTION PROPOSED: Adopt Resolution 24-09-01 STAFF INFORMATION SOURCE: Robert Evans, Kristin Schwartz, Manuel Tamez BACKGROUND: The City ofLamar adopted Resolution 17-12-03 that directed the City Treasurer toi transfer $350,000tot the Lamar Utilities Board which is the amount received from ARPA each year per the Settlement Agreement approved in November of2017. The purpose was to reduce electric rates. RECOMMENDATION: Adopt Resolution 24-09-01 RESOLUTION NO. 24-09-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAMAR, COLORADO, AMENDING RESOLUTION 17-12-03 FOR PURPOSES OF TERMINATING THE CITY'S PAYMENT OF $350,000 PER YEAR FROM THE CITY'S GENERAL FUND TO LAMAR LIGHT & POWER AND FOR SAID PAYMENT TO BE RETAINED BY THE CITY'S GENERAL FUND WHEREAS, the City of Lamar, Prowers County, Colorado ("City"), is a Home Rule Municipality duly organized and existing under the Home Rule Charter for the City and the EACH YEAR THEREAFTER Constitution and laws oft the State ofColorado; and WHEREAS, in November of 2017 the City Council approved a Settlement Agreement with the Arkansas River Power Authority (ARPA) that ARPA would pay to the City's general fund would three hundred fifty thousand dollars ($350,000.00) over the then twenty-six (26): years; and WHEREAS, Resolution 17-12-03 provided that beginning on December 1, 2018 the City would pay three hundred fifty thousand dollars ($350,000.00) from the City's general fund to the Lamar Light & Power for purposes oflowering rates; and WHEREAS, the City Council believes that it isi in the best interest and welfare oft the City and community to allow the three hundred fifty thousand dollars ($350,000.00) to be retained in the general fund and not transferred to the Lamar Light & Power beginning January 1, 2025 and each year thereafter; and WHEREAS, the City Council desires to amend Resolution 17-12-03 by terminating the payment from the City's general fund in the amount of three hundred fifty thousand dollars ($350,000.00) to the Lamar Light & Power beginning January 1, 2025 and each year thereafter and for said monies to be retained by the City ofLamar general fund beginning January 1, 2025 and each year thereafter; and NOW,THEREFORE, BEITE RESOLVEDBYTHE CITY COUNCIL OFTHECITY That Resolution 17-12-03 is hereby amended for purposes of terminating the City Treasurer's annual transfer of three hundred fifty thousand dollars ($350,000.00) from the City's general fund to thel Lamar Light & Power beginning January 1, 2025 and each year thereafter, and further to allow the annually received three hundred fifty thousand dollars ($350,000.00) payment to be retained beginning January 1, 2025 and each year thereafter by the City's general fund for OFI LAMAR, COLORADOTHAT: the remaining years of payment from the Arkansas River Power Authority. INTRODUCED, PASSED AND ADOPTED this 23rd day of September, 2024. CITY OF LAMAR, COLORADO By_ Attest: By: KIRK CRESPIN, Mayor LINDA WILLIAMS, City Clerk CERTIFICATION Idol hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted by the City Council for the City ofl Lamar, Colorado on September 23, 2024. Agenda Item No. Council Date: 9/23/2024 1 LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY ITEM TITLE: Approve CHP's Quote and Funding of the Health and Dental Insurance Premiums for 2025 INITIATOR: Margaret Saldana, HR Manager/ Rob Evans. City Administrator CIMADKNSTRATDASHVE, RCR ACTION PROPOSED: Accept premium funding quote and authorize Mayor to sign option sheet STAFF INFORMATION SOURCE: Human Resources Manager BACKGROUND: County Health Pool announced the renewal rates for the health insurance pool for 2025. We currently offer the PPO Plan B2000, HDHP 2500, Dual Option Dental programs (Plans A and B), Vision and a Supplemental Life policy int the amount of$10,000 which ise employer paid. The CityofLamar willl bei remaining in the Rate Band 1 which equals a 9.0%i increase for 2025 on1 thel Medical Plans. Therewilll be no rate increases to The quote received from CHP is for coverage effective. January 1, 2025 through December 31, 2025. RECOMMENDATION: Accept and authorize thel Mayor tos sign the 2025 Employer Options whichi indicatesNO life, dental or vision for 2025. CHANGE to the Medical, Dental, Vision and Life plans. Please return to Marissa Gaertner no later than October 7.2024! (Due by September 30. 2024i ifutilizing Online Enrollment!) 2025 Employer Options Medical (Check one or more) PPO! Plan A PPO! Plan B500 PPO! Plan B1000 PPO Plan B1500 PPO Plan B2000 HDHP 2000 HDHP 2500 HDHP: 5000 x NOCHANGE Dental (Check one or more) Plan A Only Planl B only No Dental NOCHANGE Vision (Check one) X Vision No Vision NOCHANGE Check one Dual Option program (Plans A and B) Employer "Package" (Employees must enroll in all benefit plans offered) X Employer "Choice" (Employees can pick and choose which benefit plans to enroll in) Life-Check one Dependent Life Option 1 Dependent Life Option 2 Supplemental Life NOC CHANGE Employer Paid Employee Paid Completed by: Name: Entity Name: Date: Check one Kivk Crespin, Mayor Lity of LAmA Signahue: Mailing Address; 800 Grant St., Suite 400, Denver, CO. 80203 Fax; 3038612832 Email; mgaermeracsLorg CHP 2025 Dental Rates 5% Commission Included (Rate structure must be maintained for at least 3 years.). Stand Alone Plan A $33.15 $86.10 Plan B $19,45 $50.35 Two-Tier Rate Structure Employee Employee plus dependent(s) Three Tier Rate Structure Employee Employee plus one Employee plus two or more $35.90 $71.60 $93.10 Plan A $35.10 $91.20 $21.00 $41.85 $54.40 Plan B $18.35 $47.30 Dual Option Two-Tier Rate Structure Employee Employee plus dependent(s) Three Tier Rate Structure Employee Employee plus one Employee plus two or more Benefits: same as those for active participants. Rates: add 2%t to those for active participants. $38.00 $75.90 $98.55 $19.65 $39.45 $51.25 COBRA Rates as ofJanuary 1, 2025 are effective through. December 31, 2025. At that time, rates will be underwritten with the Pool CTSI Sening Counties CHP 2025 Vision Rates 5% Commission Included (Rate structure must be maintained for at least 3 years.) Two-Tier Rate Structure Employee Employee plus dependent(s) Three Tier Rate Structure Employee Employee plus one Employee plus two or more, $5.99 $15.49 $5.99 $11.92 $15.49 *COBRA Benefits: same as those for active participants. Rates: add 2%1 tot those: for active participants. Rates as ofJanuary 1, 2025 are effective through December 31, 2025. At that time, rates will be underwritten with the Pool CTSI Serving Calorado's Counties Agenda Item No. 2 Council Date: 9/23/2024 LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY ITEM TITLE: Accept CIRSA's 2025 Property/Casualty Preliminary Contribution Renewal Quote. The Excess Cyber. No Fault WaterLine Rupture and/or Sewer Back-up coverage and Property Damage caused by Member's Operation ofMobile Equipment quotes are also included for this year. INITIATOR: Margaret Saldana. HR Manager/ Rob Evans. City Administrator CITY ADMINISTRATORS REVIEW: ACTION PROPOSED: Accept renewal quotes and authorize Mayor to sign acceptance forms STAFF INFORMATION SOURCE: Human Resources Manager/ City Administrator BACKGROUND: The City ofLamar has completed and submitted the CIRSA renewal application for the 2025 year. This year's quote reflects NEW minimum deductibles on property, auto physical damage, law enforcement and wind/hail deductions. Final invoices will be emailed on) December 16, 2024 and will be adjusted dependingon We have received a quote from CIRSA in the amount of $810,443.90 for coverage effective. January 1, 2025 Wel have also received optional coverage forms for Excess Cyber, No-Fault Water Line Rupture and/or Sewer Back-Up coverage, and Property Damage Caused by Member's Operation ofl Mobile Equipment. RECOMMENDATION: Accept and authorize the Mayor to sign the 2025 Property/Casualty Preliminary Contribution Quote from CIRSA. Accept and authorize the Mayor to sign the optional coverage forms (Excess Cyber, No-Fault Water Line Rupture and/or Sewer Back-up coverage and! Property Damage Caused byl Member's changes made on our renewal application. through January 1,2 2026. Operation ofMobile Equipment). CIRSA SAFERTOGETHER August 30, 2024 Margaret Saldana, HRI Director City ofl Lamar 102 East Parmenter Street Lamar, CO 81052 RE: 2025 Property/Casualty Preliminary Contribution Quotation Dear Margaret: Enclosed is the preliminary quotation fory your 2025 contribution toi the CIRSA Property/Casualty Pool. For your convenience, the quote includes al breakdown of contribution by line of coverage. As part of the 2025 Cost-Sharing Initiative, this quote reflects the NEW minimum deductibles on property, auto physical damage, law enforcement, and wind/hail deductibles. Ify your 2024 deductibles were lower than the new minimums, your quote will automatically reflect the new minimums as well as the standard wind/hail deductible. Ify you requested for 20251 the same liability limits as 2024 with different deductibles for specific property locations or for physical damage to specific vehicles, the quote is attached. Ify your requested quotes for optional liability limits, various policy level deductible options, and the alternative wind/hail deductible, quotes for those options willl be sent toy yous separately. The attached quote provides information on your 2025 contribution, the amount of any! Loss Control Credits available to your entity, and optional payment plans. Also included int this packet is a general description of thet types and monetary limits of the proposed coverages to be provided to 2025 CIRSA Property/Casualtyl members. Final invoices will be e-mailed on December 16, 2024, and will be adjusted for any changes madei to your 2025 renewal application. Quoted contributions may change if CIRSA's membership changes significantly for 2025 and/or actual excess insurance premiums are not adequately Given the increases in minimum deductibles, you may need assistance in evaluating thei impact and budgeting implications of these changes. CIRSA's Finance Team can helpy you understand the impact of these changes, including help with anticipating and estimating how tot fund these deductibles. Please contact Linda Black, Assistant Director/Chief Financial Officer, at (720) 605-5440 or lindab@cirsa.org. Our Finance Team can also provide you with additional deductible options if you wishi to increase your Newi for 2025, ify you requested a quote for one or more ofi the CIRSA: self-funded optional coverage programs, Excess Cyber (Datal Privacy and Network Security), No-Fault Water Line Rupture and/or Sewer Back-Up coverage, or Property Damage Caused by Member's Operation of Mobile Equipment coverage Ify you! have requested quotes for any of the optional coverage programs including Equipment Breakdown, Excess Crime, Community: Service Workers' Accident Medical Plan, Sports Accident Medical Plan, Occupational Accidental Death and Dismemberment Plan, Volunteer Accident Medical Plan, or Detainee Medical coverage, they are not included in this mailing. The majority of the carriers that provide coverage for each program are unable to provide quotes until later1 this year. We anticipate that funded byt the budget established within your rate. deductibles more than the current minimums. the quotes and plani information are included ini this packet. quotes for these optional coverages will ber mailed to members in October. CIRSA) 3665 Cheny Creek North Drive Denver, Colorado 80209 I 303-757-5475 800-228-7136 I www.cirsa.org 2024 Property/Casudlty. Preliminary Contribution Quotation August. 30, 2024 Page. 2 The acceptance forms must be completed and returned to CIRSA on or before Tuesday, October 1, 2024. When completing your property/casualty form, please make sure to: Initial the desired quote option you wish to accept for 2025. Write the amount of any available Loss Control Credits you wish to use ini the appropriate section of the Loss Control Credits table on the quotation sheet. Indicate which payment option you would liket for 2025 on the quotation sheet. Indicate ify you willl be participating in the optional Uninsured/Underinsured Motorist Coverage. Return the signature page signed by an authorized: signer. When completing your optional overage forms (I.E. Excess Cyber, No-Fault Water Line Rupture and/or Sewer Back-Up coverage, or Property Damage Caused by Member's Operation of Mobile Equipment, please: Indicate ify you wish to accept or decline coverage. Return the signature page signed by an authorized signer. For 2025, the average pool-wide increase is 12.6%. Your entity may see a greater or lesser increase, or overall decrease. The factors affecting your contribution include your loss history, changes in exposures and total operating expenditures, chosen deductibles, chosen limits, and your member equity balance. We thank you for your continued membership in CIRSA, andi for your commitment to public entity pooling. Ify you would like further information, or a virtual ori face-to-face meeting, please reach out to Shannon Pursley, Membership Services Manager, at (303) 594-6249 ors shannonp@cirsa.Org: Thank you for the opportunity to serve you. We look forward to continuing our relationship with youi in 2025. Sincerely, 66 Tami A. Tanoue Executive Director Enc. CIRSA) 3665 Cheny Creek North Drive Denver, Colorado 80209 I 303-757-5475 800-228-7136 I www.cirsa.org CIRSA Property/Casualty Pool Preliminary 2025 Contribution Quotation (CIRSA) LM2025PC City of Lamar 102 East Parmenter Street Lamar, CO 81052 Auto Liability Limit: Liability Limit: Schedule) Other Property Business Income Loss ofR Rents Extra Expense Valuable Papers Electronic Data Processing Accounts Receivable Fencing Mobile Equipment Law Enforcement. Animals Park Equipment Athletic Equipment Outdoorl Lighting Signage Swimming Pool Items General Outdoor Items Other Miscellaneous Property Fine Arts Watercraft Drones Auto Liability Autol Physical Damage General Liability Separately Rated Exposures Swimming Pools (Total Number) Recreational Facilities Area Electric Distribution Payroll Water/Sewer Payroll Electric Generation Payroll Public Officials Errors & Omissions Liability Employment Practices Liability Employment Benefit Liability Law Enforcement Liability Total Full-Time Police Officers Law Enforcement Liability- - Total Part-Time Reserve Officers Property Damage from Mobile Equipment Water Line Ruptures /Sewer Back-up Excess Cyber Liability Total Contribution $5,000,000 $10,000,000 Coverage Deductible $5,000** $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $1,000 $5,000* $1,000 $1,000 $1,000 $1,000 $1,000 $5,000 $5,000 $5,000 $25,000 $25,000 Contribution AIl Risk Property- Building and Contents (See/ Attached Property $325,025.74 $2,959.15 $391.26 $1,854.71 $799.86 $2,472.04 $205.87 $259.15 $9,720.06 $16.64 $799.86 $1,566.35 $343.94 $1,695.82 $127.98 $71.99 $271.95 $2,144.42 $306.90 $27.50 $1.36 $56,185.51 $84,359.71 $37,206.14 $91.99 $849.84 $4,167.20 $3,050.89 $1,818.97 $72,832.32 $3,922.93 $1,548.53 $131,476.18 $61,871.14 See Attached SeeA Attached See Attached $810,443.90 Overhead' Transmission Lines or Distribution Lines & Poles 1Page CIRSA Property/Casualty Pool Preliminary 2025 Contribution Quotation CIRSA City of Lamar 102 East Parmenter Street Lamar, CO 81052 All Risk Property Deductible: Auto Liability Deductible: Auto Physical Damage Deductible: General Liability Deductible: Public Officials Errors & Omissions Liability Deductible: Law Enforcement Liability Deductible: LM2025PC $5,000 $1,000 $5,000 $1,000 $5,000 $25,000 $5,000,000 $10,000,000 Auto Liability Limit: Liability Limit: Description Amount $702,818.58 $0.00 $107,625.32 $810,443.90 Contribution Before Reserve Fund and Loss Experience Total 2025 Preliminary Quotation before Credits Reserve Fund Contribution Impact of Loss Experience Loss Control Credits (Please indicate the amount that you wish to use. Amount may be split between available options.) Credit Options Deposit/Leave Send Check inA Account Credit Contribution Description Amount ($867.00) ($0.00) $809,576.90 2024 Loss Control Audit Credit Balance Remaining from Prior Years' LC Credits Total Preliminary Quotation with all Available Credits Billing Options (Please indicate which option you choose) Annual Billing on. January 1, 2025 Quarterly Billing January 1,April 1,J July 1, and October 1,2025 To Renew with Quoted Option Initial Here: *[ Deductible may vary by scheduled vehicle, see attached vehicle schedule. ** Deductible may' vary by scheduled property, see attached property schedule. ***Contact Linda Black, CFO at (720) 605-5440 or lindab@cirsa.org ify you are interested in other options. 2[Page This preliminary quotation includes all exposures reported on your entity's 2025 Property/Casualty Renewal Application and any Application Amendment Requests received by CIRSAI before August 1, R Regarding the Liability Deductible. shown on page 1, a $500 deductible quotation is offeredi to members, if requested, for general liability. However public officials errors and omissions deductibles cannot go below $1,000 and law enforcement liability deductibles cannot gol below $25,000. ** Regarding the Property Deductible shown on page 1, an additional property deductible will apply separately to each location in al National Flood Insurance Program (NFIP): Zone Ai iftotal building and contents values at that location are in excess of $1,000,000. The deductible will bet the maximum limit of coverage which could have been purchased through NFIP, whether it is purchased or not. The City of Lamar participated in the 2024 Uninsurea/Underinsured Motorist coverage. Please 2025. indicate ift the City of Lamar will: Accept 2025 Uninsured/Unernsured Motorist coverage Decline 2025 ninsurea/Underinsured Motorist coverage The undersigned is authorized to accept this preliminaryguotation on behalf ofthe City ofLamar. We accept this preliminary quotation for January: 1, 2025 to. January1, 2026. We understand our final invoice mayi increase or decrease depending upon the number of CIRSA Property/Casudlty. members for 2025, actual excess insurance premiums, and any changes made to our. 2025 renewal application. Signature: Title: District.) Date: Signature must be that of the Mayor, Manager, Clerk or equivalent (such as President ofa a Special This page, along with all pages of the applicable attached quote, must be returned on or before Tuesday, October 1, 2024. A mailed, faxed or e-mailed copy is acceptable. Please return to: Monique Ferguson, Underwriting Coordinator 3665 Cherry Creek North Drive Denver, CO 80209 E-Mail: Moniquer@cisa.0rg Fax: (303) 757-8950 or (800)850-8950 2025 NO-FAULT WATER LINE RUPTURE & SEWER BACKUP Quotation and Notice of Arceptance/Repection Form The City of Lamar does wish to purchase this coverage at the below option effective January 1, 2025 through December 31, 2025. Option 1- $2,500 Premises/S10,000 Aggregate - $1,213.00 pption 2- $5,000 Premise/S20,000. Aggregate - $1,821.00 Option 3 $10,000 Premises/S40,000. Aggregate- -$3,034.00 The City of Lamar does NOT wish to purchase this coverage for 2025. Reject Forre reference, the City of Lamar does participate in Option 3i in this coverage in 2024. Signature: Signature must be that of the Mayor, Manager, Clerk or equivalent (such as President of a Special District). Title: Date: This is NOT al bill. Ani invoice will be sent upon acceptance. 