PROWERS COUNTY, COLORADO BOARD OF COMMISSIONERS  OCTOBER 15, 2024  LOCATION: PROWERS COUNTY ANNEX - MEZZANINE ROOM 1001 S. MAIN STREET, LAMAR, CO 81052  WORK SESSION  9:00a.m.  Lisa Schlotterhausen, Wiley Steering Committee Safe Route for School Grant  District Lions Convention & State Lions Convention Pete Hernandez, PC Consolidated Return Mail Center Manager  9:30a.m.  CRMC update OPC update  PC Overflow Processing Center Program Manager  10:00a.m.  Shannon Venturi/ Kathy Scaranton, Big Timbers Museum Curator  Bent's Fort Chapter of Santa Fe Trail Sign Placement at Museum for  Santa Fe Trail Tara Marshall, DOLA  10:30a.m. 11:15a.m.  Updates Re: Grants  Paula Gonzales, County Finance/Budget Officer 2025 Preliminary Budget Discussions  MEETING AGENDA  1:00 p.m.  Invocation Pledge of Allegiance Call Meeting to Order Roll Call  1    CONSENT AGENDA ACTION ITEMS:  1. Consider Approval of Adoption of Agenda  2. Consider Approval of Payment of Bills Presented and of Voiding Checks, if any  3. Consider Approval of October 8, 2024 Meeting Minutes  PUBLIC APPEARANCES  Anyone wishing to address the BOCC may do sO at the discretion oft the Board  and subject toathree-minute limitation.  Don Wilson  Interim County Administrator Update  Rose Pugliese, Esq.  County Attorney Update  ACTIONITEMS:  1. Consider approval to acknowledge by the BOCC an Annual Liquor License Renewal Application for Lamar Stop, LLC (Restaurant), License type: Beer & Wine (County) at 2. Consider approval to acknowledge by the BOCC an Annual Liquor License Renewal Application for Lamar Stop, LLC (Convenience Store), License type: Fermented Malt Beverage & Wine (County) at the location of 33110 County Road 7, Lamar, CO. 3. Consider ratifying 10-3-2024 email poll approval to accept DFPC 2024 Direct Distribution of Personal Protection Equipment in the amount of $47,331.40and authorizing Rural Fire Chief, Staffon Warn to execute the acceptance of award. 4. Consider approval of Fairgrounds Facility Rental Agreement for Colorado. JR. Rodeo 5. Consider approval of Fairgrounds Facility Rental Agreement for Prowers County Farm 6. Consider ratifying 10-9-2024 email poll approval for payment presented for County Road and Bridge Department ini the amount of $59,981.00 with a certification date of October 9, 2024 and authorizing the use of the Commissioner's signature stamps.  the location of 33110 County Road 7, Lamar, CO.  Association, event scheduled for July 23-27,2025. Bureau, event scheduled for November 7, 2024.  2    7. Consider approval of a Resolution to Transfer 2024 Revenue between Sales Tax Fund  to County General Fund ini the amount of$1,000,000.00.  PREVIOUSLY: TABLED ACTION ITEMS:  1. Consider approval of Destination Management Services Agreement for Prowers County and Global Vista Technologies, Inc dba Vista' Works and DestinationiQ,  payment amount of $2,500 per month for services.  EXECUTIVE SESSION  Executive Session pursuant to C.R.S. 524-6-402/4)b) Conference with the attorney fori the purposes of receiving legal advice on specific legal questions.  NOTE: This Agenda is provided fori informational purposes only. Action may be taken on any or all of thei items. All times are approximate. Ifany given item is finished earlier than anticipated, the Commissioners. may move on to the next item. The only exceptions are public hearings on items which have had published notices ofa If you need assistance in participating in this meeting due to a disability as defined under the Americans with Disabilities Act, please call 719-336-8030 at least three days prior to the scheduled meeting to request an  specific hearing time; those items will not begin until the specific time or after.  accommodation.  3    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested:  10-15-24  Submitter:  Jana Coen, County Clerk  Submitted to the County Administration Office on: 10-4-24  Return Originals to: Jana Coen, County Clerk Number of originals to return to Submitter:  1  Contract Due Date:  Item Ttle/Recommended Board Action:  Consider approval to Acknowledge by the BOCC an Annual Liquor License Renewal Application for Lamar Stop, LLC (Restaurant), License type: Beer & Wine (County) at the location of 33110 County Road 7, Lamar, CO.  Justification or Background:  All appropriate paperwork was submitted with App'l to Prowers County Clerk  Fiscal Impact: This item is budgeted in the following account code:  N/A  County: $_ Federal: State: Other:  $_ $_ $_    33 31  1 I 29 88 - 3 6    Prowers County Clerk & Recorder 301 S. Main St., Ste. 210 Lamar, CO 81052  FEES DUE Renewal Fee Amount Due/Paid  $163.75 s/63.75  LAMAR STOP LLC dba LAMAR STOPI LLC 33110 COUNTY ROAD7 LAMAR, CO 81052 (RESTAURANT)  Make check payable to: Prowers County  Retail Liquor License Renewal Application  Please verify & update all information below  Licensee Name LAMAR STOPL LLC Liquor License # 275 Sales Tax] License Number 95918145 Business Address 33110 COUNTY RD7 Mailing Address  Doing Business As Name (DBA) LAMAR STOP LLC  License Type BEER & WINE (COUNTY) Expiration Date 11/15/2024  Due Date 10/8/2024 Phone Number  Email  PO-oy 26l, CAMI4N, bo 8(S2 Operating Manager Date of Birth Home Address  gurbhguhalwa1230gmal.com  Phone Number  GuxTSwp. Affirmation & Consent  7491 N. Sander Avellais,C  756019  IC declare under penalty of perjury in the second degree that this application are true, correct and  complete to the best of my knowledge. aHa-Al2ahy Maiplau  Type or Print Name of Applicant/Authorized Agent of Business  Title Muoggr Delhr Date 10-3-2D246  Signature/  Report & Approval of County License Authority  Thet foregoing application has been examined and thej premises, business and character of the applicant are satisfactory, and we dol hereby report that such license, if granted, 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 Authorityl For Acoers Caey  Date a10-4-24  Signature  bu DAOn Pmer Up leri  4 Riu    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested:  10-15-24  Submitter:  Jana Coen, County Clerk  Submitted to the County Administration Office on: 10-4-24  Return Originals to: Jana Coen, County Clerk Number of originals to return to Submitter:  1  Contract Due Date:  Item Itle/Recommended Board Action:  Consider approval to Acknowledge by the BOCC an Annual Liquor License Renewal Application for Lamar Stop, LLC (Convenience Store), License type: Fermented Malt Beverage & Wine (County) at the location of 33110 County Road  7, Lamar, CO.  Justification or Background:  All appropriate paperwork was submitted with App'l to Prowers County Clerk  Fiscal Impact: This item is budgeted in the following account code:  N/A  County: $_ Federal: $_ State: Other:  $_ - $_      M  E E E of 9 6 a 3 3  -    Prowers County Clerk & Recorder 301 S. Main St., Ste. 210 Lamar, CO 81052  FEES DUE Renewal Fee Amount Due/Paid  $107.50 s/07-50  LAMAR STOPLLC dba LAMAR STOP LLC 33110 COUNTY ROAD7 LAMAR, CO 81052 CONVENIENCESTORP)  Make check payable to: Prowers County  Retail Liquor License Renewal Application  Please verify & update all information below  Licensee Name LAMAR STOP LLC Liquor License # 133 Sales Tax License Number 95918145 Business Address 33110 COUNTY RD7 Mailing Address PO Box 261, Lamar, CO 81052 Guxbleys SuCA Affirmation & Consent  Doing Business. As Name (DBA) LAMAR STOP LLC  Liçense Type Expiration Date 11/15/2024  FERMENTED MALT BEVERAGE & WINE (COUNTY)  Due Date 10/8/2024 Phone Number  Email  INIVABmNIon  Operating Manager Date of Birth Home Address  Phone Number  7491 N. Sawlars Clovis,CA 93019  C declare under penalty of perjury in the second degree that this application are true, correct and  complete to the best of my knowledge. Nya Alzghow)  Type or Print Name of Applicant/Authorized. Agent of Business  Title Muangar Avechnr Date 10-3-24  Signatire  Nynipha  Report & Approval of County License Authorlty  The foregoing application has been examined and the premises, business and character of the applicant are satisfactory, and we dol hereby report that such license, if granted, 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 PYMELS gt 101  Date 10-4-24  Lounty  anrat ChxE nfthun    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10-15-2024 Submitter: Staffon Warn, Rural Fire Chief  Submitted to the County Administration Office on: Email Poll 10-3-2024  Return Originals to: Staffon Warn & Jana Coen Number of originals to return to Submitter: 1  Contract Due Date:  Item nte/Recommended Board Action:  Consider ratifying 10-3-2024 email poll approval to accept DFPC 2024 Direct Distribution of Personal Protection Equipment in the amount of $47,331.40 and authorizing Rural Fire Chief, Staffon Warn to execute the acceptance of award  Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: $ Federal: $ State: Other:  $ $  Approved by the County Attorney on: 10-7-2024  Additional Approvals (if required):    COLORADO Division ofFize Prevention 6Control Depaentran Pubi:s Swily  September 6, 2024  Prowers County Rural Fire Department  RE: 2022 House Bill 1194 Funding for Personal Protective Equipment  Dear Chief Staffon Warn,  Congratulations! We reviewed your application for personal protective equipment and we are pleased  toi inform you that some or all of your request is being awarded.  Your agency is eligible to receive the following personal protective equipment:  Priority Item Name & Description  Quantity Unit Cost Required 2  Extended Price $5,350.00 $64990 $67600 $3,300.00 $2,999.50 $34,356.00 $47,331.40  Turnouts - Classix Globe Coat and Pants Leather Structure Boots - Haix Fire Hunter USA 2 Traditional Helmet Bullard USTLW with Leather 2 Fire Shelter Large-Anchor Industries M2002-Large 6  $2,675.00 $32495 $338.00 $550.00 $299.95 $8,589.00  Front (Traditional Helmet)  Wildland Boots-) Haix XRI Pro MSA SCBA with 45 Minute Cylinders  10 4  Totals  *Due to the high demand of funding, the quantity of awarded items may differ from your request.  DFPC will be purchasing all of the listed equipment and it will be shipped directly to your department. Attached is a personal protective equipment specifications sheet to assist you in determining whether or not to accept the awarded equipment. There are no allowable model or Vendor changes to the PPE listed on the PPE specifications sheet. Accessories to the equipment may be purchased through the Vendor at the expense of the department on a separate invoice (e.g. Department and Firefighter name on bunker coat). If there is an awarded PPE item you do not want to reçeive please let us know by indicating a partial acceptance or No later than September 30, 2024, your agency's executive must complete, sign, and date page 2 of this letter notifying us of your decision to accept, partially accept, or reject this award. Signed letters should be returned to House Bill 22-1194 Project Manager Lori Lynch-Brill at On.ynenbnleuate-co.s.  rejection of the award below.  STATE'S RIGHT TO CANCEL  This funding opportunity does not obligate the state to award a contract and the state reserves the right to cancel    the solicitation if it is considered to be ini its best interest due to lack of funding, early termination, public  interests, agency priorities or other considerations.    