PROWERS COUNTY, COLORADO BOARD OF COMMISSIONERS DECEMBER 17, 2024 COMMISSIONERS BOARD ROOM, 2nd FLOOR OF COURTHOUSE 301 S. MAIN STREET, LAMAR, CO 81052 8:00 a.m. 8:30 a.m. Board of Human Services, Lanie Meyers-Mireles Board of Health, Meagan Hillman WORK SESSION 9:00a.m. Judy' Wittman, Prowers County Treasurer Updates MEETING AGENDA 1:00 p.m. Invocation Pledge of Allegiance Call Meeting to Order Roll Call CONSENT AGENDA ACTION ITEMS: 1. Consider Approval of Adoption of Agenda 2. Consider Approval of Payment of Bills Presented and of Voiding Checks, ifany, for all County Funds and DHS Funds, which include WHC and H3C Funds 3. Consider Approval of December 10, 2024 Meeting Minutes 1 PUBLICAPPEARANCES Anyone wishing to address the BOCC may do sO at the discretion of the Board and subject to at three-minute limitation. PRESENTATION Jana Coen, Prowers County Clerk Re: Present Certificate of Appreciation for Years of Service UPDATES Don Wilson, Interim County Administrator County Administrator update County Attorney update Rose Pugliese, Esq. ACTIONITEMS: 1. Consider approval of Resolution to Transfer Revenue between funds from Sales Tax Fund to Road and Bridge Fund for 2024 Aviation Fuel Tax Funds in the amount of 2. Consider approval of Independent Contractor Agreement between the Board of County Commissioners of Prowers County and Scranton Specht and Associates, P.C. for Legal Services related to matters involving Prowers County's 1041 Regulations fora 3. Consider approval of Fairgrounds Facility Rental Agreement and waiver of fees for 4. Consider ratifying 12-3-2024 approval for Contract Amendment No. 4, 25 IBEH 195172 in the amount of $745,000.00 to original Contract No. 23 IBEH 174474 for Prowers County Sheriff's Department and authorizing Prowers County Sheriff, Sam Zordel who 5. Consider approval of the Independent Contractor Agreement between the Prowers County Department of Human Services and David Anderson for Child Welfare, Adult Protection and. Juvenile Delinquency Legal Representation and authorizing BOCC Chairman Ron Cook and Director of Human Services, Lanie Meyers Mireles to execute $3,975.00. term of January 1, 2025 through December 31, 2025. Abby' Weber, event scheduled for May 18, 2025. executed the Amendment electronically on 12-3-2024. the Contract. 2 6. Consider approval oft the Independent Contractor Agreement between the Prowers County Department of Human Services and David Anderson for Child Support Legal Representation and authorizing BOCC Chairman Ron Cook and Director of Human 7. Consider approval of Memorandums of Understanding to facilitate the Prowers County Hotline County Connection Center with answer and processing of Child Welfare and Adult Protection Services related Hotline calls and performing tasks outlined in the MOU's effective January 1, 2025 and ending December 31, 2025 with the following counties: Moffat, Jackson, and Eagle counties and authorizing Director 8. Consider approval of 2025 Independent Contractor Agreement for Chief Financial Officer services between Lisa Neuhold-Farmer and Prowers County Department of 9. Consider approval of the Memorandum of Understanding #2 Between The Colorado Department of Early Childhood and Prowers County Department of Human Services effective. January 1, 2025 and authorizing Director of Human Services, Lanie 10. Consideration approval of Master Service Agreement between Prowers County and 11. Consider approval of revised 2025 BOCC Meeting Date Schedule with the following change: Commissioner Meeting date for November 11, 2025 changing to Wednesday, 12. Consider approval of Resolution to Transfer Revenue from General Fund to Public 13. Consider approval of Resolution to Transfer Revenue from Sales Tax Fund to Capital Services, Lanie Meyers Mireles to execute the Contract. of Human Services, Lanie Meyers Mireles to execute the MOU's. Human Services. Meyers-Mireles, to execute the MOU electronically. Eagle View Technologies. November 12, 2025. Health Fund ini the amount of $41,963. Fund ini the amount of $390,000.00. PREVIOUSLY TABLEDA ACTIONITEMS: 1. Consider approval for Adoption of a County Retention Policy. 3 EXECUTIVE SESSION Executive Session pursuant to C.R.S. 524-6-402/4)b) Conference with the attorney for the purposes of receiving legal advice on specific legal questions related to Ligation updates. Executive Session pursuant to C.R.S. 524-6-402(4)b) Conference with the attorney for the purposes ofr receiving legal advice on specific legal questions. ADJOURN NOTE: This Agenda is provided fori informational purposes only. Action may be taken on any or all of the items. All times are approximate. Ifany given item is finished earlier than anticipated, the Commissioners may move on to the next item. The only exceptions are public hearings on items which have had published notices ofa specific hearing time; those items will not begin until the specific time or after. 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 accommodation. 4 PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 12-17-2024 Submitter: Paula Gonzales, Finance Director Submitted to the County Administration Office on: 12-6-2024 Return Originals to: Paula Gonzales &, Jana Coen Number of originals to return to Submitter: 1 Contract Due Date: Item Ttle/Recommended Board Action: Consider approval of Resolution to Transfer Revenue between funds from Sales Tax Fund to Road and Bridge Fund for 2024 Aviation Fuel Tax Funds in the amount of $3,975.00. Justification or Background: Annual transfer of Aviation Fuel Tax Revenue to Road & Bridge Dept. 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): RESOLUTION TO TRANSFER REVENUE BETWEEN FUNDS Resolution No. 2024- Ar resolution transferring sums of money to the various funds and spending agencies for WHEREAS, the Board of County Commissioners has adopted the annual budget in accordance WHEREAS, the Board of County Commissioners has made provision for revenues ini the WHEREAS, it is sometimes necessary to transfer revenues from one fund to another, and; NOW, THEREFORE, LET IT BE RESOLVED by the Board of County Commissioners of Prowers County, Colorado, fort the 2024 budget year. with the Local Government Budget Law, on December 28, 2023, and; various funds, and; Prowers County, Colorado: That the following sums are hereby transferred from the revenue of each fund, to each fund: Debit $3,975.00 Credit Sales Tax Fund ACCT#0900 Road & Bridge Fund ACCT #0020 $3,975.00 ADOPTED this 17th day of December 2024 Ron Cook, Chairman Thomas Grasmick, Vice-Chairman Roger Stagner, Chairman Attest: Jana Coen, County Clerk PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 12/17/24 Submitter: Don Wilson, Interim County Administrator Submitted to the County Administration Office on: 12/9/24 Return Originals to: Don Wilson, Interim County Administrator Number of originals to return to Submitter: 1 Contract Due Date: N/A Item Title/Recommended Board Action: Consider approval ofIndependent Contractor Agreement between the Board of County Commissioners ofl Prowers County and Scranton Specht and Associates, P.C. for Legal Services related to matters involving Prowers County's 1041 Regulations for a term of January 1,2025 through December 31, 2025. Justification or Background: Annual Contract Fiscal Impact: This item is budgeted in the following account code: County: $ 0 Federal: $ 0 State: $ 0 Other: $ 0 Approved by the County Attorney on: 12-9-2024 Additional Approvals (if required): INDEPENDENT CONTRACTOR AGREEMENT (1041 Matters) THIS AGREEMENT is effective beginning the 7st day of. January, 2025, and is by and between the Board ofCounty Commissioners ofProwers County ("County"), and Scranton Specht and Associates, P.C., FEIN #20-0794178, 1204 East Olive Street, PO Box 1500, Lamar, CO 81052. WHEREAS, County desires to contract with Contractor to secure. legal services related to matters involving Prowers County's 1041 Regulations in the capacity ofas special county attorney in accordance with the terms of this Agreement; and WHEREAS, Contractor desires to 1041 Regulation legal services in the capacity as a special county attorney on an independent contractor basis as set forth in this Agreement, NOW THEREFORE, in consideration for the mutual promises made herein, the County Services: Contractor agrees to perform the following services: Such legal matters, including court appearances, as the County may from time to time direct related to 1041 and the Contractor agree as follows: 1. Regulation matters. a) Contractor represents and acknowledges that the services performed under this Agreement will be done using Contractor's own equipment and at hours and times as determined by Contractor. Contractor is engaged in providing these types of services for persons or entities other thant the County, and Contractor: isi not required toj provide services exclusively to the County during the term of this Agreement. Contractor will use its best efforts to avoid conflicts ofi interest. If Contractor has represented any client in conflict with the County within two years previous to the assigned task, Contractor will inform County SO County can make alternative Contractor will work cooperatively with the courts, persons and agencies to ensure compliance with local, state, and federal regulations, policies, and statutes. Contractor will maintain files which shall be considered the property ofthe County. The County may review these files at any time and, in the event this Agreement is terminated, Contractor will release the files to County in good order. b) arrangements for legal representation oft the County'si interests. c) d) e) Ar representative of Contractor will meet face-to-face with the Board of County Commissioners and County employees as necessary to perform the tasks assigned to Contractor. Contractor will all documents and matters as needed to perform the tasks assigned to Contractor. 2. Compensation: The County shall pay the Contractor as follows: An hourly attorney_fee paid at the rate of $200.00 per hour toj perform 1041 matters legal services for County. a) b) Contractor will be required toj provide billing statements to the County regarding Payment pursuant to this Agreement shall be made in whole or in part, from available funds per month. Contractor will provide all necessary legal services for County during the term of the agreement within available contracted funds. Items not included in the hourly rate for which County will be responsible for all work performed on 1041 matters. c) payment include the cost ofitems such as: i) Mileage to any courts or meetings outside Prowers County will be reimbursed at the standard IRS rate approved by County. Travel outside Prowers County related to County business will be reimbursed at the County will not reimburse costs for meals ofthe attorney to provide services within Prowers County. Any meals required for legal services provided outside Prowers County will be reimbursed at the standard County per diem with a receipt for the actual meal cost required for reimbursement. Per Federal regulation no alcohol will be reimbursed in the meal standard IRS rate approved by County. ii) reimbursement, iii) County will not reimburse costs of lodging of the attorney to provide services outside Prowers County,ifovemight: stay is required. Any lodging related to County business outside Prowers County will be reimbursed at the actual cost of lodging with ai receiptrequired; and iv) Faxing, photocopying, telephone, long distance charges to be charged at v) All expenses of the legal services, including by way of example and not the actual cost. limitation: B. E. F. A. Court filing fees, if applicable; Expert witness fees; C. Service of] Process fees; D. Witness fees and mileage expense ofwitnesses; Conference operator calls for hearings by long distance call; and Any other expenses would require prior approval of the Board of County Commissioners for County. 3. This contract is subject to and contingent upon the continuing availability of budgeted agency funds and the continuing availability of state and federal funds for the purposes Term: The term ofthis Agreement shall bei for twelve (12) months beginning January Either party may terminate this agreement with thirty (30) days' prior written notice to the Relationship: The parties understand and agree that Contractor is ani independent contractor and that Contractor is not an employee oft the County, nori is Contractor entitled to County CONTRACTOR UNDERSTANDS AND AGREES THAT CONTRACTOR IS NOT ENTITLED TO WORKERS' COMPENSATION BENEFITS AND THAT CONTRACTOR: ISC OBLIGATED TOPAYFEDERALANDSTATEI INCOMETAXON Work Product: Any data, reports, documents, or information provided by the County to the Contractor during the performance of services under this Agreement and any reports or other writings required under the services of this Agreement shall be and remain the sole Indemnification and Insurance: Contractor shall indemnify and hold harmless the County from and against all claims, damages, loses, and expenses arising out of or resulting from acts or omissions of the Contractor in the performance of the services by Contractor. During thet term oft this Agreement Contractor shall maintain personal professional liability hereof. 4. 5. 6. 1,2025 and continuing through December 31, 2025. other party. employment benefits. 7. ANY MONEYS EARNED PURSUANT TO THIS CONTRACT. 8, property of the County at all times. 9. insurance with at] least $1,000,000.00 coverage per event. 10. No official or employee of Prowers County shall directly ori indirectly be paid any share or part ofthis Agreement or any benefit that may arise therefore in violation of Article 29 of the Colorado Constitution. The Contractor warrants that it has not retained any company or person (other than a bona fide employee working solely for Contractor) to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, (except for a bona fide employee working solely for Contractor) any fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or resulting from the award oft this Agreement to Contractor. Upon discovery of any breach or violation of this provision, Prowers County shall have the right to terminate this Agreement. 11. Civil Rights Compliance: Contractor certifies that he is in compliance with State and Federal statutes regarding Civil Rights. 12. Jurisdiction: Jurisdiction for any dispute under this Agreement shall be exclusively in the Prowers County, Coloradol District or County Court sitting without juryin Prowers County, Colorado. 13. Third Parties: This Agreement does not and shall not be deemed to confer upon any third party any rights to claim damages or bring suit, or other proceeding against either the County or Contractor because ofany term contained in this Agreement. 14. Assignment: This Agreement is for personal services predicated upon Contractor's: special abilities or knowledge, and Contractor shall not assign Agreement in whole or in part without prior written consent of the County. 15. Entire Agreement: This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding relating to the subject matter oft this Agreement. 16. Modification: This Agreement may be modified or amended only by a duly authorized written instrument executed by the parties hereto. CONTRACTOR Contractor FEIN #:20-0794178 SCRANTON SPECHT & ASSOCIATES, P.C. By: DARLA SCRANTON SPECHT, President 1204 East Olive St. P.O. Box 1500 Lamar, CO 81052 BOARD OF COUNTY COMMISSIONERS OF PROWERS COUNTY By: CHAIRMAN PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 12-17-2024 Submitter: Administration Office Submitted to the County Administration Office on: 12-9-2024 Return Originals to: Jana Coen & Administration Office Number of originals to return to Submitter: 2 Contract Due Date: Item nte/Recommended Board Action: for Abby Weber, event scheduled for May 18, 2025. Consider approval of Fairgrounds Facility Rental Agreement and waiver of fees Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: Other: $_ $_ Approved by the County Attorney on: Additional Approvals (if required): PROWERS COUNTY FAIRGROUNDS FACILITY RENTAL AGREEMENT Today'sDate: 12/09/2024 Name of Organization: NIA Name & Address of Authorized Agent: S.A Abby Weber 31976 County RoadJ JJ McClave, CO 81057 Phone: 7141e88-2807 Sales' Tax ID: Type of Event: $ Date(s) of] Events: May 18, 2025 09:00 Set Up Time: am pm Event Starts: /:oJ am e 7 Finish' Time: le:oo am e() Arena Centennial X Homel Ec Vaqueros Pavilion Graduation Reception for LHS Student Ifa approved by the Board of County Commissioners (the "Commissioners"), lagree to pay fees int the amount of are at thet 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, ort to submit a request fora a waiver oft the fees. Iunderstand the decision to waive any or all ofthe fees unless Iam legally exempt. The attached lease terms are part oft this Agreement. AK Wlekes Authorized. Agunt 12/09/2024 Date The Commissioners reserve ther rightt to notl 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 tol Prowers County citizens. Fees may be adjusted at the dissretion of the Commissioners based upon thet number of! participants or unique conditions. Fees are based on daily rates. Rental Approved: Maintenance &1 Facilities Director Date Date Chairman Prowers County Board ofCommissioners For County Use Only: Date Booking Feel Paid ($25.00) Inspection completed: Damage/Cleaningl DepositRequesting' Waiver Damage/Cleaning! Deposit Refunded: Y/N, ifno, see attached. Datel Rental Feel Paid: Requesting! Waiver Date Paid: issued upon approval at the Commissioners' meetings. Liability Insurance: received: Yes_ No Date: Please note that any deposit refund due backt to you willl be provided by: al Prowers County check. Checks are Update 08/27/2024 Fairgrounds! Rental Agreement PROWERS COUNTY FAIRGROUNDS FACILITY: - RENTALI RESERVATION AGREEMENT Between) Prowers County Board of Commissioners (Commissioners) and he Authorizing. Agent (User) renting I. 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 thet time the reservation is confirmed. Use ofthe 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 concitions 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 CountyMaintenance) Personnel.1 Nol 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 ofi two times the normal hourly rate will be charged for holiday events, in addition to regular fees and charges, with the exceptions described 3. Use of all facilities shall be scheduledi through the! Prowers County Administration Office only. a) AI non-refundable booking fce of$25.00 per event must be paid when each eventi is scheduled. b) The! $25.00 booking feei is due before an individual or entity may! havet their name placed on the Fairgrounds ) Ifthe event does not gof forward for whatever: reason, the! $25.00 fes WILLNOT BEI REFUNDED. d) The remainder oft thel 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! Depositi is required and due from all Users whether use fees are waived or not. Failuret to pay fees ten (10) working days prior tot the event may result in cancellation off facility use. Access to thei facilities at any time other than stated on this form is not allowed urless prior approval is received from the Commissioners. Please note that the Damage/Cleaning Deposit refund, ifa any, due back to the User will be provided by a Prowers County check. Checks are issued upon approval at the Commissioners' meetings. 4. The scheduling oft 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 tot the property or facilities including excessive clean-up costs thati may occur in connection with the event; assure payment, in full, ofall charges for space and equipment requested; and ensure that all promotion and adyertising of events involving 5. The Damage/Cleaning Deposit must be paid within ten (10) days prior to the scheduled event. The Damage/Cleaningl Deposit shall be utilized by Prowers County, ifnecessary, for cleanup and repair of damages ofthel Rented! Premises. Int the eyent that the User performs cleanup ofthel Rented Premises in a suitab.e 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 faciliy. Ifa any alcohol is brought to the Fairgrounds. the entire deposit will be retained. The User will be personally liable Incased ofcancellation, thel Rental Fees will be refunded (less the booking fee)i ifnotice of cancellation is received ten (10) working days prior tos scheduled use. Ift the event is canceled duet to inclement weather, the event may thef facility, including any parking areas, ifapplicable (Rented Premises). Personnel. previously in this paragraph. Fees and deposits: calendar to reserve ai facility at the Fairgrounds. the use of the facilities shall identify the individual or group sponsor ofthe event. for any expense for damage and/or cleanup in excess of the required deposit. Update 08/27/2024 2 Fairgrounds. Rental Agreement be rescheduled with no additional fees due. Ift thee eventi is rescheduledi for any other reason without ther required notice, an additional booking fee will be charged. 7. Subleasing or charging additional feest to use the Rented Premises will not be permitted. 