2025 NO-FAULT WATER LINE RUPTURE & SEWER BACKUP Optional Coverage Plan Information Coverage: Under liability lines coverage, an indemnity payment to a claimant is made only ifani incident falls within a waiver provision in the Governmental Immunity Act and the member is at fault for the damage, such as a dangerous physical condition of the public water or sanitation system arising from the member's faulty construction, operation, or maintenance. This optional coverage will pay a limited amount for damage, including cleanup costs to property of others, when the member hasi immunity or is otherwise not ati fault for the damage. This coverage is excess of any other valid collectible insurance available to the owners of the affected property. This coverage has been designed to help paya claimant's deductibles, up to the chosen sublimit per any one premises or commercial occupancy, listed below or to assist those without insurance with Members have the option of selecting the following limits of coverage: Option1 $ 2,500 Any one residential premises some oft the damage costs or clean up expenses. Limits: 2,500 Any one commercial occupancy 10,000 Annual Member Aggregate $ 5,000 Any one commercial occupancy $ 20,000 Annual Member Aggregate $ 10,000 Any one commercial occupancy $ 40,000 Annual Member Aggregate Option2 $ 5,000 Any one residential premises Option 3 $ 10,000 Any one residential premises Deductibles: $0 Claims: Claims willl be handled by the CIRSA Claims Department. Please report claims using the CIRSA on-line claims system or contact your assigned CIRSA Claims Representative. This information is provided only as a general summary of the coverages that apply or are available to CIRSA members. All coverages are governed. by the terms, conditions, exclusions and limits stated in the applicable coverage documents. This summary should not be relied on asasubstitute, for review of those documents. 2025 PROPERTY DAMAGE CAUSED BY MEMBER'S OPERATION OF MOBILE EQUIPMENT Quotation and Notice of Aceptance/Rejection Form The City of Lamar Kdoes does NOT wish to purchase this coverage for the annual premium of $1,000.00 effective January1, 2025, through December 31, 2025. For reference, the City of Lamar does participate in this coverage in 2024. Signature: Signature must be that oft the Mayor, Manager, Clerk or equivalent (such as President of a Special District). Title: Date: This is NOT al bill. An invoice will be sent upon acceptance. 2025 PROPERTY DAMAGE CAUSED BY MEMBER'S OPERATION OF MOBILE EQUIPMENT Optional Coverage Plan Information Coverage: Currently under the Governmental Immunity Act, members who cause injury or damage while operating mobile equipment have governmental immunity. This optional coverage will pay a limited amount for damage to property to others caused by the member's use of mobile equipment. This includes, but is not limited to, street sweepers, lawn mowing equipment, and mobile equipment This coverage is excess of any other valid collectible insurance available to the owners of the affected property. This coverage has been designed tol help paya claimant's deductibles (up to the $2,500 sublimit) or assist those without (other than motor vehicles) used for snowplowing, etc. insurance with some of the damage costs. Limit: $2,500 $10,000 Each Claim Annual Member Aggregate Deductible: $0 Claims: Claims will be handled by the CIRSA Claims Department. Please report claims using the CIRSA on-line claims system or contact your assigned CIRSA Claims Representative. This information is provided only as a general. summary of the coverages that apply or are available to CIRSA members. All coverages are governed by the terms, conditions, exclusions and limits stated int the applicable coverage documents. This summary should not be relied on asasubstitute) for review of those documents. Agenda Item No. Councill Date: 9/23/24 3 LAMAR CITY COUNCIL AGENDA: ITEM COMMENTARY ITEM TITLE: Accept CIRSA's 2025 Workers' Compensation Preliminary Contribution Quote INITIATOR: Margaret Saldana, HR Manager and Rob Evans. City Administrator CITY ADMINSTRATORSREVIEN, ACTION PROPOSED: Accept renewal quote and authorize Mayor to sign acceptance form STAFF INFORMATION SOURCE: Human Resources Manager/City Administrator BACKGROUND: The City ofLamar has completed and submitted the CIRSA renewal application for the 2025 The quote received from CIRSA is for coverage effective. January 1,2025 through January 1,2026. Thet total City's contribution amount is $190,495.04 for 2025 while the 2024 was $173,996.00. We have approximately $25,509 total available in loss control credits which can be applied tot thej preliminary quote. Our recommendation ist that the Balance Remainingfrom Prior Years' Loss Control Credits in the amount of$13,512.13bea applied tot the quotation which wouldi reduce the Total Preliminary Quotation to $176,982.91. Thei remaining portion ofthe overall totall loss control credits of$11,997.00 remain in the LC account to be used for safety awards and safety requests. RECOMMENDATION: Accept and authorize the Mayor to sign the 2025 Workers Compensation Preliminary Contribution Quote from CIRSA after Balance Remainingfrom Prior Years' Loss Control Credits int the amount of year. $13,512.13 are applied to the quote. CIRSA SAFERTOGETHER August 30, 2024 Margaret Saldana, HRI Director City of Lamar 102 East Parmenter Street Lamar, CO 81052 RE: 2025 Workers' Compensation Preliminary Contribution Quotation Dear Margaret: Enclosed is the preliminary quotation for your 2025 contribution to the CIRSA Workers' Compensation Pool. We're pleased to let you know that contributions reflect the excellent job The 2025 Workers' Compensation preliminary quotation letter(s) include the payroll and contribution for each classification. Ify you have requested multiple deductible options, a separate Ify you have requested a quote that reflects the same deductible as 2024's, now may be a good time tol look at your chosen deductible. Many of our members have greatly expanded their payrolis in recent years but have not increased their chosen deductibles accordingly. Al higher deductible is one wayi in which you may be able to offset your workers' compensation contribution amounts. Of course, choosing al higher deductible means that your entity will bear more of the cost of a claim, sO it's important to assess your entity's appetite and capacity for al higher deductible. CIRSA's Finance Team can help you with this assessment. If you would like to see additional deductible options, please contact Linda Black, Assistant Director/Chiefl Financial Officer, at (720)605-5440 or Being a CIRSA member offers you significant benefits that are not available elsewhere, especially if you are also obtaining your property and liability coverages through CIRSA. For example, we are able to seamlessly manage claims that cut across coverage lines, such as a workers' compensation matter that also has employment liability implications, can take a global perspective to defending and/or settling such a matter, and have a special liability coverage, available only to members of both the workers' compensation and property pools, to assist pre-loss resolution of such a matter. CIRSA's risk management services are also specifically tailored to the unique needs of Colorado municipalities. Please see the attached brochures for a summary of those services. The enclosed quotation is preliminary. Final invoices, e-mailed on December 16, 2024, willl be adjusted for any changes made to your 2025 renewal application. In addition, quoted contributions maya also change if CIRSA membership changes significantly for 2025 and/or actual excess insurance premiums are not adequately funded by the budget established within your rate. The attached quotation(s) provides information on your 2025 contribution, the amount ofa anyl Loss Control Credits available to youre entity and optional payment plans. In addition, a general description oft the types and monetary limits oft the proposed coverages to be provided to 2025 (CIRSA) 3665 Cheny Creek North Drive Denver, Colorado 80209 I 303-757-5475 800-228-7136 I www.cirsa,org members have done in controlling losses. quote for each option is attached. lindab@cirsa.org. 2025 Workers' Compensation Preliminary Contribution Quotation August 30, 2024 Page 2 CIRSA Workers' Compensation members is attached. 2024. When completing your form, please make. sure to: The acceptance form must be completed and returned to CIRSA on or before Tuesday, October1, Initial the quotation sheet that reflects your chosen 2025 deductible option. Write the amount of any available Loss Control Credits you wish to use in the appropriate section of the Loss Control Credits table on1 the quotation sheet. Indicate which payment option you would like for 2025 on the quotation sheet. Return the signature page signed by an authorized signer. Please note thati ify you have requested quotations for any of the Optional Coverage Programs, including Occupational Accidental Death & Dismemberment Plan, Sports Accident Medical Plan, Community Service' Workers' Accident Medical Plan, or Volunteer Accident Medical Plan coverage, they are not included in this mailing. The carriers that provide coverage for these programs are Ify you have any questions about your renewal quote, please don't hesitate to contact us. Shannon Pursley, Membership Services Manager, is available to offer any further explanation ofy your quote that you may require. Shannon can be reached at (303) 594-6249 or shannonp@cirsa.Org. We are Thank you fori the opportunity to serve you. Wel look forward to continuing our relationship with anticipated to provide quotes that will be mailed to members in October. also available to give presentations to your governing body upon request. you in 2025. Sincerely, 66 Tami A. Tanoue Executive Director enc. CIRSA) 3665 Cheny Creek North Drive Denver, Colorado 80209 I 303-757-5475 800-228-7136 I www.cirsa.org CIRSA Workers' Compensation Pool Preliminary 2025 Contribution Quotation (CIRSA) City of Lamar 102 East Parmenter Street Lamar, CO 81052 Deductible or SCP: $5,000 5506- Streets, Roads, Bridge Construction & Repair 7380- Drivers N.O.C. including Parking Meter Readers, Library Bookmobile 7403- Airport or Helicopter Operations Ground Crew 7520-) Waterworks Operations All Operations 7539- Electric Department including Meter Readers 7590- Garbage Worksi including Reduction, Incineration & Land Fill 7710- Firefighters & Chief 7719- Search, Rescue, Disaster & Ambulance Teams Paid & Unpaid Volunteers 7720- Police Officers, Chief, District Attorney, Investigators with Police Power, Sheriff's Posse, Jail Employees, Traffic Controllers, Armed Guards, Airport Security Personnel 8380- Garage used for Municipal Vehicles & Mobile Equipment Maintenance 8601 - Field Engineers & Surveyors 8810- Clerical or Office Employees, including Librarians, Museum Professionals &J Judges 8811- Unpaid Elected Council, Trustees & Officials 8831 Animal Control 9015- Building Management & Maintenance 9102- Parks & Recreation/ All Employees, including Swimming Pool Employees 9220- Cemetery- All Operations 9402- Street Cleaning&s Snow Removal 9403- Refuse, Garbage &F Recycling Collection, including Drivers 9410- Not Otherwise Classified-F Fields & Office 7720B Unpaid Police Officer Volunteers, Reserves &T Teams 8811A- Unpaid Appointed Boards, Commissions &T Treasurers Payroll Class Code and Description Allocated Payroll Contribution $487,637.00 $41,441.00 $190,313.00 $496,161.00 $1,904,760.00 $149,474.00 $626,434.00 $18,247.00 $1,028,950.00 $171,339.00 $64,979.00 $2,383,527.00 $109,200.00 $145,390.00 $250,631.00 $435,625.00 $227,813.00 $49,314.00 $285,433.00 $228,058.00 $16,000.00 $1,357,200.00 $10,667,926.00 $25,257.54 $2,055.07 $10,552.20 $14,377.88 $22,020.69 $3,672.11 $18,581.77 $3,071.28 $27,860.66 $3,544.64 $182.86 $2,900.59 $49.83 $2,178.45 $8,520.98 $11,397.73 $11,106.67 $1,721.59 $16,955.18 $3,382.41 $485.55 $619.36 $190,495.04 Total Contribution 1Page CIRSA Workers' Compensation Pool Preliminary 2025 Contribution Quotation (CIRSA) City of Lamar 102 East Parmenter Street Lamar, CO 81052 Deductible or SCP:$ $5,000 Description Amount $217,714.91 $3,790.95 ($31,010.82) $190,495.04 Contribution Before Reserve Fund and Loss Experience Total 2025 Preliminary Quotation before Credits Reserve Fund Contribution Impact of Loss Experience Loss Control Credits (Please indicate the amount that you wish to use. Amount may be split between available options.) Credit Options Deposit/Leave Send Check inAccount Credit Contribution Description Amount ($11,997.00) ($13,512.13) $164,985.91 2024 Loss Control Audit Credit Balance Remaining from Prior Years' LC Credits Total Preliminary Quotation with all Available Credits Billing Options (Please indicate which option you choose) Annual Billing on. January 1,2 2025 Quarterly Billing January 1, April 1,July 1, and October 1,2025 To Renew with Quoted Option Initial Here: ***Contact Linda Black, CFO at (720) 605-5440 or lindab@cirsa.org ify you are interested in other options. 2Page Preliminary 2025 Contribution Quotation This preliminary quotation includes all exposures reported on your entity's 2025 Workers' Compensation Renewal Application. The undersigned is authorized to accept this preliminary quotation on behalf oft the City of Lamar. We accept this preliminary quotation for January 1, 2025 to January: 1, 2026. We understand our final invoice mayi increase or decrease depending upon the number of Workers' Compensation members for 2025, actual excess insurance premiums, and any changes made to our. 2025 renewal application. Signature: Title: Date: Signature must be that of the Mayor, Manager, Clerk or equivalent (such as President ofa Special Both pages of this form must be returned on or before Tuesday, October 1, 2024. An emailed, District.) mailed, or faxed copy is acceptable. Please return to: Monique Ferguson, Underwriting Coordinator 3665 Cherry Creek North Drive Denver, CO8 80209 E-Mail: Moniquer@crsa.org Fax: (303)757-8950 or (800)850-8950 PROPOSED 2025 WORKERS COMPENSATION COVERAGES The types and monetary limits of the proposed coverages to be provided to CIRSA Workers' Compensation members for the applicable coverage period of. January 1, 2025 to. January: 1, 2026, are generally described below. The scope, terms, conditions, and limitations of the coverages: are governed by the applicable excess and/or reinsurance policies, the CIRSA Bylaws and Intergovernmental Agreement, and other applicable documents. I. TYPESOF COVERAGES (subject to the limit on CIRSA's liability as described in Section II below): A. Workers' Compensation coverage B. Employer's Liability coverage II. PROPOSED CIRSA Loss FUND, AGGREGATE LIMITS, RETENTIONS, ExcEss INSURERS/REINSURERS For the coverages described in Section I, CIRSA is liable only for payment oft the self-insured retentions and only to ai total annual aggregate amount for CIRSA members as a whole oft the amount of the applicable CIRSA loss fund for the coverage period. There is no aggregate excess The CIRSA loss fund is as adopted or amended from time to time byt the CIRSA Board of Directors based on the members in the Workers' Compensation Pool for the year and investment earnings on those amounts. Information on the current loss fund amounts is available from CIRSA's Finance CIRSA's proposed self-insured retention will be $750,000 per claim/occurrence for all claims made by employees. Coverages in excess of the retention (to statutory limits for Workers' Compensation coverage, and to $1,000,000/accident for Employer's Liability coverage) are provided by the excess insurers and/or reinsurers in the applicable excess and/or reinsurance policies and are payable only coverage over any loss fund. Department. by those excess insurers and/or reinsurers. III. 2025 PAYROLL AUDIT The payroll information in your 2025 renewal application is based on your estimated payroll for 2025. We will ask you to provide your actual 2025 payroll in. January 2026 and your 2025 contribution will be adjusted to reflect the actual payroll amounts. EXPLANATION OF CREDITS AVAILABLE. AND ACCEPTANCE OR WITHDRAW PROCEDURES Loss CONTROL AuDI SCORE CREDIT CIRSA members who received a Loss Control Audit Score of 80 or higheri in 2024 and renew their membership in 2025, are eligible for a Loss Control Audit Score Credit. This credit is offered to all members that take an active role in preventing or reducing their losses by complying with the CIRSA Ifyou did not receive a credit for 2025 and would like to receive one in future years, please contact Loss Control Standards. your Risk Control Representative. Loss CONTROL ACCOUNT The CIRSA Board of Directors has approved your use of any balance in1 the Loss Control Credit Account, except any Special Credit monies, to pay 2025 contributions. Your entity's balance in this account, ifany, is shown on the quote letter. ACCEPTANCE PROCEDURES Please complete the enclosed acceptance form indicating your decision for 2025 and return it to the CIRSA office on or before Tuesday, October. 1, 2024. Failure to return the form in time may result int the imposition of penalties under CIRSA Bylaw Article! XIV upon withdrawal. WITHDRAWAL PROCEDURES (if applicable) The enclosed Article XIV oft the CIRSA Bylaws describes withdrawal procedures from CIRSA. Written notice of withdrawal must be received by CIRSA no later than Tuesday, October. 