Page 2 AWARD ACCEPTANCE  By signing this acceptance letter, you agree that all personal protective equipment to include SCBAS will to be assigned to emergency response apparatus and personnel. We were not able to fund all departments with 10 year or greater response PPE at this time due to insufficient funding to meet all requests, If the PPE your department has been awarded was not intended for this use please decline the award. We are unable to award personal protective equipment for training or reserve apparatus at this time. Your department may be You also agree to submitting documentation to DFPC upon receipt of awarded equipment for tracking and  required to report back on how the department is utilizing the awarded PPE.  record keeping purposes.  Accept Award Partially Accept Award  Explanation:  Reject Award/unable to use Equipment  Please have the organizational executive or financial representative print, sign and date this award letter indicating acceptance and agreement of these terms as outlined herein. Please make a copy of this signed  award letter for your records.  Print Name_ Staffon Warw Sign Name aABon Wlon  Date  19Ha04  Please submit inquiries, and receipts to or.yrepbiltesate.ceus,  Sincerely,  Mike Morgan, Director  Colorado Division of Fire Prevention & Control  700 Kipling Street, Suite 1000, Lakewood, CO 80215 cdpaweb.state.c.Us Jareds. Polis, Governor I Stan Hilkey, Executive Director    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10-15-2024 Submitter: Administration Office  Submitted to the County Administration Office on: 10-07-2024 Return Originals to: Jana Coen & Administration Office Number of originals to return to Submitter: 3  Contract Due Date:  Item Itle/Recommended Board Action:  Consider approval of Fairgrounds Facility Rental Agreement for Colorado JR.  Rodeo Association, event scheduled for July 23-27,2025. Justification or Background: Annual event  Fiscal Impact: This item is budgeted in the following account code:  County: $ Federal: $_ State: Other:  $ $  Approved by the County Attorney on:  Additional Approvals (if required):    PROWERS COUNTY FAIRGROUNDS FACILITY  RENTAL AGREEMENT  Today'sD Date:_ 10/3/24 Name of Organizationp Colorado JR badee ASsN Name & Address of Authorized Agent: BvIAn Cullen 3387 (RA 38.5 Uuma To 80755 Phone: 410 SS 1444  Date(s) of Events: July 23-27,20 Set Up Time: 7l23 IZampn Event Starts:_ 1/24 apm Finish Time: 727 N am pm  XArena  Home Ec  Vaqueros  Sales Tax ID: Type - of Event: $  Centennial x Pavilion  Yowth bode  Ifapproved by the Board of County Commissioners (the Commissioners"), Iagree to pay feesi in the amount of are at the total discretion oft the Commissioners. Ihave attached copies of my State of Colorado Sales" Tax License and the City ofLamar Sales Tax License, if applicable. Failure to do sO will result in denial of my rental request,  or to submit a request for a waiver oft the fees.) lunderstand the decision to waive any or all ofthe fees  unless! I am legally exempt. The attached lease terms are part oft this Agreement.  Jur Sedu  10324  Agent  Date  Sh  The Commissioners reserve the right to not lease any portion or all ofthe! Fairgrounds to any organization which it deems in its sole discretion, to be in direct and adverse competition to Prowers County merchants or is otherwise detrimental to Prowers County citizens. Fees may be adjusted at the discretion oft the Commissioners based upon  ther number of participants or unique conditions.. Fees are based on daily rates.  Rental Approved: henillns Maintenance & Facilities Director  10-4-24 Date Date  Chairman  Prowers County Board ofCommissioners For County Use Only: Date Booking Feel Paid ($25.00): Date Rental Feel Paid: Inspection completed:  Damage/Cleaning Deposit: Date Paid:  Damage/Cleaning: Deposit Refunded; Y/N, ifno, see attached.  Please note that any deposit refund due back to you willl be provided by al Prowers County check. Checks are  issued upon approval at the Commissioners' meetings. Tiahility Insurance received: Yes No Date:  Update 08/27/2024  Fairgrounds Rental Agreement    PROWERS COUNTY FAIRGROUNDS  FACILITY RENTAL: RESERVATION AGREEMENT Between Prowers County Board ofCommissioners (Commissioners) and the Authorizing Agent (User) renting 1. Determination of fees for use of the facilities shall be made by the Commissioners in accordance with the established fee schedule and agreed to by the User at the time the reservation is confirmed. Use of the Rented Premises shall not include Prowers County personnel, including, but not limited to, County Maintenance 2. Unique events may require an increase in fees/charges and/or conditions in addition to those shown. The Commissioners reserve the right to modify any of the conditions as necessary on a case-by-case basis. Holiday use of the Fairgrounds is subject to approval by the Commissioners. All County holidays are observed by County Maintenance Personnel. Nol Prowers County Personnel will be made available to the User over County- approved Thanksgiving and Christmas holidays. Additional fees will be assessed for events scheduled on holidays. Overtime charges for County Maintenance Personnel at a rate of two times the normal hourly rate will be charged for holiday events, in addition to regular fees and charges, with the exceptions described Use ofall facilities shall be scheduled through the Prowers County Administration Officeonly. a) AI non-refundable booking fee of $25.00 per event must be paid when each event is scheduled. b) The $25.00 booking fee is due before an individual or entity may have their name placed on the Fairgrounds C) Ifthe event does not go forward for whateverreason, the $25.00 fee WILLNOT BE REFUNDED! d) The remainder of the Rental Fee and Damage/Cleaning Deposit must be submitted to the office no less than ten (10) working days prior tot the date scheduled. (Commercial users: fees must be paidi in certified funds.)The Damage/Cleaning Deposit is required and due from all Users whether use fees are waived or not. Failure to pay fees ten (10) working days prior to the event may result in cancellation of facility use. Access to the facilities at any time other than stated on this form is not allowed unless prior approval is received from the Commissioners. Please note that the Damage/Cleaning Deposit refund, if any, due back to the User will be provided by al Prowers County check. Checksare issued uponapproval. at the Commissioners' meetings. 4. The scheduling of the activities shall be made in the name of one individual who must, as a condition of use, read this document and accept responsibility for adequately supervising the event; assure that the facilities are used for thej purpose for which they are scheduled; reimburse the County for damage toi the property or facilities including excessive clean-up costs that may occur in connection with the event; assure payment, ini full, ofall charges for space and equipment requested; and ensure that all promotion and advertising of events involving 5. The Damage/Cleaning Deposit must be paid within ten (10) days prior to the scheduled event. The Damage/Cleaning: Deposit shall be utilized by Prowers County, ifnecessary, for cleanup and repair of damages oft the Rented Premises. In the event that the User performs cleanup ofthe) Rented Premises in as suitable manner and there is no damage, The Damage/Cleaning Deposit will be reviewed for return to the User at the next regularly scheduled meeting of the Commissioners The Rented Premises is an alcohol-free facility. Ifany alcohol is brought to the Fairgrounds. the entire deposit will be retained. The User will be personally liable 6. In case ofcancellation, thel Rental Fee willl ber refunded (less thel booking fee) ifnotice of cancellation is received ten (10) working days prior to scheduled use. Ift the event is canceled due to inclement weather, the event may  the facility, including any parking areas, ifapplicable (Rented Premises).  Personnel.  previously in this paragraph. Fees and deposits:  3.  calendar to reserve a facility at the Fairgrounds.  the use oft the facilities shall identify thei individual or group sponsor oft the event.  for any expense for damage and/or cleanup in excess of the required deposit.  Update 08/27/2024  2  Fairgrounds Rental Agreement    ber rescheduled with no additional fees due. Ifthe event ist rescheduled for any other reason without the required  notice, an additional booking fee will be charged.  7. Subleasing or charging additional fees to use the Rented Premises will: not bej permitted.  8. Non-commercial Users may have one (1) day in advance for set-up, decorating, etc. between the hours of 8:00 am and 4:00 pm, provided that there is nothing previously booked on that date. Ifa additional days are required for set-up, an additional fee of $100 will be charged for each additional day. Commercial Users: Ifs special set- 9. Liability insurance is required for all commercial events. Certain "at risk" activities, i.e. rodeos, tractor pulls, carnivals, circuses, etc. are required to provide liability insurance. An insurance certificate showing Prowers County as an additional insured must be provided to the County no later than ten (10) business days prior to 10. Under Colorado! Law, an equine professional isi not liable fora any injury to or the death ofaj participant ine equine activities resulting in the inherent risks of equine activities, pursuant to Section 13-21-119, Colorado Revised 11. The User acknowledges that the User's rental of Prowers County's property is not subject to the direct supervision and control of Prowers County personnel. Accordingly, and in express consideration for the within Agreement, User hereby agrees to indemnify, and hold harmless, Prowers County, its officers, agents, and employees from and against any and all claims for liability asserted for personal injury, or property damage to any and all persons or entities whatsoever, and arising out ofthe User's rental of Prowers County's! property as hereinabove set forth. This indemnification expressly extends to any and all damage awards, and shall further cover: all costs of defense, which shall be conducted in Prowers County's sole discretion, including attorney's 12. The Agreement shall be and become binding upon, and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and designs. Any action necessary to construe, interpret, or enforce the provision of the Agreement shall be brought and maintained in the District Court in and for Prowers County, Colorado, with the substantially prevailing party therein being entitled, as ai matter of contract law an agreement to recover its costs and expenses therein incurred, including reasonable attorneys' and expert witness fees. 13. Falsified or misleading information on this form may be cause for cancellation oft this Agreement and forfeiture of the Damage/Cleaning Deposit and/or Rental Fees paid and may result in loss of future usage oft the Rented 14. The User shall be required to call for an on-site facility orientation with the Fairgrounds caretaker no later than five (5) working days prior to the event. The User willl be familiarized with information pertaining to use ofthe facility, obtain keys, and will have the opportunity to ask questions of the Fairgrounds caretaker. The Fairgrounds Caretaker can be reached by calling 719-931-0034 and is available to schedule an orientation Monday - Friday 9:00 am to Noon and 1:00pm to 3:00pm. Regularly scheduled monthly meeting organizers are not required to complete an orientation, however, are expected to cooperate with the expectations for use outlined in this Agreement. The User understands that Prowers County does not employ 7 day per week, 24 hour per day Fairgrounds Personnel. The Fairgrounds Caretaker hours are scheduled from 8:00 am to 5:00 pm, Monday -Friday. The Fairgrounds Caretaker schedule may change to correlate with an event; however, changes must be pre-approved and are at the discretion of the Prowers County Maintenance Supervisor. 