8. Non-commercial Users may have one (I) dayi in advance for set-up, cecorating, etc. between thel hours of 8:00 am and 4:00 pm, provided that there is nothing previously booked on that date. Ifadditional days are required fors 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 is not liable for any injuryto ort the death ofaj participant in equine activities resulting int the inherent risks ofe 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 ofProwers County persomel.Accondingly. andi in express consideration fort 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 anya and allj persons or entities whatsoever, and arising out oft the 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 attomey'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 thes substantially prevailing partyt therein being entitled, as ai matter ofcontractl 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 formi may! be cause for cancellation of this Agreement andi forfeiture oft the Damage/Cleaning Deposit and/or Rental Fees paid and may result in loss of future usage of the Rented 14. Thel User shall be required to calli fora an on-site facility orientation with the Fairgrounds caretaker no later than five( (5) working days prior to thes event. Thel User will be familiarizec withi 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 b 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. Thel 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 bej pre-approved and are at the discretion oft 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. Itist further understoadi that the building and grounds systems can, and do, fail at times. Failures may include, but are not limited to: electrical outlet power lcsses and blown breakers due to abnormal use and overloaded circuits, public announcing or loudspeaker malunctions, lighting failures, water supply problems, and restroom malfunctions, etc. There are no guarantees against such failures either implied or stipulated int this Agreement Prowers County Personnel will only be made available during off-hours in the up/tear-down is required, standard facility use days willl 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 condizions. All other unexpected cccurrences 16. The User understands that costs incurred by Prowers County dae 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 of21 times the actual costs. Itist the User'st 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, firsta aid supplies, etc. 18, Thel User iss specifically responsible to ensure adherence tot these written and any posted policies andt to: Provide written documentation specifying any concerns, system ailures, or break-downs and deliver that documentation to the Fairgrounds Caretaker, Please do not manipulate circuit breakers. b) Pick-uptrash: and debris accumulated duringt thee eventi including parking: areas and deposit the trashi int the 55-gallon trash drums provided, oriffull, into available durpsters. c) Re-stock indoor and outdoor men's and women'sr restrooms with toilet paper and paper hand towels as needed throughout the event. Thel Fairgrounds Caretaker wil make these items available to users. d) Pick-up trashi in, and around, thei indoor and outdoor restrooris, tiel kitchen, and concession stands and leave fixtures, appliances, and counter surfaces clean. Sweep anc mop, or vacuum indoor floor surfaces. Make appropriate arrangements for providing the necessary crowd control, public safety, and building Provide event security and present evidence of said: security Lpon request by the Commissioners. should be documented: and willl be addressed on the next regular workday. calls for service. security for the event. Ensure thats scheduled dance events end at 12:001 Midnight; n3 exceptions. 19. Prowers County assumes no responsibility for lost or stolen items, 20. Alcohol is not allowed on the Fairgrounds at any time. The couny has a zero-tolerance policy régarding 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: 931-0034 or 931-9335. Medical or safety emergency cal!: 911. has been authorized to remove parties in violation ofthis policy. Thaver read, understand, and agree to the terms and conditions outlined ini thais agreement. Dat12-9-24 Organization: Authorizing Agent Printed name:_ Authorizing Agent Signature: Rodeo For Events: wikes (AbbyWeber) Wekes 44 Authorized Tractor/Equipment OperatorPrinted! Name: Update 08/27/2024 Fairgrounds Rental Agreemert PROWERS COUNIY/PAIRCROUNDS FEE SCHEDULE Residente or Non-Resident Not] For Locall For or Non-Local Profit $300 $300 $250 $225 #of days/head oflivestock Facilities. Requested Arenal Rent Daily Pavilion Rent Daily Home Economics' Bldg. Rent Daily Vaqueros Bldg. Rent Daily Usec ofParking Lots Arenal Lot/Grounds Daily OvermightBoardingl (Arena Pens) $5/Head Dally F Pavilion Boarding Rodeo. Events. Minimum. Fee Daily R.V. or Camper Parking Onel Electric Pedestala and One Water Connection per Rented Space only Daily Dry Camping and] HorsePenning at Designated: Southwest Parking Lot ONLY Dally Elmer's Garden Dally Cleaning/Damage. Deposit (Due 10 days prior to event) Total Profit $150 $150 $250 $225 For Profit $970 $970 $500 $425 $210 $10/head $40 $50 $5/Head $20 $30 $20 $30 $10 $0.00 $I000 SIO $0.00 $1000 $20 $0.00 $1000 * Rental Fees for thel Pavilion: for Noti 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 IODAYSPRIOR TO USE) Update 08/27/2024 $ $ $ 5 $ Fairgrounds Rcatal 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 chaiged to entrants and the sponsoring entity retains some or all ofthe proczeds from the activity or where goois or services are offered fors sale orl lease tot the general public. The Commissioners: reservet the righttod determine ifane eventi isac commercial: activity. 4. Commercial vendors willy pay a fee in addition tot the fees listed on the attached fee schedule int the amount of1% of gross sales, based upont the vendor'sp projections. The amount ofthey projected sales willl be verified 5. RV or Camper Parkingi is only allowed for ai total oft three (3) days per thirty (30)-day time period, unless . RVor Camper Parking in conjunction with al Registered Event must follow the policies set forthi in may be subject to ai fee for an additional day. 2. The Commissioners reserve ther right to request verification ofr no:-f for-profit status. by comparison ofthe projection to Sales" Tax as reported tot the State. inc conjunction with al Registered Event. 8a. below. b. For RVor Camper. Parking? NOT in 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 çalling (719)336-8025 during normal business hours OR att thel Fairgrounds Dropl Box. ii. Each individual RV hook-up is provided for use exclusively by only one reserved RV. lii, No horses or livestock shall be penned near or around RVI hook-up areas. Paid RV users iv. Nol RV,Trailer, Camper or Horse Trailer electrical hook-ups are allowed at any electrical V. The 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 There is uo sharing of electrical or water hook-ups. must pen! horses in covered stalls. outlet located on the Pavilion Structure. connections, 6. Itist the responsibility oft the Event Organizer to make arrangemeats to meet on-site with thé Fairgrounds Caretaker no Jatert than four (4, days priort tot the event1 to receive buildingl keys andi facility use instructions. Covered and uncovered: stall fees are tob ber reserved, collected, refunded: for cleaning, anda accounted ifcovered: stalls are cleaned byt the Event Organizer after use, the amount collecredi is split RVI Electrical andy water hook-up fees are to be reserved, collected, and accounted for by thel Event 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 ont the. Pavilion Structure. Thel Event Organization willl be responsible to pay for any damage incurred due to unauthorized elcctrical connections. 7. REGISTERED EVENTS ONLY: for by the Event Organizer with the understanding that 50%/50% between the Event Organization and Prowers County. 8. REGISTERED: EVENTSONLY: Organizer with the understandingi that: Therei is Ro sharing ofe electrical or waterl hook-ups. must penl horses in covered: stalls. Update 08/27/2024 Fairgrounds! Rental Agreemerz PROWERS COUNIMYFAIRCROUNDS REGISTERED RODEO EVENTS FAIRGROUNDS USE: following information: The Prowers County Fairgrounds is available for registered rodeo events in-season from April through October. Conditions for use of the facilities for all events including registered rodea events are specifically detaited in the .P Prowers County Fairgrounds Facility Rental Reservation. Agreement,: 3 pages. Revised October 20, 2011. 2. Prowers County Fairgrounds Facility Rental Agreement, 11 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 encouragedi tor read very carefully all oft the rentali information provided by Prowers County 3. Fairgrounds Fee Schedule, 21 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 top potential rodeo participants in ane effortt tol lessen custlymisundertanding during the event. 1. The fairgrounds rodeo arena is watered regularly using a water reel. Use of the water reel by event organizers is prohibited. The rodeo arena may be watered onçe daily duringar registered rodeo event att the event organizers request only ifs scheduled and coordinated with the Fairgrounds Caretaker. 2. Thef fairgrounds rodeo arenai is worked prior tot the rodeo event by the Fairgtounds Caretaker using Prowers County equipment. Working the arena duringt 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 keyt to thet tractor is provided only aftert thes specified driver has met 3. Concession stand usei is by reservation only. Call the Prowers County Extension serice(719336-734 to 4. The event organizer is responsible to reserve and collect fees for covered stalls located in the Prowers County Pavilion. The stalis are located in the Prowers County Sale Bam and set-up by Prowers County Scheduling with the Fairgrounds Caretaker for setting up horse stalls in the Pavilion. b. Scheduling with the Fairgrounds Caretaker for cleaning be: stalls after the event. 6. The event organizer is responsible fori reserving and collecting all fees associated with] R.V. hook-ups, dry Unless otherwise specified, the following are applicable toj registered rodeo events: on-site with the Fairgrounds Caretaker for operating instructions. reserve. Staffbefore the event. 5. Thee event organizeri is responsible for ensuring the following: camping, and horse stall fees. The event organizer is responsible fore ensuring the following: 1. No horses shall be tied or penned at, or near, any R.V. electrical or waterl hook-up located at the arena parking area and arena parking area fencing, or at the R.V. hook-ups located north of the Prowers 2. No R.V. campers, horse trailers, or others similar vehicles shail noth be: allowed to park near, and/or plug anye electrical cord into the electrical outlets located int the Prowers County Pavilion. 3. Nohorsess shallbet tiedi to, orpenned near, any permanent fence or anytree located anywherconProwers County Pavilion. County Fairgrounds property. Update 08/27/2024 7 Pairgrounds Rental Agreement 4, All dry camping and horse penning shall be located ini the southwest dirt parking area only. Under no circumstances shall dry camping and penning bel located on roto-mill, asphalt, or grass areas elsewhere ont the Prowers County Fairgrounds property. Thel Event Orgenizeri is responsible for the cost ofo clean- 5. All R.V. hook-ups (pedestal) provided for use during regissered rodeo events are for one (1) R.V. camper only. Under no circurstances shall more than one R.V. camper plugi into a reserved pedestal. 6. Al horses and livestock are prohibited from access to paved pedestrian and driveways, grassy areas, treed areas, and covered buildings with the exception of the! Prowers County. Pavilion. upi ifhorses are penned or tied in areas outside dry camp areas. Update 08/21/2024 Fairgrounds Rental Agreemert USE OF THE PROWERS COUNIKEAIRGROINDS R.V. In an on-going effort to mitigate potential damage, and to maintain safe, reliable electrical pedestals it is the Each electrical pedestal is wired for 50 amp., 30 amp., or 20 amp. uses and should not be overloaded with Bach electrical pedestal is intended to be used byas 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: 0o circumstances shall thef 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 carryt thes specified load. Under no circumstances shall exposed cord wires be direct wired into any electrical pedestal or pedestal outlet. Do not secure livestock or pets to the electrical pedestals or water hydrants located in designated R.V. The electrical pedestal located north of the Crow's Nest is intended for auxiliary use only and 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 tot the event organizer at a rate double the cost for repair ELECTRIC PEDESTALS responsibility of the! Event Organizer to remind each camper utilizing the pedestals that: multiple or piggyback cords and appliances. campsites or throughout the fairgrounds. available for câmpers. orT replacement. Under no circumstances shall RVI Pedestals be used by vendors. Campers are encouraged to use the electrical pedestals safely andi responsibly. The pedestals are checked daily and potential safety hazards arer reported to event coordinators for immediate corrective: actions. Recommendations: may include re-locating campers who share pedestais, removing and replacing hazardous cords, rescinding use of an electrical pedestal, or requiring compensation for repairing damaged pedestals. Update 08/27/2024 Pairgrounds Rental Agreement HOME EC. BUILDING CHECKLIST Dor not tape or hang decorations from the ceilings grid or ceilingt tie. Dor not tape or staple decorations tot tables, chairs, walls, windows, or doors Please place all chairs andt tables back as they were before leaving. Cleaning supplies are int the custodial supply closet located int ther men'sroom. Please clean and drya all counter tops, sinks, and: appliancesi in resirooms. Clean and put away anyi itemst that your used. Sweep and' Vacuum the floors. Wipe down allt the tables. south door oft the building. Turnt ther meeting room! lights off. (689 ini the winter or 7591 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 andl locka all windows and doors. Placei the building! keysi in tha dropb boxl located near the south door. Please leavet the building int the conditiony youf foundi it. Please call (719)931-00341 tor reachi the caretaker. KITCHEN CHECKLIST Please plant for enough time to clean-up after use. Iti is your responsibi ity to cleant the Kitchen after usingi it. Wash all dishes and utensils and place backi int the proper location. Wipe offa allo counter tops. Cleana all of the appliances your usei including thes stove, microwave, coffee machine, andi refrigerator Clean and dryt the sinks and faucets. Clean up: all spills ont floorsand counter tops. Sweepi and mop floors. Leftover food will be disposed of, be sure to take leftovers with you. Update 08/27/2024 10 Fairgrounds Rental Agreemert VAQUEROS BUILDING CHECKLIST Do not tape or hang decorations from the ceiling grid or ceiling tle. Do not tape ors staple decorations to tables, chairs, walls, windows, or doors Please place all chairs and tables backa as they were before leavirg. Cleanings supplies arei in1 the custodial supply closet located int the men's room. Please clean and dry alld counter tops, sinks, and: appliancesinr restrooms. Clean and puta away anyi itemst that your used. Sweep and' Vacuum thei floors. Wipe down all thet tables. south door of the building. Turn the meeting room lights off. (689 int the winter or 752i ini the summer) Pickup all trash ini restrooms, kitchen, and meeting room and place in1 the dumpsters located outside the Plèase return thermostats settings back to the original temperature. Close and locka ally windowsand doors. Placei thel building keysi int te dropl boxl located neart thes south door. Please leave the buildingi int the condition youi foundi it. Please call (719)9 931-00341 to reach the caretaker. KITCHEN CHECKLIST Please plan for enough time to clean-up after use. Iti is your responsibilityi to cleant the Kitchen after usingi it. Wash: all dishes and utensils andy place backi int the properi location. Wipe offa all counter tops. Clean all of the appliances you use includingt the stove, microwave, coffee machine, and refrigerator. Clean and dryt the sinks andi faucets. Clean up: all: spills on floorsand counter tops. Sweep and mopi floors. Leftover food willl be disposed of, be sure to take leftoverswith vou. Update 08/27/2024 1 Fairgrounds! Rental. Agreement PROWERS COUNTY REQUEST FOR WAIVER OF FEES ATE FAIRGROUNDS On bebalf of The Wibr Family Idol hereby request a waiver of fees for rental of the Ihis Datent hrill Lfaa LHS gnadeationz necyptin. Dufaniky lirca js MeClar hewlelhen, me Lidks d6 Shoclin Tanet. We olllike 1 hauc PINVEKNaL is fhan facilik A8 a teach a numler Alasses hiph CSu LkKncias à fa Paeena Leuahy ie HHéne MSL in hdis to adae Cast ef fais lt. henk' yaacmidefr Fairgrounds. The waiveri is needed because yo haca cpfion Coses f fe'sehcch. & Inilding Thenfez, a Am Nsutiag A urives pa Hk May 18, 2025 Date(s) of Event Aihweber Authoriked. Agent Fees Included in Waiver Request DE Booking Fee 0E Pavilion Rent D Vaqueros Bldg Rent S D, Arena Pens ORVI Parking 12-9-24 Date Arenal Rent XHome Ecl Bldg Rent $ $250.00 OP Parking Lots OE Pavilion Boarding $ ODry Camping X Depost $ $ $ $_ $_ $1,000.00 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: 12-17-2024 Submitter: Sheriff's Office Submitted to the County Administration Office on: 12-6-2024 Return Originals to: 1 Number of originals to return to Submitter: 0 Contract Due Date: Item Ttle/Recommended Board Action: Consider ratifying 12-3-2024 approval for Contract Amendment No. 4, 25 IBEH 195172 in the amount of $745,000.00 to original Contract No. 23 IBEH 174474 for Prowers County Sheriff's Department and authorizing Prowers County Sheriff, Sam Zordel who executed the Amendment electronically on 12-3-2024. Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: State: Other: $ $ - $_ Approved by the County Attorney on: 12-9-2024 Additional Approvals (if required): Docusign Envelope ID: CONTRACT AMENDMENT #4 SIGNATURE AND COVER PAGE State Agency Colorado Department ofl Human Services Behavioral Health Administration Contractor County Sheriffs Department Current Contract Maximum Amount Initial Term State Fiscal Year2023 Extension Terms State Fiscal Year 2024 Statel Fiscal Year 2025 Original Contract Number 23 IBEH 174474 Amendment Contract Number Contract Performance Beginning Date Prowers County Colorado for the use and benefit of Prowers 25 IBEH 195172 July1,2022 $816,623.00 Current Contract Expiration Date $850,000.00 June 30,2025 $745,000.00 $2,411,623.00 Total for All State Fiscal Years THE: PARTIES HERETO HAVE: EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or shei is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. CONTRACTOR Prowers County Colorado for the use and benefit of Prowers County Sheriffs Department Docusignedby: A7037 By:Sam 92F57E4EP Zordel, Sheriff 12/3/2024 STATE OF COLORADO Jared Polis, Governor Colorado Department ofHuman Services Michelle Barnes, Executive Director Signed! by: Dauet R Smitk Health Administration 12/5/2024 By: Dannette R.3 Smith, Commissioner, Behavioral Date: Date:. Ina accordance with $24-30-202 C.R.S., this Amendment ist not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert. Jaros, CPA, MBA,JD DocuSignedt by: Toni Williamson By: Toni Williamson/ Telly Belton/Amandal Rios Amendment Effective Date: 12/5/2024 Amendment Contract Number: 251 IBEH 195172 Page lof3 Rev. 1/14/193 Docusign Envelope ID: 53FC6394-90B8-43F3-B44A-667F2C6FC58B PARTIES State. 2. TERMINOLOGY This Amendment (the "Amendment") to the Original Contract shown on the Signature and Cover Page for this Amendment (the "Contract") is entered into by and between the Contractor, and the Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Contract shall be construed and interpreted in accordance with the Contract. 3. AMENDMENT! EFFECTIVE DATEAND' TERM A. Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision oft this Amendment before that Amendment Effective Date, and shall have no obligation to pay Contractor for any Work performed or expense incurred under this Amendment either before or after ofthe Amendment term shown in $3.B ofthis Amendment. Thel Parties' respective performances under this Amendment and the changes to the Contract contained herein shall commence on the Amendment Effective Date shown on1 the Signature and Cover Page for this Amendment and shall terminate on the termination ofthe Contract. In accordance with the provisions ofthis Contract and its exhibits and attachments, the Contractor shall provide substance abuse and mental health treatment in thel Prowers The purpose of this amendment is to update and replace the following exhibits with the most This amendment decreases the FY25 Budget by $70,000 from General Mental Health B. Amendment Term 4. PURPOSE County. jail. current versions for Fiscal Year 2025: thel Exhibit B-3, Budget. Treatment funds resulting in ai new FY25 Budgetofs745,000,00. 