1, 2024, fora withdrawal without penalty effective. January 1, 2025. No withdrawing member shall be eligible Article XIV should be read in its entirety for any penalties which would otherwise apply. Withdrawing members who subsequently apply to rejoin CIRSA may bes subject to such terms and for the above-described credits. conditions as established by the CIRSA Board of Directors. Agenda Item No. 4 Council Date: 9/23/2024 LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY ITEMTITLE: INITIATOR: ACTION PROPOSED: Approve Streamline Agreement for New Website Anne-Marie Crampton CITY ADMINISTRATORS REVIEW: ACE Approve agreement with Streamline STAFF INFORMATION SOURCE: Anne-Marie Crampton. Thomas Sanchez. Martha Alvarez BACKGROUND: The City has been attempting to resolve two longstanding issues: improving its website and complying with new web accessibility requirements. IT and Community Development staffhave been looking for a common solution for both challenges as they have participated in software demonstrations. Streamline offers a user-friendly platform to move and reorganize our existing website and the best assistance for web accessibility from the solutions investigated. Staff does not anticipate any issues with activating the new website prior to Tyler Technology modules become available. There is no multiple-year contract. RECOMMENDATION: Approve and authorize the Mayor to sign agreement. (916)900-6619 nfo@getstreomine.om wwwgetsteominecom STREAMLINE 3301 CS Street #1000, Sacramento, CA95816 Streamline Platform - Subscription Agreement CUSTOMER: City of Lamar ORDER DATE: 09/06/2024 This Software as a Service Agreement ("Agreement") is entered into on the start date listed below, between Streamline (DBA of Digital Deployment, Inc.) with a place of business at 3301 C Street #1000, Sacramento, CA 95816 ("Company"), and the Customer listed above ("Customer"). This Agreement incorporates the Streamline Terms of Service. W9 is available online. Most customers prefer annual billing for convenience, but all subscriptions are DESCRIPTION OF SERVICES: See Page 21 for an overview of what Streamline Web includes, and for more information cancellable anytime with a written 30-day notice. please review our subscription-bosed website toolkit for localgovernment. SUBSCRIPTION ORDER: Name Price $7,980.00 Streamline Flex Community Pro One-Time Build Costs: $2500 Invoice Frequency: Annually Additional Billing Details: Paying with check? Order; #: 21050759226 Original Order? Original Billing Start Date: 10/01/2024 Mail the check to: PO Box 207561, Dallas, TX753207561 Billing Person: Billing Address: City, State, Zip: Streamline: Name: Title: Date: Signature: Phone: Email: Customer: Name: Title: Date: Signature: (916)900-6619 nfo@getsreomine.com wwowgetstreminecom STREAMLINE 3301 CS Street #1000, Sacramento, CA 95816 (916)900-6619 nfo@getstreomine.com wwwgetstreomine.com STREAMLINE 3301 C Street #1000, Sacramento, CAS 95816 What Your Subscription Includes Easy-to-use website tool allows you to control your content no more waiting ona Built-in ADA compliance (the platform isi fully accessible out of the' "box"). State-specific transparency dashboard with checkpoints for all posting requirements. Meeting dashboard with agenda reminders, one-click agenda and minute upload that Ongoing improvements to existing features included at no cost your software will vendor orl IT. Technology takes seconds. never be out of date. Multiple options fori initial site build and migrating existing content. Introduction to your state requirements sO you know what needs to be posted. Training for anyone on your staff via remote meeting to help you learn the system. Free domain included comemuaspecodsindon or connect your own custom Free SSL security certificate so that your site is served over https and visitors are Setup and Training domain/web address. protected. Unlimited supporti is included for anyone on your staff responsible for updating the Support system is built into your website get help with the click of a button. Unlimited hosting of content and files so your never have to "upgrade" your account. Extensive knowledge base of how-to articles and getting started guides are available Can't figure out how to send your question? That's ok, you'll have our technical website. Ongoing Support 24/7. support number, too. And if (when) your state passes additional website mandates, Streamline Web will be updated to help you comply as effortlessly as possible. 9/6/24, 12:36F PM Streamline Terms of Service STREAMLINE Contact Us Streamline Terms Related to the use of Streamline software. To learn more about the plans offered by Streamline, including indemnification levels, please see our Plans page. Streamline TM Terms of Service Would you like to be notified when our Terms of Service change? Subscribe to Terms of Services updates > THE TERMS AND CONDITIONS CONTAINED HEREIN CAGREEMENT APPLYTO ALL USE OF THE HOSTED SERVICES PROVIDED BY STREAMLINE SOFTWARE, INC. STREAMLINE) TO YOU AND THE ORGANIZATION YOU REPRESENT (TOGETHER, "CUSTOMER"). BY. ACCESSING OR USING ANY OF STREAMLINES SERVICES OR SOFTWARE, CUSTOMER AGREES TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT WILL BE DEEMED EFFECTIVE ON THE DATE ITI IS AGREED TO BY CUSTOMER AS PART OF THE ORDER PROCESS - AS DEFINED IN SECTION 1 BELOW) ("EFFECTIVE DATE"). IN THE EVENT THERE ISA SEPARATELY NEGOTIATED AND EXECUTED MASTER AGREEMENT BETWEEN STREAMLINE AND CUSTOMER WITH RESPECT TO PROCUREMENT OF THE ps.hwwgetsireaminecomereaminelams 1/14 9/6/24, 12:36 PM Streamline Terms of Service STREAMLINE Contact Us 1. THE SERVICE 1.1. Provision of the Service. Subject to all the terms of this Agreement, Streamline grants Customer the non-sublicensable, non-transterrable, nonexclusive, limited right to remotely access and use the service described in the Order Process (as defined below) and any associated materials provided or made available (e.g. online) by Streamline (such as documentation) (collectively, the "Service") - but only for Customer's own business purposes. The "Order Process" is Streamline's online order process (or a schedule, statement of work and/or other ordering document executed by the parties). All activity under the Agreement shall be strictly in accordance with and subject to Streamline's applicable usage documentation (if any) (Documentation"). 1.2. Services Levels. Streamline will use commercially reasonable efforts to ensure the Service is substantially operational on a 24/7 basis (subject to downtime for scheduled maintenance, emergency maintenance, and matters beyond Streamline's reasonable control). 1.3. General Restrictions. Customer shall not (and shall not allow any third party to): (a) rent, lease, copy, provide access to or sublicense the Service to a third party (except contractors acting on Customer's behalf - and Customer is fully responsible and liable for their breach of this Agreement); (b) use the Service to help develop any competitive product or service, (c) use the Service for the benefit of any third party, (d) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code to any of any part of the Service, (e) modify or create derivatives of the Service or any other materials provided by Streamline, or (f) remove or obscure any proprietary or other notices contained in the Service or documentation provided by Streamline. 1.4. Customer's Third-Party Services. The Service will enable Customer to send Customer Data (as defined in Section 2.1 below) to and from different third-party products, services, sources, and destinations ("Third-Party Services"). Customer's, use of any Third-Party Services is subject to Customer's separate agreement with the provider. Customer is responsible for selecting and configuring the Third-Party Services ps/wwegetsirmaminecomsreaminelems 2/14 9/6/24, 12:36PM Streamline Terms of Service STREAMLINE Contact Us or technology, or now tne providers use or protect Customer Data. For Clarity, Streamline has no liability or obligation under the separate agreement between 1.5. Feedback. Notwithstanding anything else, Customer grants Streamline a perpetual, irrevocable, royalty free, paid-up, sub-licensable, right and license to use, display, reproduce, distribute and otherwise exploit Feedback for any purposes. Streamline agrees that (1) Customer does not have to provide Feedback, and (i) all Feedback is provided "AS IS". Feedback" means all suggestions for improvement or enhancement, recommendations, comments, opinions or other feedback provided by Customer (whether in oral, electronic or written form) to Streamline for the Service. Customer and the applicable third-party provider. 2. CUSTOMER DATA 2.1. Generally. "Customer Data" means all data provided by Customer or its systems or providers to Streamline. As between the parties, Customer shall retain all right, title and interest in the Customer Data. Subject to the terms of this Agreement, Customer hereby grants to Streamline a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Customer Data to the extent necessary to provide the Service to Customer. Streamline will not sell, distribute, or otherwise provide any Customer Data to any third party (but data will be stored and processed by Streamline's services providers to the extent acting on Streamline's behalf hereunder and provided that Streamline is fully liable for their breach of this Agreement. Customer represents and warrants that (i) it has all rights and authorization to provide the Customer Data, (i) the provision of Customer Data, and Streamline's use of the data as authorized hereunder, is allow by Customer's privacy policy, and (ii) Customer's provision, use and maintenance of Customer Data complies with all laws, regulations and third-party rights. For clarity, Customer is fully responsible for ensuring that its end users agree to a Customer privacy policy that allows for such information to be used hereunder. ps.hwmgesireaminecomstraminelems 3/14 9/6/24, 12:36F PM Streamline Terms of Service STREAMLINE Contact Us protect tne Integrity OT Customer Data. 2.3.A Aggregate and Deidentified Data. Streamline will have an irrevocable, perpetual right to retain and internally use any Customer Data in an aggregated and deidentified form to internally improve its products and services (such as training algorithms). 3. CUSTOMER CONTENT. 3.1. Customer's Own Content. Customer is responsible for all materials, information, photos, and content ("Content") uploaded, posted or stored through its use of the Service. Customer grants Streamline a worldwide, royalty-free, non-exclusive license to host, display, and use any Content provided through Customer's use of the Service. If Customer shares Content in a manner designed to be shared with other Service users, Customer acknowledges and agrees to such sharing. Customer should archive its Content frequently. Streamline is not responsible for any lost, damaged, or unrecoverable Content. Customer also acknowledges that Streamline is not responsible or liable with respect to Customer's use of, or access to, any Content provided by other Customer agrees not to use, nor permit any third party to use, the Service to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following: Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal Content that would impersonate someone else or falsely represent Customer's (or any person's) identity or qualifications, or that constitutes a breach of any individual's Except as permitted by Streamline in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or users. or foreign law; privacy; ittps/www.getstreamine.comstreamine-terms 4/14 9/6/24, 12:36P PM Streamline Terms of Service STREAMLINE Contact Us legally sufficient permission from the copyright owner or intellectual property rights owner. 3.2. Monitoring Customer's Content. Streamline may, but has no obligation to, monitor content on the Service. Streamline may disclose any information necessary to satisfy its legal obligations, protect Streamline or its customers, or operate the Service properly. Streamline, in its sole discretion and by providing written notice to Customer, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. 3.3. Community Forums. The Service may include a community forum or other social features to exchange content and information with other users of the Service and the public. Streamline does not support and is not responsible for the content in these community forums. Customer is responsible for all its interactions with, and its use of content from, any other community users. Customer should not reveal information that it does not want to make public. Users may post hypertext links to content of third parties for which Streamline is not responsible. 4. INTELLECTUAL PROPERTY No intellectual property rights are assigned or transferred by Streamline hereunder. 5. FEES AND PAYMENT 5.1. Fees and Payment. All fees are as set forth on Streamline's website (or as otherwise agreed to by Streamline and Customer in writing). Fees are payable when due. If Customer has provided Streamline with a credit card or bank account number, ps.hmwgelstreaminecomareaminelems 5/14 9/6/24, 12:36 PM Streamline Terms of Service STREAMLINE Contact Us usage on a pro rata pasis Tor the remainder OT tne term. Streamiine may adjust tne tees charged to Customer hereunder on notice at any time. If Customer does not want to agree to any fee increase, its sole remedy, and Streamline's exclusive liability, is to terminate this Agreement on notice (or by canceling Customer's Service account via the functionality provided therein). If Customer disagrees with an invoice, it must notify Streamline within thirty (30) days from receipt of the invoice = or it is deemed final. Streamline's fees are exclusive of all taxes and other governmental assessments. Customer is responsible for all of the foregoing - other than taxes based on the income 5.2. Late Payments. In the event of late payments, Customer agrees to pay interest at the rate of one and one-half percent (1.5%) per month (or the maximum rate permitted by applicable law, whichever is less). In addition, Customer will reimburse Streamline for all costs of collection (including attorneys' fees). If Customer's account is thirty (30) days or more overdue, in addition to any of its other rights or remedies, Streamline reserves the right to suspend Customer's access to the Service, with or without notice, of Streamline. without liability to Customer until such amounts are paid in full. 6. TERM AND TERMINATION 6.1. Term. This Agreement will begin on the Effective Date and will have the subscription term selected by Customer in the Order Process "Subscription Term"). The Subscription Term will automatically renew for successive renewal terms of equal length to the initial Subscription Term, unless: (i) Customer cancels its Service account via the account functionality prior to the renewal date, or (ii) this Agreement is otherwise terminated as set out herein. 6.2. Termination. Streamline may terminate this Agreement and the Subscription Term at any time, with or without notice; provided that, if such termination is in the middle ofa a Subscription Term and termination if not for Customer's breach, Streamline will refund all fees paid in advance for the remainder of the Subscription Term. Customer shall tps/Mawgetstreaminecomsreaminelem: 6/14 9/6/24, 12:36F PM Streamline Terms of Service STREAMLINE Contact Us written nouce (sucn nouice must contain suricient detall as tO tne nature oT tne preacn and state the intent to terminate); (b) ceases operation without a successor; or (c) seeks protection under, or is subject to, any bankruptcy, receivership or comparable proceeding. 6.3. Effect of Termination. Upon any expiration or termination of this Agreement, (1) Customer shall immediately cease any and all use of and access to the Service and (i) Customer will return to Streamline (or destroy at the Streamline's request) its Confidential Information (subject to Section 6.4 below). In the event this Agreement is terminated by Customer for Streamline's uncured breach as authorized in Section 6.2, Streamline will promptly refund to Customer all fees paid in advance for the remainder of the term. Except as expressly set forth in the preceding sentence, all fees are non- Customer Data. During the thirty (30) days period immediately following expiration or termination of this Agreement, Streamline will, on request, provide Customer with a refundable and non-cancellable. copy of its Customer Data (in a format reasonably requested). 6.4. Survival. The following Sections shall survive any expiration or termination of this Agreement: 1.3, 1.4, 1.5, 2.3, 5 (with respect to outstanding payment obligations), 6, 7.3,8, 9 and 11. 7.WARRANTIES; DISCLAIMER 7.1. Mutual Warranties. Each party represents and warrants that (1) it has all right, power, and authority to execute this Agreement and perform hereunder, (ii) its activities in connection with this Agreement will not violate any laws or regulations, and (ili) its performance will not conflict with an obligations it has to any third party. 7.2. Services Warranties. Streamline warrants, for Customer's benefit only, that the Services will operate in conformity, in all material respects, with the applicable Documentation. Streamline does not warrant that Customer's use of the Service will be ps/wmgetsireaminecomsreaminelems 7/14 9/6/24, 12:36F PM Streamline Terms of Service STREAMLINE Contact Us customer witn an error correction or work-around tnat corrects tne reported non- conformity, or if Streamline determines such remedies to be impracticable, to allow Customer to terminate the Subscription Term and receive as its sole remedy a refund of any fees Customer has pre-paid for use of the Service or as of the date of the warranty claim. The limited warranty set forth in this Section 2 shall not apply: (i) unless Customer makes a claim within thirty (30) days of the date on which the condition giving rise to the claim first appeared, (i) if the error was caused by misuse, unauthorized modifications or third-party hardware, software or services, or (ii) if the Service is provided on a no-charge or evaluation basis. This Section 7.2 will not apply if the Services are provided on a beta, evaluation, or otherwise free basis. 7.3. Disclaimer; Limitation on Liability. EXCEPT AS SET FORTH IN SECTION 7.1, THE SERVICE IS PROVIDED "AS IS" AND STREAMLINE DISCLAIMS (ON BEHALF OF ITSELF AND ITS PARTNERS AND PROVIDERS). ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF STREAMLINE OR THE SERVICES PROVIDE ANY OUTPUT OR ADVICE (SUCH AS ADVICE ON COMPLIANCE WITH LAWS OR REGULATIONS REGARDING WEB ACCESSIBILITY), SUCH OUTPUT AND ADVICE IS PROVIDED "ASI IS". STREAMLINE IS NOT CUSTOMER'S LEGAL COUNSEL. STREAMLINE SHALL NOT LIABLE, UNDER ANY LEGAL OR EQUITABLE THEORY OF LAW, WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT FOR ANY: (I) INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, (II) AMOUNTS IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY CUSTOMER TO STREAMLINE DURING THE MMEDIATELY PRECEDING SIX (6) MONTH PERIOD (OR, IF NO AMOUNTS HAVE BEEN PAID, SUCHAMOUNT SHALL BE US$1,000.00), OR (III) THE COST OF PROCUREMENT OF SUBSTITUTE TECHNOLOGY OR SERVICES. STREAMLINES PARTNERS AND PROVIDERS SHALL HAVE NO LIABILITY IN CONNECTION WITH THIS AGREEMENI. ittps:l/www.getstreamine.comstreamline-terms 8/14 9/6/24, 12:36 PM Streamline Terms of Service STREAMLINE Contact Us CUSIOMERS USE OK RELIANCE UN SUCH OUIPUI URADVICE. 8. INDEMNIFICATION 8.1 Streamline shall indemnify and hold harmless Customer from and against any third party claim: (1) that the website operated by Customer in association with the Service violates the Americans with Disabilities Act (ADA) (or any similar federal, state, or local web accessibility regulations in any jurisdictions within the United States of America) due to a failure of the Service to provide proper regulatory compliance guidance, (i) that the Service (as provided by Streamline) infringes any patent, copyright, or trademark, or 8.2 Streamline's indemnity obligations are contingent on Customer providing Streamline with: (i) prompt written notice of such claim (but in any event notice in sufficient time for Streamline to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement (if applicable) of such claim; and (ii) all reasonable 8.3 Section 8.1() will not apply to any issues with Customer's website that could have been avoided if Customer had followed any advice or best practices provided via the Service. In addition, Section 8.1() will only apply to a particular claim to the extent such outstanding items and tasks on the Accessibility Dashboard" forming the basis of such claim were completed at the time of the alleged visit to the website by the plaintiff or (iii) that Streamline violates any laws or regulations. necessary cooperation of Customer. complaining party. With respect to Section 8.1(), if Customer's use of the Service is, or in Streamline's opinion is likely to be, enjoined due to the type of infringement specified above, or if required by settlement, Streamline may, in its sole discretion: (a) substitute substantially functionally similar products or services; (b) procure for Customer the right to continue using the Service; or if (a) and (b) are commercially impracticable, (c) terminate the Agreement and Streamline will promptly refund to Customer all fees paid in advance for the remainder of the term. The foregoing indemnification obligation of Streamline shall tps.Mwwgetsieaminecomsreaminelem: 9/14 9/6/24, 12:36PM Streamline Terms of Service STREAMLINE Contact Us tne extent tne alleged inrringement IS caused Dy sucn compination, (3) tO any unauthorized use of the Service; or (4) any action arising as a result of Customer Data ora any third-party deliverables or components contained within the Service. 8.4 Indemnification Coverage. Streamline's indemnification obligations will be limited to the monetary amounts set forth at wgasrcaminecumpang (according to the specific tier purchased by Customer) provided that such amounts are applicable to the indemnification obligations described in this Agreement. In the event of a class actions (or similar) lawsuit, the cap will apply to all claims in the aggregate (not on an individual basis). 9. CONFIDENTIAL INFORMATION Each party agrees that all business and technical information it obtains ("Receiving Party") from the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party ("Confidential Information), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be Confidential Information due to the nature of the information disclosed and the circumstances surrounding the disclosure. All fees and pricing information will be Streamline's Confidential Information. Except as expressly authorized herein, the Receiving Party will, using reasonable measures, hold in confidence and not use or disclose any Confidential Information. In addition, all confidential information from Streamline's partners or providers will, as between Streamline and Customer, be Streamline's Confidential Information. The Receiving Party's nondisclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (i) is or has become public knowledge through no fault of the Receiving Party, or (ii) is required to be disclosed by law. Ifrequired to be disclosed by law, the Receiving Party will immediately notify the Disclosing Party and use its best efforts to limit the extent of the disclosure. The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party ps.hawgetsirpamineccomareaminelems 10/14 9/6/24, 12:36 PM Streamline Terms of Service STREAMLINE Contact Us The Parties further acknowledge that Customer is a public agency subject to the Records Act (Gov. Code, S 7920.000 et seq.). 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Subscribe to Streamline TOS Updates First name* Last name* Email* SUBMIT About Us We build tools to help special districts with online compliance, internal operations: and community outreach- Our accessible and compliant websites, intranet software, and communication tools help districts promote the important work they do. 13/14 eps/hwwgetsrvaminecomareaminelems 9/6/24, 12:36PM Streamline Terms of Service STREAMLINE Contact Us 5Thing Special Districts Need to Know About the Latest DOJ Ruling Help Our Community Gain Access to Federal Resources Artificial Intelligence (AI): Opportunities and Risks for Districts June 26: 2024 March 22 2024 February 5: 2024 Contact 3301 C Stréet, Suite 1000, Sacramento, CA. 95816 General nlo@getsreamine.com Supports uppondgeieamnacon tps/wagetsiremineccomereaminelems 14/14 Agendal ItemNo. 5 Council Date: 09/23/2024 LAMAR CITY COUNCIL AGENDAITEMO COMMENTARY ITEM TITLE: Permission to Apply for the Firehouse Subs Public Safety Foundation Grant INITIATOR: Kristin Schwartz. Tess Camp. Chief Burkhart CITY ADMINISTRATORS REVIEW: RCD ACTION PROPOSED: Authorize staffto Apply for funding for the Fire Department STAFF INFORMATION SOURCE: Kristin Schwartz. Robert Evans. Tess Camp. Chief Burkhart BACKGROUND: Firehouse Sub's mission is to impact the lifesaving capabilities, and the lives ofl local heroes and their communities. This is accomplished by providing lifesaving equipment and prevention education tools to first responders and public safety organizations. Our intent is toj purchase 2 self-contained breathing apparatus (SCBA's). We will apply for $25,000. There is not a required match. RECOMMENDATION: Authorize stafft to apply for the Firehouse Subs Public Safety Foundation Grant SAMPLE- Visit FirehouseSubsFoundation.org to apply online. FIREHOUSE, SUBS DUNDATIO Firehouse Subs Public Safety Foundation Grant Application 1 SAMPLE- Visit FirehouseSubsFoundation.org to apply online. Congratulations! Your organization has met Firehouse Subs Public Safety Foundation's: pre-qualification criteria to be considered for a grant. STOP HERE & PRINTTHIS. PAGE. You will not be able to return to this page. Thank you for your interest in Firehouse Subs Public Safety Foundation, where we are committed to giving back to communities by supporting first responders and public safety organizations with lifesaving equipment and funding resources. PLEASE APPLYI EARLY IMPORTANT: A maximum of 600 grant applications are accepted on a quarterly basis. Once the maximum number ofapplications is met, the site will close for the remainder ofthe quarter. Applications are considered on a quarterly basis ALL approvals and denials will be emailed to applicants within two months after the grant deadline. Please do not email our Foundation DO1 NOT send email inquiries to the Firehouse Subs Care Center or through thel Firehouse Subs EMS DONOT phone the Firehouse Subs main office or Firehouse Subs restaurants with grant inquiries. regarding the status ofyour application. survey. The grant process is a partnership. We greatly appreciate your cooperation and compliance. 2 SAMPLE- Visit Frehoussubafoundatcnog to apply online. APPLICATION GUIDELINES AND REQUIRED ATTACHMENTS Please prepare the following attachments before you continue. We cannot consider your applicationif STOP HERE & PRINTTHIS. PAGE. You will not be able toi return to this page. any of the required information is missing. Background/History community Briefhistory of your department or organization, and how this grant will benefit your Vendor Equipment Quote/Bid You must provide an official vendor quote with thej following information for your grant request to be considered. Submitted quotes MUSTmeet the requirements below, please read carefully: Vendor sales representative first and last name must bei included on quote o Vendor email Thei first and last name ofa contact person from your organization must bei included o Only one vendor quote can be submitted. Your application will: not be considered if more than one Must be dated within six months of the application deadline o Must contain only thei item(s) Thei total dollar amount and equipment quantities in the vendor quote. MUSTMATCH the Include sales tax and: freight charges, if applicable. Firehouse Subs Public Safety Foundation will not be responsible: for additional shipping costs or tax not included in the quote. Firehouse Subs Public Safety Foundation will not bei responsible for restocking fees or costs address must bei included on quote The name & physical address ofy your organization must bei included quote is submitted. Quotes must bei itemized o Online quotes will not be accepted pertaining to your grant request total that your department is requesting on the application Maintenance plans and extended warranties are: not permissible related to errors within your quote Note: When requesting a quote/bid from a vendor, please share our quote requirements and notify them that you are applying for a grant from our Foundation. Most Recent Financial Information Financials must show revenue and expenses and list the name ofyour organization, city or county. Arecent- -within one month - Balance Sheet which consists of Assets and Liabilities OA recent within one month - Profit & Loss Statement also called an Income Statement o. A current year annual budget showing projected income and expenses o A previous year audit One ofthefollowing options must be submitted: or990 Equipment Inventory Inventory documentation must list the name ofyour organization. Equipment inventoryi is required for first responder organizations only. Ifs your organization does not have apparatus, vehicles or specialized equipment, please attach a document noting that the organization does not have any applicable inventory. 3 SAMPLE- Visit FirehouseSubsFoundation.org to apply online. First Responder Organizations: Please include al list of apparatus, vehicles and other specialized equipment. The lists we: receive varyi in length depending on the size and type of organization. (For example, include items such as vehicles, extrication equipment, breathing devices, and personal protective equipment/PPE) Internal Revenue Service Form W-9 (Rev. October 2018) o. Please contact your accounting department or treasurer to obtain a completed W-gform. Your application will not be considered if anyofthej following sections ofyour W-9 are missing. Name as shown on yourincome tax return Entity Name, ifdifferent from linei Federal' Tax Classification (including Other explanation if required) . Exempt payee code (ifany) Address City, State & Zip Code Employer ID Number (EIN) Signed by an official oft the organization Dated no more than oney year from the submission date of this appliçation CLICKHEREto preview samples of completedw-yforms. FREQUENTLY ASKED QUESTIONS & TIPS STOP HERE & PRINTTHIS. PAGE. You will not be able to return to this page. Please Apply Early. AI maximum of 600 applications are accepted on a quarterlyl basis. Please do not contact area restaurants or Firehouse Subs Care center with grants questions. What does the Firehouse Subs Public Safety Foundation support? safety organizations. All requests must fall within our funding guidelines via firehousesubsfoundationarabout-us/funding-areas Are there items that your Foundation does not support? All requests must fall within our funding guidelines found on our website Our Mission is toi impact thel lifesaving capabilities, and the! lives oflocal heroes and their communities by providing lifesaving equipment and prevention education tools toi first responders, non-profits and public via rhousafomhatimarAAbatstimaineams: Examples ofi items that are: not supported by our board of directors! include: body cameras building exhaust removal systems crash data boxes dash cams drones and drone accessories exercise equipment inflatable bounce houses license plate readers Narcan &' TruNar analyzers guns/firearms/use off force equipment, riot gear, laser pointers (designators) &1 tasers Cardiac Science Powerheart G3 AEDS & Philips FR3 AEDs Polar Breeze thermal rehabilitation systems 4 SAMPLE- Visit FirehouseSubSFoundation.0rg to apply online. portable message signs power load stretchers radar detectors recording devices refurbished equipment stop sticks throw bots traffic road barriers promotional items including apparel, costumes & Pluggie the firej plug/Sparky the Fire Dog robots security systems & surveillance equipment Who can apply for this grant? Fire Departments, law enforcement, EMS, municipal &s state organizations, public safety organizations, nonprofits and schools are encouraged to apply for lifesaving equipment. Ifmy organization has received a grant award from Firehouse Subs Public Safety Foundation in We ask that grant recipients wait a minimum oft twoy years from the date of approval before reapplying. Does the Foundation provide reimbursements for purchased equipment? No. Ifyour organization has already purchased the equipment and is seeking reimbursement, please doi not the past, when can we: reapply? apply. What are the most common reasons a grant application is marked incomplete? Quote is missing the required contact information and/or is noti itemized Financials are outdated and/or do not includel both revenues and expenses Alternate contact information is the same contact information as the main contact information The name of the organization is missing on the inventory and/or financials W9 form is missing the required information Can my organization submit multiple grant applications? The Foundation does not accept morei than one grant request per organization each quarter. Ify your organization receives a grant, please wait ai minimum of two years fromi the date of approval to apply again. Is the Firehouse Subs Public Safety Foundation grant a matching grant? There are: noi matching funds involved in our organization's grants program. Ifmy request is more or less than $20,000 will it be considered? $15,000-$25,0001 is a guideline. Requests exceeding $50,000 willl be denied. What financial information should we] provide? Financials must show revenue and expenses and list the name ofyour organization, city or county. One of the following options must be submitted: o A recent within one: month - Balance Sheet which consists of Assets and Liabilities o. A recent within one: month - Profit & Loss Statement also called an Income Statement o. A current year annual budget showing projected income and expenses o Aj previous year audit or9 990 5 SAMPLE- Visit FirehouseSubsFoundation.org to apply online. What is needed for the required vendor quote/bid attachment? You must provide an official vendor quote with thej following information) for your grant request to be considered. Submitted quotes. MUST meet the requirements below, please read carefully: Vendor sales representative first and last name: must bei included on quote o Vendor email The first & last name ofa contact person from your organization must be included o Only one vendor quote can be submitted. Your application willl be marked incomplete ifr more than one Must be dated within six months of the application deadline o Must contain only the item(s) Thei total dollar amount and equipment quantities in the vendor quote MUSTMATCH the Include sales tax ifa applicable and freight charges, ifapplicable. Firehouse Subs Public Safety Foundation will not bei responsible for additional shipping costs or sales tax noti included in The cost of maintenance plans and extended warranties are: not permissible Firehouse Subs Public Safety Foundation will not be responsible for restocking fees or costs address must be included on quote The name & physical address ofyour organization must bei included quote is submitted. Quote must bei itemized o Online quotes will not be accepted pertaining to your grant request total that your department is requesting on the application the submitted quote. related to errors within your quote Note: When requesting a quote/bid from a vendor, please share our quote requirements and notify the vendor that you are applying for a grant from our Foundation. What inventory information shouldI Iprovide? Equipment inventory is required for first responder organizations only. If your organization does not have apparatus, vehicles or specialized equipment, please attach a document noting that the organization does not have any applicable inventory, and include the name of your organization on the document. For first responders: The inventory documentation must list the name of your organization. Please includea list of apparatus, vehicles and other specialized equipment, ifapplicable. Thel lists we: receive varyin] length depending on the size and type of organization. (For example, include items such as vehicles, extrication Ifmy department is located more than 60 miles from a Firehouse Subs restaurant, shouldIstill Our Foundation focuses its resources in areas served by Firehouse Subs restaurants, however, we recognize the need ofrural and volunteer departments throughout the country, and will consider applications outside equipment, breathing devices, and personal protective equipment/PPE). apply? oft the 60-mile guideline. When can we expect to find out if our grant has been approved or denied? Grant award notifications willl be emailed to ALL applicants within two months after the grant deadline. Please do not contact thel Foundation, restaurants or the Firehouse Subs Care Center with questions Does Firehouse Subs Public Safety Foundation fund requests for "use ofi force"? Firehouse Subs Public Safety Foundation does not accept grant requests for "use off force" items such as guns, regarding your grant status. tasers, riot gear, or firearm simulators. 