15. Every effort has been made to provide that the Rented Premises is adequately maintained and appropriately prepared for normal use. Iti is further understood that thel building and grounds systems can, and do, fail at times. Failures may include, but are: not limited to: electrical outlet power losses and blown breakers due to abnormal use and overloaded circuits, public announcing or loudspeaker malfunctions, lighting failures, water supply problems, and restroom malfunctions, etc. There are no guarantees against such failures either implied or stipulated in this Agreement. Prowers County Personnel will only be made available during off-hours in the  up/tear-down is required, standard facility use days will be charged on a! % day basis.  the scheduled event.  Statutes.  and expert witness fees.  Premises.  Update 08/27/2024  3  Fairgrounds Rental Agreement    event of an emergency pertaining to life safety or unsanitary conditions. All other unexpected occurrences 16. The User understands that costs incurred by Prowers County due to responding to non-emergency calls for service, facility or grounds clean-up, and sub-contractor repairs for damages to equipment or facilities will be billed to the user ata a rate of2 times the actual costs. Iti is the User's responsibility to minimize non-emergency 17. The User agrees that it is their responsibility to provide, and be responsible for, the equipment or supplies necessary to circumvent potential failures in the buildings, restrooms, or arena including, but not limited to: portable generators, portable toilets, portable amplifier or loudspeaker systems, water, and/or water trucks for wetting a dusty arena floor, toilet paper and hand towel paper supplies, first aid: supplies, etc. 18. The User is specifically responsible to ensure: adherence to these written and any posted policies and to: a) Provide written documentation specifying any concerns, system failures, or break-downs and deliver that documentation to the Fairgrounds Caretaker. Please do not manipulate circuit breakers. b) Pick-up trash and debris accumulated during the eventi including parking areas and deposit the trash int the 55-gallon trash drums provided, ori iffull, into available dumpsters. c) Re-stock indoor and outdoor men'sa and women'sr restrooms with toilet paper and paper! hand towels as needed throughout the event. The Fairgrounds Caretaker will make these items available to users. d) Pick-up trash in, and around, the indoor and outdoor restrooms, thel kitchen, and concession stands and leave fixtures, appliances, and counter surfaces clean. Sweep and mop, or vacuum indoor floor surfaces. e) Make appropriate arrangements for providing the necessary crowd control, public safety, and building Provide events security and present evidence ofsaids security upon request by the Commissioners.  should be documented and willl be addressed on the next regular workday.  calls for service.  security for the event.  Ensuret that scheduled dance events end at 12:001 Midnight; no exceptions.  19. Prowers County assumes no responsibility for lost or stolen items.  20. Alcohol is not allowed on the Fairgrounds at any time. The county has a zero-tolerance policy regarding alcohol. Any violation of this policy will result in immediate revocation of access to the Fairgrounds, a permanent ban going forward, and County retention oft the entire damage deposit. Local law enforcement 21. Building or grounds emergency call: 931-0034or 931-9335. Medical or safety emergency call: 911.  has been authorized to remove parties in violation of this policy.  Ihave read, understand, and agree to thet terms and conditions outlined int this agreement.  Date:_ 1l3124  Organization: Calerada J faltu Coow  Authorizing Agent Printed name: Authorizing Agent Signature: Forl Rodeo Events:  h   Authorized Tractor/Equipment Operator Printed Name: Brn Cllen PhDmgc  Update 08/27/2024  4  Fairgrounds Rental Agreement    PROWERS COUNTY FAIRGROUNDS  FEE SCHEDULE Not For Local For or Non-Local  Resident or Non-Resident Profit $300 $300 $500 $225  #of days/head oflivestock  Facilities Requested Arena Rent Daily Pavilion Rent Dally Home Economics' Bldg, Rent Dally Vaqueros Bldg. Rent Dally Use of Parking Lots Arena Lot /Grounds Dally Daily *1 Pavilion Boarding Rodeo Events Minlmum Fee Dally R.V. or Camper Parking One Electric Pedestal and One Water Connection per Rented Space only Dally Dry Camplng and Horse Penning at Deslgnated Southwest Parking Lot ONLY Dally Elmer's Garden Dally Cleaning/Damage Deposit (Due 10 days prior to event)  Total WALVC Wawc hurve  Profit $150 $150 $500 $225  ForProfit $970 $970 $500 $425 $210 $10/head $40 $30  ua Waive dascowitr Aaourh  Overnight Boarding (Arena Pens) $5/Head $5/Head  $20 $30  $30 $30  $10 $0.00 $1000  $10 $0.00 $1000  $20 $0.00 $1000  douti  Jeo CJIA  Yag  * Rental Fees for the Pavilion for Not for Profit will not be charged since the Event Organizer is responsible for  collecting the fee, The feei is still: subject to 50/50 split, at the Commissioners' discretion  TOTAL (DUE 101 DAYSI PRIOR TO USE) Update 07/09/2024  $  $ 5  $  $  Fairgrounds Rental Agreement    1. Fees are based upon aj per calendar day rate. Events which extend beyond midnight of the scheduled day 3. A commercial event is defined as an activity where fees are charged to entrants and the sponsoring entity retains some or all oft the proceeds from the activity or where goods or services are offered for sale or lease tot the general public. The Commissioners reserve ther right to determine ifan event is a commercial activity. 4. Commercial vendors will pay a feei in addition to the fees listed on the attached fee schedule in the amount of1% ofg gross sales, based upon the vendor's projections. The amount oft thej projected sales willl be verified 5. RVor Camper Parking isonly allowed foral total ofthree (3)days perthirty (30)-day timep period, unless a. RVor Camper Parkingino conjunction witha a Registered Event must follow the policiesset forthin  may be subject to ai fee for an additional day.  2. The Commissioners reserve the right to request verification ofr not-for-profit status.  by comparison oft the projection to Sales Tax as reported to the State.  inconjunction with al Registered Event.  8a. below.  b. For RV orCamper Parking NOTino conjunction with a Registered Event:  Electrical and water hook-up fees are to be paid and collected at the Prowers County Administration Office at 301 S Main Street, Suite 215, Lamar, CO 81052 or by calling (719)336-8025 during normal business hours OR at the Fairgrounds Drop Box. ii. Each individual RV hook-up is provided for use exclusively by only one reserved RV. ii. No horses or livestock shall be penned near oraround RV hook-up areas. Paid RV users iv. No RV, Trailer, Camper or Horse Trailer electrical hook-ups are allowed atany electrical V. Thei individual or organization on record att the Prowers County Administration Office will be responsible to pay for any damage incurred due to unauthorized electrical or water  Thereisnos sharing of electrical or waterhook-ups. must pen horses in covered stalls. outlet located on the Pavilion Structure.  connections.  6. It is the responsibility of the Event Organizer to make arrangements to meet on-site with the Fairgrounds Caretaker no later than four (4) days prior tot the event to reçeive building keys and facility use instructions. a. Covered and uncovered stalli fees are tol be reserved, collected, refunded for cleaning, and accounted  7. REGISTERED EVENTS ONLY:  for by the Event Organizer with the understanding that  ifcovered stalls are cleaned by the Event Organizer after use, the amount collected is split  50%/50% between the Event Organization and Prowers County.  8. REGISTERED EVENTSONLY:  a. RV Electrical and water hook-up fees are to be reserved, collected, and accounted for by the Event i. Each individual RV hook-up is provided for use exclusively by only one reserved RV. ii. No horses or livestock shall be penned near or around RV hook-up areas. Paid RV users ii. No RV, Trailer, Camper or Horse Trailer electrical hook-ups are allowed at any electrical outlet located on thel Pavilion Structure. The Event Organization will be responsiblet toj pay  Organizer with the understanding that:  There is no sharing of electrical or water hook-ups. must pen horses in covered stalls.  for any damage incurred due to unauthorized electrical connections.  Update 08/27/2024  Fairgrounds Rental Agreement    PROWERS COUNTYI - FAIRGROUNDS REGISTERED RODEO EVENTS  FAIRGROUNDS USE:  The Prowers County Fairgrounds is available for registered rodeo events in-season from April through October. Conditions for use of the facilities for all events including registered rodeo events are specifically detailed in the 1. Prowers County Fairgrounds Facility Rental Reservation Agreement, 3 pages. Revised October 20, 2011. 2. Prowers County Fairgrounds Facility Rental Agreement, 1 page. Revised October 20, 2011. 4. All event organizers who may be interested in reserving the Prowers County Fairgrounds for a registered rodeo event are encouraged to read very carefully all oft the rental information provided by Prowers County  following information:  3. Fairgrounds Fee Schedule, 2 pages. Revised October 18, 2011.  before scheduling any rodeo event.  REGISTERED RODEO EVENTS:  Scheduled registered rodeo events are to be conducted in cooperation with the established fees and agreements for use oft the Prowers County Fairgrounds. Event organizers are encouraged to include this information in all event literature distributed toj potential rodeo] participants in an effort tol lessen costly misunderstandings duringt the event.  Unless otherwise specified, the following are applicable to registered rodeo events:  1. The fairgrounds rodeo arena is watered regularly using a water reel. Use of the water reel by event organizers is prohibited. The rodeo arena may be watered once daily during a registered rodeo event at the event organizers request only ifs scheduled and coordinated with the Fairgrounds Caretaker. 