5. MODIFICATIONS The Contract and all prior amendments thereto, ifa any, are modified as follows: A. The Contract Maximum Amount table on the Contract's Signature and Cover Page is hereby deleted and replaced with the Current Contract Maximum Amount table shown on the B. REPLACE Exhibit B-3, Budget, with Exhibit B-4, Budget, attached and incorporated by This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments or other modifications to the Contract, ifany, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Contract, in the event of any conflict, inconsistency, variance, or contradiction between the provisions ofthis Amendment and any ofthe provisions oft the Contract or any prior modification Signature and Cover Page for this Amendment. reference. LIMITS OF EFFECTAND ORDER OFI PRECEDENCE Amendment Contract Number: 251 IBEH 195172 Page2of3 Rev. 1/14/193 Docusign Envelope ID: 53FC6394-90B8-43F3-B44A-667F2C6FC58B to the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Contract to the extent that this Amendment specifically modifies those Special Provisions. REMAINDER OF THIS PAGE. INTENTIONALLY LEFTBLANK Amendment Contract Number: 25 IBEHI 195172 Page 3 of3 Rev. 1/14/193 Docusign Envelope ID: 53FC6394-90B8-43F3-B44A-667F2C6FC58B ExhibitE B-4 COLORADO Office of Behavioral! Health Department ofHumanServices EXHIBIT B-4, FY25 ANNUAL BUDGET BHAI Program Agency! Name Budget Period Project Name JBBS Prowers County July 1, 2024- June 30, 2025 JBBS Program Contact, Title Sam Zordel, Sheriff Phone Email Fiscal Contract, Title Marcia Turley, Office Manager Phone Email Date Completed Funding Source State General Fund State General Fund Total Contract 719-336-8050 sordeleptowecunye. 719-336-8050 muleyowerounwnet October: 29, 2024 Total SERVICE CATEGORIES Services (Fixed Price per rate Schedule) Substance Use Disorder Treatment Mental Health Treatment Statewide! Maximums Salaries Licensed Therapist UPC/GSW/AC/MET" $464,550.00 $280,450.00 $745,000.00 JBBS RATE: SCHEDULE Positions should beh hireda ats salaryk levelsi indiçative ofq qualifications, experience, ando organization pays schedules. Thist tablei indicates a maximums salary only. Itis understood1 thatr many positions will be! hired atl lowers salary! levels thant thes state maximum. Unlicensed Master'sLevel Therapisto or Substance Abuse Counselor (example CAS)* Unlicensed Bachelor's LevelT Therapist or Substance Abuse Counselor (example CAS)* $84,872/year $68,959/year $63,654/year $58,349/year $44,558/year $127,308/year $266,569/year $103,538/year $72,100/year $135,891/year $76,385/year $42,436/year $36,050/year $15.97/hour $0.67/mile 10% Case Manager (CM)" CertifiedA Addictionl Technician (CAT) Physician Assistance (PA)* MD/DO* program.)* Pre-sentence Coordinator* Pharmascist (Pharm- -D) RegisteredN Nurse* Data Entry Clerk Peer Support Specialist Qualified MedicationA Administrationf Person! (QMAP) *BHA willr reimburse salaries upt tot thes state maximum Travel Mileage (IRSrate) Operating Expenses Maximum totalp percentage of contract budget IB8SF Program/ Administrator (Primaryr responsibility ofr managing thej jails) JBBS *BHA mayconsiderr rates 10%a aboves statewide maximums salaries pending justificationf from jails andv written pre-approval! byE BHA Training ando continuing educationi forj jaile employees/clinidansi (includingb butr notli limitedt to QMAP, CIT, Motivational Interviewing, Mental Health First Aid,7 Trauma BHA mayconsider operating expenses above 10%0 oft total contract budgetp pending) justification fromj jails andw written pre-approval! byB BHA BHAn mays consider operatinge expenses above 10%0 oftotal contract budget pendingj justification fromj jails andv written pre-approvall byB BHA Informed Care, (CertifiedAddiction: Specialist Classes only) mayb bei includedi int the operating expenses BHAr mayp payf for onel licensingt testp perc dinician (NCE, MAC, NCAC). Upt to $200 perc clinician, pert test. Indirect Expenses Maximum total percentagec ofc contract budget RECOVERY SUPPORT: SERVICES Application Fees ID/B Birth Certificates Indigent Backpacks Basic Hygiene Items Bicycles Bus Pass- -Daily,Monthly Child Care FY25 JBBS Budget 10% Allowed Services* Additional Notes May be providedi if client ise engagedi int treatment servicesf for2 2+r months post release. 1bike per person. month limit per client, per child Page 1of2 Docusign Envelope ID: 3FC6394-90B8-43F3-B44A-667F2C6FC58B ExhibitE B-4 Clothing Educational Costs (books, supplies, and fees). Emergency Housing/Rental Assistance Food/ Assistance Gas Vouchers GED Program/ /Testing Job Placement Training Life Skilis Training Medical Assistance- - copays/ /infectious disease testing Medications Personal Care (eg. haircuts) Phone Cards Pre-paid Cell Phones Printed Resources Transportation. Assistance Transportation toF Residential Treatment UA/BAS Utilities MEDICATIONS 90dayl limit per person Limit of $250.00 per person 30d day! limit per person Limit of$15.00p per person Tobe paidf foru upon release anda after client attends 2 appointments int the community. Cost oft thep phone and up to2 2r months of bills. Outofs statet travel tot treatment will need prior approval byE BHA Limit of$ $100.00p per person 1r month limit per client BHA may consider other expenses pendingi justificationt fromj jails andy written pre-a approval by BHA Medication reimbursement: willl beb based ona a)p providers established rate orb b)j jailp purchase agreement rated orc c)i int the: absence ofa ane establishedi rate orj jail purchase agreement rate thef following BHA rates schedule. htp/Pwwwcoloradogpv/hep/phammay resources Methadone Naltrexone (oral) Depot- naltrexone (injectable) (Vivitrol) Buprenorphine (pregnancy)- 8mg Buprenorphine pregnancy)- 2mg Euprenorphine/muloxone: sublingualf film( (suboxone)- 12mg/3mg Buprenorp.hine/maloxone: sublingualf film (suboxone)- 8mg/2mg Buprenorp.hine/naloxone sublingualf film (suboxone)- 4mg/1mg Buprenorphine/nmloxones sublingualf film (suboxone)- 2mg/0.5mg Naloxone (Narcan) Suboxone and generics Buprenorphine 8mg Buprenorphine- 2mg Sublocade (injectable) Psychotropic Medication willl ber reimbursed: atr rate established on Preferred Drug List (PDL) which cank bef founda at Medication Rate $18/day. Methodone treatment, including medicationa andir integrated psychosocial: and Monthly Medication Rate: $85. Monthly Prescriber Rate: $150 $1,376/unit; 380mgi injection (extended release) per month $41/month] $31/month $275/month $140/month $140/month $80/month $41/month $31/month Revised03.04,2024 Unit Cost: $75. Prescriber Rate: $35 $5.55/unit @30d days =$ $166.5 50f fora2 2mg-0.5mg dose; range cani increaset from 4mg- $1,376/unit; 380mg injection extendedrelease)l pern month] FY25. JBBS Budget Page: 2of2 PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 12/17/24 Submitter: Department of] Human Services Submitted to the County Administration Office on: 12/9/24 Return Originals to: Department of Human Services Number of originals to return to Submitter: 1 Contract Due Date: by January 1,2 2025 Item Tite/Reommended Board Action: "Consider approval oft the Independent Contractor Agreement between the Prowers County Department of Human Services and David Anderson for Child Welfare, Adult Protection and Juvenile Delinquency Representation and authorize the Board Chair and the Director ofHuman Services to execute the contract." Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: Other: Approved by the County Attorney on: 12/10/104 Additional Approvals (if required): PLEASE ATTACHTHIS SHEET TO ALL AGENDA ITEMS WHEN SUBMITTINGTO COUNTY ADMINISTRATION. THANK YOU! INDEPENDENT CONTRACTOR. AGREEMENT (Child Welfare, Adult Protection, Juvenile Delinquency) THIS. AGREEMENT is effective beginning the 1* day of] January, 2025 andi is by and between the Board of County Commissioners ofProwers County ("County"), and David. Anderson Law, LLC, FIEN #88-2895922, 1707 61*Ave., Suite 103, Greeley, CO 80634 ("Contractor"). WHEREAS, County desires to contract with Contractor to perform legal services and the Special County. Attorney for the Department ofHuman Services ("Department"): in accordance with the terms of this Agreement; and WHEREAS, Contractor desires to perform legal services as the Special County Attorney for NOWTHEREFORE, in consideration of the mutual promises madel herein, the County and 1. Services: Contractor agrees to perform the following services: Such legal matters, including a. Contractor represents and acknowledges that the services performed under this Agreement will be done using Contractor's own equipment and at hours and times as determined by Contractor. Contractor is engaged inj providing these types ofs services for person or entities other than the County, and Contractor is not required to provide services exclusively to the County during the term ofthis Agreement. b. Contractor will use its best efforts to avoid conflicts ofi interest. IfContractor has represented any client oft the Department within two years previous to al Department action, Contractor will: inform the Department SO the! Department can make alternative arrangements for legal representation oft thel Department's interests. Contractor will usei its best efforts to submit proposed orders to the Courts within seven d. Contractor will work cooperatively with the Courts, Administrative Review Division of the State Department of Human Services, and Department to ensure compliance with local, state, and federal regulations, policies, and statutes, including specifically, Title IV- Contractor will maintain files which shall be considered the property oft the Department. The Department may review these files at any time and, in the event this Agreement is terminated, Contractor will release the files to the Department in good order. Ar representative of Contractor will meet face-to-face, by telephone or via video conference with child welfare staff of the Department prior to court hearings that may require testimony, that are contested, or that have other legal issues which warrant prior thel Department on an independent contractor basis as set forth in this Agreement, the Contractor agree as follows: court appearances, as the Department may from time to time direct. (7) days ofa any hearings or trials. Eoft the Social Security. Act. consultation with thel Department. Contractor will review Department court reports, memoranda to the Court and other legal documents prior to thel hearings and, upon request by thel Department, prior to their submission to the Court or parties. 2. Compensation: The County shall pay the Contractor as follows: a. Af flat attorney fee at the rate of$8,350.00 per month to perform legal services for the Prowers County Department of Human Services related to child welfare matters, adult protection matters, and juvenile delinquency matters, and to provide general legal services to the Director of the Prowers County Department of Human Services. b. Ina addition to the flat attorney fee, $165.00 per hour for attomey time and $65.00 per hour for legal assistant/secretary time for any work performed in connection with a contested adjudication, termination or allocation of parental responsibilities trial/hearing In addition to the flat attomey fee, $165.00 per hour for attorney time and $65.00 per hour for legal assistant/secretary time for any work performed in connection with an appeal to the Colorado Court of Appeals, with a cap of $5,000.00 per appeal to the d. Ina addition to the flat attorney fee, $165.00 per hour for attorney time and $65.00 per hour for legal assistant/secretary time for any work performed in connection with an appeal to the Colorado Supreme Court, with a cap of $5,000.00 per appeal to the Items not included in the flat attorney fee or hourly rates for which the Department will ber responsible for payment or reimbursement: include the cost of items such as: with a cap of$9,000.00 per trial/hearing. Colorado Court of Appeals. Colorado Supreme Court. i) Mileage to any courts, Department offices, or other travel incurred on Department business willl be reimbursed at the Colorado state mileage reimbursement rate as set by the Colorado Office of the State Controller. ii) Photocopies billed at $.05 per copy. ini) Postage costs actually incurred. iv) All expenses of the legal services, including by way of example and not limitation: A. Court filing fees, ifapplicable B. Fees charged for the Colorado E-Filing System C. Service of] Process fees D. Witness fees and milage expense ofwitnesses; E. Any other expense would require prior approval oft the Department Director for reimbursement. 3. Court Appearances: Contractor's office is located more than 230 miles from Prowers County. The parties agree that Contractor may appear at routine hearings, including most regularly scheduled dockets by teleconference, subject to the approval oft the Court. The Contractor agrees to appear personally at contested adjudication, termination or allocation of parental responsibilities trials/hearings. The Parties agree to discuss in advance when 4. Contingent: This contract is subject to and contingent upon the continuing availability of budgeted agency funds and the continuing availability ofs state and federal funds for the 5. Term: The term oft this. Agreement shall be for twelve (12) months beginning January 1, Termination: Either party may terminate this Agreement with thirty (30) days prior written 7. Relationship: Thej parties understand and agree that Contractor is an independent contractor and the Contractor is not an employee oft the County, nori is Contractor entitled to County 8. - CONTRACTOR UNDERSTANDS. AND. AGREES THAT CONTRACTOR IS NOT ENTITLED TO WORKERS' COMPENSATION BENEFITS. AND' THAT CONTRACTOR IS OBLIGATED1 TO: PAY FEDERALAND STATE. INCOME' TAXONANY: MONEYS 9. Work Product: Any data, reports, documents, or information provided by the County to the Contractor during thej performance ofs services under this Agreement and any reports or other writings required under the services of this Agreement shall be and remain the sole property 10. Indemnification and Insurance: Contractor shall indemnify and hold harmless the County from and against all claims, damages, loses, and expenses arising out of or resulting from acts or omissions oft the Contractor in the performance of the services by Contractor. During the term oft the Agreement Contractor shall maintain personal professional liability insurance 11. Constitutional Prohibition: No official or employee of Prowers County shall directly or indirectly be paid any share or part ofthis Agreement or any benefit that may arise therefrom in violation of Article 29 of the Colorado Constitution. The Contractor warrants that it has not retained any company or person (other than al bona fide employee working solely for Contractor) to solicit or secure this Agreement, and that Contractor has not paid or agreed to personal appearances may bei necessary. purposes ofl hereof. 2025: and through December 31, ,2025. notice to the other party. employment benefits. EARNED PURSUANT TO' THIS. AGREEMENT. ofthe County at all times. with at least $1,000,000.00 coverage per event. pay any company or person, (except for al bona fide employee working solely for Contractor) any fee, commission, percentage, brokerage fee, gift or any other consideration contingent 12. Civil Rights Compliance: Contractor certifies that it is in compliance with State and Federal 13. Third Parties: This Agreement does not and shall: not be deemed to confer upon any third party any rights to claim damages or bring suit, or other proceeding against either the County 14. Assignment: This Agreement does not and shall not be deemed to confer upon any third party any rights to claim damages or bring suit, or other proceeding against either the County 15. Entire Agreement: This Agreement constitutes the entire agreement and understanding between the parties and supersedes and prior agreement or understanding relating to the 16. Modification: This Agreement may be modified or amended only by a duly authorized upon or resulting from the award oft this Agreement to Contractor. statutes regarding Civil Rights. or Contractor because ofa any term contained in this Agreement. or Contactor because of any term contained in this Agreement. subject matter oft this Agreement. written instrument executed by thej parties hereto. CONTRACTOR DAVIDANDERSONI LAW, LLC E David. Anderson, Member 1707 61"Ave. Suite 103 Greeley, CO 80634 Contractor FEIN #88-2895922 By: BOARD OF COUNTY COMISSIONERS OF PROWERS COUNTY DEPARTMENT OF HUMAN SERVICES OF PROWERS COUNTY By: By: CHAIRMAN DIRECTOR PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 12/17/24 Submitter: Department ofl Human Services Submitted to the County Administration Office on: 12/9/24 Return Originals to: Department ofHuman Services Number of originals to return to Submitter: 1 Contract Due Date: by January 1, 2025 Item Tite/Recommended Board Action: "Consider approval of the Independent Contractor. Agreement between the Prowers County Department of Human Services and David Anderson for Child Support Legal Representation and authorize the Board Chair and the Director of] Human Services to execute the contract." Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: Other: Approved by the County Attorney on: 12/10/2024 Additional Approvals (if required): PLEASE ATTACH THIS SHEET TO ALL AGENDA ITEMS WHEN: SUBMITTINGTO COUNTY ADMINISTRATION. THANK YOU! INDEPENDENT CONTRACTOR AGREEMENT (Child Support) THIS. AGREEMENT is effective beginning the 15 day of. January, 2025, and is by and between the Board ofCounty Commissioners of Prowers County ("County"), and David Anderson Law, LLC, FIEN #88-2895922, 1707 615t Ave, Suite 103, Greeley, CO 80634 ("Contractor"). WHEREAS, County desires to contract with Contractor to perform legal services as the Special County Attorney for the Department of Human Services ('Department") in accordance with the terms of this Agreement; and WHEREAS, Contractor desires to perform legal services as the Special County Attorney for the Department ofHuman Services on an independent contractor basis as set forth ini this Agreement, NOWT THEREFORE, in consideration ofthe mutual promises made herein, the County and 1. Services: Contractor agrees to perform the following services: Such legal matters, including a. Contractor: represents and acknowledges that the services performed under this Agreement will be done using Contractor's own equipment and at hours and times as determined by Contractor. Contractor is engaged inj provided these types ofservices for persons or entities other than the County, and Contractor is not required toj provide services exclusively to the County during the term ofthis Agreement. b. Contractor will use its best efforts to avoid conflicts ofinterest. IfContractor has represented any client oft the Department within two years previous to a Department action, Contractor will inform the Department sO the Department can make alternative arrangements for legal representation of the Department's interests. Contractor will use its best efforts to: review and return proposed orders within seven (7) d. Contractor will work cooperatively with the Courts, Administrative Review Division of the State Department of Human Services, and Department to ensure compliance with Contractor will maintain files which shall be considered the property oft the Department. The Department may review these files at any time and, int the event this Agreement is terminated, Contractor will release the files to the Department in good order. A Arepresentative of Contractor will meet face-to-face, by telephone or via video conference with staff oft the Department prior to court hearings that may require testimony, that are contested, or that have other legal issues which warrant prior consultation with the Department. Contractor will review Department court reports, the Contractor agree as follows: court appearances, as the Department may from time to time direct. days ofreceiving them from the County. local, state, and federal regulations, policies, and statutes. memoranda to the Court and other legal documents prior to the hearings and, upon request by thel Department, prior to their submission to the Court or parties. 2. Compensation: The County shall pay the Contractor as follows: a. Aflat attorney fee at the rate of $3,925.00 per month toj perform legal services for the Prowers County Department ofHuman Services related to child support matters and to provide general legal services to the Director oft the Prowers County Department of b. Items not included in the flat attorney fee orl hourly rates for which the Department will be responsible for payment or reimbursement include the cost of items such as: Human Services. i) Mileage to any courts, Department offices, or other travel incurred on Department business will be reimbursed at the Colorado state mileage reimbursement rate as set by the Colorado Office oft the State Controller. Photocopies billed at $.05 per copy. ili) Postage costs actually incurred. ii) iv) All expenses oft the legal services, including by way of example and not limitation: A. Court filing fees, ifapplicable C. Service of Process fees for reimbursement. B. Fees charged for the Colorado E-Filing System D. Witness fees and milage expense of witnesses; E. Any other expense would require prior approval oft the Department Director 3. Court Appearances: Contractor's office is located more than 230 miles from Prowers County. The parties agree that Contractor may appear at routine hearings, including most regularly scheduled dockets by teleconference, subject toi the approval oft the Court. The Parties agree to discuss in advance when personal appearances may be necessary. 4. Contingent: This contract is subject to and contingent upon the continuing availability of budgeted agency funds and the continuing: availability of state and federal funds for the 5. Term: The term oft this Agreement shall be for twelve (12) months beginning January 1, 6. Termination: Either party may terminate this Agreement with thirty (30) days prior written purposes of hereof. 