6 SAMPLE- Visit Fretousesubfoundatnog to apply online. Does the Foundation only work with specific equipment vendors? No, the Firehouse Subs Public Safety Foundation does not endorse any specifice equipment vendor or brand. Our goal is toj provide the equipment that best fits the needs of our recipients, at thel best possible price, to enable us to help more organizations. Does the Foundation fund requests for refurbished equipment? We do not accept grant requests for refurbished or pre-owned equipment. Does the Foundation fund requests for patent-pending equipment? We do not accept grant requests for patent-pending: products. Does the Foundation accept requests for partial funding? We will consider requests for partial funding, however, thel balance of funds must be secured and outlined within your grant request. Documentation of partial funding must bei included as part ofy your We are unablei to provide any additional assistance due to the volume of applications received daily. For technical questions, please email Foundation@FirehotirehouseSubs.com. Firehouse Subs Public Safety Foundation Scholarships Program FAQs How can an individual apply for a Firehouse Subs Public Safety Foundation scholarship? Thes scholarship program is open to communitymembers as well as Firehouse Subs employees planning to enroll in a part-time or full-time: firefighter, law enforcement or emergency medical (paramedic orl EMT) program at an accredited two- or four-year college, university or vocational technical school fori the background/history. attachment. upcoming academic: year. Click] here tol learn more. How can accredited schools apply for scholarship funding? Accredited schools can apply fors scholarship funding in support of firefighter, law enforcement or emergency We are unablet toj provide any additional assistance due to the volume ofapplications received daily. For technical questions, please email Foundation@FirchouseSubs.com. medical (paramedic or EMT) programs by completing the online grant applications via rantsfrelousesubscom. 7 SAMPLE- Visit FirehouseSubsFoundation.0rg to apply online. ACCOUNT REGISTRATION Applicant First Name* Applicant Last Name* Applicant Title* Email* (we prefer an official email address for your orgamiration/Cepartmeny Applicant Cell Phone Number * *Please note, this information cannot be edited once submitted. APPLICANT and DEPARTMENT INFORMATION Firehouse Subs Public Safety Foundation Grant Application rganzaton/Deparment (this must be your organizationsofficial name). Department Tax ID # (xx-XXXXXXX): Mailing Address 1: Mailing Address 2: City, State & Zip Code: Shipping Address: Organization Phone Number: Phone Extension: Applicant Cell Phone Number:- Organization Secondary. Applicant* First and Last Name: (must be different from main applicant first & last name) Secondary Applicant* Cell Phone! Number: (must be different from main applicant phone number) Secondary Applicant* Extension: Secondary. Applicant* Email Address: (must be different from main applicant email). * Contact information for two separate! individuals must be included in order for your application to be considered. 8 SAMPLE-Visit FirehouseSuDsroundation.0rg to apply online. Communities Served: Population: Number of Runs/Calls for Service per Year (for fire, EMS and police only): Local Approval Pre-Qualifications (Select the option that applies to your depatmenorgamiration) o As required by our community, this request has been presented and approved by ourl local government as part of our process when applying for external funding. o Ourjurisdiction requires approval from local officials once the award is granted. oOurj jurisdiction does not require pre-approval from local officials. 9 SAMPLE- Visit FirehouseSubsFoundation.0rg to apply online. APPLICATION REQUEST INFORMATION Please select the type ofgrant you are requesting: Equipment Donation/Prevention Education Items eholarhpyContnung Education Please note, our Foundation only reviews scholarshp/continuimg education grants connected with accredited For all-terrain wheelchair grant applications, email foundation@firehousesubs.com to request aj paper allterrain wheelchair, grant application, and please title the email All-Terrain Wheelchair Grant Request EQUIPMENT DONATION/PREVENTION EDUCATION ITEMS schools The Foundation will determine thej procurement method ifyour grant is approved. The equipment purchase will bei implemented in one oftwo ways: 1)The Foundation Team will purchase the requested equipment on your behalf, and the vendor will shipi it directlytoyour organization. Upon delivery, you must email a signed & dated copy of thej packing slip to thel Foundation. OR 2)You will receive al Memo of Understanding from the Foundation. Oncei iti is signed by both parties, you will receive funding via ACH Transfer to make your) purchase according to the approved vendor quote. After you) receive your equipment, you must email signed and dated copies of alli invoices tot thel Foundation within one week of delivery. What Equipment are you requesting? Please include the quantity ofe each item. Vendor company name: Sales representative first and last name: Sales representative email address: What ist the TOTAL cost of the equipment? Include sales tax and shipping, where applicable. Requests exceeding $50,000 will not be accepted. Iunderstand thati in order tol be considered for funding, thet total dollar amount and equipment quantities listed on the submitted quote/bid must match thet total above. Has your department applied fori this specific request in thej past and been denied? Ify yes, how many times, prior to this application, has this request been submitted? Yes No 10 SAMPLE- Visit reroussubroundatcnog to apply online. Briefly explain howi the equipment will benefit your community: and your department. This would have a direct impact on more than community. (For prevention education items.) children and senior citizens in our COMMUNIIIMPACT Have you unsuccessfully reached out toi the city for funds to purchase the equipment? Was there aj particular instance where a life would have been positively impacted if you would have had the equipment available? What positive effects will the equipment specifically have? Please describe how the requested equipment or funding would benefit your local community. We ask that you do not cite national statistics. SCHOLARSHIPS/CONTINUED EDUCATION REQUESTS Please note: schools. Our Foundation only reviews cholarshps/contmung education grants connected with accredited For all-terrain wheelchair grant applications, please email oundation@firehousesubs.com to request a paper. All-Terrain Wheelchair Grant Request. Ifyou are: requesting funds for scholarships or continued education: How do you) plan to use thei funds requested? What is the amount of funding. you are requesting? How manyscholarships would the requested funding provide? 11 SAMPLE- Visit renousesubfoundatbnog to apply online. Please describe the selection and distribution process for the requested scholarship funding. Has your department applied for this specific request in the past and been denied? Yes Ifyes, how many times, prior tot this application, has this request been submitted? Please provide a detailed description ofl how thei funding will assist your organization: No. COMMUNIIYIMPACT What positive effects will the funds specifically have? Please describe how the requested funding would benefit your local community. We ask that you do not cite national statistics. FIREHOUSE SUBS RELATIONSHIP Address of Firehouse Subs location nearest you: How fari is thisl location from your department?. How did you hear about our organization? Miles Has your department received funding from Firehouse Subs Public Safety Foundation in the past two years? This information will' be verified, ifs submitted incorrectlyi it will result in an automatic denial. Yes No Iti iss strongly recommended and greatly appreciated that your organization acknowledges the donation by displaying our Foundation logo on donated items/equipment whenever possible. Please note that the Ifapproved for funding we may facilitate a media presentation/press event at al local Firehouse Subs restaurant to demonstrate the equipment and acknowledge the donation. Iti may take up toayear depending C - artwork will: need tol be approved by our. Foundation team before being displayed. 12 SAMPLE- Visit renoussubaroumdateneg to apply online. on location and donation delivery timeframe. In the meantime, we ask that anyi immediate media announcements regarding the grant award be approved byt the Foundation. Bya applying, you grant Firehouse Subs Public Safety Foundation (the Foundation'"): permission to use your organization's name and identifying trademarks in connection with this application and in connection with the Foundation'ss solicitations for support. Initial. Acceptance PIO (Public Information Officer) Name: (Ify you do not! havea a PIO, pleasel list a contact fore event planning and publicity. Thisi individual will needt tol be readily availablel bye email and phone.) PIO e-mail: PIO phone number: 13 SAMPLE- Visit Freloussitfoundatonog to apply online. FIREHOUSE SUBS PUBLIC SAFEIXPOUNDAION PRINT/VIDEO RELEASE Applicant First and Last Name: Applicant Organization: Date: The organization listed above, and its affiliates, hereby grant Firehouse Subs Public Safety Foundation, Inc., Firehouse Restaurant Group, Inc. (includingi its subsidiaries and affiliates) andi its officers, directors, nominees, designees, successors, and assigns (hereinafter called' "Producer"), permission to use, assign, convey, reproduce, copyright, and publish images or visual likenesses, names, and/or voices ("Personal Information") in any video, photograph, sound or other recording, and/or other media for commercial, informational, educational, advertising, or promotional purposes. The organization hereby waives any right to inspect or approve the finished product or the advertising copy which The organization hereby releases, discharges, and agrees tol hold harmless Producer from any liability of any nature or description by virtue of any use whatsoever of Personal Information, whether intentional or otherwise, includingl but not limited to any change that may occur or bej produced int the taking ofs said pictures or images or ini the recording of any sound, ori in any processing in connection with the completion oft the finished product. mayl be used in connection therewith, or the use to whichi it may be applied. By checking this box, the organization listed above, and its affiliates, agree to thei terms oft thej print/video release. 14 SAMPLE- Visit FirehouseSubsFoundation.0rg to apply online. APPLICATION CHECKLIST Before submitting, please check that your application has been submitted completely by reviewing the checklist below. Your application will not be considered ifany ofinformation requested throughout the application is missing. Applicant & Alternate Contact Information Main applicant contacti information must differ from alternate contact information o First and last name, email address and phone number must differ Background/HIstory Attachment Has the following documentation been submitted? Background/History- Briefhistory ofyour department or organization, and) how this grant will benefit your community Vendor Equipment Quote/Bid Does the submitted vendor equipment quote/bid include the following information? Vendor sales representative first and last name o Vendor email address The name & physical address of your organization The first &1 last name ofa a contact person from your organization Only one vendor quote has been be submitted o The quote must bei itemized o The quote is dated within six months oft the application deadline o The quote only includes item(s) Thei total dollar amount and equipment quantities in the vendor quote. MATCH the total Include sales tax ifa applicable and freight charges, ifapplicable. Firehouse Subs Public Safety Foundation will: not be responsible for additional shipping costs or sales tax not pertaining to your grant request that your department is requesting included in the submitted quote. Sales tax and freight charges are included, ifapplicable Please note: The cost of maintenance plans and extended warranties are: not permissible and should not bei included in submitted quotes. Most Recent Financial Information Does the submitted financial information include the following information? o7 The organization, city or county name o Both revenue and expenses o One of the following: Arecent - within one: month - Balance Sheet which consists of Assets and Ar recent - within one month -] Profit & Loss Statement also called an Income Ac current year annual budget showing projected income and expenses : A Liabilities Statement previous year audit or 990 15 SAMPLE- Visit FrefousSubafoumamtoneg to apply online. Equipment Inventory Does the submitted equipment inventory include the following information? o Organization name o A listo ofy your organization's apparatus, vehicles and other specialized equipment NOTE: Equipment inventory is only required for first responder organizations. Ifyour organization does not have apparatus, vehicles or specialized equipment, please ensure a document is attached noting the organization does not have any applicable inventory. Internal Revenue Service! Form W-9 (Rev. October 2018). Does the submitted W-9 include thei following requirements? Name as shown on) youri income tax return Entity Name, ifdifferent from line 1 Exempt payee code (ifany) Address City, State & Zip Code Employer IDI Number Federal Tax Classification (including Other explanation ifi required) Signed by an official oft the organization Dated no more than one year from the submission date oft this application 16 Quote Phone: (425) 821-5858 Email: info@seawestem.com www.seawestem.com SeaWestern, Inc. P.O. Box 51, Kirkland, WA 98083 - S SEAWESTERN FIRE FIGHTING EQUIPMENT Bill To: City ofLamar 102 EI Parmenter St. Lamar, CO 81052 Ship To: DCN Marcus Widener Lamar) Firel Department 505 SMain St Lamar, CO81052 Date Customer No. Quote No. Sales Rep Brandon' Vanaman 07/25/2024 11605 QUO24589 Attention DCI Marcus Wide... Qty Unit Part Number Delivery FOB Expires 08/24/2024 Description Unit Price 8,100.00 Ext. Price 16,200.00 2 EA SCOTT X31 Pro 3M] Scott Air-Pak X3 Pro SCBA NFPA 1981/1982, 20181 Edition Ordering Part Number: X8915025305304 EZI Flo+ Quick Disconnect: Regulator 5500 psi UEBSS 4 EA SCOTT 2 EA SCOTT 5500 psi, 45 minute cylinder with snap change valve 1,565.00 355.00 6,260.00 710.00 200970-01 201215-22 AV-3000 HT 4-ST, KEV, M Total $23,170.00 Pricing, valid) for above listed quantities Restocking) fee up to 25% will apply, on any non-stock merchandise Returns within 30 days ofreceipt Custom orders are non-cancellable, non-returnable Unless otherwise noted, pricing does not include. shipping. Orders over $2500 paid by credit card will have a. 3% processing jee applied. Agendal ItemNo. 6 Council Date: 09/23/2024 LAMAR CITY COUNCIL AGENDAI ITEMC COMMENTARY ITEM TITLE: REVIEW: LCR Permission to Apply for the Animal Assistance Foundation Grant INITIATOR: Kristin Schwartz. Tess Camp. Chief Fear CITY ADMINISTRATORS ACTION PROPOSED: Authorize staff to Apply for funding for the Animal Shelter STAFF INFORMATION SOURCE: Kristin Schwartz. Robert Evans. Tess Camp. ChiefF Fear BACKGROUND: Animal Assistance Foundation opens an annual grant cycle for organizations seeking support for projects or programs that help Colorado's pets thrive. Organizations that align with Animal Assistance Foundation's mission to advance animal welfare: for companion animals in Colorado through collaboration and leadership are eligible to apply. The City intends to apply for $15,000. There is no match. RECOMMENDATION: Authorize stafft to apply for the Animal Assistance Foundation Grant Skip to main content Application C * Public Profile &9 Collaborate o Copy Previous Answers Process: AAF Grant Cycle 2024 Contact Info Request Documents 0 Applicant: Ms Tess Camp esscampclemarcous (719): 336-1358 102 E. Parmenter Street Lamar, Colorado 81052 Organization: City ofl Lamar D 84-6000603 (719): 336-4376 102E. Parmenter Street Lamar, Colorado 81052 United States B Contact Email History B DC Question List JA Application Due by 09/30/2024 05:00 PMI MDT. Fields with an asterisk (*) are required. Application Instructions Changes tot this' Year's Application Wel have added more information to the application based on feedback from our previous grantees. Our hopei is that additional context and an updated design will help your understand the intention behind questions and result in a more streamlined process for applicants. With the changes to this year's application,you will not be able to import answers from previous years for most questions, however going forward repeat applicants will be able to copy previous application information. Saving' Your Work As you work on this application, you can save a draft and come back to finish) your work at any time. When you return, you will see your draft application on your dashboard. Click' "Edit Application" to To do so, click' "Save" at the bottom right hand side of the form. return to your draft. Helpful FAQ Video Have a question about the grant portal? See our FAQ video here: httpsllyoutu.be/9Wygle2TWKY Collaborate With Others comner. You can collaborate on your application using the blue Collaborate button int the upper right-hand For more information, see this tutorial. This Form Contains Dynamic (Branched) Questioning Please note, the questions you are asked may depend on previous answers. Not all questions are automatically shown below. We have notated which questions may result in follow up sections. Based on how you answer select questions below, you willl be asked to provide additional follow up information. Ify you print the questions list, ALL questions will bei included. Character Counts Our granting portal requires a set character limit on all text questions. We have set all questions at the maximum limit to provide you as much flexibility inj your answers as possible. Pleasenote, we are not looking for 10,000 character responses. We have provided instructions throughout on a suggested length for specific questions. Below is a guide to help you understand character limits: 10,000 characters= 1,600 words or 3.5 pages single spaced 5,000 characters= 1,200 words or 2.5pages single spaced 3,500 characters= 575 words or 1 page single spaced 1,500 characters= 250 words or. .5 page single spaced 500 characters= 80 words 250 characters= 40 words Eligibility Eligibility* Does your organization meet these requirements? 