2. The fairgrounds rodeo arena is worked priort to thei rodeo event by the Fairgrounds Caretaker using Prowers County equipment. Working the arena during the event is the responsibility of the event coordinator. The county tractor and attached arena king finisher are available for use by the event coordinator, or specified driver, for the duration oft the event. Al key to the tractor is provided only after the specified driver has met 3. Concession stand use is by reservation only. Call thel Prowers County Extension service 719-336-7734)to 4. The event organizer is responsible to reserve and collect fees for covered stalls located in the Prowers County Pavilion. The stalls are located in the Prowers County Sale Barn and set-up by Prowers County a. Scheduling with thel Fairgrounds Caretaker for setting up horse stalls int the Pavilion. b. Scheduling with thel Fairgrounds Caretaker: for cleaning the stalls after the event.  on-site with the Fairgrounds Caretaker for operating instructions.  reserve.  Staffbefore the event.  5. The event organizer is responsible for ensuring the following:  6. The event organizer is responsible for reserving and collecting all fees associated with R.V. hook-ups, dry  camping, and horse stall fees.  The event organizer is responsible for ensuring the following:  1. No horses shall bet tied or penned at, or near, any R.V. electrical or water hook-up located at the arena parking area and arena parking area fencing, or at the R.V. hook-ups located north of the Prowers 2. Nol R.V. campers, horse trailers, or other similar vehicles shall not be allowed to park near, and/or plug any electrical cord into the electrical outlets located in the Prowers County Pavilion. 3. No horses shall bet tiedt to, orj penned near, any permanent fence or any tree located anywhere on Prowers  County Pavilion.  County Fairgrounds property.  Update 08/27/2024  7  Fairgrounds Rental. Agreement    4. All dry camping and horse penning shall be located in the southwest dirt parking area only. Under no circumstances shall dry camping and penning be located oni roto-mill, asphalt, or grass areas elsewhere on1 the Prowers County Fairgrounds property. The Event Organizer is responsible fort the cost of clean- 5. All R.V. hook-ups (pedestal) provided for use during registered rodeo events are for one (1) R.V. camper only. Under no circumstances shall more than one R.V. camper plug into a reserved pedestal. 6. All horses and livestock are prohibited from access to paved pedestrian and driveways, grassyareas, treed areas, and covered buildings with the exception oft the Prowers County Pavilion.  upi ifhorses are penned or tied in areas outside dry camp areas.  Update 08/27/2024  Fairgrounds Rental Agreement    USE OF THE PROWERS COUNTY FAIRGROUNDS R.V.  ELECTRIC PEDESTALS  In an on-going effort to mitigate potential damage, and to maintain safe, reliable electrical pedestals it is the  responsibility ofthe Event Organizer to remind each camper utilizing the pedestals that:  Each electrical pedestal is wired for 50 amp., 30 amp., or 20 amp. uses and should nol be overloaded with Each electrical pedestal is intended to be used by a single user. One camper one pedestal. Choose one 50, 30, or 20-amp outlet that best meets the required load for each R.V. or Camp Trailer. Each electrical pedestal is complete and ready for use. Under no circumstances shall the face plate cover ber removed and/or the electrical outlets, wiring, or related pedestal components be manipulated. Use only safe and well-maintained electrical cords and plugs designed to carry the specified load. Under no circumstances shall exposed cord wires be direct wired into any electrical pedestal or pedestal outlet. Do not secure livestock or pets to the electrical pedestals or water hydrants located in designated R.V. The electrical pedestal located north of the Crow's Nest is intended for auxiliary use only and is not Report any damaged pedestals to the event coordinator, or fairgrounds staff as soon as the damage is discovered. Damage to pedestals willl be charged to the event organizer at a rate double the cost for repair  multiple or piggyback cords and appliances.  campsites or throughout the fairgrounds. available for campers. orr replacement.  Under no circumstances shall RV Pedestals be used by vendors.  Campers are encouraged to use the electrical pedestals safely and responsibly. The pedestals are checked daily and potential safety hazards are reported to event coordinators fori immediate corrective actions. Recommendations may include re-locating campers who share pedestals, removing and replacing hazardous cords, rescinding use of an  electrical pedestal, or requiring compensation for repairing damaged pedestals.  Update 08/27/2024  Fairgrounds Rental Agreement    HOME EC. BUILDING CHECKLIST  Do not tape or hang decorations from the ceiling grid or ceiling tile. Dor not tape or staple decorations toi tables, chairs, walls, windows, or doors Please place allo chairs and tables back as they were before leaving. Cleaning supplies arei ini the custodial supply closet located ini ther men'sroom.  Clean and put away anyi items that you used.  Please clean and dry all counter tops, sinks, and appliances in restrooms.  Sweep and' Vacuum the floors. Wipe down all the tables. south door oft the building. Turn the meeting room lights off. (689 in the winter or 759 in the summer)  Pickup all trash in restrooms, kitchen, and meeting room and place in the dumpsters located outside the  Please return thermostat settings back tot the original temperature.  Close and lock all windows and doors. Place the building keys ini the drop box located neart the: south door.  Please leave the building ini the condition yout found it.  Please call (719) 931-0034 to reach the caretaker.  KITCHEN CHECKLIST  Please plant for enough time to clean-up after use. Iti is your responsibility to clean the Kitchen after usingi it.  Wash all dishes and utensils and place backi in the proper location.  Wipe off all counter tops.  Cleana all of the appliances you use including the stove, microwave, coffee machine, and refrigerator.  Cleanand dry the sinks andi faucets. Clean up all spills oni floors and counter tops.  Sweep and mopi floors.  Lettover tood will be disposed ot, be sure to take lettovers with you.  Update 08/27/2024  10  Fairgrounds Rental Agreement    VAQUEROS BUILDING CHECKLIST  Dor not tape or hang decorations fromi the ceiling grid or ceiling tile. Don not tape or staple decorations to tables, chairs, walls, windows, or doors Please place all chairs and tables back as they were before leaving. Cleaning supplies arei in the custodial supply closet located int the men's room.  Clean and put away any items that you used.  Please clean and dry all counter tops, sinks, and appliancesinrestrooms.  Sweep and' Vacuum the floors. Wipe down all the tables. south door of the building. Turni the meeting room lights off. (689 in the winter or 759 in the summer)  Pickup all trashi ini restrooms, kitchen, and meeting room and place in the dumpsters located outside the  Please return thermostat settings back to the original temperature.  Close and lock all windows and doors. Place thel building keysi in the drop box located near the south door.  Please leave the building int the condition yout found it.  Please call (719) 931-0034 to reach the caretaker.  KITCHEN CHECKLIST  Please plan for enough time to clean-up after use. Iti isy your responsibility to clean the Kitchen after using it.  Wash all dishes and utensils and place backi in the proper location.  Wipe off all counter tops.  Clean all oft the appliances you use including the stove, microwave, coffee machine, and refrigerator.  Cleanand dry the sinks and faucets. Clean up all spills oni floorsa and counter tops.  Sweep and mop floors.  Leftover food willl be disposed of, be sure tot take leftovers with you.  Update 08/27/2024  11  Fairgrounds Rental Agreement    PROWERS COUNTY  REQUEST FOR WAIVER OF FEES ATFAIRGROUNDS  On behalf of Colorado Jr Rodeo Assn Fairgrounds. The waiver is needed because  Idol hereby request a waiver of fees for rental oft the  We are a non-profit 501 (c) (3) organiztiont that doesn'tr retairn earnings from hosting events.  July2 23-27,2025 Date(s) of Event Sds Hhuy Authorized Agent  10/2/2024 Date  Fees Included in Waiver Request 01 Booking Fee QF Pavilion Rent OV Vaqueros Bldg Rent $ Arena Pens ORVF Parking  $ $ $ $  WArena Rent Home Ec Bldg Rent $ Parking Lots 31 Pavilion Boarding $ ODry Camping  $ $ $  Request is approved with the following conditions:  Date:_  Chairman  Prowers County Board of Commissioners Request is denied for the following reason:  Date:  Chairman  Prowers County Board of Commissioners    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10-15-2024 Submitter: Administration Office  Submitted to the County Administration Office on: 10-07-2024 Return Originals to: Jana Coen & Administration Office Number of originals to return to Submitter: 3  Contract Due Date:  Item Itle/Recommended Board Action:  Consider approval of Fairgrounds Facility Rental Agreement for Prowers County  Farm Bureau, event scheduled for November 7, 2024. Justification or Background: Annual event  Fiscal Impact: This item is budgeted in the following account code:  County: $_ Federal: $ State: Other:  $ $  Approved by the County Attorney on:  Additional Approvals (if required):    PROWERS COUNTY FAIRGROUNDS FACILITY  RENTAL AGREEMENT  Today's Date: 10/7/2024 Name of Organization:  Date(s) of Events: 11-7-8024 Set Up Time: 4:00 ampm Event Starts: 6,30 Finish Time: 9,30 Arena Centennial  Prowers County farm Burea Name & Address of Authorized Agent: Chris Rundel) 87895 CR3 hamar, Lo 81052  am @m) am (pm) / Home Ec Vaqueros Pavilion  Phone: Sales Tax ID: Type of Event:  719-940-1309  Awwval  Mechivg  lfapproveg by the Board of County Commissioners (the "Commissioners"), la agree to pay fees in the amount of $1,275 or to submit a request for a waiver of the fees. I understand the decision to waive any or all oft the fees are at the total discretion of the Commissioners. I have attached copies of my State ofColorado Sales Tax License and the City ofLamar Sales Tax License, if applicable. Failure to do sO will result in denial of my rental request,  unless Ia am legally exempt. The attached lease terms are part of this Agreement.  Phhll Authorized Agent  16/742084  Date  The Commissioners reserve the right to: not lease any portion or all oft thel Fairgrounds to any organization which it deems in its sole discretion, to be in direct and adverse competition to Prowers County merchants or is otherwise detrimental to Prowers County citizens. Fees may be adjusted at the discretion of the Commissioners based upon  the number of participants or unique conditions. Fees are based on daily rates.  RentalApproved: Maintenance & Facilitiés aliles Chairman  10-2-24  Director  Date Date  Prowers County Board ofCommissioners  For County Use Only:  Date Booking Fee Paid ($25.00): 10/7124 CK Damage/Cleaning Deposit #LDo aD  Date Rental Fee Paidaso9 10/7124CL-Date Paid:  1/7124 CKL1962)  Inspection completed:  Damage/Cleaning Deposit Refunded: Y/N, ifno, see attached.  