2025 and through December 31, 2025. notice to the other party. 7. Relationship: The parties understand and agree that Contractor is an independent contractor and the Contractor is not an employee oft the County, nori is Contractor entitled to County 8. - CONTRACTOR UNDERSTANDS AND AGREES THAT CONTRACTOR ISI NOT ENTITLED TO WORKERS' COMPENSATION: BENEFITS AND THAT CONTRACTOR IS OBLIGATED TOPAYI FEDERAL AND STATE: INCOME TAX ON ANY MONEYS 9. Work Product: Any data, reports, documents, or information provided by the County to the Contractor during the performance ofs services under this Agreement and any reports or other writings required under the services ofthis Agreement shall be and remain the sole property 10. Indemnification and Insurance: Contractor shalli indemnify and! hold harmless the County from and against all claims, damages, loses, and expenses arising out of or resulting from acts or omissions ofthe Contractor in the performance of the services by Contractor. During the term oft the Agreement Contractor shall maintain personal professional liability insurance 11. Constitutional Prohibition: No official or employee ofProwers County shall directly or indirectly be paid any share or part ofthis Agreement or any benefit that may arise therefrom in violation of Article 29 of the Colorado Constitution. The Contractor warrants that it has not retained any company or person (other than al bona fide employee working solely for Contractor) to solicit or secure this Agreement, and that Contractor has not] paid or agreed to pay any company or person, (except for a bona fide employee working solely for Contractor) any fee, commission, percentage, brokerage fee, gift or any other consideration contingent 12. Civil Rights Compliance: Contractor certifies that iti isi in compliance with State and Federal 13. Third Parties: This Agreement does not and shall not be deemed to confer upon any third party any rights to claim damages or bring suit, or other proceeding against either the County 14. Assignment: This Agreement does not and shall not be deemed to confer upon any third party any rights to claim damages or bring suit, or other proceeding against either the County 15. Entire Agreement: This Agreement constitutes the entire agreement and understanding between the parties and supersedes and prior agreement or understanding relating to the employment benefits. EARNED PURSUANT TOTHIS. AGREEMENT. oft the County at all times. with atl least $1,000,000.00 coverage per event. upon or resulting from the award ofthis Agreement to Contractor. statutes regarding Civil Rights. or Contractor because of any term contained in this Agreement. or Contactor because of any term contained int this Agreement. subject matter ofthis Agreement. 16. Modification: This Agreement may be modified or amended only by a duly authorized written instrument executed' by the parties hereto. CONTRACTOR DAVID ANDERSONIAW,LLC IAL David Anderson, Owner 1707 615t Ave., Suite 103 Greeley, CO 80634 Contractor FEIN #88-2895922 By: BOARD OF COUNTY COMISSIONERS OF PROWERS COUNTY DEPARTMENT OF HUMAN SERVICES OF PROWERS COUNTY By: By: CHAIRMAN DIRECTOR PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 12/17/24 Submitter: Department of Human Services Submitted to the County Administration Office on: 12/11/24 Return Originals to: Department of Human Services Number of originals to return to Submitter: 1 Contract Due Date: ASAP Item Title/Recommended Board Action: "Consider approval of] Memorandums of Understanding to facilitate the Prowers County Hotline County Connection Center with answer and processing of Child Welfare and Adult Protection Services related Hotline calls and performing tasks outlined in thel MOU's effective January 1, 2025 and ending December 31, 2025 with the following counties: Moffat, Jackson, and Eagle counties and authorize Lanie Meyers-Mireles, Director of Human Services, to sign with a handwritten signature." Justification or. Background: This MOU will allow Prowers County Hotline County Connection Center to provide call coverage for child abuse/neglect and adult protective services reports for said counties. Fiscal Impact: Thisi item is budgeted in the following account code: County: $ Federal: $ State: Other: Approved by the County Attorney on: 121 Additional Approvals (if required): PLEASE ATTACH THIS SHEET TO ALL. AGENDA ITEMS WHEN SUBMITTING TO COUNTY ADMINISTRATION. THANK YOU! MEMORANDUM OF UNDERSTANDING Between MOFFAT COUNTY and PROWERS COUNTY INTRODUCTION: Thisl Memorandum ofUnderstanding ("MOU") is entered into by andl between Prowers County, Colorado body corporate and politic by andt through its Board of County Commissioner ("Prowers County"), and) Moffat County, Colorado ("Moffat County") al body corporate and politic by and through its Board ofCounty Commissioners. Prowers County and Moffat County shall jointly bei referred to as the' "Parties." PURPOSB: 1. This MOUis developed inj partnership between Prowers County and Moffat County, with confirmation by the State of Colorado ("State"), for Prowers County to manage and administer calls to thel hotline 2. Prowers County, through its Hotline County Connection Center ("HCCC"), agrees to answer and process Child Welfare ("CW")related and APS related hotline calls on behalfofMoffat County ("Call Coverage Serviçes"). Prowers County will perform the tasks outlined in this MOU as they relate to Call Coverage Services. Moffat County will performn the tasksi identified in thel MOU to assist the HCCC with successfully: receiving thel Hotline calls sol Moffat County can complete the final disposition of regarding persons that residei inl Moffat County, Colorado. each call. . Term ofMOU: TERM, AMENDMENT, TERMINATION: of1 12 months, December ending) 31, a. This MOUI becomes effective. January 1,2025 for the period b, 2025. The parties shall notify each other at least 30 days priort to expiration of the MOU to execute an extension. 2. Amendments: Partics a. The to thisl MOU, which: shall be effective only upon the written may request changes agreement ofthel Parties. and conditions contained! herein. the other party, RATEE FOR SERVICES: b. Any changes, modifications, revisions, or amendments to this MOU shall bei incorporated by written instrument, executed and signed by the Parties, and will be effectivei in accordance with the terms 3. a. Termination: Any party may, ati its sole discretion, terminate or çançel thel MOU upon 30 days" written notice to 1, The calculations used to determine the rate oft the Call Coverage Services are based on an annual projection of ther number of Child Protection. Program Area 5,1 Program Area 4, and) Institutional reports taken anda an equivalent number ofOther Child' Welfare ("Other CW") Inquiry related çall reports, For a. Projected numbers ofProgram Area 5, Program Area 4, Institutional, Other CW, and APS reports will be based on a combination ofi information: from thel Results Orientedl Management datal base and the actual numbers of calls received through the HCCC for the previous 12 months. purposes oft thisl MOU, 10 Other CW calls will equal one report. Pagelofk4 2. Moffat County is allocated twelve free reports, child abuse/neglect or APS reports, each quarter fora a 3. Prowers County has entered into agreements with other Colorado counties toj provide thes same services as contemplated. int this MOU. In the event thel HCCC must expend additional funds to accommodate adding additional positions tot take calls on behalf ofa all oft the other counties including Moffat County, the cost ofthat expansion may bej proportionately distributed amongst all of the counties that receive HCCC Call Coverage Services. Should this situation arise, Moffat County will be notified 60 days in advance ofa any additional çosts required for HCCC's services soi it can determine whether to terminate 4, Prowers County willi invoice for the Call Coverage Services. Invoices shall include a description ofthe services performed as) Moffat County may request. Moffato County wills submit payment for services 5. The rates of Call Coverage Services provided tol Moffat County per the terms oft the MOU are: total of48f free reports ofany type per year. thel MOU. satisfactorily performed within 60 days ofr receipt. C/W Inquiries 150 Divided by 10 Total Estimated Reports Less the Allotment of] Reports (12 per quarter) Total) Estimated Reports to bel billed Rate per Report Estimated Investment for C/W Reports Estimated number of APS reports Jan 2025 - Dec 2025 Rate per APS Report Estimated. Investment for APS reports Total Investment for Call Coverage services reports ofa any type per quarter, Estimated number of Child Abuse/Neglect Reports Jan 2025 - Dec 2025 346 15 361 -48 313 $ 25.00 $ 7,825.00 92 25.00 2,300.00 10,125.00 6: Moffat County willl be billed quarterly for actual number of reports taken, less the allotted reports of 12 JOINTRISPONSIBILTIES SHARED BETWEEN MOFFAT COUNTY. AND: PROWERS COUNTYI HCCC: 1. Both Prowers County andi Moffat County acknowledge that the State of Colorado Department of) Human 2, This MOU was preceded by an official request for Call Coverage Services from the Board of County 3. Both parties understand that nothing in this MOU supersedes or replaces each party'srequirements and responsibilities to foilow and adhere to all requirements as set forth in state and federal statute, Volume Services must approve this MOU prior to final exeçution. Commissioners: for Moffat County. 7Rules and/or) Division ofChild Welfare Policy. GENERAL: RESPONSIBILITIES OF PROWBRS COUNTY HCCC: 1. Thel Prowers County HCCC will make the appropriate routing changes and take all calls for Moffat County on a full-time basis. Full-time is defined as 7 days per week, 24 hours a dayi including holidays. Alli next step decisions regarding Hotline call records willl bel leftt tot the discretion ofMoffat County. Moffat County will bei responsible to complete a1 review ofa all information in the' Trails Hotline 2. All next step decisions regarding Hotline call reçords willl be left to the discretion ofMoffat County. Moffat County will bet responsible to complete a review ofall information in' THA and Trails to ensure 3, Child Welfare Reports, which can be referred to as Referrals, taken byt thel HCCC willl be entered into the' THA, submitted, and transferred tol Moffat County's Trails Inbox, HCCC will notify Moffat County Application ("THA") and" Trails to ensure appropriate disposition. appropriate disposition. Page 2 ofky ofar referral via email during! business hours andi by personal contact during: after-hours (pursuant to Volume 7) Rules). Itwilll be the responsibility ofMoffat County to check the pending queue and a, HCCC willj provide the Hotline ID and/or Referral! ID number (pursuant to Volume 71 Rules) to an 4. Ifthel HCCC believes the report is of an immediate: response nature, thel HCCC will notify Moffat 5. Information and Referral (non-CW) calls willl be sent to Moffat County's Pending Incoming Hotline Queue (pursuant to Volume 7Rule). Itwilll be the responsibility ofl Moffat County to check the pending queue and manage the final disposition ofa all records. Call purpose willl be included in the comments, Callers will bej redirected back to the Moffat County main Department of Human Services number. 6. IfHCCC receives a call from law enforcement or medical personnel that requires immediate response from Moffat County, HCCC will transfer the call to al Moffat County on-call designee. Ifthel Moffat County on-call designec is not available, HCCC will take ar message and continue to make attempts to notify the County, Ifappropriate, the HCCC will take a report while notifying the County. 7. APS reports will be documented. in the Colorado Adult) Protection System, ("CAPS") andj in the THA. Once complete; the reçord willl be transferred to the County's Pending Incoming Hotlinc Queue. Moffat a. Ifan APS calli is regarding an adult over 70 years old, the HCCC will document the call in the' THA and advise the reporter to call local law enforcement. The HCCC will then notify the County ofthe b. Notification to Moffat County that an APS report has been taken by the! HCCC will be made by manage the final disposition ofa all records. éntity designated by Moffat County. County while information is being entered into the' THA or CAPS. Moffat County cani request at brief synopsis. County will confirm receipt and update in the THA. call, email during both open and after-hours. GENERAL RESPONSIBILITIES OFI MOFFAT COUNTY: I. Moffat County will provide an updated list ofon-call Moffat County employees' name(s) or designees and telephone/celphone numbers and email addresses at all times. The on-call list willi include backup contact name(s) and number(s) and email addresses in case the first employee is unable to answer within ther notification time frame as outlinedi in Volume 71 Rules, Ift the designee changes, itis Moffat County'st responsibility to immediatelyi inform the. HÇCC of the change and toj provide the required 2, Moffat County will notify thel HCCC ofa any special cirçumstances where Moffat County staff willl be unavailable by email (business hours) or voice telephone/celphone (i.e. employees arei in court, meetings, training after-hours, etc.) Moffat County should make every attempt to identify another entity that can receive notifications. This can be any entity designated by Moffat County. contact information. GENERAL PROVISIONS: 1. This MOU is not intended to create any agency or employment relationships between the parties nor is iti intended to create any third-party rights or beneficiaries. 2. Nothing contained herein shall be conslrued as ay waiver ofany party or any immunity at lawi including immunity granted under the Colorado Governmental immunities Act. 3. No modification or waiver oft this MOU or ofany covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. 4. This MOU and the parties conduct hereunder shalll be subject to loçal, state and federal laws and regulations, including requirements associated with confidentiality ofinformation and) HIPAA privacy requirements. Page3ofp4 5, The) Parties to this MOU are: subject to the provisions ofColorado Constitution, Article X, Section: 20 regarding multiple fiscal year obligations. Therefore, no obligation extending beyond December 31, 2025 shall be enforceable unless and until County, actingt through the Board, has adopted a budget for 2026 providing for payment ofsuch obligations. Moffat County shall immediately notify Prowers County should fumding under this MOU fail to be appropriatedi in suchi instance, Prowers County may 6. All three of the authorizing and confirming agencies listed below must agree to the conditions set forth 8. This MOU iss subject to all applicable federal, state and local laws, regulations and rules, whether now in force orl hereafter enacted or promulgated. Ifany term or provision oft this) MOUis1 held to be invalid or illegal, such term or provision shall not affect the validity or enforceability oft the remaining terms and provisions. Meeting thet terms oft thisl MOUS shall note excuse any failure to comply with all applicable laws and regulations, whether or not these laws andi regulations are specifically listed herein, 9. Not third-Party) Beneficiary, Itis expressly understood and agreed that enforcement oft the terms and conditions of this MOU, and all rights of action relating to such enforcement, shall be strictly reserved tot the) Parties, and nothing contained in thisl MOU shall give or allow any such claim or right of action by any other or third person or entity on: such MOU, Itis the express intention of thej parties hereto that any person or entity, other than thel Parties, receiving services or benefits under this MOU: shall be 10. Bach] Party agrees tol be responsible: for its own liability incurred as a result ofi its participation int this MOU. In the event any claim isl litigated, each Party will be responsible for its own expenses of litigation or other costs associated with enforcing this MOU. No provision ofthis] MOUS shall be deemed or construed tol be ai relinquishment or waiver ofa any kind ofthes applicable limitation ofl liability provided to each. Party by the Colorado governmental Immunity Act, CRS.24-101-101 ets seq, and immediately terminate this MOU. int the proceeding document before thel MOU çan bei finalized. 7. Alls signatories have the appropriate delegation ofe authority to sign this MOU, deemed tol be incidental beneficiaries only. Article XI of the Colorado Constitution. Approving) Entitles Approving. Entities Signed: Name: Signed: Name: Title:, Entity: Title: Ciaiv BCC Entiy:meFfat Coucty State Confirmation Date: Name: Entity: Digitallys signed Williams 09:27:43-0700' Signed: AnnM byAnnM Title: WilliamsDate: 2024.11.22 Page 40f94 MEMORANDUM OF UNDERSTANDING Between JACKSON COUNTY and PROWERS COUNTY INTRODUCTION: This Memorandum ofUnderstanding ("MOU") is entered intol by and between Prowers County, Colorado body corporate and politicl by and through its Board of County Commissioner ("Prowers County'), and. Jackson County, Colorado ("Jackson County") al body corporate andj politic by and through its Board of County Commissioners. Prowers County and. Jackson County shall jointly be referred to as the "Parties." PURPOSE: 1. This] MOU is developed in partnership between Prowers County and. Jackson County, with confirmation by the State ofColorado ("State"), for Prowers County to manage and administer calls to the hotline 2, Prowers County, through its Hotline County Connection Center ("HCCC"), agrees to answer and process Child' Welfare ("CW"): related and. APS: related hotline calls on behalf of] Jackson County ("Call Coverage Services"). Prowers County will perform thet tasks outlined in this MOU as they relate to Call Coverage Services. Jackson County will perform thet tasks identified int the) MOU to assist thel HCCC with successfully receiving thel Hotline calls so. Jackson County can complete thei final disposition of regarding persons that reside inj Jackson County, Colorado. each call. 1. TermofMOU: 2025. extension. 2. Amendments: TERM, AMENDMENT, TERMINATION: a. This MOU becomes effective. January 1, 2025 for thej period of1 12 months, ending December: 31, b, Thej parties shall notify each other at least 30 days prior to expiration of thel MOU to execute an Thel Parties may request changes to this MOU, which shall be effective only upon the written b. Any changes, modifications, revisions, or amendments tot this MOU shail be incorporated by written instrument, executed and signed by thel Parties, and willl be effective in accordance with thet terms a. Any party may, ati its sole discretion, terminate or cancel thel MOU upon 30 days' written notice to agreement oft thel Parties. and conditions contained herein. 3. Termination: the other party. RATE FOR SERVICES: 1. The calculations used to determine the rate oft the Call Coverage Services are based on an annual projection oft thei number of Child Protection Program Area 5, Program Area 4, and Institutional reports taken and: an equivalent number of Other Child' Welfare ("Other CW")) Inquiryr related call reports. For a. Projected numbers of Program Area 5, Program Area 4, Institutional, Other CW, and APS reports willl bel based on a combination ofi information from thel Results Oriented Management datal base and the actual numbers of calls: received through thel HCCC for the previous 12 months. purposes oft thisl MOU, 10 Other CW calls will equal one: report. Page1of4 2. Jackson County is allocated twelve free reports, child abuse/neglect or APS reports, each quarter fora 3. Prowers County has entered into agreements with other Colorado counties toj provide thes same services as contemplated in this MOU. Int the event thel HCCC must expend additional funds to accommodate adding additional positions tot take calls on behalfofall oft the other counties including Jackson County, the cost oft that expansion may bej proportionately distributed amongst all oft the counties that receive HCCC Call Coverage Services. Should this situation arise, Jackson County will ber notified 60 days in advance ofa any additional costs required for HCCC's services soi it can determine whether to terminate 4. Prowers County willi invoice for the Call Coverage Services. Invoices shall: include a description oft the services performed as. Jackson County may request. Jackson County will submit payment for services 5. The rates of Call Coverage Services provided to. Jackson County pert thet terms of thel MOUare: total of4 481 free reports of any typej per year. thel MOU. satisfactorily performed within 60 days ofreceipt. Estimated mumber of Child Abuse/Neglect Reports Jan 2025 - Dec2 2025 20 0 20 -48 -28 25.00 0.00 1 25.00 0.00 0.00 C/W Inquiries 0 Total Estimated Reports Less the Allotment of Reports (12 per quarter) Total Estimated Reports tol be billed Rate per Report Estimated Investment for C/W Reports Estimated number of APS reports Jan 2025 Dec 2025 Rate per APS Report Estimated Investment for APS reports Total Investment for Call Coverage services reports ofanyt type per quarter. Divided by 10 $ $ $ $ $ 6. Jackson County willl bel billed quarterly for actual number of reports taken, less the allotted reports of12 JOINT: RESPONSIBILITIES SHARED BETWEEN. Jackson COUNTY AND: PROWERS COUNTY: HCCC: 1. Both Prowers County and. Jackson County acknowledge that the State of Colorado! Department of 2. This MOU was preceded by an official request for Call Coverage Services from the Board of County 3. Both parties understand that nothing int this MOU supersedes or replaces each party/srequirementis: and responsibilities to follow and adhere to all requirements as set forth: in state andi federal statute, Volume Human Services must approve this MOU prior toi final execution. Commissioners for. Jackson County. 