1. Are you a designated 501(c)(3) non-profit, fiscal sponsor, or government entity? 2. Are you located in Colorado and primarily serving animals already in Colorado (as opposed to 4. Can your organization demonstrate a commitment to collaboration, non-divisive language, and 5. Do you possess an active PACFA license and the required statistics for organizations requiring a 6. Are you enrolled and reporting data to Shelter Animals Count or the Equine Welfare Data 7. Do you focus on animal species eligible for funding, including cats, dogs, pet rabbits, and equines? Please note ify you do not meet these minimum criteria the Animal Assistance Foundation will be unable to consider. your request andj you will not have access to the grant application. importing from out of state)? community responsibility? 3. Does the proposal align with the mission of AAF? license through the Pet Animal Care Facilities Act? Collective, if applicable? Not Eligible for Funding* Is your request for one of the following: Organizations outside of Colorado Endowments Individuais or individual pets Medical or scientific research Debt retirement Organizations who primarily import animals into Colorado The areas above are not fundable by AAF AAFstaffi is always willing to discuss your funding request, answer questions about our grant program or brainstorm solutions. To. schedule a call, please send a note to info@aaf-fd.org Due by 09/30/2024 05:00 PMI MDT. Abandon Request Save Application Submit Application Agendal ItemNo. 7 Council Date: 09/23/2024 LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY ITEM TITLE: REVIEW: 1CE Permission to Apply for the EPA Brownfield Cleanup Grant INITIATOR: Kristin Schwartz. Tess Camp. Anne Marie Crampton CITY ADMINISTRATORS ACTIONP PROPOSED: Authorize staff to Apply for funding for the Main Cafe STAFF INFORMATION SOURCE: Kristin Schwartz. Robert Evans. Tess Camp. Anne Marie Crampton BACKGROUND: City staffi is requesting permission to apply for the EPA Brownfields Cleanup Grant for the asbestos abatement ofthe Main Café and the south Rhodes building that the City acquired in aj previous agreement. These funds have been made available through the Bipartisan Infrastructure Law (BIL) and there is no match to this grant. The City intends to apply for the $371,000 remaining on the Main Café itself plus the additional amounts needed for the upstairs half and the south storage building. We are currently in the process of getting estimated costs on those remaining spaces. The grant application is due November 14th, 2024. RECOMMENDATION: Authorize staff to apply for the! EPA Brownfields Cleanup Grant OVERVIEW AGENCY: ENVIRONMENTAL PROTECTION AGENCY (EPA) TITLE: FY25 GUIDELINES FOR BROWNFIBLD CLEANUP GRANTS ACTION: Initial Announcement RFANO.: EPA-I-OLEM-OBLR-24-11 ASSISTANCE, LISTING NO.: 66.818 DATE: The closing date and time for receipt of applications is November 14, 2024, 11:59 p.m. Eastern Time (ET).. Applications must be submitted through www.grants.gov. Applications received after 11:59 p.m. ET onl November 14, 2024, will not be considered. Please refer to the Due Date andi Submission Instructions in Section IV.B. and Appendix 1 for further instructions. FUNDING/AWARDS: EPA anticipates awarding an estimated 63 Cleanup Grants for an estimated total of $100 million; subject to the quality of applications received, availability of funds, and other applicable considerations. Agendal altemNo. 8 Council Date: 9/23/24 LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY ITEM TITLE: Approve Letter Agreement with Ayres for Consulting Services for the EPA Brownfields INITIATOR: Kristin Schwartz. Tess Camp. & Anne-Marie Crampton CITY ADMINISTRATORS ACTION. PROPOSED: Approve Agreement with Ayres for Consulting Services for thel EPA Brownfields STAFF INFORMATION SOURCE: Robert Evans. Kristin Schwartz. Anne Marie Crampton, & Tess Camp This agreement would allow Ayres staff to consult on and assist with the EPA Brownfields Cleanup Grant Cleanup Grant REVIEW: KCb Cleanup Grant BACKGROUND: application. RECOMMENDATION: Approveagreement with Ayres on assisting with the EPAI Brownfields Cleanup Grant Application AVRES Ingenuity, Integrity, and Intelligence. September 18, 2024 Kristin Schwartz Treasurer City of Lamar 102E. Parmenter Street Lamar, CO 81052 Dear Kristin: Re: EPA Brownfield Cleanup Grant Application Support Thank you for the opportunity for Ayres Associates Inc. (Consultant) tos submit this proposal for professional services to support the City of Lamar's (Owner) United States Environmental Protection Agency (USEPA) Brownfield Cleanup Grant application effort, to apply for funding for the remediation and abatement of the Main Café, upper story of Home & Season, and South Warehouse properties. This letter presents our proposed scope of services, time schedule, fee, and contract terms and conditions. Project Description Consultant understands Owner is preparing an application to USEPA's FY2025 Brownfield Cleanup Grant program, to help fund the abatement: and remediation of the Main Café property at 114 S. Main Street, the upper story of Home & Season at 112 S. Main Street, and the South Warehouse at 111B W. Beech Street in Lamar, Colorado. Scope of Services Consultant shall provide professional environmental services for Owner as provided below. Limited consulting services, upon request, to the City of Lamar to assist in preparation ofa a USEPA Brownfield Cleanup Grant Program application for submittal. The application willi focus on requesting funding to clean up and abate hazardous building materials at the properties referenced above in Lamar, CO. The application will need to include all required forms, responses, and attachments, as outlined in' "FY25 GUIDELINES FOR BROWNFIELD CLEANUP GRANTS, linked here: Search Results Detail Grants.gov. Applications are due November 14, Consultant will provide limited consulting services related to preparation of these elements. Owner will submit a draft of the completed application to Consultant prior to USEPA submittal via Grants.gov, for Consultant review. Consultant will provide feedback for Owner to incorporate into Consultant will provide a maximum of 25 hours of assistance to Owner. Additional time for 2024. final application packet. assistance would be approved by Owner if requested. Responsibilities of Owner and Others Owner will coordinate with KSU TAB contacts as necessary throughout the application process to confirm or obtain input on specific content elements including the budget, threshold criteria, ranking criteria, Owner will provide any necessary signatures required as applicant; facilitate the required public meeting; and coordinate al letter from the state environmental regulatory authority. Owner will be responsible for federal forms, and narrative information sheet. 715.834.3161 3433 Oakwood Hills Parkway Eau Claire, WI 54701-7698 o wAVrehaspCate.caN File C ossrsimlewisis aporatalcalnicrosomiaindos cheiconel sutcaatpnasimussp: 5rs clanup granr appicaign supportayras letterpi Dioposal and: acceptance 4902) doox Addressee Name Date Page 2of2 submitting final application via Grants.gov. Owner must own all properties included in the application, and have satisfied All Appropriate Inquiry for each prior to acquisition, to be eligible for USEPA funding. The Owner shall designate in writing a representative authorized to acti int the Owner's behalf, and shall furnish required information, approvals and decisions as expeditiously as necessary for the orderly Ayres shall be entitled to rely on the accuracy and completeness ofr necessary project information progress of Ayres' services. supplied by the Owner. Time Schedule Based on guidance provided by USEPA, Owner shall submit the final Grant application package by November 14, 2024. Consultant shall provide limited consulting services until the application is submitted. We will perform the above services for an amount based on a standard hourly rate for each class of employee. The estimated cost of services is $4,500. We will note exceed an amount of $4,500 without Fee your prior approval. Contract Terms and Conditions into this proposal by reference. Acceptance Attached are "Contract Terms and Conditions" which will apply to the services and which are incorporated Ifthis proposal and terms and conditions are acceptable to you, a signature on the enclosed copy of this letter will serve as our authorization to proceed. This proposal is valid until October 1, 2024 unless extended by us in writing. Proposed by Consultant: Ayres Associates Inc. K Accepted by Owner: City of Lamar Owner's Name Signature Name Title Date Mahager - Development Services Midwest Attachments: Contract Terms and Conditions 715.834.3161 3433 Oakwood Hills Parkway Eau Claire, WI 54701-7698 in 0 wAyrehsclate.ca File Causersimlewiss plasiosimgpasranoiNaeromaNe pullook nlinnddmusepa bfc cleanups grant application: support_ayres letterof proposai anda acceptance r002) docx AYRES ASSOCIATES CONTRACT TERMS AND CONDITIONS 1. Performance of Services: Consultant shall perform the services outlined in its proposal to Owner in 2. Billing and Payment: Invoices for Consultant's services shall be submitted to Owner on a monthly basis. Invoices shall be due and payable within 30 days from date. ofi invoice. Ifany invoice is not paid within 30 days, Consultant may, after giving 7 days' notice, without waiving any claim or right against Owner, and without liability whatsoever to Owner, suspend or terminate the performance of services. Accounts unpaid 30 days after the invoice date will be subject to a monthly service charge of 1.5% on the unpaid balance, or the maximum rate of interest permitted by law, if less. Payment willl be credited first to anyi interest owed to Consultant, then to principal. The amount of any excise, value-added, gross receipts, or sales taxes that may bei imposed on payments shall be added to the Consultant's compensation. Owner shall pay all costs of collection, including reasonable attorney's fees and costs incurred by consultant, in collecting any amounts due from Owner. No deductions or offsets shall be made from Consultant's compensation or expenses on account of any setoffs or back charges. If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Consultant in writing oft the specific basis for doing so, may withhold only the portion sO 3. Access to Site: Owner shall furnish right-of-entry on the project site for Consultant and, if the site is not owned by Owner, warrants that permission has been granted to make planned explorations pursuant tot the scope of services. Consultant will take reasonable precautions to minimize damage to the site from use of equipment, but has noti included costs for restoration of damage that may result and shall not be responsible for such costs. 4. Location of Utilities: Consultant shall use reasonable means to identify the location of buried utilities in the areas of subsurface exploration and shall take reasonable precautions to avoid any damage to the utilities noted. However, Owner agrees to indemnify and defend Consultant in the event of damage or injury arising from damage to or interference with subsurface. structures or utilities which result fromi inaccuracies ini information or 5. Hazardous Materials: Inthe event that unanticipated potentially! hazardous materials are encountered during the course of the project, Owner agrees to negotiate a revision to the scope of services, time schedule, fee, and contract terms and conditions. Ifar mutually satisfactory: agreement cannot be reached between both parties, the contract shall be terminated: and Owner agrees to pay Consultant for all services rendered, including reasonable termination expenses. Owner acknowledges that Consultant is performing professional services for Owner and that Consultant is not and will not be required to become an "owner", "arranger", "operator", "generator" or "transporter" of hazardous substances, as defined in the Comprehensive. Environmental Response; Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the site in 6. Insurance: Consultant shall maintain Workers' Compensation, General Liability, and Automobile Liability Insurance during its services for Owner. Consultant shall furnish a Certificate of Insurance to Owner upon written request. Owner agrees that Consultant shall not be liable or responsible to Owner for any loss, damage, or 7. Limitation of Professional Liability: Owner agrees to limit Consultant's professional liability for any and all claims for loss, damage or injury, including but not limited to, claims for negligence, professional errors or omissions, strict liability, and breach of contract or warranty, to an amount of $50,000.00 or Consultant's fee, whichever is greater. In the event that Owner does not wish to limit Consultant's professional liability to this sum, Consultant agrees to raise the limitation of liability to a sum not to exceed $1,000,000.00 for increased consideration of ten percent (10%). of the total fee or $500.00, whichever is greater, upon receiving Owner's written request prior to the start of Consultant's services. 8.Opinions of Probable Costs: Consultant's opinions of probable project costs are made on the basis of Consultant's experience, qualifications and judgment; but Consultant cannot and does not guarantee that actual 9. Construction Review: Consultant does not accept responsibility for the design of a construction project unless the Consultant's contract includes review of the contractor's shop drawings, product data, and other documents, and includes site visits during construction in order to ascertain that, in general, the work is being 10. Construction Observation: Onr request, Consultant shall provide personnell to observe constructioni in order toa ascertain that, in general, the work is being performedi in accordance with the construction contract documents. This construction observation shall not make Consultant a guarantor of the contractor's work. The contractor shall continue to be responsible for the accuracy and adequacy of all construction performed. In accordance with generally accepted practice, the contractor will be solely responsible for the methods of construction, direction of personnel, control of machinery, and falsework, scaffolding, and other temporary construction aids. Ina addition, all matters related to safety in, on, or about the construction site shall be under the direction and control of the contractor and Consultant shall have no responsibility in that regard. Consultant shall not be consideration of the stated fee and payment terms. disputed, and must pay the undisputed portion. instructions which have been furnished to Consultant by others. connection with Consultant's activities under this agreement. liability beyond the amounts, limits, exclusions, and conditions of suchi insurance. project costs will not vary from opinions of probable cost. performed in accordance with the construction contract documents. Contract Terms and Conditions Page 1of3 required to verify any part of the work performed unless measurements, readings, and observations of that part 11. Standard of Performance: The standard of care for all professional services performed or furnished by Consultant under this contract will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the samet time and in the same locality. Consultant does not make any warranty or guarantee, expressed or implied, nor is this contract subject to the provisions of any uniform commercial. code., Similarly, Consultant will not accept those terms and conditions offered by Owner in its purchase order, requisition, or notice of authorization to proceed, except as set forth herein or expressly agreed toinwriting. Written acknowledgement. of receipt or the actual performance of services subsequentt to receipt of such purchase order, requisition, or notice of authorization to proceed is specifically deemed not to constitute 12. Ownership and Use of Documents: All) documents produced by Consultant under this contract are instruments of Consultant's professional service and Consultant owns the documents including all associated copyrights and the right of reuse at the discretion of the Consultant. Engineer grants Owner al limited license to use the documents on the project, project extension and for related uses of the Owner subject to receipt of full payment due, and such license to Owner shall not create any rights in third parties. Owner shall indemnify and hold harmless Consultant and its officers, directors, employees and Subconsultants from all claims, damages, losses, and expenses, including reasonable attorney fees, arising out of or resulting from any use, reuse, or modification of documents without written verification, completion or adaptation by Consultant. 