Please note that any deposit refund due back to you will be provided by al Prowers County check. Checks are  issued upon approval at the Commissioners' meetings. Liability Insurance received: Yes_ No Date:  Update 08/27/2024  Fairgrounds Rental Agreement    PROWERS COUNTY FAIRGROUNDS  FACILITY RENTALI RESERVATION AGREEMENT Between Prowers County Board ofCommissioners (Commissioners), and the Authorizing Agent (User) renting 1. Determination of fees for use of the facilities shall be made by the Commissioners in accordance with the established fee schedule and agreed to by the User at the time the reservation is confirmed. Use of the Rented Premises shall not include Prowers County personnel, including, but not limited to, County Maintenance 2. Unique events may require an increase in fees/charges and/or conditions in addition to those shown. The Commissioners reserve the right to modify any of the conditions as necessary on a case-by-case basis. Holiday use of the Fairgrounds is subject to approval by the Commissioners. All County holidays are observed by County Maintenance Personnel. No Prowers County Personnel will be made availablei tot the User over County- approved Thanksgiving and Christmas holidays. Additional fees will be assessed for events scheduled on holidays. Overtime charges for County Maintenance Personnel at a rate oft two times the normal hourly rate will be charged for holiday events, in addition to regular fees and charges, with the exceptions described Use ofall facilitiess shallbes scheduledthrough the Prowers Counvy,Administrations Officeonly. a) Anon-refundablel booking fee of $25.00 per event must be paid when each event iss scheduled. b) The $25.00 booking fee is due before an individual or entity may have theirname placed on the Fairgrounds c) Ifthe event does not go forward for whatever reason, the $25.00 fee WILLNOT BE. REFUNDED. d) The remainder ofthe Rental Fee and Damage/Cleaning Deposit must be submitted to the office no less than ten(10) workingo days priort to the date seheduled,Commerial users: fees must be paidi in certified funds.)The Damage/Cleaning Deposit is required and due from all Users whether use fees are waived or not. Failure to pay fees ten (10) working days prior to the event may result in cancellation of facility use. Access to the facilities at_any time other than stated on this form is not allowed unless prior approval is received from the Commissioners. Please note that the Damage/Cleaning Deposit refund, if any, due back to the User will be provided by a Prowers County check. Checksareissued uponapprovalatt the Commissioners' meetings. 4. The scheduling of the activities shall be made in the name of one individual who must, as a condition of use, read this document and accept responsibility for adequately supervising the event; assure that the facilities are used for the purpose for which they are scheduled; reimburse the County for damage toi the property or facilities including excessive clean-up costs that may occur in connection with the event; assure payment, in full, ofall charges for space and equipment requested; and ensure that all promotion and advertising of events involving 5. The Damage/Cleaning Deposit must be paid within ten (10) days prior to the scheduled event. The Damage/Cleaning: Deposit shall be utilized by Prowers County, ifnecessary, for cleanup and repair ofdamages ofthel Renled Premises. In the event that the User performs cleanup ofthel Rented Premises ina as suitable manner and there is no damage, The Damage/Cleaning Deposit will be reviewed for return to the User at the next regularly scheduled meeting of the Commissioners. The Rented Pemigesismalboha-rce facility. is brought to the Fairgrounds. the entire deposit will be retained. The User will be personally liable  the facility, including any parking areas, ifapplicable (Rented Premises).  Personnel.  previously in this paragraph. Fees and deposits:  3.  calendar to reserve a facility at the Fairgrounds.  the use oft the facilities shall identify the individual or group sponsor oft the event.  alcohol  Ifany  for: any expense for damage and/or cleanup in excess of the required deposit.  6. Inc case of cancellation, the Rental Fee will be refunded (less the booking fee)ifnotice ofc cancellation is received ten (10) working days prior to scheduled use. Ift the event is canceled due to inclement weather, the event may  Update 08/27/2024  2  Fairgrounds Rental Agreement    ber rescheduled with no additional fees due. Ifthe event is rescheduled for any other reason without the required  notice, an additional booking fee will be charged.  7. Subleasing or charging additional fees to use thel Rented Premises will not be permitted.  8. Non-commercial Users may have one (1) day in advance for set-up, decorating, etc. between the hours of8:00 am and 4:00 pm, provided that there is nothing previously booked on that date. Ifadditional days are required for set-up, an additional fee of $100 will be charged for each additional day. Commercial Users: Ifs special set- 9. Liability insurance is required for all commercial events. Certain "at risk" activities, i.e. rodeos, tractor pulls, carnivals, circuses, etc. are required to provide liability insurance. An insurance certificate showing Prowers County as an additional insured must be provided to the County no later than ten (10) business days prior to 10. Under Coloradol Law, an equine professional is not liable for any injury to ort the death ofay participant in equine activities resulting in the inherent risks of equine activities, pursuant to Section 13-21-119, Colorado Revised 11. The User acknowledges that the User's rental of Prowers County's property is not subject to the direct supervision and control of] Prowers County personnel. Accordingly, and in express consideration for the within Agreement, User hereby agrees to indemnify, and hold harmless, Prowers County, its officers, agents, and employees from and against any and all claims for liability asserted for personal injury, or property damage to any and all persons or entities whatsoever, and arising out ofthel User's rental of Prowers County's property as hereinabove set forth. This indemnification expressly extends to any and all damage awards, and shall further cover all costs of defense, which shall be conducted in Prowers County's sole discretion, including attorney's 12. The Agreement shall be and become binding upon, and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and designs. Any action necessary to construe, interpret, or enforce the provision of the Agreement shall be brought and maintained in the District Court in and for Prowers County, Colorado, with the substantially prevailing party therein being entitled, as a matter of contract law an: agreement tor recover its costs and expenses therein incurred, including reasonable attorneys' and expert witness fees. 13. Falsified ori misleading information on this form may be cause: for cancellation ofthis Agreement and forfeiture ofthel Damage/Cleaning Deposit and/or Rental Fees paid and may result in loss of future usage oft the Rented 14. The User shall be required to call for an on-site facility orientation with the Fairgrounds caretaker no later than five (5) working days prior toi the event. The User will be familiarized with information pertaining to use ofthe facility, obtain keys, and will have the opportunity to ask questions of the Fairgrounds caretaker. The Fairgrounds Caretaker can be reached by calling 719-931-0034 and is available to schedule an orientation Monday - Friday 9:00 am to Noon and 1:00pm to 3:00pm. Regularly scheduled monthly meeting organizers are not required to complete an orientation, however, are expected to cooperate with the expectations for use outlined in this Agreement. The User understands that Prowers County does not employ 7 day per week, 24 hour per day Fairgrounds Personnel. The Fairgrounds Caretaker hours are scheduled from 8:00 am to 5:00 pm, Monday -Friday. The Fairgrounds Caretaker schedule may change to correlate with an event; however, changes must be pre-approved and are at the discretion of the Prowers County Maintenance Supervisor. 15, Every effort has been made to provide that the Rented Premises is adequately maintained and appropriately prepared for normal use. Iti is further understoodi that the building and grounds systems can, and do, fail at times. Failures may include, but are not limited to: electrical outlet power losses and blown breakers due to abnormal use and overloaded circuits, public announcing or loudspeaker malfunctions, lighting failures, water supply problems, and restroom malfunctions, etc. There are no guarantees against such failures either implied or stipulated in this Agreement. Prowers County Personnel will only be made available during off hours in the  up/tear-down is required, standard facility use days will be charged on a % day basis.  the scheduled event.  Statutes.  and expert witness fees,  Premises.  Update 08/27/2024  3  Fairgrounds Rental Agreement    event of an emergency pertaining to life safety or unsanitary conditions. All other unexpected occurrences 16. The User understands that costs incurred by Prowers County due to responding to non-emergency calls for service, facility or grounds clean-up, and sub-contractor repairs for damages to equipment or facilities will be billed to the user: at a rate of2 times the actual costs. It is the User's responsibility to minimize non-emergency 17. The User agrees that it is their responsibility to provide, and be responsible for, the equipment or supplies necessary to circumvent potential failures in the buildings, restrooms, or arena including, but not limited to: portable generators, portable toilets, portable amplifier or loudspeaker. systems, water, and/or water trucks for wetting a dusty arena floor, toilet paper and hand towel paper supplies, first aid supplies, etc. 18. The User is specifically responsible to ensure adherence to these written and any posted policies and to: a) Provide written documentation specifying any concerns, system failures, or break-downs and deliver that documentation to the Fairgrounds Caretaker. Please do not manipulate circuit breakers. b) Pick-up trash and debris accumulated during the event including parking areas and deposit the trash int the Re-stock indoor and outdoor men's and women'sr restrooms with toilet paper and paper hand towels as needed throughout the event. The Fairgrounds Caretaker will make these items available to users. d) Pick-up trash in, and around, thei indoor and outdoor restrooms, the kitchen, and concession stands and leave fixtures, appliances, and counter surfaces clean. Sweep and mop, or vacuum indoor floor surfaces. e) Make appropriate arrangements for providing the necessary crowd control, public safety, and building g) Provide event security and present evidence ofsaid security upon request by the Commissioners  should be documented and will be addressed on the next regular workday.  calls for service.  55-gallon trash drums provided, or ifi full, into available dumpsters.  security for the event.  Ensure that scheduled dance events end at 12:00 Midnight; no exceptions.  19. Prowers County assumes no responsibility for lost or stolen items.  20. Alcohol is not allowed on the Fairgrounds at any time. The county has a zero-tolerance policy regarding alcohol. Any violation ofthis policy will result in immediate revocation of access to the Fairgrounds, a permanent ban going forward, and County retention ofthe entire damage deposit. Local law enforcement  has been authorized to remove parties in violation ofthis policy.  21. Building or grounds emergency call: 931-0034 or 931-9335. Medical or safety emergency call: 911.  Ihave read, understand, and agree to the terms and conditions outlined in this agreement.  Date: 10/7/208 Organization:  Prowers Couwty Farm Burez ht  Authorizing Agent Printed name: Authorizing Agent Signature: For Rodeo Events:  Authorized Tractor/Equpment Operator Printed Name:_  Update 08/27/2024  Fairgrounds Rental Agreement    PROWERS COUNIYFAIGROUNDS  FEE SCHEDULE  Residentor Non-Resident Local For or Non-Local Profit $300 $300 $250 $225  #of days/head oflivestock  Facilities Requested Arcna Rent Daily Pavilion Rent Daily Home Economics' Bldg. Rent Daily Vaqueros Bldg. Rent Daily Use of Parking Lots Arena Lot /Grounds Daily Daily I Pavilion Boarding Rodeo Events. Minimum Fee Daily R.V.or Camper Parking Onel Electric Pedestal and One Water Connection per Rented Space only Daily Dry Camping and Horse Penning atl Designated Southwest Parking Lot ONLY Daily Elmer's Garden Daily Cleaning/Damage Deposit (Due 10 days prior to event)  Not For Profit $150 $150 $250 $225  Total  For Profit $970 $970 $500 $425 $210 $I0/head $40 $50  MasodE2  Overnight Boarding( (Arena Pens) $5/Head  $5/Head $20 $30  $20 $30  $10 $0.00 $1000  $10 $0.00 $1000  $20 $0.00 $1000  oD VA1.cco cel  * Rental Fees for the Pavilion for Not for Profit will not be charged since the Event Organizer is responsible for  collecting the fee. The fee is still subject to 50/50 split, at the Commissioners' discretion  TOTAL Update 08/27/2024  (DUE 10 DAYS PRIORTO USE) SAS SRSO  s100o Damage Dpsit  SLa759 Agreement  Rent 5  Fairgrounds Rental  CER  PRy    1. Fees are based upon a per calendar day rate. Events which extend beyond midnight of the scheduled day 3. A commercial event is defined as an activity where fees are charged to entrants and the sponsoring entity retains some or all oft thej proceeds from the activity or where goods or services are offered for sale or lease tot the general public. The Commissioners reserve thei right to determine ifan eventi isa commercial activity. 4. Commercial vendors will pay a fee in addition to the fees listed on the attached fee schedule int the amount of1%ofgross sales, based upon the vendor's projections. The amount oft the projected sales will be verified 5. RVor Camper Parking is only allowed fora total AOMiONSN time period, unless a. RVor Camper Parking in conjunction with al Registered Eventmust follow the policies set forthin  may be subject to a fee for an additional day.  2. The Commissioners reserve the right to request verification of not-for-profit status.  by comparison oft the projection to Sales Tax as reported to the State.  inc conjunction with a Registered Event.  8a. below.  b. For RV or Camper Parking NOTin conjunction with a Registered Event:  Electrical and water hook-up fees are to be paid and collected at the Prowers County Administration Office at 301 S Main Street, Suite 215, Lamar, CO81052 or by calling (719)336-8025 during normal business hours OR at the Fairgrounds Drop Box. ii. Each individual RV hook-up is provided for use exclusively by only one reserved RV. iii. No horses or livestock shall be penned near-oraround RV hook-up areas. Paid RV users iv. No RV, Trailer, Camper or Horse Trailerelectricall hook-ups are allowed atany electrical V. Theindividual or organization. on record att the Prowers County Administration Office will be responsible to pay for any damage incurred due to unauthorized electrical or water  There is no sharing of electrical orwater.ook-ups. must pen horses in covered stalls. outlet located on the Pavilion Structure.  connections.  6. Itis the responsibility of the Event Organizer to make arrangements to meet on-site with the Fairgrounds Caretaker no later than four (4) days prior toi the event to receive building keys and facility use instructions. a. Covered and uncovered stall fees aret tol be reserved, collected, refunded for cleaning, and accounted  7. REGISTERED EVENTS ONLY:  for by the Event Organizer with the understanding that  ifcovered stalls are cleaned by the Event Organizer after use, the amount collected is split  50%/50% between the Event Organization and Prowers County.  8. REGISTERED EVENTSONLY:  a. RV. Electrical and water hook-up fees are to be reserved, collected, and accounted for by the Event  Organizer with the understanding that:  Each individual RV hook-up is provided for use exclusively by only one reserved RV. ii. No horses or livestock shall be penned near or around RV hook-up areas. Paid RV users iii. No RV, Trailer, Camper or Horse Trailer electrical hook-ups are allowed at any electrical outlet located on thel Pavilion Structure. The Event Organization will be responsible to pay  There is no sharing of electrical or water hook-ups. must pen horses in covered stalls.  for any damage incurred due to unauthorized electrical connections.  Update 08/27/2024  Fairgrounds Rental Agreement    PROWERS COUNIPYFAIRCROINDS REGISTERED RODEO EVENTS  FAIRGROUNDS USE:  The Prowers County Fairgrounds is available for registered rodeo events in-season from April through October. Conditions for use of the facilities for all events including registered rodeo events are specifically detailed in the 1. Prowers County Fairgrounds Facility Rental Reservation Agreement, 3 pages. Revised October 20, 2011. 2. Prowers County Fairgrounds Facility Rental Agreement, 1 page. Revised October 20, 2011. 4. All event organizers who may be interested in reserving the Prowers County Fairgrounds for a registered rodeo event are encouraged to read very carefully all ofther rental information provided by Prowers County  following information:  3. Fairgrounds Fee Schedule, 2 pages. Revised October 18, 2011.  before scheduling any rodeo event.  REGISTERED RODEO. EVENTS:  Scheduled registered rodeo events are to be conducted in cooperation with the established fees and agreements for use oft the Prowers County Fairgrounds. Event organizers are encouraged to include this information in all event literature distributed to potential rodeo participants in an effort to lessen costly misunderstandings during the event.  Unless otherwise specified, the following are applicable to registered rodeo events:  1. The fairgrounds rodeo arena is watered regularly using a water reel. Use of the water reel by event organizers is prohibited. The rodeo arena may be watered onçe daily during a registered rodeo event at the event organizers request only ifs scheduled and coordinated with the Fairgrounds Caretaker. 2. The fairgrounds rodeo arena is worked prior to the rodeo event by the Fairgrounds Caretaker using Prowers County equipment. Working the arena during the event is the responsibility oft the event coordinator. The county tractor and attached arena king finisher are available for use by the event coordinator, or specified driver, for the duration of the event. A key to thet tractor is provided only after the specified driver has met 3. Concession stand use is by reservation only. Call the Prowers County Extension service (719-336-7734)to 4. The event organizer is responsible to reserve and collect fees for covered stalls located in the Prowers County Pavilion. The stalls are located in the Prowers County Sale Barn and set-up by Prowers County a. Scheduling with the Fairgrounds Caretaker for setting up horse stalls in thel Pavilion. b. Scheduling with thel Fairgrounds Caretaker for cleaning the stalls after the event.  on-site with the Fairgrounds Caretaker for operating instructions.  reserve.  Staffbefore the event.  5. The event organizer is responsible for ensuring the following:  6. The event organizer is responsible for reserving and collecting all fees associated with R.V. hook-ups, dry  camping, and horse stall fees.  The event organizer is responsible for ensuring the following:  1. No horses shall bet tied or penned at, or ncar, any R.V. clcctrical or watcr hook-up located at the arena parking area and arena parking area fencing, or at the R.V. hook-ups located north of the Prowers 2. No R.V.c campers, horse trailers, or other similar vehicles shall not be allowed to park near, and/or plug any electrical cord into the electrical outlets located in the Prowers County Pavilion. 3. Nol horses shall bet tied to, or penned near, any permanent fence or any tree located anywhere on Prowers  County Pavilion.  County Fairgrounds property.  Update 08/27/2024  7  Fairgrounds Rental Agreement    4. All dry camping and horse penning shall be located in the southwest dirt parking area only. Under no circumstances shall dry camping and penning be located on roto-mill, asphalt, or grass areas elsewhere on the Prowers County Fairgrounds property. The Event Organizer is responsible for the cost of clean- 5. All R.V. hook-ups (pedestal) provided for use during registered rodeo events are for one (1) R.V. camper only. Under no circumstances shall more than one R.V. camper plug into a reserved pedestal. 6. All horses and livestock are prohibited from access to paved pedestrian and driveways, grassy areas, treed areas, and covered buildings with the exception oft the Prowers County Pavilion.  up ifhorses are penned or tied in areas outside dry camp areas.  Update 08/27/2024  Fairgrounds Rental Agreement    USE OF THE PROWERS COUNTY FAIRGROUNDS R.V.  ELECTRIC PEDESTALS  In an on-going effort to mitigate potential damage, and to maintain safe, reliable electrical pedestals it is the  responsibility oft the Event Organizer to remind each camper utilizing the pedestals that:  Each electrical pedestal is wired for 50 amp., 30 amp., or 20 amp. uses and should not be overloaded with Each electrical pedestal isi intended to be used by a single user. One camper one pedestal. Choose one. 50, 30, or 20-amp outlet that best meets the required load for each R.V. or Camp Trailer. Each electrical pedestal is complete and ready for use. Under no circumstances shall the face plate cover be removed and/or the electrical outlets, wiring, or related pedestal components be manipulated. Use only safe and well-maintained electrical cords and plugs designed to carry the specified load. Under noo circumstances shall exposed cord wires be direct wired into any electrical pedestal or pedestal outlet. Do not secure livestock or pets to the electrical pedestals or water hydrants located in designated R.V. The electrical pedestal located north of the Crow's Nest is intended for auxiliary use only and is not Report any damaged pedestals to the event coordinator, or fairgrounds staff as soon as the damage is discovered. Damage to pedestals will be charged to the event organizer at a rate double the cost for repair  multiple or piggyback cords and appliances.  campsites or throughout the fairgrounds. available for campers. orr replacement.  Under no circumstances shall RV Pedestals be used by vendors.  Campers are encouraged to use the electrical pedestals safely and responsibly. The pedestals are checked daily and potential safety hazards are reported to event coordinators fori immediate corrective actions. Recommendations may include re-locating campers who share pedestals, removing and replacing hazardous cords, rescinding use of an  electrical pedestal, or requiring compensation for repairing damaged pedestals.  Update 08/27/2024  Fairgrounds Rental Agreement    HOME EC. BUILDING CHECKLIST  Do not tape or hang decorations from the ceiling grid or ceiling tile. Dor not tape or staple decorations toi tables, chairs, walls, windows, or doors Please place all chairs and tables back as they were before leaving. Cleaning supplies are ini the custodial supply closet located int the men's room.  Clean and put away anyi items that you used.  Please clean and dry all counter tops, sinks, and appliances in restrooms.  Sweep and' Vacuum the floors. Wipe down allt the tables. south door oft the building. Turn the meeting room lights off. (689 int the winter or 759 in the summer)  Pickup all trash in restrooms, kitchen, and meeting room and place in the dumpsters located outside the  Please return thermostat: settings back to the original temperature.  Close and lock all windows and doors. Place the building keysi int the drop! box located neart the south door.  Please leave the building in the condition youi found it.  Please call (719)931-0034 to reach the caretaker.  KITCHEN CHECKLIST  Please plan for enough time to clean-up after use. Iti isy yourr responsibility to clean the Kitchen after usingi it.  Wash all dishes and utensils and place back in the proper location.  Wipe off all counter tops.  Clean all ofi the appliances you usei including the stove, microwave, coffee machine, and refrigerator.  Cleana and dry the sinks and faucets. Clean up all spills ont floors and counter tops.  Sweep and mopi floors.  Leftover food will be disposed of, be sure to take leftovers with you.  Update 08/27/2024  10  Fairgrounds Rental Agreement    VAQUEROS BUILDING CHECKLIST  Do not tape or hang decorations fromi the ceiling grid or ceiling tile. Do not tape or staple decorations to tables, chairs, walls, windows, or doors Please place all chairs and tables back as they were before leaving. Cleaning supplies are in the custodial supply closet located in the men's room.  Clean and put away any items that you used.  Please clean and dry all counter tops, sinks, and appliances in restrooms.  Sweep and Vacuum thet floors. Wipe down all thei tables. south door of the building. Turn the meeting room lights off. (689 in the winter or 759 in the summer)  Pickup all trash in restrooms, kitchen, and meeting room and place in the dumpsters located outside the  Please return thermostat: settings back to the original temperature.  Close and locka all windows and doors. Place the building keys ini the drop boxl located neart the south door.  Please leave the building int the condition youi foundi it.  Please call (719) 931-0034 to reach the caretaker.  KITCHEN CHECKLIST  Please plan for enough time to clean-up after use. It is your responsibility to clean the Kitchen after usingi it.  Wash all dishes and utensils and place back int the proper location.  Wipe off all counter tops.  Clean all of the appliances you use including the stove, microwave, coffee machine, and refrigerator.  Clean and dryt the sinks and faucets. Clean up all spills on floors and counter tops.  Sweep and mopi floors.  Leftover food will be disposed of, be sure to take leftovers with you.  Update 08/27/2024  11  Fairgrounds Rental Agreement    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10-15-2024 Submitter: Administration Office  Submitted to the County Administration Office on: Email Poll 10-9-24  Return Originals to: Administration & Jana Coen Number of originals to return to Submitter: 1  Contract Due Date:  Item Itle/Recommended Board Action:  Consider ratifying 10-9-2024 email poll approval for payment presented for County Road and Bridge Department in the amount of $59,981.00 with a certification date of October 9, 2024 and authorizing the use of the Commissioner's signature stamps.  Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: $ Federal: $ State: Other:  $_ $    PROWERS COUNTY TREASURER CERTIFICATION  COUNTYGENERALE FUND-01. 73220-73336  0010 $ Payroll $ Fringes_ $ 0018 Payroll $ Fringes_ 0020 $ 59,981.00 $ Payroll $ Fringes_ $ 0552 $ 0675. $ Payroll $ 0900 $ 0130 0100  October 9, 2024  Total $  ARPA:02..  Total $  ROADEBRIDGE! FUND-02  Total $ Total_s Total $ Totals Total_s Totals Total_s  59,981.00  FSA/Caletera,552. SherifBpoMngFoe.  SALES & USEIAXFUND-03. CONSERVATION: TRUSTFUND_-06. CAPITAL! FUND-07. OTHER AGENCIES FUND-08. LODGING.TAX-09.  0014 $ Payroll $ Fringes_ $ 0676 $ $ Payroll $ Fringes $ 0016 $ Payroll $ Fringess 0017 Payroll $ Fringes $  Total_'s  PUBLIC HEALTH! AGENCY:11  Totals Total $  CRMC  OPC  Total_s GRAND TOTALS  Gonzates,Fimancel Director  59,981.00    PROWERS COUNTY APPROVE TO PAY  APPROVE PAYMENTS AS HEREIN SET FORTH. CHECK NUMBERS AS LISTED BELOW ARE ALL INCLUSIVE, ARE SET OPPOSITE THEIR NAMES, AND TOTALING THE SUM OF: $59,981.00  DRAWN ON COUNTY GENERAL FUNDS.  DATED. ASOF: October 9, 2024  #  A/P $ $ $ $ $ $ $ $ $ $ $ $ $  PAYROLL  FRINGES  COUNTY GENERAL FUND ARPAI FUND FSA ACCOUNT BOOKING FEES ACCOUNT PUBLIC HEALTH. AGENCY ROAD & BRIDGE FUND SALES & USE TAXF FUND CONSERVATION TRUST FUND CAPITAL FUND OTHER AGENCIES FUND LODGING TAXFUND CRMC FUND OPC FUND  59,981.00  Totals  59,981.00  DATE: October 9, 2024 DATE: October 9, 2024 DATE: October 9, 2024 DATE: October 9, 2024  AA BOCC CHARMAN rhwwck CAMMISSIENER CSLPAONER CLERK TO THE BOARD  Total Paid Approve To Pay AP + Fringes Total Pd Certification- Payroll Total Payroll + Fringes  $ $ $ $  59,981.00 59,981.00 59,981.00  STATE OF COLORADO) COUNTY PF PROWERS) Prowers AAhL  Ending Check No. Beginning Check No. Total Number of Checks:  73337 73337 1 1  jss:  County Treasurer's Office        PROWERS COUNTY AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10/15/2024 Submitter: Paula Gonzales  Submitted to the County Administration Office on: Return Originals to: Paula Gonzales Number of originals to return to Submitter:  10/10/2024  1  Contract Due Date:  Item Title/Recommended Board Action: General Fund in the amount of$1,000,000.00 Justification or Background: Sales Tax Transfer County: $  Consider approval ofa Resolution to Transfer 2024 Revenue between Sales Tax Fund to County  Fiscal Impact: This item is budgeted in the following account code:  Federal: $  State: $  Other: $  Approved by the County Attorney on: Additional Approvals (ifrequired):    RESOLUTION TO TRANSFER REVENUE BETWEEN FUNDS  Resolution No. 2024-  Ar resolution transferring sums of money to the various funds and spending  agencies for Prowers County, Colorado, for the 2024 budget year.  WHEREAS, the Board of County Commissioners has adopted the annual budget ina accordance with the Local Government Budget Law, on December 28, 2023, and;  WHEREAS, the Board of County Commissioners has made provision for revenues  in the various funds, and;  WHEREAS, it is sometimes necessary to transfer revenues from one fund to  another, and;  NOW, THEREFORE, LETI IT BE RESOLVED by the Board of County Commissioners  of Prowers County, Colorado:  That the following sums are hereby transferred from the revenue of each fund,  to each fund:  Debit $1,000,000  Credit  Sales Tax Fund ACCT #0900 General Fund ACCT #0010  $1,000,000  ADOPTED this 15th day of October 2024  Ron Cook, Chairman  ATTEST:  Thomas Grasmick, Vice-Chairman  County Clerk  Roger Stagner, Commissioner    Tabled  Action  Item  10/8/2024    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 10-8-2024 Submitter: Administration Office  Submitted to the County Administration Office on: 10-3-2024 Return Originals to: Jana Coen & Administration Office Number of originals to return to Submitter: 1  Contract Due Date:  Item ntle/Recommended Board Action:  Consider approval of Destination Management Services Agreement for Prowers County and Global Vista Technologies, Inc dba Vista Works and DestinationiQ,  with a paid amount of $2,500 per month for services.  Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: $ Federal: $_ State: Other:  $ $_ -  Approved by the County Attorney on: 10/01/2024  Additional Approvals (if required):    Destination Management Services Agreement  This Agreement is made between Board of County Commissioners for Prowers County ("Client"), with aj principal place of business at 301 South Main Street, Suite 215, Lamar, CO81052, and Global Vista Technologies, Inc. ("Consultant"), with aj principal place of  business atl PO Box 4629, Unit C, Buena Vista, CO81211.  1. Doing Business As  The Consultant is" "doingbusinessas" (DBA), "VistaWorks" and DestinationiQ". Clients may receive correspondence from Consultant using any of these legal names.  2. Services to bel Performed  The Consultant is being hired as the Agency of Record for Client. As part of this Agreement, Consultant will perform any service as optionally detailedi in Exhibit A, which  may be attached to this Agreement.  Optionally, additional recommended services may be attached in Exhibit B.  3. Payments  Consultant shall be paid $2,500 per month.  Beginning on January 15t of the year following the start of this Agreement, Consultant's minimum cost for services may increase, subject to annual appropriation. This increase may be up to ten (10) percent each year for the duration ofthis agreement effective. January Consultant must inform Client of any rate increases 60 days prior to the effective date of Client must inform Consultant of an intent to negotiate 30 days prior to the effective date IfClicnt budgct changcs, or dcsircd scopc ofs scrviccs changes, or Consultant costs change, this agreement may be negotiated by both parties and may be modified in writing to accommodate those changes. Itis anticipated that changes to this agreement will ber made once per year. Such changes may include increases or decreases to scope of duties, and/or  ofeach year. the increase. ofthei increase.  Pagel    increases or decreases to yearly budget, orinereases.decreases to Consultant cost.  4. Invoices  Consultant shall submit invoices for all services to be delivered in the coming month. Client shall pay the amount due within 30 days of the date of each invoice.  5. Expenses this Agreement.  Consultant shall be responsible for all expenses incurred while performing services under Consultant may request reimbursement for all reasonable travel and business-related expenses necessarily incurred by Consultant while away from Consultant's regular place ofbusiness to perform,services under this Agreement. Only expenses that are approved by Client in advance of these services may be requested by Consultant and confirmation of. these expenses shall be in writing. Consultant shall submit an itemized statement of such expenses. Client shall pay Consultant within 30 days from the date of each statement.  6. Materials  Consultant will fumish all materials, equipment and supplies used to provide the services  required by this. Agreement. 7. Term of Agreement  Effective date of this Agreement shall be 1/1/2025, renewable automatically on a calendar year basis beginning be 1/1/2026, and thereafter on ayear-to-year basis, subject to annual Client shall perform an annual review of Consultant's performance no later than 60 days prior to automatic renewal. IfClient is not satisfied with Comsulan'sperfomance, Client shall provide written notice of nonrenewal and termination of this Agreement no less than 60 days prior tos automatici crenewal. A2-monthofFboaing fee, at the amounti inj paragraph  appropriation.  "Payments", will apply to all termination requests. 8. Terminating the Agreement  Either party may terminate this Agreement upon 60 days' written notice.  PageZ    9. Releases  Client shall obtain all necessary copyright permissions and privacy releases for materials Consultant may bei required to use: releases. Consultant shall provide said release in writing  included in any materials produced by Consultant at Client's request. ori in electronic correspondence for Client to review and sign. 10. Copyright Notice and Credit Attribution  A copyright notice and credit attribution in Consultant's name may accompany any produced materials, however, Client shall retain all ownership and intellectual property  rights subject to paragraph "Intellectual Property Ownership".  11. Intellectual Property Ownership  Client shall retain ownership and intellectual property rights in anything created or developed by Consultant for Client under this Agreement. This ownership is conditional upon full payment oft the compensation due Consultant under this Agreement.  12. Independent Contractor Status  Consultant is an independent contractor, and neither Consultant nor Consultant's staff or subcontracts are, or shall be deemed, Client's employees. Ini its capacity as an independent contractor, Consultant agrees and represents, and Client agrees, as follows: Consultant has the right to perform services for others during the term of this Agreement subject to noncompetition provisions set outi in this Agreement, ifa any. Consultant has the sole right to control and direct the means, manner, andi method by which the services required by this Agreement will bej performed. Consultant has the right toj perform the services required by this Agreement at any place or location and at such times as Consultant may determine. Consultant will fumish all equipment and materials used to provide the services required by this Agreement, except to the extent that Consultant's work must be performed on or The services required by this Agreement shall be performed by Consultant, or Consultant's  with Client's materials.  Page3    staff or subcontractors, and Client shall not be required to hire, supervise, or pay any Consultant is responsible for paying all ordinary and necessary expenses of its staff or Neither Consultant nor Consultant's staff or subcontracts shall receive any training from Client in the professional skills necessary to perform the services required by this Neither Consultant nor Consultant's staff or subcontractors shall be required to devote full Client shall not provide insurance coverage of any kind for Consultant or Consultant's staff Client shall not withhold from Consultant's compensation any amount that would normally  assistants to help Consultant.  subcontractors.  Agreement.  time to the performance oft the services required by this Agreement.  or subcontractors.  be withheld from an employee'spay. 13. Local, State, and Federal Taxes  Consultant shall pay all applicable income taxes and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. Client will not:  withhold FICA from Consultant's payments or make FICA payments on make state or federal unemployment compensation contributions on Consultant's withhold state or federal income tax from Consultant's payments.  Consultant's behalf. behalf, or  14. Moral Rights Waiver for Works of Art  Consultant waives any and all moral rights or any similar rights in the work created or developed by Consultant under this Agreement ("Work Product") and agrees not to institute, support, maintain, or permit any action or lawsuit on the grounds that Client's use  ofthe Work Product:  constitutes an infringement of any moral right or any similar right isi in any way a defamation or mutilation oft the Work Product, or  Page 4    damages Consultant ' reputation  15. Consultant's Materials  Consultant may own or hold al license to use and sublicense various materials in existence before the start date of this Agreement ("Consultant's Materials"). Consultant may, at its option, include Consultant's Materialsi in the work performed under this Agreement. Consultant retains all right, title, and interest, including all copyright, patent rights, and trade secret rights, in Consultant's Materials. Subject toi full payment oft the fees due under this Agreement, Consultant grants Client a nonexclusive worldwide license to use The license shall have a perpetual term and may not be transferred by Client. License is contingent upon full payment oft the compensation due Consultant under this Agreement. Client shall make no other commercial use of Consultant's Materials without Consultant's  ConsultantsMatenals; unless otherwise stated in writing.  written consent. 16. Confidentiality  During the term oft this Agreement and for1 1 year afterward, Consultant will use reasonable care to prevent the unauthorized use or dissemination of Client's confidential information. Reasonable care means at least the same degree of care Consultant uses to protect its own Confidential information is limited to information clearly marked as confidential or disclosed orally and summarized and identified as confidential in a writing delivered to  confidential information from unauthorized disclosure.  Consultant within 15 days of disclosure.  Confidential information does not include information that: the Consultant knew before Client disclosedit  isor becomes public knowledge through no fault of Consultant  Consultant obtains from sources other than Client who owe no duty of  confidentiality to Client, or Consultant independently develops.  17. Warranties  THE GOODS OR SERVICES FURNISHED UNDER THIS AGREEMENT ARE  Page5    PROVIDED AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS (UNLESS NOTED IN ANY ATTACHED EXHIBITS); INCLUDING, WITHOUT LIMITATION, ANY' IMPLIED WARRANTIES OF MERCHANTABILITY ORI FITNESS FOR Al PARTICULAR PURPOSE. 18. Limitation on a Party'sLiabilityi to the other Party  In no event shall Consultant be liable to Client for lost revenue of Client or special, incidental, or consequental damages(eveni ifConsultanthasl been advised loft thep possibility Either Party's total liability under this Agreement for damages, costs, and expenses, regardless of cause, shall not exceed $1000. For purposes of this paragraph, costs and expenses shall not include attorey fees or court costs nor include money owed as part of Client agrees that it will indemnify and hold the Consultant harmless from and against any and all claims for injuries, damages, or losses arising out of or directly related to the Client's use, application, implementation, or operation of any services or benefits provided to the Client by the Consultant. Said indemnification shalli include, but not be limited to, any and all damages arising out of any such claims along with costs and expenses associated with the defense of such claims, including, but not limited to, reasonable  ofsuch damages).  the compensation due Consultant under this Agreement  attomey fees. 19. Contract Changes Client and Consultant recognize that:  Consultant's original cost and time estimates may be too low due to unforeseen events, or to factors unknown to Consultant when this Agreement was made, or Client may deslivamidpostéhamgeint Consultant's services that would add time and cost to the project and possibly inconvenience Consultant, or Other provisions ofthis Agreement may be difficult to carry out due to unforeseen If any unintended changes or any other events beyond the parties' control require adjustments to this Agreement, the parties shall make a good faith effort to agree on all necessary particulars. Such agreements shall be put in writing, signed by the parties, and  circumstanccs.  Page6    added to this Agreement. 20. Resolving Disputes  Ifa dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. If the dispute is not resolved within 30 days after it is referred to the mediator, any party may take the  matter to court. 21. Exclusive Agreement  This is the entire Agreement between Consultant and Client.  22. ApplicableLaw  This Agreement will be governed by the laws of the State of Colorado.  23. Notices  Allnotices and other communications in connection with this Agreement shall bei in writing  and shall be considered given as follows:  when delivered personally to the recipient's address as stated on this Agreement. three days after being deposited in the United States mail, with postage prepaid to when sent by fax or electronic mail, such notice is effective upon receipt.  the recipient's address as stated on this Agreement, or  24. No Partnership  This Agreement does not create aj partnership relationship. Neither party has authority to  enter into contracts on the other's behalf. 25. Assignment and Delegation  Either Consultant or Client may assigni rights or may delegate duties under this Agreement.  26. Signatures Client: By:  Signature  Page7    Typed or Printed! Name: Title: Date:  APPROVED ASTOFORM:  (optional attomey or authorized representative)  Signature  Consultant: Global Visalechmolopes,inc. (dba DestinationiQ, dba VistaWorks)  By:  - 22  Signature  brdau  Typed or Printed Name: Boyan Title: Presidewt  Taxpayer IDI Number: 43-2015152  Date: lo//2024  Page 8    DestinationiQ  EXHIBIT A  This document represents a list of services that might be performed as part of your  monthly retainer. Included Tasks:  Destination Management, Consulting and Administration Minimum of one annual Client meeting (in-person)  Monthly Client Meetings (virtual) Ad buys with no-up-charge Reporting and Evaluation Budget Review and Planning Strategic and Marketing planning Maintain industry relations Partnership development Evalugte media needs development  Advocacy and Community Engagement research and presentation  AdditionaiDestindtion/ManagementServices  Paid Ads Management  Ads on Facebook, Instagram, Google Grant Writing, administration, reporting  Calendar of Events  Work with business, events, and local entities to publish event information Publish event information on regional and statewide calendars  on destination website  Creative and Graphic Design    Destinationi  Digital or Print Ads Newsletters  Posters, flyers, brochures, etc.  Copywriting  Content Creation Articles Newsletters Pitches Press Releases Website Development Minor updates  PR