7Rules and/or) Division of Child Welfarel Policy. GENERALRESPONSIBILITIES OF PROWERS COUNTYI HCCC: 1. The Prowers County HCCC will make the appropriate routing changes and take all calls for Jackson County on ai full-time basis. Full-time is defined as 7 days per week, 241 hours a dayi including holidays. All next step decisions regarding Hotline call records willl bel left toi the discretion of Jackson County. Jackson County willl bei responsible to complete ai review ofall information in the' Trails Hotline 2. All next step decisions regarding Hotline call records willl be left to the discretion of. Jackson County. Jackson County willl be responsible to complete a1 review ofalli information in' THA and' Trails to ensure 3. Child Welfare Reports, which can be referred to as Referrals, taken by thel HCCC will be entered into the' THA, submitted, and transferred to Jackson County's Trails Inbox. HCCC will: notify. Jackson Application ("THA") and' Trails to ensure appropriate disposition. appropriate disposition. Page: 2of4 County ofa a referral via email during business hours and by personal contact during after-hours (pursuant to Volume 71 Rules). It willl be the responsibility of. Jackson County to check thej pending HCCC will provide the Hotline ID and/or Referral I number (pursuant to Volume 71 Rules) to an 4. Ifthel HCCCI believes thei report is of ani immediate response nature, the HCCC will: notify. Jackson 5. Information and] Referral(non-Cw) calls will be sent to. Jackson County's] Pending Incoming Hotline Queue (pursuant to Volume 71 Rule). It willl be the responsibility of Jackson County to check the pending queue and manage the final disposition of all records. Call purpose will be included in the comments. Callers will be redirected" back toi the. Jackson County main Department of Human Services IfHCCC receives a call from law enforcement or medical personnel that requiresi immediate response from. Jackson County, HCCC will transfer the call to a. Jackson County on-call designee. Ifthe. Jackson County on-call designee is not available, HCCC will take ai message and continue to make attempts to notify the County. Ifappropriate, the HCCC will take a report while notifying the County. 7. APS reports will be documented in the Colorado Adult Protection System, ("CAPS") and int the THA, Once complete, the record willl bet transferred tot the County's Pending Incoming Hotline Queue. a. Ifan APS call is regarding an adult over 70 years old, thel HCCC will document the call ini the" THA and advise the reporter to call local law enforcement. Thel HCCC will then notify the County ofthe b. Notification to. Jackson County that an APS report hasl been taken by the HCCC will be madel by queue and manage the final disposition ofa all records. entity designated by. Jackson County. County whilei information is being entered: into the' THA or CAPS. number. Jackson County can request al brief synopsis. Jackson County will confirm: receipt and update int the' THA. call. email during both open and after-hours. GENERAL RESPONSIBILTVES OF Jackson COUNTY: 1. Jackson County will provide an updated list ofon-call Jackson County employees' name(s) or designees and telephone/celiphone numbers and email addresses at all times. The on-call list will include backup contact name(s) and number(s) and email addresses in case thei first employee is unable to answer within the notification time frame as outlined: in Volume 71 Rules. Ifthe designee changes, iti is Jackson County's responsibility to immediately inform thel HCCC oft the change and toj provide the required 2. Jackson County will notify thel HCCC ofa any special circumstances where. Jackson County staff will be unavailable by email (business hours) or voice elephone'celphone (i.e. employees arei inc court, meetings, training after-hours, etc.) Jackson County should make every attempt to identify another entity that cani receive notitications. This can be any entity designated by. Jackson County. contact information. GENERAL PROVISIONS: 1. This MOU is not intended to create any agency or employment relationships between the parties nor is 2, Nothing contained herein shall be construed as a waiver of any party or any immunity at law including 3. No modification or waiver oft this MOU or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by thej party to be charged therewith. 4. Thisl MOU and thej parties conduct hereunder shall bes subject to local, state and federal laws and regulations, including requirements associated with confidentiality ofi information and HIPAA privacy iti intended to create any third-party rights or beneficiaries. immunity granted under the Colorado Governmental immunities Act. requirements. Page 3of4 5. The Parties to this MOU: are subject to thej provisions ofColorado Constitution, Article X, Section 20 regarding multiple fiscal year obligations. Therefore, no obligation extending beyond December 31, 2025: shall be enforceable: unless and until County, acting through the Board, has adopted al budget for 2026 providing for payment of such obligations. Jackson County shall immediately: notify Prowers County should funding under this MOU fail to be appropriated in suchi instance, Prowers County may 6. Allt three oft the authorizing and confirming agencies listed below must agree tot the conditions set forth 8. Thisl MOUis subject to all applicable federal, state and local laws, regulations and rules, whether nowi in force orl hereafter enacted or promulgated. Ifanyt term or provision oft this MOU is held tol be invalid or illegal, such term or provision shall not affect the validity or enforceability oft the remaining terms and provisions. Meetingt the terms oft this MOU: shall note excuse any failure to comply with all applicable laws and regulations, whether or not these laws andi regulations are specifically listed] herein. 9. Not third-Party Beneficiary. Etise expressly understood: and agreed that enforcement oft thet terms and conditions oft this MOU, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties, and nothing contained! in this MOU shall give or allow any such claim or right of action by any other or third person or entity on such MOU. Iti is the express intention oft the parties hereto that any person or entity, other than the Parties, receiving services or benefits under this MOUS shall be 10. Each Party agrees tol bei responsible fori its own liability incurred as ai result ofi its participation: in this MOU. In1 the event any claim is litigated, each Party willl bei responsible for its own expenses of litigation or other costs associated with enforcing this MOU. No provision ofthis MOU shalll be deemed or construed to be a relinquishment or waiver ofa any kind ofthez applicable limitation of liability provided to each Party by the Colorado govemmental Immunity Act, C.R.S.: 24-101-101 ets seq. and immediately terminate this MOU. in thej proceeding document before thel MOU can bei finalized. 7. All signatories have the appropriate delegation of authority to signt this MOU. deemed tol be incidental beneficiaries only. Article XI oft the Colorado Constitution. Approving) Entities Approving Entities Signed: HLH Name: LbLbE Title: LAmEsIoN Ghere Entity: Jaersow Luwny Signed: Name: Title: Entity: State Confirmation Date:, Signed: Name: Entity:. Digitally signed -Williams 09:25:37-0700 AnM by Ann M Title: WilliamsDatez 2024.11.22 Page 4 of2 Docusign Envelope ID: CB845A0A-2F17-49FB-A86-0F9A50CAD580 IALIL, riv BoardDocse Plus EAGLE COUNTY Agenda Item Details Meeting Category Subject Access Type Preferred Date Absolute Date Fiscal Impact Dollar Amount Budgeted Budget Source Recommended Action Goals Jan 01, 2050 *****Signature Workflow***** B.C County Manager County Public Action Dec 09, 2024 Dec 02, 2024 Yes 18,675.00 Yes 1110-536 please approve. 80. Memorandum of Understanding Between Eagle County, Colorado and Prowers Goal 5. Eagle County is a High-Performing Organization Goal 2. Eagle County is a Great Place to Live for All Public Content Prepared By: Melissa Barbour Department: Human Services with confirmation Executive Summary: This MOU is developed in partnership between Prowers County and Eagle County, by the State of Colorado ("State"), for Prowers County to manage and administer calls to the hotline Prowers County, through its Hotline County Connection Center ("HCCC"), agrees to answer and process Child Welfare ("CW") related and Adult Protective Services ("APS") related hotline calls on behalf of Eagle County ("Call Coverage Services"). Prowers County will perform the tasks outlined in this MOU as they relate to Call Coverage Services. Eagle County will perform the tasks identified in the MOU to assist the HCCC with successfully receiving the hotline calls sO Eagle County can complete regarding persons that reside in Eagle County, Colorado. the final disposition of each call. Reviewing Attorney: Lane Sheldon County Manager signature?: Yes Approved as to form: -Docusigned by: dane Sleldon B65856088B81445- htpsulgaboardcocscommblgeoBoandnitiPivaleopensiogn 1/2 Docusign Envelope ID: CB845A0A-2F17-49FB-A868-0F9A50CAD580 MEMORANDUM OF UNDERSTANDING Between EAGLE COUNTY and PROWERS COUNTY INTRODUCTION: This Memorandum ofU Understanding ("MOU") is entered into by and between Prowers County, Colorado body corporate and politic by and through its Board of County Commissioner ("Prowers County'), and Eagle County, Colorado ("Bagle County") al body corporate and politic by and through its Board of County Commissioners. Prowers County and Eagle County shallj jointly be referred to as the "Parties." PURPOSE: 1. This MOU is developed in partnership between Prowers County and Eagle County, with confirmation by the State of Colorado ("State"), for Prowers County to manage and administer calls to thel hotline 2. Prowers County, through its Hotline County Connection Center ("HCCC"), agrees to answer and process Child' Welfare ("CW") related and. Adult Protective Services ("APS") related hotline calls on behalf of Eagle County ("Call Coverage Services"). Prowers County will perform thet tasks outlined in this MOU ast they relate to Call Coverage Services. Eagle County willj perform the tasks identifiedi in the MOU to assist the HCCC with successfully receiving the hotline calls so. Eagle County can complete regarding persons that reside in Eagle County, Colorado. the final disposition of each call. TERM, AMENDMENT, TERMINATION: 1. Term ofMOU: 2025. extension. 2. Amendments: This MOU becomes effective October 1, 2024 for the period of 12 months, ending September 30, b. Thej parties shall notify each other at least 30 days prior to expiration of the MOU to execute an a. Thel Parties may request changes to this MOU, which shall be effective only upon the written b. Any changes, modifications, revisions, or amendments to this MOU shall be incorporated by written instrument, executed and signed by thel Parties, and will be effective in accordance with the terms a. - Any party may, at its sole discretion, terminate or cancel the MOU upon 30 days' written notice to agreement of thel Parties. and conditions contained herein. 3. Termination: RATE: FOR SERVICES: the other party. 1. The calculations used to determine the rate ofthe Call Coverage Services are based on an annual projection oft the number of Child Protection Program Area 5, Program Area 4, and Institutional reports taken and an equivalent number of Other Child Welfare ("Other CW") Inquiry related call reports. For a. Projected numbers ofl Program Area 5, Program Area 4, Institutional, Other CW, and APS reports willl be based on a combination ofi information from the Results Oriented Management data base and the actual numbers of calls received through the HCCC for the previous 12 months. purposes oft this MOU, 10 Other CW calls will equal one report. Page 1 of4 Docusign Envelope ID: CB845A0A-2F17-49FB-A868-0F9A50CAD580 2. Eagle County is allocated twelve free reports, child abuse/neglect or APS reports, each quarter fora 3. Prowers County has entered into agreements with other Colorado counties toj provide the same services as contemplated in this MOU. In the event thel HCCC must expend additional funds to accommodate adding additional positions to take calls on behalf ofall oft the other counties including Eagle County, the cost of that expansion may be proportionately distributed amongst all oft the counties that receive HCCC Call Coverage Services. Should this situation arise, Eagle County willl be notified 60 days in advance ofany additional costs required for HCCC's services soi it can determine whether to terminate 4. Prowers County will invoice for the Call Coverage Services. Invoices shall include a description oft the services performed. as Eagle County may request. Eagle County will submit payment for services 5. The rates of Call Coverage Services provided to Eagle County per the terms oft the MOU are: total of 48 free. reports of any type per year. thel MOU. satisfactorily performed within 60 days ofr receipt. Estimated number of Child Abuse/Neglect Reports Oct 2024 - Sept 2025 694 25 719 -48 671 $ 25.00 $ 16,775.00 76 $ 25.00 $ 1,900.00 18,675.00 C/W Inquiries 250 Total Estimated Reports Less the Allotment of] Reports (12 per quarter) Total Estimated Reports tol bel billed Rate per Report Estimated Investment for C/W Reports Estimated number of APS reports Oct 2024 - Sept 2025 Rate per APS Report Estimated Investment for APS reports Total Investment for Call Coverage services reports ofany type per quarter. Divided by 10 6. Eagle County will bel billed quarterly for actual number of reports taken, less the allotted reports of1 12 JOINT RESPONSIBILITIES SHARED BETWEEN EAGLE COUNTY AND PROWERS COUNTY HCCC: 1. Both Prowers County and Eagle County acknowledge that the State of Colorado Department of Human 2. Thisl MOU was preceded by an official request for Call Coverage Services from the Board of County 3. Both parties understand that nothing int this MOU supersedes or replaces each party's requirements and responsibilities to: follow and adhere to all: requirements as set: forth in state and federal statute, Volume Services must approve this MOU prior to: final execution. Commissioners for Eagle County. 71 Rules and/or Division ofChild Welfare Policy. GENERAL RESPONSIBILITIES OF PROWERS COUNTY HCCC: 1. Thel Prowers County HCCC will make the appropriate routing changes and take all calls forl Eagle County on a full-time basis. Full-time is defined as 7 days per week, 241 hours a dayi including holidays. All next step decisions regarding Hotline call records willl be left to the discretion of] Eagle County. Bagle County will be responsible to complete a review of alli information in the Trails Hotline 2. All nexts step decisions regarding Hotline call records will be left to the discretion of Eagle County. Eagle County willl be responsible to complete a review of all information in THA and' Trails to ensure 3. Child Welfare Reports, which can ber referred to as Referrals, taken by the HCCC will be entered into the THA, submitted, and transferred to Eagle County's Trails Inbox. HCCC will notify Eagle County of Application ("THA") and' Trails to ensure appropriate disposition. appropriate disposition. Page 2of4 Docusign Envelope ID: areferral via email during business hours and by personal contact during after-hours (pursuant to Volume 71 Rules). It willl be the responsibility of Eagle County to check the pending queue and manage a. HCCC will provide thel Hotline ID and/or Referral ID number (pursuant to Volume 71 Rules) to an 4. Ifthel HCCCI believes the reporti is ofa an immediate response nature, the HCCC will notify Eagle County 5. Information and Referral(non-Cw) calls willl be sent to. Eagle County's Pending Incoming Hotline Queue (pursuant to Volume 71 Rules). It will be the responsibility of Eagle County to check the pending queue andi manage the final disposition ofall records. Call purpose willl be included in the comments. Callers will ber redirected' back to the Eagle County main Department ofl Human Services number. 6. IfHCCC receives a call from] law enforcement or medical personnel that requires immediate response from Eagle County, HCCC will transfer the call to an Eagle County on-call designee. Ifthe Eagle County on-call designee is not available, HCCC will take ai message and continue to make attempts to notify the County. Ifappropriate, the HCCC will take ai report while notifying the County. 7. APS reports willl be documented in the Colorado Adult Protection System, ("CAPS") and in the THA. Once complete, the record will be transferred tot the County's Pending Incoming Hotline Queue. Eagle a. Ifan APS call is regarding an adult over 70 years old, thel HCCC will document the call int the THA and advise the reporter to call local law enforcement. The HCCC will then notify Eagle County of b. Notification tol Eagle County that an APS report has been taken by the HCCC willl be made by email the final disposition ofall records. entity designated by Eagle County. while information is being enteredi into the THA or CAPS. Eagle County can request al brief synopsis. County will confirm receipt and update in the' THA. the call. during both open and after-hours. GENERAL RESPONSIBILITIES OF EAGLE COUNTY: 1. Eagle County will provide an updated list of on-call Eagle County employees' name(s) or designees and telephone/celphone numbers and email addresses at all times. The on-call list will includel backup contact name(s) and number(s) and email addresses in case the: first employee is unable to answer within the notification time frame as outlined in Volume 71 Rules. Ift the designee changes, iti is Eagle County's responsibility to: immediately inform thel HCCC oft the change and to provide the required contact 2. Eagle County will notify thel HCCC of any special circumstances where Eagle County staff will be unavailable by email (business hours) or voice elephone/celphone (i.e. employees are: in court, meetings, training after-hours, etc.) Eagle County should make every attempt to identify another entity that can: receive notifications. This can be any entity designated by Eagle County. information. GENERAL PROVISIONS: 1. Thisl MOUisI noti intended to create any agency or employment relationships between the parties nor is 2. Nothing contained herein shall be construed as a waiver ofa any party or any immunity at law including 3. No modification or waiver of this MOU or ofany covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by thej party to be charged therewith. 4. This MOU and thej parties conduct hereunder shall be subject to local, state and federal laws and regulations, including requirements associated with confidentiality ofinformation andl HIPAA privacy iti intended to create any third-party rights or beneficiaries. immunity granted under the Colorado Governmental immunities Act. requirements. Page 3of4 Docusign Envelope ID: CB845A0A-2F17-49FB-A868-0F9A50CAD580 5. Thel Parties to this MOU are subject to the provisions of Colorado Constitution, Article X, Section 20 regarding multiple fiscal year obligations. Therefore, no obligation extending beyond December 31, 2025 shall be enforceable unless and until County, acting through the Board, has adopted al budget for 2026] providing forj payment ofs such obligations. Eagle County shall immediately notify Prowers County should funding under thisl MOU fail to be appropriated in suchi instance, Prowers County may 6. All three oft the authorizing and confirming agencies listed below must agree to the conditions seti forth 8. This MOU is subject to all applicable federal, state and local laws, regulations and rules, whether nowi in force or hereafter enacted orj promulgated. Ifany term or provision oft this MOU isl held tol bei invalid or illegal, such term or provision shall not affect the validity or enforceability of the remaining terms and provisions. Meeting the terms of this MOU: shall not excuse any failure to comply with all applicable laws and regulations, whether or not these laws and regulations are specifically listed herein. 9. No third-Party Beneficiary. Iti is expressly understood and agreed that enforcement oft thet terms and conditions of this MOU, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties, and nothing contained in this MOU shall give or allow any such claim or right of action by any other or third person or entity on such] MOU. Iti is the express intention of the parties hereto that any person or entity, other than thel Parties, receiving services or benefits under this MOU shall be 10. Each Party agrees tol be responsible fori its own liability incurred as a result ofi its participation int this MOU. Ini the event any claim is litigated, eachl Party will be responsible for its own expenses of litigation or other costs associated with enforcing this MOU. Noj provision ofthis] MOU shall be deemed or construed tol be a relinquishment or waiver of any kind of the applicable limitation ofl liability provided to each Party by the Colorado governmental Immunity Act, C.R.S. 24-101-101 et seq. and immediately terminate this MOU. in the proceeding document before thel MOU can be finalized. 7. All signatories have the appropriate delegation of authority to sign this MOU. deemed to be incidental beneficiaries only. Article XI of the Colorado Constitution. Approving Entities Approving Entities Signed: Title: Entity: Signed: Name: Title: Entity: Name: Lanie Myers-Mireles State Confirmation Date: Signed: Name: Title: Entity: Page 4of4 PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 12/17/24 Submitter: Department of] Human Services Submitted to the County Administration Office on: 12/10/24 Return Originals to: Department ofHuman Services Number of originals to return to Submitter: 1 Contract Due Date: by January 1,2 2025 Item Tite/Recommended Board Action: "Consider approval of 2025 Independent Contractor Agreement for Chief Financial Officer services between Lisa Neuhold-Farmer and Prowers County Department ofH Human 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: Additional Approvals (ifrequired): PLEASE. ATTACH THIS SHEET TO. ALL. AGENDA! ITEMS WHEN SUBMITTINGTO COUNTY ADMINISTRATION. THANK YOU! INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is effective beginning the 1*t day of January, 2025, and is by and between the Board of County Commissioners of Prowers County ("Prowers County"), and Lisa Neuhold-Farmer ("Contractor"), 108 W. Chestnut St., Lamar, CO 81052. WHEREAS, Prowers County desires to contract with Contractor to perform financial and accounting services as the Chief] Financial Officer ("CFO"): for the Prowers County Department ofHuman Services ("Department") in accordance with the terms of this Agreement; and WHEREAS, Contractor desires toj perform financial and accounting services as the CFO for the NOW THEREFORE, in consideration for the mutual promises made herein, Prowers County and the Department on an independent contractor basis as set forth ini this Agreement, Contractor agree as follows: 1) Scope of Service The ChiefFinancial Officer will agree to provide the following: Budget: Performs the yearly budget for the Department of Human Services and H3C CFMS: Reconciles the State information in CFMS with data in CYMA Financial Statements: Prepares monthly and yearly financial statements for thel Board ofHuman Services; for the County Auditor; and for the State ofColorado Grants: Performs financial reconciliation ofa all grants awarded to the Department of Human Services CYMA: Reconciles financial information in CYMA; including Accounts Receivable, Accounts Payable, Inventory, and General Ledger for DHS and H3C Reports: Prepares monthly MSR reports for the Board of County Commissioners, and al Publication Welcome Home Center: Prepares the budget, financial reports, and reconciliation processes for the Treasurer: Reconciles the monthly Treasurer report; Settlements from State, Settlements from Medicaid; and other EFT due in for Department of Human Services, as well as H3C report for the newspaper; prepares State and Federal reports as requested Welcome Home Center Child Care Center 2. Compensation: Prowers County shall pay the Contractor as follows: A: flat fee of$4,500.00 per month to perform financial and accounting services for the Prowers County. Department of Human Services. Payment pursuant to this Agreement shall be made as a flat fee, in whole or inj part, from available funds per month. Payment shall be made on or before the 10"h day of each month for the prior month's services. Contractor will provide all necessary financial and accounting services for the Department during the Upon advance written approval by the Department Director, Contractor will be reimbursed for the a) Mileage to any meetings or trainings, including annual conference, will be reimbursed at the current term oft the agreement within available contracted funds. following expenses upon presenting adequate receipts: Prowers County rate. b) Any out of town meals required for meetings and trainings related to Department business will be reimbursed in accordance with thej per diem rates currently utilized by Prowers County Department c) Any lodging required for out oft town meetings and trainings pertaining tol Department business will ofHuman Services. be reimbursed at the actual cost oflodging with ai receipt required. d) Prowers County will provide to Contractor IT support. Reimbursement for mileage, meetings or trainings will be limited to no more than five (5) monthly Financial Officers Group (FOG) meetings, four (4) quarterly regional accountant meetings, annual conference, annual accountant'auditor training, and no: more than one (1) State training. Any travel, trainings or meetings in excess oft the abovementioned will bei the responsibility ofthe Contractor, 3.Available Funds: This contract is subject to and contingent upon the continuing availability of budgeted agency funds and the continuing availability ofs state and federal funds for thej purposes hereof. 4. Term: The term oft this Agreement shall be for twelve (12) months beginning January 1, 2025 and Either party may terminate this agreement with thirty (30) days' prior written notice to the other party. 5.1 Relationship: The parties understand and agree that Contractor is an independent contractor and that Contractor is not an employee ofProwers County, nor is Contractor entitled to Prowers County employment CONTRACTOR UNDERSTANDS AND AGREES THAT CONTRACTOR IS NOT ENTITLED TO WORKERS' COMPENSATION OR UNEMPLOYMENT BENEFITS AND THAT CONTRACTOR, IS OBLIGATED TOPAYI FEDERAL. ANDS STATE INCOME TAX ON. ANY MONEYS EARNED and will not be considered reimbursable. continuing through December 31, 2025. The flat fee of$4,500.00 per month will bej prorated to the date oft termination, ifapplicable. benefits. PURSUANT TO' THIS CONTRACT. 6. Work Product: Any data, reports, documents, or information provided by Prowers County to the Contractor during the performance of services under this Agreement and any reports or other writings required under the services ofthis Agreement shall be and remain the sole property of Prowers County at all times. Contractor will maintain confidentiality ofa all records as required by law. 7.I Indemnification and Insurance: Contractor shall indemnify and hold harmless Prowers County from and against all claims, damages, losses, and expenses arising out oforresulting from acts or omissions ofthe Contractor: in thej performance oft the services by Contractor. 8. Civil Rights Compliance: Contractor certifies that Contractor is in compliance with State and Federal 9. Assignment: This Agreement is forj personal services predicated upon Contractor" S special abilities or knowledge, and Contractor shall not assign Agreement in whole or in part without prior written consent of statutes regarding Civil Rights. Prowers County. 10. Entire Agreement: This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding relating to the subject matter oft this Agreement. 11.Modification: This Agreement may be modified or amended only by a duly authorized written 12. Statutory County. Prowers County, Colorado, which is a statutory countyi ini the State of Colorado, 13. Venue. Jurisdiction for any dispute under this agreement shall be exclusively in the Prowers County, Colorado District or County Court sitting without jury inl Lamar, Colorado, and the Court shall award tol Prowers County, ifiti is the substantially: prevailing party, its attorney fees, expert witness fees, court costs instrument executed by the parties hereto. reserves all rights as a statutory entity, including governmental immunity as provided by law. and any other litigation expense. 14. Illegal Aliens. Contractor certifies that Contractor shall comply with the provisions of C.R.S.8 8- 17.5-101 ets seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien toj perform work under this contract. Contractor represents, warrants, and agrees that Contractor (i) has verified that Contractor does not employ any illegal aliens, through participation in thel Basic Pilot Employment Verification Program administered by the Social Security Administration and! Department of Homeland Security, and (ii) otherwise will comply with the requirements ofC.R.S. 8-17.5-102/2)(6). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by Colorado Department ofI Labor and Employment. If Contractor fails to comply with any requirement oft this provision or C.R.S. 8-17.5-101 et seq., Prowers County may terminate this contract for breach and Contractor shalll bel liable for actual and consequential damages to Prowers County. 15. .Officials Not To Benefit. No official or employee of Prowers County shall directly or indirectly receive or be paid any share or part oft this Agreement or any benefit that may arise therefore in violation of Article 29 ofthe Colorado Constitution. Contractor warrants that Contractor has not retained any company or person (other than al bona fide employee working solely for Contractor) to solicit or secure this Agreement, and that Contractor has not] paid or agreed toj pay to any company or person, (other than al bona fide employee working for Contractor), any fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or resulting from the award ofthis Agreement to Contractor. Upon discovery of any breach or violation of this provision, Prowers County shall have the right to terminate this Agreement. CONTRACTOR Lisa Neuhold-Farmer By: Address: Puku-fzmmer AAah 108W. Chestnut Lamar, CO 81052 BOARD OF COUNTY COMMISSIONERS OFPROWERSCOUNTY By: CHAIRMAN PROWERS COUNTY DEPARTMENT OF HUMAN! SERVICES By: DIRECTOR PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 12/17/24 Submitter: Department ofH Human Services Submitted to the County Administration Office on: 12/10/24 Return Originals to: Department of Human Services Number of originals to return to Submitter: 1 Contract Due Date: by January 1, 2025 Item Title/Recommended Board Action: "Consider approval oft the Memorandum ofUnderstanding #2 Between The Colorado Department ofEarly Childhood and Prowers County Department of Human Services effective January 1,2025 and authorize Lanie Meyers-Mireles, Director ofHuman Services, to execute the via DocuSign." Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: 1Zu Other: Approved by the County Attorney on: Additional Approvals (if required): PLEASE ATTACH THIS SHEET' TO ALL. AGENDA ITEMS WHEN SUBMITTING TO COUNTY ADMINISTRATION. THANK YOU! Docusign Envelope ID: COLORADO Department ofE EarlyChildhood OnBase Number 32168850 Memorandum of Understanding Amendment #2 The Colorado Department of Early Childhood Prowers County Department of Human Services Between and This Amendment No. 2 ("Amendment") is effective as of January 1, 2025, or upon the date of execution, whichever is later, and amends the Memorandum of Understanding (MOU) executed by and between the State of Colorado Department of] Early Childhood and the Board of County Commissioners or other elected governing body of Prowers County Department of Human Services (the "County") on December 21, 2022. The purpose oft this Amendment is as follows: 1.) Extend the term of the contract by 1 year, and 2.) Eliminate the requirement for an annual reaffirmation. Item 2. TERM: in the Memorandum ofUnderstanding shall be replaced with the following: The term of this MOU will be from January 1, 2023, through June 30, 2026. During the term, the MOU shall automatically renew on an annual basis unless either party gives written notice atl least 90 days prior to July 1 of each year, with the MOU expiring on July 1 ofthat year if either party 2.TERM invokes this option. By signing, both parties agree to the changes described ini the body oft this Amendment. Signature: Lanie Meyers-Mireles Director Date: Prowers County Department of Human Services Signature: Mary Alice Cohen Date: Director, Office of] Early Childhood Colorado Department of Early Childhood Page 1of1 PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 12/17/24 Submitter: Don Wilson, County Administrator Submitted to the County Administration Office on: 10/11/24 Return Originals to: Don Wilson, County Administrator Number of originals to return to Submitter: 1 Contract Due Date: N/A Item Tite/Recommended Board Action: Consideration approval of Master Service Agreement between Prowers County and Eagle View Technologies. Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: $_78,399.92 Federal: $ Approved by the County Attorney on: Additional Approvals (ifr required): State: $ Other: $ /eagleview CUSTOMER NAME: ATTN: CUSTOMERADDRESS: CUSTOMER PHONE: CUSTOMER E-MAIL: Prowers County, CO Andy Wyatt 301 South Main, Suite 205 Lamar, Colorado 81052 (719)336-8000 yati@powencounyne MASTER SERVICES AGREEMENT This Master Services Agreement ("Agreement") is entered into as oft the date of last signature below (the "Effective Date") by and between the Customer identified above ("Customer") and Pictometry Canada Corp. dba EagleView, with aj place oft business at 251 Methodist. Hilll Drive, Rochester, NY 14623(BagleView". Customer and! EagleView may be referred to individually as "Party" and, collectively, as "Parties." EagleView will provide the Products and Servicesi in accordance with and subject to the conditions of this Agreement during the applicable Term. GENERAL TERMS AND CONDITIONS 1. DEFINITIONS the Products and Services. Services are available to Customer. 1.1. "Account" means an account created for Customer by EagleView for thej purpose of providing access to 1.2. "Activation" means the point in time when Customer has access to an Account and the Products and 1.3. "Authorized User" means: () any employee or elected or appointed official of the Customer authorized by Customer to use the Products and Services; (ii) any additional users as may be defined in an Order Form (such as governmental subdivisions andt their employees or elected or appointed officials) all ofv whom are consideredi tol be agents of Customer for the purposes of Section 1.3; or (iii) a contractor of Customer, so long as Customer gives written notice ofi its intentt tou use: such contractor tol EagleView prior tol being granted access to the Products and Services and, unless EagleView expressly waives such requirement for any individual, has entered into a written 1.4. "Confidential Information" means any non-public information that isi identified as or would be reasonably understood to be confidential and/or proprietary as disclosed by al Party ("Discloser") to another Party ("Recipient"). Confidential Information of EagleView includes, buti is not limited to: (a)t the Products and Services including any related software code and Documentation; (b) thet terms of this Agreement including all Order Forms ands statements of work, as applicable, andi related pricing, and (c) EagleView'sr roadmaps, product plans, product designs, architecture, technology and technical information,' security audit reviews, business andi marketing plans, and business processes, however disclosed. Confidential Information will not include information that was (a)a att the time of disclosure, through no fault oft thel Recipient, already known and generally available tot thej public; (b) att the time of disclosure tol Recipient already rightfully known tot the! Recipient without any obligation of confidentiality; (c) disclosed to thel Recipient by a third party who had ther right to maket the disclosure without any confidentiality restrictions; or (d)i independently developed by the Recipient without access to or use oft thel Discloser's Confidential 1.5. "Documentation" means the materials describing the features and functions oft the Products and Services 1.6. "Fee" means the fees charged by EagleView: for the Products and Services asi identified: in an Order Form 1.7. "Intellectual Property Rights" means all worldwide intellectual property rights whether registered or unregistered including copyrights, patents, patent applications, trademarks, service marks, trades secrets, and all other agreement with] EagleView authorizing such access. Information. as may be updated from time to time by EagleView. orani invoice issued by EagleView. proprietary rights. Prowers ,CO)CIwRARD 1of9 V2.0_CAN € eagleview 1.8. "Malware" means any software program or codei intended tol harm, destroy, interfere with, corrupt, or cause undesired effects onj program files, data, or other information, executable code, or application software 1.9. "Order Form" means ar mutually agreeable order signed and dated by both Parties describing the Products and Services purchased by Customer. The Parties may enter into several Order Forms with each Order Form made part oft this Agreement. In the event ofa conflict between the terms ofthis Agreement anda an Order Form, the Order Form willp prevail; provided, however, that notwithstanding anything to the contrary, no Order Form shall exist or be 1.10. "Products and Services" means EagleView's proprietary products, services and content, whether or not identified in an Order Form, developed and owned or licensed by EagleView, its Affiliates (defined asi its directors, officers, employees, agents, representatives, advisors, and persons or entities which are controlled by or are under macros. effective except to the extenti iti is governed by this Agreement. common control with EagleView), and/or their licensors. 2. ACCESS. AND USE OF THEI PRODUCTS AND SERVICES 2.1. Access to the Products and Services. Subject to Customer's compliance with the terms ofthis Agreement, EagleView! hereby grants to Customer the right to access and use the! Products and Services identified on an Order Form(s) fori its internal business purpose on al limited, revocable, non-exclusive, non-transferable basis in accordance witht the scope of usei identified in the Order Form. Unless a different term oft the license, grant to Products and Services is set forthi in an Order Form, the right to access and use the! Products and Services for its internal business purpose during thet term of any Order Form(s) is the only right granted to Customer under this Agreement and any Order Form(s). EagleView willl have no liability for any loss or damage arising from Customer's failure to comply with the terms oft this Agreement. EagleView will provide Customer a primary administrator Account for managing and granting access to its Authorized Users. Customer will be responsible for activating Authorized Users through use oft the Account. Customer and its Authorized Users are responsible: for maintaining 2.2. Access Restrictions. Access by Customer and its Authorized Users to the Products and Services is subject 2.2.1. Customer will not access the Products and Services or Confidential Information ofl EagleView ina way that might adversely affect the security, stablity,perlommance, or functions oft the Products and Services. 2.2.2. Customer will not directly ori indirectly: (a) resell or sublicense the Products and Services, (b) modify, disassemble, decompress, reverse compile, reverse assemble, reverse engineer, ort translate any portion of thes software related to thel Products and Services; (c) create derivative works from the Products and Services; (d) use the Products and Services in violation of applicable law ort the rights of others; (e) perform any vulnerability or penetration testing of the Products and Services; () cause harm in any way to the Products and Services or cause. Malware tol harm the Products and Services; (g) work around the Products and Services' technical limitations; (h) remove any proprietary notices from thel Products and Services, software related tot thel Products and Services, documentation or any other EagleView materials furnished or made availablel hereunder; (i) access the: software related to thel Products and Services in order tol builda competitive product or service; or () copy any features, functions or graphics oft the software related to the 2.2.3. Customer willi not use the Products and Services in connection with any data that: (a) may create a risk ofharm or loss to any person or property; (b) constitutes or contributes to a crime or tort; (c) isi illegal, unlawful, harmful, pornographic, defamatory, infringing, ori invasive of personal privacy or publicity rights; (d) contains any information that Customer does not have the right to use; or (e) use the Products and Services, or any software or documentation related to the Products and Services, in violation ofe export the confidentiality ofa all passwords. tot thei following conditions: Products and Services. control laws andi regulations. Prowers County, CO1C10073620241210 2of9 vV2.0_CAN /eagleview 2.2.4. Customer andi its Authorized Users shall only use the Products and Services for the use and 2.2.5. EagleView may suspend thel Products and Services ifE EagleView determines, ini its reasonable discretion, that suspension is necessary to protect Customer or the Products and Services from operational, security, or other material risk, or ifthes suspension is ordered by a court or other tribunal. In such event(s), EagleView willj provide notice of suspension to Customer as soon as reasonably practicable. 2.3. Account Use. Customer is responsible for maintaining and keeping confidential its Account information, including passwords, usernames, and email addresses. fCustomer becomes aware of: () any violation oft thet terms oft this Agreement by an Authorized User or unauthorized access to an Account, or (ii) any compromise to an Account including unauthorized access to or disclosure of any Account information, passwords, usernames or login credentials, then Customer: must promptly suspend any relevant access andi notify EagleView. 2.4. Reservation of Rights. Except for the limited rights expressly granted herein, EagleView andi its Affiliates retain all right, title andi interest in all Intellectual Property Rights and technology related tol EagleView's proprietary Products and Services. Customer will preserve and! keepi intact all EagleView copyright, patent, and/or trademark notices presented in connection with thel Products and Services. Customer will not assert any implied or other rights in ort to any ofl EagleView's) Intellectual Property Rights orl Products and Services. From time to time, Customer may provide suggestions, ideas, enhancement requests, or other information on its use oft the Products and Services ("Feedback"). Customer agrees that EagleView willl have all right, title, andi interest to use such Feedback without purpose set outi int this Agreement, andi for no other purpose. any restrictions and without any payment or other compensation to Customer. 3. PAYMENT 3.1. Fees. Customer willj pay thel Fees within thirty (30) days ofreceipt ofinvoice. EagleView willl have thei right toa assess a late payment charge on any overdue amounts equal tot thel lesser of: () one and one-half percent (1.5%)p per month, or (ii) such rate as permitted pursuant to the Interest Act (R.S.C., 1985, C. I-15). Additional or different payment terms may bes set forthi int the Order Form. Alll Fees paid pursuant tot this Agreement and any applicable Order Form are non-refundable and all Products and Services ordered pursuant to an Order Form are non-cancelable, unless expressly statedt tot the contrary in the Order Form. In the event that] EagleView seeks legal recourse: for the collection ofany unpaid) Fees from Customer, Customer willl ber responsible: for all ofl EagleView's costs ofs such collection action ifEagleViewi is the prevailing party. Ifany] Fees are overdue by more than thirty (30) days, EagleView may, without limiting its other rights and remedies, suspend the! Products and Services until such amounts are paid in full, provided that, EagleView will give Customer atl least ten (10) days' prior notice thati its account is overdue. 3.2. Pricing Changes. Ifany Order Form is subject to renewal or extension, automatic or otherwise, EagleView may adjust the pricing for any Products and Services upon any renewal or extension of an Order Form by providing notice thereof atl least ninety (90) days prior to the date for such renewal or extension. 3.3. Taxes. Thel Fees do not include any levies, duties excise, sales, use, value added or other taxes, tariffs, or duties that may apply to thel Products and Services ("Taxes"). Customer is responsible for paying all Taxes associated with its purchases hereunder. If EagleView hast the legal obligation to collect Taxes from Customer, Customer will pay that amount tol EagleView unless Customer provides EagleView' with a valid tax exemption certificate. authorized by the applicable taxing authority prior tol billing. For clarity, EagleView is solely responsible for taxes assessable againsti it based on its income, property, and employees. 4. TERM. AND TERMINATION 4.1. Term. Thet term oft this Agreement will commence on thel Effectivel Date and will remain in effect for sO long as there exists an open Order Form and for aj period oftwelve (12) months thereafter ("Term"). After expiration or early termination, Customer will not have any access to content or any Products and Services. 4.2. Termination; Suspension. Either Party may terminate this Agreement or any Order Form upon) written notice to the other Party if: ()t thet non-terminating Party materially breaches this Agreement or any Order Form and failst to cure: such breach within thirty (30) days of delivery of written notice; or (i) the other Party becomes the Prowers County, ICI0IMAEO 3of9 v2.0_CAN € eagleview subject ofa aj petition in bankruptcy or any other proceeding relating toi insolvency, receivership, liquidation, or assignment for the benefit of creditors, such termination tol be effective immediately. EagleView may suspend access tot thel Products and Services int the event Customer isi in material breach oft this Agreement and such breach has not been cured within thirty (30) days' written noticet to Customer. In the event of suspension duet to Customer's material breach ofthis Agreement, Customer will remain liable for alll Fees applicable tot the Term that wouldi have 4.3. Effect ofTermination on Fees: EagleView Breach. In1 the eventt this Agreement ist terminated by Customer for ai material breach by EagleView, (a) where. EagleView. has fully delivered imagery to Customer, no refund ofi fees will be made, or (b) where Customer, att thet time oft termination, is accessing on-linei imagery and data access and/or software related to any Products and Services, EagleView will refund any unused prorated, prepaid 4.4. Effect ofTermination on Fees: Customer Breach. In the event this Agreement is terminated by EagleView for ar material breach by Customer or due to section 4.2 (ii) applying, Customer will be responsible for 4.5. Survival. Upon: any expiration or termination of any Order Form ort this Agreement, the following sections wills survive with respect thereto: 2.4 (Reservation of] Rights), 3( (Payment), 5( (Confidentiality,7@ndemnification), been paidi had access tot the Products and Services not been suspended. fees for thel Products and Services. all Fees and Taxes under any current Order Form(s). 8(Limitation ofLiability), and 9 (General Provisions). € CONFIDENTIALITY 5.1. Obligations. Eachl Party willl hold the other Party's Confidential Information in confidence with at least as much care as ith holdsi its own Confidential Information, andr neither Party will disclose any oft the other Party's Confidential Information to any third party. Each] Party may use the Confidential Information solely for purposes of its performance under this Agreement, andi may disclose such information toi its employees, subcontractors and professional: advisors only on a need-to-know basis, provided that such employees, subcontractors and professional advisors arel bound by obligations of confidentiality at least as restrictive as those set forth ini this Agreement. 5.2. Required Disclosure. Thel Recipient may disclose Confidential Information as required by court order, Freedom ofInformation Act request, or otherwise by law, provided that itg gives the Discloser prior written notice of such disclosure (tot the extent legally permitted) as well as reasonable assistance ifDiscloser seeks aj protective order to prevent the disclosure. Any disclosure pursuant to this Section 5.2 willl bei restricted to include the! least amount ofConfidential Information necessary to comply with the law or order. All costsi incurred by thel Recipient in connection with complying with such order willl be paids solely by thel Recipient. 6. WARRANTIES 6.1. Mutual Warranties. Each Party represents and warrants tot the other Party that: ()i itis an organization duly organized, validly existing andi in good standing undert the laws of thej jurisdiction ofi its formation, has all requisite power and authority to carry oni its business and to own and operate its properties and assets; and (ii) the individual signing thisl Master Services Agreement and any Order Forms has the requisite authority tol bind the party 6.2. EagleView Warranty. EagleView warrants that ()i ity will provide thel Products and Services with commercially reasonable care: and skill; and (ii) the Products and Services will conform tot the then-current Documentation in all material respects. In thee event ofal breach oft this warranty, Customer's sole and exclusive 6.3. Disclaimer. EXCEPT FOR EXPRESS WARRANTIES SET FORTHI IN THIS AGREEMENT, EAGLEVIEW. MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED INI FACT ORI BY OPERATION OF LAW, OR STATUTORY, AS TO. ANYI MATTER WHATSOEVER. EAGLEVIEW EXPRESSLY DISCLAIMS. ALLI IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR Al PARTICULAR PURPOSE. AND NON-INPKINGEMENT: EAGLEVIEW. DOES NOT WARRANT THATTHE. PRODUCTS AND: SERVICES (INCLUDING ANY SUPPORT: SERVICES) WILLI BE. ERROR. FREE OR WILLI MEET CUSTOMER'S! REQUIREMENTS. tot this Agreement andt the Order Form, respectively. remedy willl be as described in Section 4.3 Payments Upon Termination. Prowers County, CO_LC-10009736 2024-12-10 4of9 v2.0_CAN /eagleview CUSTOMER WILLI NOTE HAVE THEI RIGHT TOI MAKE ORI PASS ON ANY REPRESENTATIONS OR WARRANTY ONI BEHALF OF CUSTOMER TO. ANYTHIRD! PARTY. TOTHEI MAXIMUM: EXTENT PERMITTED BYLAW,THE PRODUCTS. AND SERVICES AND SUPPORT SERVICES AREI PROVIDED "AS IS." 7. INDEMNIFICATION 7.1. EagleView Indemnification. EagleView will defend Customer against any claim, demand, suit or proceeding madel by at third party alleging that the! Products and Services infringes thei intellectual property rights of such third party and willj pay all costs or damages that are: finally awarded by a court of competent jurisdiction (including reasonable attorneys' fees) or agreed toi in a written settlement signed by EagleView; provided, however, that Customer will: () notify EagleView! in writing within ten (10) calendar days ofi its receipt of notice oft the claim, (ii) give EagleView: sole control oft the defense and settlement oft the claim (except that EagleView will not settle any claim that results in liability or an admission ofl liability by Customer without Customer's prior written consent), and (ii) provide EagleView with all reasonable assistance, information, and authority necessary toj perform EagleView's obligations under this paragraph. Notwithstanding the foregoing, EagleView willl haver nol liability for any claim ofi infringement or misappropriation to the extent such claim arises from: (i) use ofthe Products and Services in combination with materials: including software, hardware, or content: not furnished by EagleView; or () 7.2. Remedies. In the event thel Products and Services arel held or is believed by EagleView toi infringe or misappropriate any Intellectual Property Rights ofat third party, EagleView willl have the option, ati its expense, to: ()replace thel Products and Service with ai non-infringing equivalent, (ii) modify thel Products and Services to be non-infringing, (iii) obtain for Customer al license to continue using thel Products and Services; or (iv) terminate this Agreement or any relevant Order) Form andi refund any prepaid, prorated fees fort the remainder oft the Term. The foregoing remedies constitute Customer's sole and exclusive: remedies and EagleView's sole liability with respect to 7.3. Customer. Indemnification. Customer will, ati its expense, defend EagleView from and against all third party claims and will pay any costs, losses or damages that are finally awarded (including reasonable attorneys' fees) or agreed toi ins settlement tot the extent arising out of Customer's breach oft this Agreement, provided that () EagleView. notifies Customer in writing within ten (10) calendar days ofi its receipt of written notice ofthe claim, (i) Customer has sole control oft the defense ands settlement oft the claim (except that Customer will not settle any claim thatr results in liability or an admission of liability by EagleView without EagleView's prior written consent), and (iri) EagleView provides Customer with all reasonable assistance, information, and authority necessary to perform Customer's breach oft this Agreement. any third-party infringement claim. Customer's obligations under this paragraph. 3. - LIMITATION OF LIABILITY 8.1. Consequential Damages. TO THE EXTENT. PERMITTED BYI LAW,IN: NO EVENT WILL EITHER PARTY ORI ITS. AFFILIATES BEI LIABLE TOTHE OTHER FOR. ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION, SPECIAL, ORI PUNITIVE DAMAGES OF ANY KIND OR1 NATURE, INCLUDING, BUTI NOTI LIMITED TO, LOSS OF USE, DATA, PROFITS, REVENUE, OR GOODWILL, WHETHER AN. ACTION: ISI BASED IN CONTRACT,TORT, OR OTHERWISE, REGARDLESS OF WHETHER EITHER PARTY. HAS BEEN ADVISED OF THEI POSSIBILITY OF SUCHI DAMAGES. 8.2. Limitation ofl Liability. EXCLUDING EITHER PARTY'S. INDEMNIFICATION OBLIGATIONS PURSUANTTO: SECTION 7, TOTHEI EXTENT. PERMITTED BYI LAW, THE AGGREGATE. AND CUMULATIVE LIABILITY OF EITHER PARTY INCLUDING ALL THEIR. AFFILIATES REGARDLESS OF THEI FORM OF ACTION, WHETHER IN CONTRACT OR TORT (INCLUDINGI BUTNOTLIMITED1 TO NEGLIGENCE) WILL INI NOEVENT EXCEED THETOTAL AMOUNT OFI FEES PAID. ANDI PAYABLEBY CUSTOMER: IN THETWELVE MONTHS PRECEDING THE. ACTIONS GIVINGI RISE TO' THE CLAIM. 9.1. Export Laws. Thel Products and Services and derivatives thereof may be subject to export laws and regulations oft the United States, Canada and otherj jurisdictions. EagleView and Customer each represent that itis 9. GENERAL PROVISIONS Prowers County, COICIWI2AEO 5of9 V2.0_CAN € eagleview not named on any U.S. government denied-party list. Customer will not permit any user to access, use, export, reexport, or transfer, directly ori indirectly, any Products and Services or contenti ina al U.S. or Canadian-embargoed country or region (including but not limited to Cuba, Iran, North Korea, Sudan, Syria, Crimea, or Russia) or in 9.2. No Third-Party Beneficiaries. Except as specifically identified in this Agreement, nothing in this Agreement is intended to confer upon any person other than the Parties and their respective successors or permitted 9.3. Independent Contractors. Nothing contained in this Agreement willl be deemed or construed as creating ajoint venture or partnership between any oft thel Parties hereto. Neither Party willl have thej power or authority to control the activities or operations oft the other, Atall times, the status of thel Parties willl bet that ofi independent 9.4. Force Majeure. Except with respect to Customer's payment obligations, each Party will be excused from performance under this Agreement, will not be deemed tol be in breach hereof, and willl have no liability tot the other Party whatsoever ife either party is prevented from performing any ofi its obligations hereunder, in whole or in part, as aresult ofal Forcel Majeure Event. A "Force Majeure Event" means an event or occurrence beyond the control of the nonperforming Party, such as an act of God or oft the public enemy, embargo or other act of government in either itss sovereign or contractual capacity, government regulation, travel ban or request, court order, civil disturbance, terrorism, war, quarantine restriction, epidemic, virus, fire, weather, flood, accident, strike, slowdown, delay in transportation, electrical power outage, interruption or degradation in electronic communications. systems, inability too obtain necessary labor, materials or manufacturing facilities, and other similar events. In the event of any delay resulting from a Force Majeure Event, any date of delivery hereunder willl be extended for ap period equal tot thet time 9.5. Security Assessment. Upon reasonable request, EagleView will assist Customer ini its EagleView security risk assessments by completing forms and providing reports that provide Customer with generally available information relating tol EagleView'si information security practices. Suchi information willi include high level overviews of implemented: security measures, such as access controls, encryption, or other means, where appropriate, and will provide details relating tol how Customer's Confidential Information is disclosed, accessed, 9.6. Assignment. Neither Party may assign any ofits rights or obligations hereunder, whether by operation of law or otherwise, without the other Party's prior written consent (nott tol be unreasonably withheld); provided, however, either Party may assign this Agreement ini its entirety (including all Order Forms), without the other Party's consent toi its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale ofa all or substantially all ofi its assets. Subject tot the foregoing, this Agreement willl bind andi inure to the benefit oft the 9.7. Governing Law. This Agreement will be governed by the laws oft the State ofl New York without regardt to conflict ofl law principles. Thel Parties agree that any claims, legal proceedings, disputes andl litigation arising out of ori in connection with this Agreement willl be brought solely ini the: state or federal courts located in thej jurisdiction in 9.8. Severability & Waiver. Thei failure of either Party to exercise any right or they waiver by either Party of any breach, will not prevent a subsequent exercise ofs such right or be deemed a waiver of any subsequent breach of the same, or any other provision of this Agreement. All waivers must be in writing and signed by the Party waiving its rights. Ifany section oft this Agreement isl heldt to bei invalid or unenforceable, thei remaining sections ofthis 9.9. Notices. Notwithstanding anything to the contrary int this Agreement, notices and other communications may be given or made pursuant to this Agreement via electronic mail. Notwithstanding the foregoing, any notice concerning a material breach, violation, ort termination hereof must bei in writing and willl be delivered: (a)b by certified orI registered mail; or (b) by ani internationally recognized express courier or overnight delivery service. All written notices or other written communications to! EagleView willl be provided to the address listed above and addressed to: ATTENTION:LEGAL DEPARTMENT. All written notices to Customer willl be sent to the address violation of any U.S. or Canadian export law or regulation. assigns, any rights, remedies, obligations, or liabilities whatsoever. contractors. lost because oft the delay. processed, and: stored (as applicable). Parties and their respective successors andj permitted assigns. which the Customer is based. Agreement willi remain in force to the extent feasible. Prowers County, CO,1C1009TX42024210 6of9 v2.0_CAN /eagleview identified ont the Order Form and addressed tot the individual signing said Order Form and willl be deemed tol have been duly given when delivered personally, when depositedi in the U.S. mail, certified or registered mail, or when deposited with an overnight courier or delivery service. With respect to notices and other communications. regarding EagleView's privacy policy, support plan, or other similar provisions, such notices will be deemed given when posted tol EagleView's website www.eagleview.com) or e-mailed to the Customer's. Account administrator(s). 9.10. Execution in Counterparts. This Agreement may be executed in one or more counterparts, each of which willl be deemed tol be: an original and all ofwhich together will constitute only one agreement. The execution and delivery of counterparts ofthis Agreement by electronic mail, electronic form (including execution by way ofan electronic or other signature stamp), website: submission, facsimile, or by original manual signature, regardless of the means or any such variation inj pagination or appearance willl bel binding upon thel Parties executing this 9.11. Order of Precedence. Int the event of any conflict, or inconsistency among the terms and conditions contained in documents comprising the. Agreement, such conflict or inconsistency shall be resolved according to the following order of precedence, with the first document listed having the highest precedence, :any exhibits in the order oft their attachment (for example, Exhibit A, then Exhibit B, etc.), the Order Form, and this Agreement. 9.12. Entire. Agreement. This Agreement, along with the Order Form(s), and any attached exhibits, which are alli incorporated into this Agreement by reference, contains the entire understanding of thel Parties with respect tot the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications between the Parties relating tos such subject matter. Thel Parties agree that any term or condition statedi in a Customer purchase order is null and void. This Agreement may not be amended or modified except by mutual written agreement. In the event that any court! holds any provision oft this Agreement as null, void, or otherwise ineffective ori invalid, such provision willl be deemed to bei restated tor reflect as nearly as possible the original intentions oft thel Parties in accordance with applicable law, andt the remaining provisions will remain in full force and effect. The unenforceability of any provision oft this Agreement will not affect the validity of thei remaining provisions hereof. A waiver by either Party ofal breach or failure toj perform hereunder will not constitute: a waiver of any subsequent Agreement. breach or failure. [Signature pagej follows] Prowers ,COCIau,BARD 7of9 v2.0_CAN /eagleview CUSTOMER PROWERS COUNTY,CO SIGNATURE: NAME: TITLE: EXECUTION DATE: EAGLEVIEW EAGLEVIEW aDelaware corporation SIGNATURE: NAME: TITLE: EXECUTION DATE: PICTOMETRY INTERNATIONAL CORP. DBA Prowers County, CO1C1000TX20X4210 8of9 v2.0_CAN e eagleview EXHIBITA AGREEMENT NON-STANDARD TERMS. AND CONDITIONS Thet terms and conditions oft this Exhibit Ai include all mutually agreed upon changes to the terms and conditions of this Agreement. In the event ofany conflict, ori inconsistency among the terms and conditions containedi in documents comprising the Agreement, such conflict or inconsistency shall be resolved according to the following order ofj precedence, with the first document listed having the highest precedence: any exhibits int the order oftheir attachment (for example, Exhibit A, then Exhibit B, etc.), the Order Form, andi this Agreement. Nota applicable tot this Agreement. [Remainder ofpage intentionally lef blank] Prowers County, COICIQP4202A1210 9of9 v2.0_CAN /€ eagleview ORDERI FORM Prowers County, CO CUSTOMER NAME: ORDER) FORM' TERM (DURATION): 6year(s) ORDER! FORM EFFECTIVE DATE: MASTER SERVICES. AGREEMENT EFFECTIVE DATE: This Order Formi isg governed byt thet terms and conditions ofthe! Master Services Agreement witht the effective date listed between Pictometry International Corp. dbal EagleView and Prowers County, CO. ORDER# LC-10009736 BILLTO Prowers County, CO Andy Wyatt 301 Southl Main, Suite 205 Lamar, Colorado 81052 (719)336-8000 yat@poweroumynet CUSTOMER ID A1291572 SHIP TO Prowers County, CO Andy Wyatt 301 South Main, Suite 205 Lamar, Colorado 81052 (719)336-8000 myati@powtrcoumyne SALES REP Jason] Brown REFRESH FREQUENCY Triennial REFRESHI QTY PRODUCTNAME 33 EagleView Cloud- - Imagery lin PRODUCT: DESCRIPTION Provides entitlement toi the EagleView Platform, as secure hostedi infrastructure and access tol EagleView enabled workflow, analytics, and high-resolution imagery to dramatically improve efficiency for government agencies. Includes regular refreshes of ortho and obliquei imagery att the GSD and frequency specified. Target capture season subject to weather and airspace permissions. Services term commences on date of Provides entitlement tot thel EagleView Platform, as secure hosted infrastructure and access to! EagleView enabled workflow, analytics, and high-resolution' imagery to dramatically improve efficiency for government agencies. Includes regular refreshes of ortho and obliquei imagery att the GSD and frequency specified. Target capture season subject to weather and: airspace permissions. Services term commences on date of Provides and offline copy oft the orthomosaic tiles and mosaics at the GSD: specified in the EagleView Cloud once per refresh. Files tol be provided ini industry standard formats selectable by the customer with delivery made via online download or physically viaa activation. 1687 EagleView Cloud- - Imagery 6in activation. EagleView Cloud- - Physical Delivery- Orthomosaic- lin hard drive media. Prowers County, CO.1C10003620241210 1of7 V2.0_CAN € eagleview EagleView Cloud- Physical Delivery- Orthomosaic- 6in Eagleview Cloud- Software- Plus Provides and offline copy oft the orthomosaic tiles andr mosaics att the GSD specifiedi in thel EagleView Cloud once per refresh. Files tob bep provided ini industry standard formats selectable by the customer with delivery made via online download or physically viaa Provides an unlimitedi number of authorized users the ability tol login and access the EagleView Clouds software anda analytics viat the web-based. EagleView Cloud platform. This software provides a robust compliment oft tools for engaging withi imagery as well as additional project and collaboration tools, and access tor mobile application. Requires Extends the ability fora a contracting county or non-state consortium of counties the subdivision located totally ors substantially within their boundary. Provides activation ofi integrations between thel EagleView Cloud platform and Cityworks, and ESRI/GIS) and via the Integrated Web Application. hard drive media. thep purchase of anl EagleView Imagery entitlement. EagleView Cloud- EagleView Cloud- Bundle EagleView Cloud- Authorized Subdivisions ability to authorize access to their EagleView Cloud organization to any political unit or Comprehensive: Integration compatible customer environments (including compatible CAMA providers, 911/PSAP, Disaster Response Programan emergency or disaster. Refert tot the attached detailed description ofthe) Disaster EagleView Cloud- Early Provides entitlement toi imagery from counties neighboring thei imagery AOI as part of Includes access tot thel EagleView Disaster Response Program which offers flights after Responsel Program. Access EagleView Cloud.. Also provides entitlement tol Early Access to refreshedi imagery captures which allows authorized users to user newi imagery immediately following its preliminary processing and quality control checks and prior toi its final processing. Early Access imagery willl become available incrementally asi itis is processed, andi it will remain available until final, fully processed imagery is made availablet through other Includes access tol historical ortho and oblique frame imagery fromt thel EagleView archive. Quantity represents the number of calendar years of archive imagery available Building outlines are created from the orthomosaic tiles ofas specified newer Pictometry imagery source and classified relative to a specified, older imagery source. EagleView delivers digital building outlines from the newer imagery source andt their classification attributes ins shapefile and geodatabase formats. Coverage includes only locations specified in a single, customer-provided: digital parcel shapefile. Parcels int the specified locations must be generally contiguous. Alll Pictometry imagery to be used must be licensed or owned by the customer. AccuPLUS or aerotriangulated orthomosaic tiles arel used ifl licensed. Final invoiced amount willl be adjusted for the: actual quantity of records int the parcel file used for production. Use of older mon-Piciometry-soureed means. 9 EagleView Cloud- - Capture History 10000 EagleView Cloud ChangeFinder in EagleView Cloud. imagery requires acceptance inz advance. Product Parameters: Source One: Pictometry Outlines Source One Year 2023 Source Two: Pictometry Imagery Source Two Year: 2025 Deck Identification Method: Marked with al Point Modified" Technical Specification: Tol Bel Used in Connect Assessment: Yes (Must be ordered: as a separate linei item)! Prowers County, CO1CI00Y262MPA20 2of7 v2.0_CAN € eagleview 2 EagleView Cloud- Training (Full) Full conference registration to advanced training designed to maximize deployment airfare up to $500. Customer will bep provided with discount code to complete FutureView registration. (Air Travel Restrictions- 30 day advance purchase for airfare, Continental US only, per person roundt trip: airfare ats standard coach class rates through EagleView's travel provider only.) Credit must be redeemed within three years of FutureView. Advanced Includes airfare, hotelr room for upi tot three nights, event registration, andr round-trip agreement execution date. REFRESH2 QTY PRODUCTI NAME 33 EagleView Cloud- Imagery lin PRODUCT: DESCRIPTION Provides entitlement tot thel EagleViewl Platform, a secure hosted infrastructure. and access to EagleView enabled workflow, analytics, andl high-resolution imagery to dramatically improve efficiency for government agencies. Includes regular refreshes of ortho and oblique imagery att the GSD and frequency specified. Target capture season subject to weather and airspace permissions. Services term commences on date of Provides entitlement tot thel EagleView Platform, a secure hosted infrastructure and access tol EagleView enabled workflow, analytics, and high-resolution: imagery to dramatically improve efficiency: for government agencies. Includes regular refreshes of ortho and oblique imagery att the GSD and frequency specified. Target capture season subject to weather and airspace permissions. Services term commences on date of Provides and offline copy oft the orthomosaici tiles and mosaics att the GSDs specifiedi in thel EagleView Cloud once per refresh. Files tob be provided ini industry standard formats selectablel byt the customer with delivery made via online download orp physically viaa Provides and offline copy of the orthomosaic tiles and mosaics att the GSD specifiedi in the EagleView Cloud once per refresh. Files to bej providedi ini industry standard formats selectable by the customer with delivery made via online download or physically viaa Provides an unlimited number of authorized users the ability tol login and access the EagleView Clouds software and analytics via the web-based EagleView Cloud platform. This software provides ar robust compliment oft tools for engaging with imagery as well as additional project and collaboration tools, and access tor mobile application. Requires Extends the ability fora ac contracting county or non-state consortium of counties the subdivision located totally ors substantially within their boundary. Provides activation ofi integrations between the EagleView Cloud platform and Cityworks, and ESRI/GIS) and via the Integrated Web. Application. activation. 1687 EagleView Cloud - Imagery 6in activation. EagleView Cloud- Physical Delivery- Orthomosaiç- Iin EagleView Cloud- - Physical Delivery- Orthomosaic- 6in Eagleview Cloud- Software Plus hard drive media. hard drive media. the purchase ofa an EagleView- Imagery entitlement. EagleView Cloud- EagieView Cloud- Bundle EagleView Cloud- Authorized Subdivisions ability to authorize access tot their EagleView Cloud organization to any political unit or Comprehensive Integration compatible customer environments (including compatible CAMA providers, 911/PSAP, Disaster Response Programlan emergency or disaster. Refer to the attached detailed description oft the Disaster Includes access tot the EagleView Disaster Response Program which offers flights after Response Program. Prowers ,COICImwR2BEBD 3of7 v2.0_CAN € eagleview EagleView Cloud Early Provides entitlement toi imagery from counties neighboring thei imagery AOI as part of Access EagleView Cloud.. Also provides entitlement tol Early Access tor refreshed imagery captures which allows authorized users to user new imagery immediately following its preliminary processing and quality control checks and priort toi its final processing. Early Access imagery will become available incrementally asi itis processed, andi it will remain available until final, fully processed imagery is made available through other Includes access tol historical ortho and oblique framei imagery from thel EagleView archive. Quantity represents the number of calendaryears of archivei imagery available Building outlines are created from the orthomosaic tiles ofas specified newer Pictometry imagery source and classified relative to a specified, olderi imagery source. EagleView delivers digital building outlines from the neweri imagery source and their classification attributes ins shapefile andg geodatabase formats. Coverage includes only locations specified ina a single, customer-provided digital parcel shapefile. Parcels in the specified locations must beg generally contiguous. Alll Pictometry imagery tob be used must be licensed or ownedb by the customer. AccuPLUS or aerotriangulated orthomosaict tiles arel usedi ifl licensed. Finali invoiced amount willl be adjusted for the actual quantity of records int the parcel file used for production. Use ofc older mon-Pidometysoured means. 9 EagleView Cloud- - Capture History 10000 EagleView Cloud- - ChangeFinder inE EagleView Cloud. imagery requires acceptance in advance. Product Parameters: Source One: Pictometry Outlines Source One Year 2025 Source Two: Pictometry Imagery Source Two Year: 2027 Deck Identifiçation Method: Marked with al Point Modified Technical Specification: Tol Bel Usedi in Connect. Assessment: Yes (Must be ordered as a separate linei item) Full conference registration to advanced training designed tor maximize deployment airfare up to $500. Customer will bep provided with discount code to complete FutureView: registration. (Air Travell Restrictions 30 day advance purchase for airfare, Continental US only, per person roundt trip airfare at standard coach class rates through EagleView's travel provider only.) Credit must ber redeemed withint threey years of 2 EagleView Cloud- Training (Full) FutureView Advanced Includes airfare, hotel room for up tot three nights, event registration, andr round-trip agreement execution date. FEES Due atl Initial Activation of Services Due atl First Anniversary ofl Initial Activation of Services Due at Second Anniversary ofInitial Activation of Services Due at Third Anniversary ofInitial Activation of Services Due atl Fourth Anniversary ofl Initial Activation of Services Due at) Fifth Anniversary of Initial Activation of Services days prior tot thee end ofthe Term, it will automatically renew. $78,399.92 $78,399.92 $78,399.92 $78,399.92 $78,399.92 $78,399.92 Unless either Party gives notice ofi its intent not to renew this Order Form at least one hundred and twenty (120) Non-appropriation ofFunds: Notwithstanding: anythingi int this Agreement to the contrary, int the event that thet funds due for deliverables under the terms and conditions of this Agreement are not lawfully appropriated, the following provisions shall apply: Prowers a,cOCimwReDe 4of7 v2.0_CAN /eagleview a. Customer shall provide EagleView with written documentation of non-appropriation of funds from its funding b.This Agreement shall remain in full force and effect, however commencement of the subsequent refresh shall be deemed postponed until such time asi funds for the subsequent refresh have been appropriated and all other sums due under the terms and conditions oft this Agreement have been paid by Customer. In the event thatt the postponement exceeds eighteen months, EagleView reserves the right to terminate any and all obligations with respect to the c.IfCustomer, or any party authorized under thet terms and conditions oft this Agreement to use the licensed products set forthi int this Order Form, isi inj possession of1 licensed products for which EagleView has not been fully compensated in accordance with the payment terms ofthis Agreement, Customer or such authorized party shall immediately cease use oft those licensed products, purge those licensed products from all Customer and authorized source one hundred: and twenty (120) days prior to commencement ofas subsequent refresh; postponement and all subsequent deliverables included ini this Agreement; and party computers, and return those licensed products to] EagleView. PRODUCTPARAMETERS Disaster Response Program ("DRP") section does not apply tot this Order Form. IfEagleView Cloud Disaster Responsel Program is listed int the above product table, then thiss section applies to this Order Form. IfE EagleView Cloud- Disaster Responsel Program isr not listedi in the above product table, then this This Order Formi includes eligibility for thel DRP described below so long: ast the customer remains under an active services agreement andi in good standing with! EagleView. Imagery captured through DRP willl be captured "as-is". A. Disaster Coveragel Imagery atl No Additional Charge - EagleView will, upon request of Customer and at no additional charge, provide standard quality imagery of upt to 200 square miles of affected areas (as determined! by EagleView) upon the occurrence of any oft the following events during any period Customer is eligible for DRP: Hurricane: areas affected by hurricanes of Category 2: and higher. Tornado: areas affected by tornados rated EF4 and higher. Terrorist: areas affected by damage from terrorist attack. Earthquake: areas affected by damage to critical infrastructure. resulting from earthquakes measured at6 6.0 Tsunami: areas affected by damage to critical infrastructure resulting from tsunamis. ork higher on the Richter scale. B.) Discounted Rate- - Coverage for areas affected by thee events set forth above exceeding 200 square miles willl be, subject tol EagleView resource availability, offered to Customer at thet then-current DRP rates. Also, coverage for areas affected by hurricanes below Category II, tornadoes below EF4 or earthquakes rated below 6.0 on the Richter scale, flooding meeting or exceeding the major flood stage, wildfires impacting population centers, or other disasters asa agreed to between the customer and EagleView, will be, subject tol EagleView resource: availability, offeredto Customer att the then current] DRP rates. Prowers County, COICI00P2422-210 5of7 v2.0_CAN € eagleview AOI(S) IF APPLICABLE Prowers County, CO /eagleview EZIEV Cloud lin- 33 Sq. Miles EEV Cloud Bin- 1687 Sq. Maes esesecomap. oracopynet vam. Goent sacs so ncn [Signature pagej follows] Prowers a,COCiwRBABO 6of7 v2.0_CAN € eagleview This Order Formi isi incorporated by referencei into the Master Services Agreement between EagleViewa and Customer. CUSTOMER PROWERS COUNTY,CO SIGNATURE: NAME: TITLE: EXECUTION DATE: EAGLEVIEW: EAGLEVIEW aDelaware corporation SIGNATURE: NAME: TTTLE: EXECUTION. DATE: PICTOMETRY INTERNATIONAL CORP. DBA Prowers ,0OCIIRO 7of7 V2.0_CAN PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 12/10/24 Submitter: Don Wilson, Administration Office Submitted to the County Administration Office on: 12/4/24 Return Originals to: Don Wilson Number of originals to return to Submitter: 1 Contract Due Date: N/A Item Title/Recommended Board Action: Consider approval of Revised 2025 BOCC Meeting Date Schedule with the following change: Commissioner Meeting date for November 11,2025 changing to Wednesday, November 12, 2025. Justification or Background: Annual requirement Fiscal Impact: This item is budgeted in the following account code: County: $ 0 Federal: $ 0 State: $ 0 Other: $ 0 Approved by the County Attorney on: Additional Approvals (if required): 2025 Revised COMMISSIONER MIETIENG DATES 2035 ACCOUNTS: PAYAGIE KAGRNDATTINSDUE DATLS Bo10eNoo PAYROIL DUEDATES Evnool N Monday January 22 Tuesday January 14 Wednesday January3 Tuesday January 28 Wednesday January 17 Tuesday February11 Wednesday January3 31 January February March April May June July August Tuesday February 25 Wednesday February 14 Tuesday February 20 Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday Tuesday March: 11 March 18 April8 April 22 May 13 May 27 June 10 June 24 July8 July22 Wednesday February 28 Wednesday March: 20 Wednesday Wednesday April24 Wednesday Monday Wednesday Tuesday Tuesday Wednesday Tuesday Friday Tuesday March 19 April19 May 21 April3 May1 May 20 june! 5 June 18 July2 July24 Wednesday June 19 Monday July22 Tuesday August 12 Wednesday August7 Tuesday Septemberg Wednesday September4 Tuesday October 14 Wednesday October2 Wednesday November 12 Wednesday November 6 Tuesday Decemberç 9 Wednesday December4 Tuesday August 19 Budget KickOff Budget Budget Tuesday August 26 Wednesday August 21 Wednesday August 21 Tuesday September 23 Wednesday September: 18 Thursday September: 19 Tuesday October 28 Wednesday October 23 Tuesday October 22 Tuesday November 25 Wednesday November: 20 Monday November: 18 Tuesday December: 23 Tuesday December 17 Tuesday December 17 September Tuesday September: 16 Oetaber November Decemher Tuesday October: 21 Approved by BOCC: Ron Cook, BOCCChair Date PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 12-17-2024 Submitter: Paula Gonzales, Finance Director Submitted to the County Administration Office on: 12-13-2024 Return Originals to: Jana Coen & Paula Gonzales Number of originals to return to Submitter: 1 Contract Due Date: Item Tite/Recommended Board Action: Public Health Fund in the amount of $41,963. Consider approval of Resolution to Transfer Revenue from General Fund to Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: Federal: State: Other: $ $_ $ $_ Approved by the County Attorney on: Additional Approvals (if required): RESOLUTION TO TRANSFER REVENUE BETWEEN FUNDS Resolution No. 2024- AI 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, LET IT BE RESOLVED by the Board of County Commissioners That the following sums are hereby transferred from the revenue of each fund, of Prowers County, Colorado: to each fund: Debit $41,963 Credit General Fund ACCT #0010 Public Health Fund ACCT #0676 $41,963 ADOPTED this 17th day of December 2024 Ron Cook, Chairman ATTEST: Thomas Grasmick, Vice-Chairman Jana Coen, County Clerk Roger Stagner, Commissioner PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 12-17-2024 Submitter: Paula Gonzales, Finance Director Submitted to the County Administration Office on: 12-13-2024 Return Originals to: Jana Coen & Paula Gonzales Number of originals to return to Submitter: 1 Contract Due Date: Item Ttle/Recommended Board Action: Capital Fund in the amount of $390,000.00. Consider approval of Resolution to Transfer Revenue from Sales Tax Fund to Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $_ State: Other: $_ $_ Approved by the County Attorney on: Additional Approvals (if required): RESOLUTION TO TRANSFER REVENUE BETWEEN FUNDS Resolution No. 2024- Aresolution 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 in accordance with the Local Government Budget Law, on December 28, 2023, and; WHEREAS, the Board of County Commissioners has made provision for revenues WHEREAS, it is sometimes necessary to transfer revenues from one fund to in the various funds, and; another, and; NOW, THEREFORE, LET IT BE RESOLVED by the Board of County Commissioners That the following sums are hereby transferred from the revenue of each fund, of Prowers County, Colorado: to each fund: Debit $390,000 Credit Sales Tax Fund ACCT #0900 Capital Fund ACCT #0100 $390,000 ADOPTED this 17th day of December 2024 Ron Cook, Chairman ATTEST: Thomas Grasmick, Vice-Chairman Jana Coen, County Clerk Roger Stagner, Commissioner