13. Electronic Files: Owner and Consultant agree that any electronic files furnished by either party shall conform to the specifications agreed to at the time this contract is executed. Electronic files furnished by either party shall be subject to an acceptance period of 60 days during which the receiving party agrees to perform appropriate acceptance tests. The party furnishing the electronic file shall correct any discrepancies or errors detected and reported within the acceptance period. After the acceptance period, the electronic files shall be deemed to be accepted and neither party shall have any obligation to correct errors or maintain electronic files. Owner is aware that differences may exist between the electronic files delivered and the printed hard-copy documents. Int the event of a conflict between the hard-copy documents prepared by Consultant and electronic 14. Financial and Legal Services: Consultant's services and expertise do not include the following services, which shalll be provides by Ownerifrequired: (1) Accounting, bond and financial advisory (including, ifa applicable, "municipal advisor" services as described in Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) and the municipal advisor registration rules issued by the Securities and Exchange Commission), independent cost estimating, and insurance counseling services; (2) Legal services with regard to issues pertaining to the Project as Owner requires, Contractor(s) raises, or Consultant reasonably requests; and (3): Such auditing services as Owner requires to ascertain how or for what purpose any Contractor has used the 15. Termination of Services: This contract may bet terminated at anyt time by either party should the other party fail to perform its obligations hereunder. In the event of termination for any reason whatsoever, Owner shall pay Consultant for all services rendered to the date of termination, all reimbursable expenses incurred prior to termination, and reasonable termination expenses incurred as the result of termination. Consultant shall have no 16. Controlling Law: This contract is to be governed by the law oft the place of business of Consultant at the 17. Assignment of Rights: Neither Owner nor Consultant shail assign, sublet or transfer any rights under or interest in this contract (including, but without limitation, moneys that may become due or moneys that are due) without the written consent of the other, except to the extent mandated or restricted by law. Unless specifiçally stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this contract. Nothing contained in this paragraph shall prevent Consultant from employing such independent subconsultants as Consultant may deem appropriate to assist in 19. Dispute Resolution: Owner and Consultant agree to negotiate all disputes between them in good faith for ap period. of 30 days from the date of notice prior to exercising their rights under the following dispute resolution provision. If direct negotiations fail, Owner and Consultant agree that they shall submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this contract or the breach thereof to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration. Association effective on the date of this contract prior to exercising other rights under law. 20. Exclusion of Special, Indirect, Consequential, and Liquidated Damages: Consultant: shall not be liable, in contract or tort or otherwise, for any special, indirect, consequential, or liquidated damages including specifically, but without limitation, loss of profit or revenue, loss of capital, delay damages, loss of goodwill, claim of third parties, or similar damages arising out of or connected in any way to the project or this contract. oft the construction are made by Consultant's personnel. acceptance of any terms or conditions contrary to those set forth herein. files, the hard-copy documents shall govern. money paid. liability to Owner on account of termination for cause by Consultant. address in its proposal to Owner. the performance of services hereunder. 18. Third Party Benefits: This contract does not create any benefits for any third party. Contract Terms and Conditions Page2of3 21. Betterment: If, due to Consultant's negligence, a required item or component of the project is omitted from the construction documents, Consultant's liability shall be limited to the reasonable cost of correction of the construction, less what Owner's cost of including the omitted item or component int the original construction" would have been had the item or component not been omitted. Iti is intended by this provision that Consultant will not be responsible for any cost or expense that provides betterment, upgrade, or enhancement of the project. 22. Severability: To the extent that any provision of this contract is finally adjudged invalid by a court of competent jurisdiction, that provisions shall be deleted or modified, as necessary, to make it enforceable, and the remaining provisions of this contract shall remain in full force and effect and be binding upon the parties 24. Entire Agreement: This agreement contains the parties entire understanding and supersedes all prior negotiations or agreements over the services described herein. This contract may only be amended, 25. Notice of Lien Rights: Ayres Associates Inc. hereby notifies owner that persons or companies furnishing labor or materials, including engineering, architectural, and surveying services, for the improvement of or construction on owner's land may have lien rights on owner's land and buildings if not paid. Owner should give a copy of this notice to their mortgage lender, if any. Ayres Associates Inc. agrees to cooperate with the owner and owner's lender, if any, for resolution of POTENTIAL LIEN hereto. 23. California Privacy Rights Act Employer supplemented, modified, or canceled by a duly executed written instrument. claims made as part of this contract. Contract Terms and Conditions Page 3of3 AgendaltemNo. 9 Council Date: 9/23/24 LAMAR CITY COUNCIL AGENDA ITEM COMMENTARY ITEM TITLE: Approve Agreement with Ayres for Consulting Services for the Recreation Master Plan INITIATOR: Kristin Schwartz. Tess Camp. & Anthony LaTour CITY ADMINISTRATORS REVIEW: ACTIONPROPOSED: Approve Agreement with Ayres for Consulting Services fort thel Recreation Master STAFF INFORMATION SOURCE: Robert Evans. Kristin Schwartz, Anthony LaTour. & Tess Camp This agreement would allow Ayres staff to consult on and assist with the Recreation Mater Plan. Ayres was ACE Plan BACKGROUND: awarded the bid on July 22nd, 2024. RECOMMENDATION: Approve agreement with Ayres on assisting with thel Recreation Master! Planand allow the Mayor to sign. AVRES Ingenuity, Integrity, and Intelligence. September 18, 2024 Kristin Schwartz Treasurer City of Lamar 102 E. Parmenter Street Lamar, CO81052 Dear Kristin: Re: EPA Brownfield Cleanup Grant Application Support Thank you for the opportunity for Ayres Associates Inc. (Consultant) to submit this proposal for professional services to support the City of Lamar's (Owner) United States Environmental Protection Agency (USEPA) Brownfield Cleanup Grant application effort, to apply for funding for the remediation and abatement oft the Main Café, upper story of Home & Season, and South Warehouse properties. This letter presents our proposed scope of services, time schedule, fee, and contract terms and conditions. Project Description Consultant understands Owner is preparing an application to USEPA's FY2025 Brownfield Cleanup Grant program, to help fund the abatement and remediation of the Main Café property at 114 S. Main Street, the upper story of Home & Season at 112 S. Main Street, and the South Warehouse at 111B W. Beech Street in Lamar, Colorado. Scope of Services Consultant shall provide professional environmental services for Owner as provided below. Limited consulting services, upon request, to the City ofl Lamar to assist in preparation of a USEPA Brownfield Cleanup Grant Program application for submittal. The application will focus on requesting funding to clean up and abate hazardous building materials at the properties referenced above in Lamar, CO. The application will need to include all required forms, responses, and attachments, as outlined in "FY25 GUIDELINES FOR BROWNFIELD CLEANUP GRANTS, linked here: Search Results Detail Grants.gov. Applications are due November 14, Consultant will provide limited consulting services related to preparation of these elements. Owner will submit a draft of the completed application to Consultant prior to USEPA submittal via Grants.gov, for Consultant review. Consultant will provide feedback for Owner to incorporate into Consultant will provide a maximum of 25 hours of assistance to Owner. Additional time for 2024. final application packet. assistance would be approved by Owner if requested. Responsibiities of Owner and Others Owner will coordinate with KSU TAB contacts as necessary throughout the application process to confirm or obtain input on specific content elements including the budget, threshold criteria, ranking criteria, Owner will provide any necessary signatures required as applicant; facilitate the required public meeting; and coordinate al letter from the state environmental regulatory authority. Owner will be responsible for federal forms, and narrative information sheet. 715.834.3161 3433 Oakwood Hills Parkway Eau Claire, WI 54701-7698 o wyeAcate. Fl -aniug sppdatal scarmsiosoi Mincos Inscache: consb custoak alinoshn SeDa sibanup grant apoupaun, supuotayress lelterpt popoaal and Scntancal dons Addressee Name Date Page 2 of2 submitting final application via Grants. gov. Owner must own all properties included in the application, and have satisfied. All Appropriate Inquiry for each prior to acquisition, to be eligible for USEPA funding. The Owner shall designate in writing a representative authorized to acti in the Owner's behalf, and shall furnish required information, approvals and decisions as expeditiously as necessary for the orderly Ayres shall be entitled to rely on the accuracy and completeness of necessary project information progress of Ayres' services. supplied by the Owner. Time Schedule Based on guidance provided by USEPA, Owner shall submit the final Grant application package by November 14, 2024. Consultant shall provide limited consulting services until the application is submitted. We will perform the above services for an amount based on a standard hourly rate for each class of employee. The estimated cost of services is $4,500. We will note exceed an amount of $4,500 without Fee your prior approval. Contract Terms and Conditions into this proposal by reference. Acceptance Attached are "Contract Terms and Conditions" which will apply to the services and which are incorporated Ift this proposal and terms and conditions are acceptable to you, a signature on the enclosed copy of this letter will serve as our authorization to proceed. This proposal is valid until October 1. 2024 unless extended by us in writing. Proposed by Consultant: Ayres Associates Inc. K Accepted by Owner: City of Lamar Owner's Name Signature Name Title Date Mahager- - Development Services Midwest Attachments: Contract Terms and Conditions 715.834.3161 3433 Oakwood Hills Parkway Eau Claire, WI5 54701-7698 in 0 wayreshisclateca Fle suserunlewis apprataiccall mcosors ndows metvache: content Dutooh linnddini usepabrs sesupgiants auphcansn upVLArBSEIEr9 ooposal anda acceptarce docs AYRES ASSOCIATES CONTRACT TERMS AND CONDITIONS 1. Performance of Services: Consultant shall perform the services outlined in its proposal to Owner in 2.B Billing and Payment: Invoices for Consultant's services shall be submitted to Owner on a monthly basis. Invoices shall be due and payable within 30 days from date ofi invoice. If any invoice is not paid within 30 days, Consultant may, after giving 7 days' notice, without waiving any claim or right against Owner, and without liability whatsoever to Owner, suspend. or terminate the performance of services. Accounts unpaid 30 days after the invoice date will be subject to a monthly service charge of 1.5% on the unpaid balance, or the maximum rate of interest permitted by law, ifl less. Payment will be credited first to any interest owed to Consultant, then to principal. The amount of any excise, value-added, gross receipts, or sales taxes that may be imposed on payments shall be added to the Consultant's compensation. Owner shall pay all costs of collection, including reasonable attorney's fees and costs incurred by consultant, in collecting any amounts due from Owner. No deductions or offsets shall be made from Consultant's compensation or expenses on account ofany setoffs or back charges. If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Consultant in writing of the specific basis for doing so, may withhold only the portion so 3. Access to Site: Owner shall furnish right-of-entry on the project site for Consultant and, if the site is not owned by Owner, warrants that permission hast beengrantedt to make planned explorations pursuantt to the scope ofservices. Consultant: will take reasonable precautions to minimize damage to the site from use of equipment, but has not included costs for restoration of damage that may result and shall not ber responsible. for such costs. 4.Location of Utilities: Consultant shall use reasonable means to identify the location of buried utilities in the areas of subsurface exploration and shall take reasonable precautions to avoid any damage to the utilities noted. However, Owner agrees to indemnify and defend Consultant in the event of damage or injury arising from damage to or interference with subsurface structures or utilities which result from inaccuracies ini information or 5. Hazardous Materials: Int the event that unanticipated potentially hazardous materials are encountered during the course. of the project, Owner agrees to negotiate a revision to the scope of services, time schedule, fee, and contract terms and conditions. Ifar mutually satisfactory agreement cannot be reached between both parties, the contract shall be terminated and Owner agrees to pay Consultant for all services rendered, including reasonable termination expenses. Owner acknowledges that Consultant is performing professional services for Owner and that Consultant is not and will not be required to become an "owner", "arranger", "operator", "generator" or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the sitei in 6. Insurance: Consultant shall maintain Workers" Compensation, General Liability, and Automobile Liability Insurance during its services for Owner. Consultant shall furnish a Certificate of Insurance to Owner uponwritten request. Owner agrees that Consultant shall not be liable or responsible to Owner for any loss, damage, or 7.Limitation of Professional Liability: Owner agrees to limit Consultant's professional liability for any and all claims for loss, damage or injury, including but not limited to, claims for negligence, professional errors or omissions, strict liability, and breach of contract or warranty, to an amount of $50,000.00 or Consultant's fee, whichever is greater. In the event that Owner does not wish to limit Consultant's professional liability to this sum, Consultant agrees to raise the limitation of liability to a sum not to exceed $1,000,000.00 for increased consideration of ten percent (10%) of the total fee or $500.00, whichever is greater, upon receiving Owner's written request prior to the start of Consultant's services.. 8. Opinions of Probable Costs: Consultant's opinions of probable project costs are made on the basis of Consultant's experience, qualifications and judgment; but Consultant cannot and does not guarantee that actual 9. Construction: Review: Consultant does not accept. responsibility for the design of a construction project unless the Consultant's contract includes review of the contractor's shop drawings, product data, and other. documents, and includes site visits during construction in order to ascertain that, in general, the work is being 10. Construction Observation: Onrequest, Consultant: shall provide personnel to observe constructioninc order to ascertain that, ing general, they work is being performedi in accordance with the construction contract documents. This construction observation shall not make Consultant a guarantor of the contractors work. The contractor shall continue to be responsible for the accuracy and adequacy of all construction performed. In accordance with generally accepted practice, the contractor will be solely responsible for the methods of construction, direction of personnel, control of machinery, and falsework, scaffolding, and other temporary construction aids. In addition, all matters related to safety in, on, or about the construction site shall be under the direction and control of the contractor and Consultant shall have no responsibility in that regard. Consultant shall not be consideration of the stated fee and payment terms. disputed, and must payt the undisputed portion. instructions which have been furnished to Consultant by others. connection with Consultant's activities under this agreement. liability beyond the amounts, limits, exclusions, and conditions of such insurance. project costs will not vary from opinions of probable cost. performed in accordance with the construction contract documents. Contract Terms and Conditions Page 1of3 required to verify any part of the work performed unless measurements, readings, and observations of that part 11. Standard of Performance: The standard of care for all professional services performed or furnished by Consultant under this contract will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances att the same time andi int the same locality. Consultant does not make any warranty or guarantee, expressed or implied, nor is this contract subject to the provisions of any uniform commercial code. Similarly, Consultant will not accept those terms and conditions offered by Owner in its purchase order, requisition, or notice of authorization to proceed, except as set forth herein or expressly agreed toi iny writing. Written acknowledgement. of receipt or the actual performance ofs services subsequent to receipt of such purchase order, requisition, or notice of authorization to proceed is specifically deemed not to constitute 12. Ownership and Use of Documents: All documents produced! by Consultant under this contract are instruments of Consultant's professional service and Consultant owns the documents including all associated copyrights and the right of reuse at the discretion of the Consultant. Engineer grants Owner al limited license to use the documents on the project, project extension and for related uses of the Owner subject to reçeipt of full payment due, and such license to Owner shall not create any rights in third parties. Owner shall indemnify and hold harmless Consultant and its officers, directors, employees and Subconsultants from all claims, damages, losses, and expenses, including reasonable attorney fees, arising out of or resulting from any use, reuse, or modification of documents without written verification, completion or adaptation by Consultant. 13. Electronic Files: Owner and Consultant agree that any electronic files furnished by either party shall conform to the specifications agreed to at the time this contract is executed. Electronic files furnished by either party shall be subject to an acceptance period of 60 days during which the receiving party agrees to perform appropriate acceptance tests. The party furnishing the electronic file shall correct any discrepancies or errors detected and reported within the acceptance period. After the acceptance period, the electronic files shall be deemed to be accepted and neither party, shall have any obligation to correct errors or maintain electronic files. Owner is aware that differences may exist between the electronic files delivered and the printed hard-copy documents. In the event of a conflict between the hard-copy documents prepared by Consultant and electronic 14. Financial and Legal Services: Consultant's services and expertise do not include the following services, which shall be provides by Owner ifrequired: (1)Accounting, bond andi financial advisory (including, ifa applicable, "municipal advisor" services as described in Section 975 of the Dodd-Frank: Wall Street Reform and Consumer Protection Act (2010) and the municipal advisor registration rules issued by the Securities and Exchange Commission), independent cost estimating, andi insurance counseling services; (2) Legal services with regard to issues pertaining tot the Project as Owner requires, Contractor(s) raises, or Consultant reasonably requests; and (3): Such auditing services as Owner requires to ascertain how or for what purpose any Contractor has used the 15. Termination of Services: This contract may bet terminated at any time by either party should the other party fail to perform its obligations hereunder. Int the event of termination for any reason whatsoever, Owner shall pay Consultant for all services rendered to the date of termination, all reimbursable expenses incurred prior to termination, and reasonable termination expenses incurred as the result oft termination. Consultant shall have no 16. Controlling Law: This contract is to be governed by the law of the place of business of Consultant at the 17. Assignment of Rights: Neither Owner nor Consultant shall assign, sublet or transfer any rights under or interest int this contract (including, but without limitation, moneys that may become due or moneys that are due) without the written consent of the other, except to the extent mandated or restricted by law. Unless specifically stated. to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this contract. Nothing contained in this paragraph shall prevent Consultant from employing such independent subconsultants as Consultant may deem appropriate to assist in 19. Dispute Resolution: Owner and Consultant agree to negotiate all disputes between them in good faith for ap period of 30 days from the date of notice prior to exercising their rights under the following dispute resolution provision.: If direct negotiations fail, Owner and Consultant agree that they shall submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this contract or the breach thereof to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration. Association effective on the date of this contract prior to exercising other rights under law. 20. Exclusion of Special, Indirect, Consequential, and Liquidated Damages: Consultant shall not be liable, in contract or tort or otherwise, for any special, indirect, consequential, or liquidated damages including specifically, but without limitation, loss of profit or revenue, loss of capital, delay damages, loss of goodwill, claim of third parties, or similar damages arising out of or connected in any way to the project or this contract. oft the construction are made by Consultant's personnel. acceptance of any terms or conditions contrary tot those set forth herein. files, the hard-copy documents shall govern. money paid. liability to Owner on account of termination for cause by Consultant. address in its proposal to Owner. the performance of services hereunder. 18. Third Party Benefits: This contract does not create any benefits for any third party. Contract Terms and Conditions Page 2of3 21. Betterment: If, due to Consultant's negligence, a required. item or component of the project is omitted from the construction documents, Consultant's liability shall be limited to the reasonable cost of correction of the construction, less what Owner's cost of including the omittedi item or component int the original construction would have been had the item or component not been omitted. Iti is intended by this provision that Consultant will not ber responsible for any, cost or expense that provides betterment, upgrade, or enhancement of the project. 22. Severability: To the extent that any provision of this contract is finally adjudged invalid by a court of competent jurisdiction, that provisions shall be deleted or modified, as necessary, to make it enforceable, and the remaining provisions of this contract shall remain in full force and effect and be binding upon the parties 24. Entire Agreement: This agreement contains the parties entire understanding and supersedes all prior negotiations or agreements over the services described herein. This contract may only be amended, 25. Notice of Lien Rights: Ayres Associates Inc. hereby notifies owner that persons or companies furnishing labor or materials, including engineering, architectural, and surveying services, fort the improvement of or construction on owner's land may have lien rights on owner's land and buildings if not paid. Owner should give a copy of this notice to their mortgage lender, ifany. Ayres Associates Inc. agrees to cooperate with the owner and owner's lender, if any, for resolution of POTENTIAL LIEN hereto. 23. California Privacy Rights Act Employer supplemented, modified, or canceled by a duly executed written instrument. claims made as part of this contract. Contract Terms and Conditions Page 3of3 ADDENDUM To Agreement for Professional Services RECREATION MASTER PLAN CITY: CITY OF LAMAR, COLORADO COMPANY: Ayres Associates Inc 1. HOME RULE. The City of Lamar, Colorado, which is a Home Rule Municipal Charter in the State of Colorado, reserves all rights as a statutory entity, including governmental immunity as provided by law. 2. VENUE. Jurisdiction for any dispute under this agreement shall be exclusively in the Prowers County, Colorado District or County Court sitting without jury in Lamar, Colorado. 3. APPROPRIATION. Any monetary obligation of the City of Lamar is subject to appropriation as provided by law. The Parties understand and acknowledge that the Cityi is subject to Article X, $ 20ofthe Colorado Constitution ("TABOR"). The Parties do not intend to violate the terms and requirements OfTABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create ai multi-fiscal year direct or indirect debt or obligation within the meaning ofTABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City's current fiscal period ending the succeeding December. 31. 2024 and December 31 ofeach year thereafter. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of City ofLamar, and other applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated. 4. BINDING EFFECT. This Agreement is binding upon the parties and their respective successors and permitted assigns. In the event of any conflict with the Agreement for Professional Services with Ayres Associates Inc, the provisions of this Addendum will control. CITY COUNCIL CITY OF LAMAR, COLORADO AYRES ASSOCIATES INC By By_ Kirk Crespin - Mayor Date Signed: Matthew J.. Ashby - Vice President of Development Services Date Signed: Agenda Item No. 10 Council Date: 9/23/2024 LAMAR CITY COUNCIL AGENDAITEM COMMENTARY ITEM TITLE: Award Bid 44-011 for Internet Auction Company INITIATOR: Kristin Schwartz ACTION PROPOSED: Award Bid 44-011 STAFF INORMATION SOURCE: Kristin Schwartz CITY ADMINISTRATORS REVIEW: R(b BACKGROUND: The City ofI Lamar solicited proposals for our Internet Auction Company. Bid packets were mailed and the request for proposal was advertised in the local paper on August 30, 2024. Two proposals were received and accepted by thel Deputy City Treasurer by 5:00 p.m. on September 17,2024. Thel bid opening wasl held on September 18, 2024 and bid was acknowledged and accepted. Purple Wave Auctions bid ZERO commission and fees charged tot the City fort their services. Big Iron bid commissions charged to the City at rates varying from 8.5% to 25% depending on amounts ofthel lot or per listing items and a $75 feej peri item. The breakdowns ont the charges have been provided in this packet. RECOMMENDATION: Staffrecommends to award a three-year contract for Internet Auction Servies to. Purple Wave. Auctions and allow the Mayor to sign the contract as soon asi iti is received and approved by City Attorney and City Treasurer. CITY OF LAMAR BID #44-011 INTERNET. AUCTION COMPANY 9/18/2024 BIDDERS: PURPLE WAVE AUCTIONS BIGI IRON AUCTIONS ITEM: INTERNET AUCTION COMPANY SELLER COSTS/FEES 0% 8.5%T025% Per amt listing. Plus $75 per listing Lien & bankruptcy search BIDDER COSTS/FEES 10% SEE ATTACHED 10% SEE ATTACHED PER BID SPECIFICATIONS CITY OF LAMAR BUSINESS/ SALES TAXLICENSE: YES YES PRESENT FOR BID: KRISTIN SCHWARTZ-TREAS Joishhnn Kanw Purple Wave Auction Cost Proposal FEES Seller Costs/ Fees BIDDER COSTS State and Local Sales Tax When appropriate Purple Wave will charge winning bidders state andl local sales tax andi remit those taxes in accordance with the regulations of the Kansas Department of Revenue. Purple Wave will retain a 0% Seller Commission, applied against the high! bid(s) received for the property at the auction. Bidder Costs/ Fees Penalties & Adeitional Service Fees Purple Wave does retain the right to charge and retain reasonable fees upon buyers who request additional services ori failt to comply with the terms oft the auction such as collection fees forr non- payment, late-pickup, temporary vehicle tags, and A' "buyer's premium" or fee of 10% of the final winning bid, price willl be charged to each winning bidder. This fee will be retained by Purple Wave and will compensate Purple Wavet for auction services performed including: lotting and listing auction merchandise for: sale on purplewave.com, standard marketing of the assets to Purple Wave's registered customers, conducting an auction sale, collection of funds from winning bidders, distributing titles and settlement of funds with the selling governmental entity. similar charges. Fees Seller Fees. Biglron is offering the following pricing schedule to the City: Save Your Date/ Retirement Auctions Big Fixed Price Listings Big 3 IMENDeC Weekly Auction Biglg AUCTIONS On-Site Auction Bigiron Brand SULLIVAN CHIOMLRS Big SULLIVAN BCIO 1 CNEERS i Biglron Auctions and Sullivan BigironAuctions: ands Suiliyan Biglon) Maiketplace offerss unlque experience tohighightan company! handles alla auction outside ofa ana auctione event. Sello directlyf from) your location Auctioneers, hoste events Auctionaers, host on-site feserveds andr risk adverse letail Description throughe Biglron's weekly online tailoredto! large auctions and; auctions witho equipmentr moved experience thata allows ther mmarket auctions every' Wednesday. orretirements sellers, offerings toth the! lotlocationy where the tomake and offer one equipment individual seller. Online servicest fort thes seller Hamilton, Huntington, Bird tsland, NE (TBD) Perl lot rates forl listings up tos $50,000: $50r minimum fee per lot $500:255 $500-S1.500: 205 $1,501-910,000: 165 $10,001-$50,000; 125 Perlisingrates: $50001-9125.000: 115 $250.001-5750,000: 9.55 $750,001-SL.5M:95 $1.5M4:8.5 Featured Seller forl listings over $500k $75 per Listing Lien & Bankruptcy Search Auction Services Support Available Marketing Packages Available Location Online Perk lotr rates fork listings up to $50,000: 950 minimum feep perl lot 4$500:2 25% $500-91,500: 20% $1,501-910,000; 165 $10,001-$50,000." 12% Perl listing rates: $5,001-912500:11 $125.001-9250.000: 105 25001.9750900:95 $750,001-91.5M:94 $1:5M+:8.54 Featured Seller forl listings over $500k $75, per Listingl Lien8 & Bankruptcy: Search Auction Services Support Available Marketing Packages Available Online <$500:25% $500-$1.500: 20% $1,501-$10,000:1 16 $10,001-950,000: 12% $50,001-5125.000: 11% $125001-$250,000: 10% $750,001-91.5:95 $I.5M+:8.5. Listing/item foe: TBD $75per Listing! Lien & Bankruptcy Sgarch Auction Services Support Available Marketing Packages Availsble Alll Inclusive if over $500K GMV Qualify fori Featured Seller Peri listingr rate: 145+ Seller Commission % $125,001-59250,000: 105 $250,001-9750,000: 9,54 Seller Fees Included in Seller Commission Rate Auction Services Support ISR&TM* Schedufe of Prices by Equipment Type $750 PerF Person Major Accounts and Dealer Alliance Schedule of Prices byE Equipment" Type $750F PerF Person Parts at Cost. Labor Included in Daily Rate Mark-Upi if Pert Lotl ListingF Fee Either Day Rate orf Per Lot Listing Fee Equipment Washing Job Site Management Make-Ready Repairs Lot Data Parts at Cost, Laborl Includedi in Daily Rate Included in Daily Rate Buyer Fees. Biglron charges al buyer's transaction fee in order invest in and enhance the bidder/buyer experience across our website marketplace and mobile applications. The following fees are charged to our buyers: 10% buyer's transaction fee with a maximum amount of $500 charged per item. 10 PROOF OF PUBLICATION Kiowa County Press KIOWACOUNTY STATE OF COLORADO Chris Sorensen, do solemply swear.thatlam, the Publisher ofithe Kiowa County Press, the same is a weekly newspaper printed and published in the County of Kiowa, Stateo OfColorado, andhas ageneral. orcuavenmereminaisa: newspa- perhast cerpublereccontinuousy and uninterruptedly ins said County of Kiowa for a period: ofmore than fifty- two consecutive weeks prior to the first publication of the annexed legal notice or advertisement: that said newspaper has been admittedito.the United Statesi mails as second-class matter under the provisions of the actofMarch; 3, 1879, ora any amend- ments thereof, and that said news- paper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the. laws ofthe State of Colorado That the annexed legal notice or advertisement was published in the regular and entire. sueoleveynumberolsad weekly, newspaper for the period of consecutive insertion(s) and thatithe first puplication of said notice was in the issue ofi newspaper, dated 30th day of August last on the 30th day of August Inwitness whereof have unto set my hand this 3rd day of September 2024. Sorensen, 15 Chris Publisher Giroulatton.indludes Kiowa and Cheyenne Gounties. Subscribed and sworn to before me C anotary publicinand forthe County a ofKiowa, State ofColorado,this B0d day of Scphemtr hii Roocer Notary Publc My commssionexpires B1 aa Cityiofl Lamar BID# 44-011 InternetA Auction Company The Cityoru Lamar will accept sealed. proposals at the Office ofit the City N Treasurer,102E ParmenterStreah Lamar Colorado 81052 untill 5:00 p.m. Sepiember 17, 2024 Propos als Septemberd will ber opened 18, 2024 at-10:00am. and acknow on All proposais submilted must be - seaied and piainly mark ked "Bid 44-01 RFPJ Cily of Lamar internet Auction-Company. Proposals must be submilled inwriting. No oral telephone, facsimile, emaileds on late proposalswill be accepted. Allpro posais mustt bes signed Any spegific guestions) regarding the bid spec- R ifioation should be direcled to the City Treasurer Kristins Schwartz, at 710:336-1373 on emailed tokistin. schwatz@ci lamaco.s. PROJECT DESCRIPTION: The successful bidder will entery into a multiyear contract with. the Cily lo provide a turnkey,no reserve auc- lion service font the sale of various assetsicwnedbylhe Cily, locluding butnol and smail limitedi machinery, to: Trucks, toois, cars ofice large equipment? and furnishings and etc. Contractis toinclude ataminumum, the Company photographing as toy sels, website writing advertising descri iptions and yploading- promol ingt thes sale. qualifying bidders, sell ing to the highest bidder handing payments and ownership transfers and collecting money The bidn must include all fees and expenses that willit be chargedit toi botht the Cilyand the buyen Selectionof the Auction Gompany, will be based upon qualifiçation experience. guaiity assurances and abilily lo perorm inal timelymanners reierences. and cost Before a con: traciy wil-be awarded, the City may necessary conductreterence. to evaluate nvestigations and deter- as mine lhe periormance, record andis abiity oit the top ranked Proposer(s) top performithe Size anditype ofy work to be contracted, and t0 determine the qualitly of the service being OfE fered. Bysubmiting aproposal.you authorize the Cityl to conduct refer encei investigations: asr needed. The City reserves the right to change the submission deadlineor ta (ssue gmendments to the RFP atra any_time ont to cancel or reissue the RFP ata any umey wilhout pen- ally, The City reserves therightt to reject any and al proposals and to walve mnor Irregularities Further, the City is not liable for any costs incurred by the proposer including but not limited to the costs for the preparations of the RFP andia atten- dance atl the opening The City wil not be responsible. for any provided. error nons or for omission the faildre information of pro poser to determine thef fulle extent of the effort necessary to provide the eguested sery vices Published, August 30, 2024 inthek Kiowa County Press edgedz 1 2024 the 2024 s A. 2624 2425 Agenda Item 12 Council Date 9/23/2024 LAMAR CITY COUNCIL EXECUTIVE SESSION COMMENTARY Executive Sessions - (1) For a conference with the City Attorney for the purpose oft receiving advice on specific legal questions under C.R.S. $24-6-402(4)(b) regarding Property Annexation (2) For Discussion ITEMTITLE: of personnel matters under CR.S.S24-6-402 (4)f) regarding Annual Performance review formatand scope. INITIATOR: Rob Evans. City Administrator CITY ADMINISTRATORS REVIEW: E ACTION PROPOSED: STAFF INFORMATION SOURCE: BACKGROUND: Executive Sessions - (1) For a conference with the City Attorney for the purpose of receiving advice on specific legal questions under C.R.S. 2464024,0)regamding Property Annexation (2) Forl Discussion of personnel matters under C.R.S.524-6-402 (4)(f) regarding Annual Performance review format and scope. RECOMMENDATION: