PROWERS COUNTY, COLORADO BOARD OF COMMISSIONERS MARCH 18, 2025 COMMISSIONERS BOARD ROOM, 2nd FLOOR OF COURTHOUSE 301 S. MAIN STREET, LAMAR, CO 81052 8:00 a.m. Mike Duffy Congressional Spending support request Ports to Plains 8:30 a.m. Board of Health, Meagan Hillman WORK SESSION 9:00 a.m. Abbie Campbell, County Treasurer Treasurer's Report 9:15 a.m. Brooke Matthew, CSU Extension SE Region Director and Prowers County Extension Agents Amber Comer, 4-H Youth Development and Michaela Mattes, Agronomist Colorado State University Extension update 10:00 a.m. Doug Thrall, Owner at Self-Employed Update on Denny's Restaurant 10:15 a.m. Jenny Navarrette, Domestic Safety Resource Center Update on Center 10:30 a.m. Tori Hawks, Southeast Colorado Can Chasers Discuss events, fee waiver for April-Oct 2025 11:00 a.m. BOCC Updates 1 MEETING AGENDA 1:00 p.m. Invocation - Dave Debos 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, if any, for all County Funds and DHS Funds, which include WHC and H3C Funds 3. Consider Approval of March 11, 2024 Meeting Minutes PUBLIC APPEARANCES Anyone wishing to address the BOCC may do sO at the discretion of the Board and subject to a three-minute limitation. VEHICLE BIDS 1:05 p.m. Department Human Services Open and present vehicle bids UPDATES Don Wilson, County Administrator County Administrator update Rose Pugliese, Esq. County Attorney update 2 ACTION ITEMS: 1. Consider approval of awarding a bid for vehicle purchase to the Department of Human Services. 2. Consider approval of Agreement for Employment of Legal Counsel between Prowers County Department of Human Services and Steerman Law Offices d/b/a Steerman and Clark for the purposes of Conflict Counsel services, Child Support, and Adult & Family Services cases for the 2025 calendar year and authorizing Department of Human Services Director, Lanie Meyers-Mireles to execute the Agreement in addition to Board of County Commissioner Chairman, Ron Cook. 3. Consider approval of Memorandum of Understanding for Roots and Wings Early Childhood Council with Prowers County Public Health & Environment and authorizing Public Health Director, Meagan Hillman to execute the MOU. 4. Consider approval of Memorandum of Understanding for Roots and Wings Early Childhood Council with Southeast Colorado NFP and authorizing NFP Supervisor, Roxie Rankin to execute the MOU. 5. Consider approval of Fairgrounds Facility Rental Agreement and waiver of fees for Southeast Colorado Can Chasers, events scheduled for April-October, 2025. 6. Consider approval of Lease and County Addendum, leasing Prowers County LAWMA Water Shares to East Prowers Cemetery District, eight (8) shares at the rate of $50.00 per share, total amount $400.00 7. Consider approval of final Subdivision Exemption Plat Map for Frank R. and Gina R. Tague. Application request was approved January 22, 2025 by the Planning Commission and on January 28, 2025 by the BOCC. Amended application request was approved by the Planning Commission on February 12, 2025 and on February 25, 2025 by the BOCC. Minor Subdivision for a First Subdivision in the SE1/4SE1/4 in Section 35, Township 22, Range 47 West, the 6 P.M., subdividing 10 acres: Tract 1-1.69 acres, Tract 2-1.66 acres, and Tract 3-6.85 acres and to be recorded in the County Clerk's Office. 8. Consider approval of Grant Reimbursement (EIAF #9541) Request Form, total invoiced amount $139,431.40, amount to be paid by EIAF is $69,715.70 and amount to be paid by Grantee matching funds are $69,715.70 for the Prowers County Master Plan Update to be summited to DOLA. 9. Consider approval of Grant Reimbursement (EIAF #22288) Request Form, total invoiced amount $39,750.00, amount to be paid by EIAF is $20,085.31 and amount to be paid by Grantee matching funds are $19,664.70 for the Prowers County Advance Manufacturing Tech to be summited to DOLA. 3 10. Consider approval of Federal Emergency Management Agency Overview & Concurrence Form with U.S. Department of Homeland Security Federal Emergency Management Agency for Community Floodplain Management and authorizing Michelle Hiigel, Floodplain Administrator to execute the document. PREVIOUSLY TABLED ACTION ITEMS: None 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. 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 for litigation updates. ADJOURN NOTE: This Agenda is provided for informational purposes only. Action may be taken on any or all of the items. All times are approximate. If any 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 of a 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: 3-18-2025 Submitter: Lanie Meyers-Mireles, DHS Director Submitted to the County Administration Office on: 3/1/2025 Return Originals to: N/A Number of originals to return to Submitter: N/A Contract Due Date: N/A Item Title/Recommended Board Action: Consider approval of awarding a bid for vehicle purchase to the Department ofHuman Services. Justification or Background: Discussed at previous BOH meeting 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): PLEASE ATTACH THIS SHEET TO ALL AGENDA ITEMS WHEN SUBMITTING TO COUNTY ADMINISTRATION. THANK YOU! PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 3-18-2025 Submitter: Lanie Meyers-Mireles, DHS Director Submitted to the County Administration Office on: 2-21-2025 Return Originals to: Department of Human Services Number of originals to return to Submitter: 1 Contract Due Date: ASAP Item Itle/Recommended Board Action: Consider approval of Agreement for Employment of Legal Counsel between Prowers County Department of Human Services and Steerman Law Offices d/b/a Steerman and Clark for the purposes of Conflict Counsel services, Child Support, and Adult & Family Services cases for the 2025 calendar year and authorizing Department of Human Services Director, Lanie Meyers-Mireles to execute the Agreement in addition to Board of County Commissioner Chairman, Ron Cook. Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: $ Other: $ Approved by the County Attorney on: 2-21-2025 Additional Approvals (if required): AGREEMENT FOR EMPLOYMENT OF LEGAL COUNSEL AGREEMENT made effective on the 1St day of January, 2025 through the 31st day of December, 2025, between the DEPARTMENT OF HUMAN SERVICES OF THE COUNTY OF PROWERS, STATE OF COLORADO, Department',P.0. Box 1157, Lamar, CO 81052 and DONALD L. STEERMAN, Esq. as a managing attorney for STEERMAN LAW OFFICES d/b/a STEERMAN & CLARK, "Attorney", 200 West Elm Street, P. O. Box 390, Lamar, Colorado 81052. WITNESSETH: WHEREAS, the Employer requires the services of an attorney for legal advice and assistance in legal matters concerning social services, assistance payments, and administrative matters, including actions under the Children's Code in district and appellate courts, and including matters concerning child support enforcement and collection in which the Department is interested, is petitioner, or intervenes pursuant to the Departments duties in regards to child welfare; adult protection; as the child support collection entity or any other duties the Department may. have. WHEREAS, the Attorney has provided such services and is willing to continue to provide such services in accordance with the rules and regulations of the Department, and upon the conditions herein set forth; now, therefore, THE PARTIES MUTUALLY AGREE: 1. That the Attorney is retained as County Social Services Attorney for the Prowers County Department of Social Services at the rate of$185.00 per hour. This rate is to be charged for attorney time and includes all overhead charges, and charges for the ancillary services of typists, secretaries, paralegals, and other personnel. 2. That the Attorney may charge at costs for non-office related expenses, including copy charges, long distance telephone calls, legal service fees, out oftown mileage at 67 cents per mile, etc. 3. That payments shall be made monthly to the Attorney upon receipt of an itemized billing for reasonable costs incurred pursuant to this Agreement. 4. That in the event the Attorney violates any provision of this Agreement, the Department may withhold payment for services provided during the period affected by the violation, until such time as the violation has been remedied to the satisfaction ofthe Department. 5. That the Attorney shall maintain such records as are deemed necessary pursuant to the State Department's Rules to ensure a proper accounting for all costs incurred in accordance with the terms ofthis Agreement. These records shall be made available for audit purposes to the State Department of Social Services, or any authorized representative of the State of Colorado. The Attorney shall make financial and other reports as requested by the County or State Department ofSocial Services. 6. That the Attorney shall serve at the pleasure ofthe Department, and either party in this agreement may terminate the same upon thirty (30) days written notice. This agreement shall be renewed annually unless terminated as provided for herein. 7. This Agreement is personal to the parties and may not be assigned without the written consent of the other party, however, the Attorney may assign a member or associate attorney employed by the firm to a case or cases or to fill in for court hearings. 8. No official or employee of Prowers County shall directly or indirectly receiver be paid any share or part of this Agreement or any benefit that may arise therefore in violation of Article 29 of the Colorado Constitution. The Attorney warrants that it has not retained any company or person (other than a bona fide employee working solely for Attorney) to solicit or secure this Agreement, and that Attorney has not paid or agreed to pay any company or person, (except for a bona fide employee working solely for Attorney), any fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or resulting from the award oft this Agreement to Attorney. Upon discovery of any breach or violation of this provision, Prowers County shall have the right to terminate this Agreement. 9. Any monetary obligation the Prowers County is subject to appropriation as provided for by law. Prowers County shall give Attorney 30 days-notice of non-appropriation and this contract shall terminate upon the expiration ofthe notice. In the event ofr non-appropriation, Prowers County agrees that Attorney may withdraw from any and all cases pending before the court without objection by Prowers County. 10. Jurisdiction for any dispute under this agreement shall be exclusively in the Prowers County, Colorado District or County Court sitting without jury in Prowers County, Colorado. 11. The Attorney shall perform its duties hereunder as an independent contractor and not as an employee. Neither the Attorney nor any agent or employee of the Attorney shall be deemed to be an agent or employee of the Department. The Attorney shall comply with the provisions of CRS 8-17.5-101 et.seq. and 24-76.5-101. 12. The attorney shall not discriminate on thel basis ofrace, sex, age, or creed, or natural origin. 13. This agreement is binding on the parties and their respective successors and permitted assigns. IN WITNESS WHEREOF, the parties have hereunto affixed their signature. LANIE MEYERS-MIRELES COUNTY DIRECTOR Ron Cook, Chairman Prowers County Commissioners STEERMAN LAW OFFICES, PLLC fuu - By: lon Ld umas DONALD L. STEERMAN, #23402 PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 3-18-2025 Submitter: Meagan Hillman, PCPHE Director Submitted to the County Administration Office on: 3-3-2025 Return Originals to: Meagan Hillman, PCPHE Director Number of originals to return to Submitter: 1 Contract Due Date: As soon as signed Item Tite/Recommended Board Action: Consider approval of Memorandum of Understanding for Roots and Wings Early Childhood Council with Prowers County Public Health & Environment and authorizing Public Health Director, Meagan Hillman to execute the MOU. Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: $ Other: $ Approved by the County Attorney on: 3-10-2025 Additional Approvals (if required): ROOTS AND WINGS FOR CHILDREN Memorandum of Understanding The Roots and Wings for Children Early Childhood Council does hereby enter into this Memorandum ofUnderstanding (MOU) hrowes Louhy PHE, : partneringcoalaborating organization. The Roots and Wings for Children Early Childhood Council is a calaborationpartmerhp of community agencies committed to the success of children and families. As a member of the Roots and Wings for Children Early Childhood Council we agree to work collaboratively with all members of the Council to: Create a comprehensive early childhood system that encompasses health, mental health, early care and learning, and family support and parent education and successfully addresses eight proven systems goals (quality and standards; program availability; parent and family engagement, professional and workplace development, public engagement; funding and finance; accountability; and systems oversighlgovemance). Ensure the Council is a productive collaboration that is known, respected, and valued by the community at large. Ensure Council strategic priorities and work plans are accomplished. Address Colorado Office ofl Early Childhood (CDEC) priorities and performance standards to increase and sustain the quality, accessibility, capacity, and affordability of early childhood services for children and their parents. Current State Department priorities include: 1. Community Dispersion of High Quality CCCAP - Increase the percentage ofColorado communities with access to slots for Colorado Child Care Assistance Program subsidies in a high quality programs (Level 3-5). 2. Colorado Shines Program Engagement - Increase Colorado Shines Quality Rating and Improvement System Engagement to 60%. Engagement is defined as Level 2 or higher. 3. Children Served in High Quality Programs - Increase the number and percentage of children receiving child care subsidy being served in a high quality program. 4. Promotion of Colorado Shines Quality Rating and Improvement System - Promote the Colorado Shines Quality Rating and Improvement System at least once a month. As defined by the CDEC in rulemaking, fulfill the duties and functions of an early childhood council, and complete the CDEC required deliverables. 1. Annually, each Early Childhood Council shall submit the organizational strategic plan in to the State Department and its Early Childhood Council membership. 2. Annually, each Early Childhood Council shall develop a written, comprehensive evaluation and report ofits progress based on the strategic plan accountability metrics. 3. Each Early Childhood Council shall submit and ensure that the State Department has current record of the council governance structure, to include at minimum: a. Early Childhood Council membership, to include the name and contact information for representatives from each ofi the mandatory stakeholder groups.; b. An organizational chart or other description ofits ofticer/leadership structure, including current officers; C. The name and contact information for the Council Director, or, if none has been hired, an interim program contact employed by the fiscal agent; R& W MOU 2025 d. The Early Childhood Council bylaws; and, e. An annual budget for developing a local early childhood system and infrastructure to improve and coordinate early childhood services. Create and implement a cross-sector strategic plan based upon community needs and evidence- based practices to promote school readiness and to prevent and mitigate prioritized local school readiness gaps that meets CDEC rules and requirements, including establishing a local system of accountability with data tools and tracking methods to measure local progress, and to conduct and submit annually to CDEC a comprehensive evaluation and report of strategic plan progress. (School Readiness) In addition, as a collaborating organizational member of the Council we agree to: Designate one decision maker (or designee) for the organization who regularly attends the Council's s monthly meetings. Respect and value the diverse opinions ofCouncil members. Work to ensure that Council meetings and activities are both productive and significant. Abide by the Council's bylaws, guiding principles, and meeting norms. Be an active contributing member of at least one Council work group. Come to the meetings with ideas and insight and leave with the same. This MOU is valid for one grant cycle and subject to renewal at the beginning of each new grant application. DH Dicechoy Partnering Organization* 's Authorizing Signature and Title Miagau L Hlaau PACMBA 3-12-25 Print Nae of Authorizing Individual Date Roots and Wings for Children Early Childhood Council Chair Date Roots and Wings for Children Early Childhood Coordinator Date R& W MOU 2025 PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 3-18-2025 Submitter: Meagan Hillman, PCPHE Director Submitted to the County Administration Office on: 3-3-2025 Return Originals to: Meagan Hillman, PCPHE Director Number of originals to return to Submitter: 1 Contract Due Date: As soon as signed Item Ttle/Recommended Board Action: Consider approval of Memorandum of Understanding for Roots and Wings Early Childhood Council with Southeast Colorado NFP and authorizing NFP Supervisor, Roxie Rankin to execute the MOU. Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: $ Other: $ Approved by the County Attorney on: 3-10-2025 Additional Approvals (if required): ROOTS AND WINGS FOR CHILDREN Memorandum of Understanding The Roots and Wings for Children Early Childhood Council does hereby enter into this Memorandum of Understanding (MOU) SE Colorado NFP,a partnerimgcolaborating organization. The Roots and Wings for Children Early Childhood Council is a colaborationpartner.hp of community agencies committed to the success of children and families. As a member of the Roots and Wings for Children Early Childhood Council we agree to work collaboratively with all members of the Council to: Create a comprehensive early childhood system that encompasses health, mental health, early care and learning, and family support and parent education and successfully addresses eight proven systems goals (quality and standards; program availability; parent and family engagement, professional and workplace development, public engagement, funding and finance; accountability; and systems oversighvgovemance). Ensure the Council is a productive collaboration that is known, respected, and valued by the community at large. Ensure Council strategic priorities and work plans are accomplished. Address Colorado Office of Early Childhood (CDEC) priorities and performance standards to mcrease and sustain the quality, accessibility, capacity, and affordability of early childhood services for children and their parents. Current State Department priorities include: 1. Community Dispersion of High Quality CCCAP - Increase the percentage of Colorado communities with access to slots for Colorado Child Care Assistance Program subsidies in a high quality programs (Level 3-5). 2. Colorado Shines Program Engagement - Increase Colorado Shines Quality Rating and Improvement System Engagement to 60%. Engagement is defined as Level 2 or higher. 3. Children Served in High Quality Programs - Increase the number and percentage of children receiving child care subsidy being served in a high quality program. 4. Promotion of Colorado Shines Quality Rating and Improvement System - Promote the Colorado Shines Quality Rating and Improvement System at least once ai month. As defined by the CDEC in rulemaking, fulfill the duties and functions of an early childhood council, and complete the CDEC required deliverables. 1. Annually, each Early Childhood Council shall submit the organizational strategic plan in to the State Department and its Early Childhood Council membership. 2. Annually, each Early Childhood Council shall develop a written, comprehensive evaluation and report of its progress based on the strategic plan accountability metrics. 3. Each Early Childhood Council shall submit and ensure that the State Department has current record of the council governance structure, to include at minimum: a. Early Childhood Council membership, to include the name and contact information for representatives from each of the mandatory stakeholder groups.; b. An organizational chart or other description ofi its officer/leadership structure, including current officers; C. The name and contact information for the Council Director, or, if none has been hired, an interim program contact employed by the fiscal agent; R& W MOU 2025 d. The Early Childhood Council bylaws; and, e. An annual budget for developing a local early childhood system and infrastructure to improve and coordinate early childhood services. Create and implement a cross-sector strategic plan based upon community needs and evidence- based practices to promote school readiness and to prevent and mitigate prioritized local school readiness gaps that meets CDEC rules and requirements, including establishing a local system of accountability with data tools and tracking methods to measure local progress, and to conduct and submit annually to CDEC a comprehensive evaluation and report of strategic plan progress. (School Readiness) In addition, as a collaborating organizational member of the Council we agree to: Designate one decision maker (or designee) for the organization who regularly attends the Council's monthly meetings. Respect and value the diverse opinions of Council members. Work to ensure that Council meetings and activities are both productive and significant. Abide by the Council's bylaws, guiding principles, and meeting norms. Be an active contributing member of at least one Council work group. Come to the meetings with ideas and insight and leave with the same. This MOU is valid for one grant cycle and subject to renewal at the beginning of each new grant application. NFP and Supachser Partnering Organization's Authorizing Signature Title Roxik Kankin 3-12-25 Print Name of Authorizing Individual Date Roots and Wings for Children Early Childhood Council Chair Date Roots and Wings for Children Early Childhood Coordinator Date R& W MOU 2025 PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 3-18-2025 Submitter: Administration Office Submitted to the County Administration Office on: 3-11-2025 Return Originals to: Administration Office & Jana Coen Number of originals to return to Submitter: 2 Contract Due Date: Item Title/Recommended Board Action: Consider approval of Fairgrounds Facility Rental Agreement and waiver of fees for Southeast Colorado Can Chasers, events scheduled for April-October, 2025. 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's Date: 3/1/2025 Date(s) of Events: See attachment of Organization: Set Up Time: 12:00/ 4:00 am pm Namgofors Colorado Can Chasers Event Starts: 1:30 14:30 am pm Name & Address of Authorized Agent: Tori Hawks and LeeAnn Ridley Finish Time: 6:00/10:00 am pm 35100 Cnty Rd SS Wiey, CO81092 x Arena 9/28/25 onlyHomel Ec Phone: 719.688.9024 Vaqueros Sales Tax ID: Centennial Pavilion Type of Barrel Racing toristates@yahoo.com Event: Ifapproved by the Board of County Commissioners (the "Commissioners"), Iagree to pay fees in the amount of $2,250.00 or to submit a request for a waiver ofthe fees. I understand the decision to waive any or all ofthe fees are at the total discretion ofthe 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, unless I am legally exempt. The attached lease Terms are part ofthis Agreement. Iodi Hancs. 3-10-25 Authorized Agent Date The Commissioners reserve the right to not lease any portion or all ofthe Fairgrounds to any organization which it deems in its sole discretion, to be in direct and adverse competition to Prowers County merchants or is otherwise detrimental to Prowers County citizens. Fees may be adjusted at the discretion of the Commissioners based upon the number of participants or unique conditions. Fees are based on daily rates. Rental Approved: Dnon Hams 3-11-25 Maintenance & Facilities Director Date Chairman Date Prowers County Board ofCommissioners For County Use Only: Date Booking Feel Paid G25.00 3l1o Lozs Damage/Cleaning Deposit:_ Date Rental Fee Paid: Date Paid: Inspection completed: Damage/Cleaning Deposit Refunded: Y/N, ifno, see attached, Please note that any deposit refund due back to you will be provided by a Prowers County check. Checks are issued upon approval at the Commissioners' meetings. Liability Insurance received: Yes_ No_ Date: Update 08/27/2024 Fairgrounds Rental Agreement PROWERS COUNTY FAIRGROUNDS FACILITY RENTAL RESERVATION AGREEMENT Between Prowers County Board of Commissioners (Commissioners) and the Authorizing Agent (User): renting the facility, including any parking areas, ifa applicable (Rented Premises). 1. Determination of fees for use of the facilities shall be made by the Commissioners in accordance with the established fee schedule and agreed to by the User at the time the reservation is confirmed. Use of the Rented Premises shall not include Prowers County personnel, including, but not limited to, County Maintenance Personnel. 2. Unique events may require an increase in fees/charges and/or conditions in addition to those shown. The Commissioners reserve the right to modify any oft the conditions as neçessary on a case-by-case basis. Holiday use of the Fairgrounds is subjeot to approval by the Commissioners. All County holidays are observed by County Maintenance Personnel. No Prowers County Personnel will be made available to the User over County- approved Thanksgiving and Christmas holidays. Additional fees will be assessed for events scheduled on holidays. Overtime charges for County Maintenance Personnel at a rate of two times the normal hourly rate will be charged for holiday events, in addition to regular fees and charges, with the exceptions described previously in this paragraph. 3. Use ofa all facilities shall be schcduled through the Prowers County Administration Office only. Fees and deposits: a) A pon-refundable booking fce of $25.00 pere event must be paid when each event is scheduled. b) The $25.00 booking fee is due before an individual or entity may have their name placed on the Pairgrounds calendar to reserve a facility at the Fairgrounds. c) Ifthe event does not go forward for whatevers reason, the $25.00 fee WILL NOT BE REFUNDED. d) The remainder of the Rental Fee and Damage/Cleaning Deposit must be submined Do the office no less than ten(10) working daysp priort to the date scheduled. (Commercial users: fees must be paid in certified funds.) The Damage/Cleaning Deposit is requireda and due from all Users whether use fees are waived or not. Failure to pay fees ten (10) working days prior to the event may result in cancellation of facility use. Access to the facilities at any time other than stated on this form is not allowed unless prior approval is received from the Commissioners. Please note that the Damage/Cleaning Deposit refund, ifany. 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; reimburset the County for damage to the property or facilities including excessive clean-up costs that may, occur in connection with the event; assure payment, in full, ofall charges for space and equipment requested; and ensure that all promotion and advertising of events involving the use oft the facilities shall identify the individual or group sponsor ofthe event. 5. The Damage/Cleaning Deposit must be. paid within ten (10) days prior to the scheduled event. The Damage/Cleaning Deposit shall bé utilized by Prowers County, ifr necessary, for cleanup and repair of damages ofthel Rented Premises. In the event that the User performs cleanup ofthel Rented Premises in a suitable manner and there is no damage, The Damage/Cleaning Deposit will be reviewed for return to the User at the next regularly scheduled meeting of the Commisioners.Tle Rented Premises is an alcohol-free facilin. IFany alçohol is broupht tothe Fairgrounds thes entire deposit will be retained. The User will be personally liable fors any expense for damage and/or cleanup in excess of the required deposit. 6. In case of cancellation, the Rental Fee will be refunded (less the booking fee)i ifnotice ofcancellation is received ten (10) working days prior to scheduled use. Ifthe event is canceled due to inclement weather, the event may Update 08/27/2024 2 Fairgrounds Rental Agreement be rescheduled with no additional fees due. Ifthe event is rescheduled for any other reason without the required notice, an additional booking fee will be charged. 7. Subleasing or charging additional fees to use the Rented Premises will: not be permitted. 8. Non-commercial Users may! have one (I) day in advance for set-up, decorating, etc. between the hours of 8:00 am and 4:00 pm, provided that there is nothing previously booked on that date. Ifa additional days are required for set-up, an additional fee of $100 will be charged for each additional day. Commercial Users: If special set- up/tear-down is required, standard facility use days will be charged on a % day basis. 9. Liability insurance is required for all commercial events. Certain "at risk" activities, i.e. rodeos, tractor pulls, carivals, 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 the scheduled event. 10. Under Colorado. Law, an equine professional is not liable for anyi injuryt to or the death ofap participanti in equine activities resulting in the inherent risks of equine activities, pursuant to Section 13-21-119, Colorado Revised Statutes. 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 personnel. Accordingly, and in express consideration for the within Agreement, User hereby agrees to indemnify, and hold harmless, Prowers County, its officers, agents, and employees from and against any and all claims for liability asserted for personal injury, or property damage to any and all persons or entities whatsoever, and arising out ofthe User's rental ofProwers 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 disoretion, including attorney's and expert witness fees. 12. The Agreement shall be and become binding upon, and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and designs. Any action necessary to construe, interpret, or enforce the provision of the Agreement shall be brought and maintained in the District Court in and for Prowers County, Colorado, with the substantially prevailing party therein being entitled, as a matter ofcontract laws an agreement to recover its costs and expenses therein incurred, including reasonable attomeys' and expert witness fees. 13. Falsified or misleading information on this form may be cause: for cancellation ofthis Agreement and forfeiture ofthe Damage/Cleaning Deposit and/or Rental Fees paid and may result in loss of future usage ofthe Rented Premises. 14. The User shall be required to call for an on-site facility orientation with the Fairgrounds caretaker no later than five(5) working days prior toi the event. Thel User will be familiarized with information pertaining to use of the facility, obtain keys, and will have the opportunity to ask questions of the Fairgrounds caretaker. The Fairgrounds Caretaker can be reached by calling 719-931-0034 and is available to schedule an orientation Monday - Friday 9:00 am to Noon and 1:00pm to 3:00pm. Regularly scheduled monthly meeting organizers are not required to complete an orientation, however, are expected to cooperate with the expectations for use outlined in this Agreement. The User understands that Prowers County does not employ 7 day per week, 24 hour per day Fairgrounds Personnel. The Fairgrounds Caretaker hours are scheduled from 8:00 am to 5:00 pm, Monday -Friday. The Fairgrounds Caretaker schedule may change to correlate with an event; however, changes must be pre-approved and are at the discretion ofthel Prowers County Maintenance Supervisor. 15. Every effort has been made to provide that the Rented Premises is adequately maintained and appropriately prepared for normal use. Iti is further understood that thel building and grounds systems can, and do, fail attimes. Failures may include, but are not limited to: electrical outlet power losses and blown breakers due to abnormal use and overloaded circuits, public announcing or loudspeaker malfumctions, lighting failures, water supply problems, and restroom malfunctions, etc. There are no guarantees against such failures either implied or stipulated in this Agreement. Prowers County Personnel will only be made available during off-hours in the Update 08/27/2024 3 Fairgrounds Rental Agreement event of an emergency pertaining to life safety or unsanitary conditions. All other unexpected occurrences should be documented and will be addressed on the next regular workday. 16. The User understands that çosts incurred by Prowers County due to responding to non-emergency calls for service, facility or grounds clean-up, and sub-contractor répairs for damages to equipment or facilities will be billed to the: user at a rate of21 times the actual costs. It is the User's responsibility to minimize non-emergency calls for service. 17. The User agrees that it is their responsibility to provide, and be responsible for, the equipment or supplies necessary to circumvent potential failures in the buildings, restrooms, or arena including, but not limited to: portable generators, portable toilets, portable amplifier or loudspeaker systems, water, and/or water trucks for wetting a dusty arena floor, toilet paper and hand towel paper supplies, first aid supplies, etc. 18. The Useri is specifically responsible to ensure adherence to these written and any posted policies and to: a) Provide written documentation specifying any concems, system failures, or break-downs and deliver that documentation tot the Fairgrounds Caretaker. Please do not manipulate circuit breakers. b) Pick-up trash and debris accumulated during the event including parking areas and deposit the trash in the 55-gallon trash drums provided, ori iffull, into available dumpsters. C) Re-stock indoor and outdoor: men's and women's restrooms with toilet paper and paper hand towels as needed throughout the event. The Fairgrounds Caretaker will make these items available to users. d) Pick-up trash in, and around, the indoor and outdoor restrooms, the kitchen, and concession stands and leave fixtures, appliances, and counter surfaces clean. Sweep and mop, or vacuum indoor floor surfaces. e) Make appropriate arrangements for providing the necessary crowd control, public safety, and' building security fort the event. Ensure that scheduled dance events end at 12:001 Midnight; po exceptions. g) Provide event security and present evidence ofsaid security upon request by the Commissioners. 19. Prowers County assumes no responsibility for lost or stolen items. 20, Alcohol is not allowed on the Fairgrounds at any time. The county has a zero-tolerance policy regarding alcohol. Any violation of this policy will result in immediate revocation of access to the Fairgrounds, a permanent ban going forward, and County retention of the entire damage deposit. Local law enforcement has been authorized to remove parties in violation ofthis policy. 21. Building or grounds emergency call: 931-0034 or 931-9335, Medical or safety emergency call: 911. Ihave read, understand, and agree to the terms and conditions outlined in this agreement. Date: 3/1/2025 SECCC Organization: Authorizing Agent Printed name: Tori Hawks Authorizing Agent Signature: Tori Hawks Forl Rodeo Events: Authorized: Tractor/Equpment Operator. Printed Name: Shane Hawks, Darren Ridley, Denton Wilbanks Update 08/27/2024 4 Fairgrounds Rental Agreement PROWERS COUNTY: FAIRGROUNDS FEE SCHEDULE Resideator Non-Resident #of Not! For Total Facilities Requested Profit Local! For rNoo-Local days/head Profit For Profit oflivestock Arena Rent $I50 $300 5970 Daily Pavilion' Rent $150 $300 $970 Daily Home Economies' Bldg. Rent $250 $250 $500 Daily Vaqueros Bldg- Rent $225 $225 $425 Daily Use ofF Parking Lots Arena Lot/Grounds $210 Daily Overnight Boarding (Arena Pens) $5/Head $5/Head $10/head Daily * Pavilion Boarding Rodeo Events Minimum Fee $20 $20 $40 Daily R.V. or Camper Parking One Electric Pedestal and One Water Connection per Rented $30 $30 $50 Space only Daily Dry Camping: and Horse Penning at Designated Southwest. Parking $I0 SIO $20 Lot ONLY Daily Elmer's Garden 50.00 $0.00 $0.00 Dally Cleaning/Damage Deposit $1000 $1000 $1000 (Due 10 days prior to event) * Rental Fees for the Pavilion for Not for Profit will not be charged since the Event Organizer is responsible for collecting the fee. The fes is still subject to 50/50 split, at the Commissioners' discretion TOTAL $ s S S (DUE 10 DAYS PRIOR TO USE) Update 08/27/2024 5 Fairgrounds Rental Agreement 1. Fees are based upon a per calendar day rate. Events which extend beyond midnight of the scheduled day may be subject to a fee for an additional day. 2: The Commissioners. reserve the right to request verification ofr not-for-profit: status. 3. A commercial event is definéd as an activity where fees are charged to entrants and the sponsoring entity retains some or all ofthe proceeds from the activity or where goods or serviçes are offered for sale or lease to the general public. The Commissioners reserve1 the rightto determine ifan event is a commercial activity. 4. Commercial vendors will pay a feei in addition to the fees listed on the attached fee schedule in the amount of1% of gross sales, based upon the vendor's prajections. The amount ofthe projected sales will be verified by comparison oft the projection to Sales Tax as reported to the State, 5. RV or Camper Parking is only allowed for a total of three (3) days per thirty (30)-day time period, unless in conjunction with a Registered Event. a, RV or Camper Parking in conjunction with a Registered Event must follow the policies set forth in 8a. below. b. For RV or Camper Parking NOT in conjunction with a Registered Event: i. Electrical and water hook-up fees are to be paid and collected at the Prowers County Administration Office at 301 S Main Streer, Suite 215, Lamar, CO 81052 or by calling (719)336-8025 during normal business hours OR at the Fairgrounds Drop Box, ii, Each individuel RV hook-up is provided for use exclusively by only one reserved RV. There is no sharing of electrical or water hook-ups. iti. No horses or livestook shall be penned near or around RV hook-up areas. Paid RV users must pen horses in covered stalls. iv. No RV, Trailer, Camper or Horse Trailer electrical hook-ups are allowed at any electrical outlet located on the Pavilion Structure. V. The individual or organization on record at1 the Prowers County Administration Office will be responsible to pay for any damage inçurred due to unauthorized electriçal or water connections. 6. It is the responsibility of the Event Organizer to make arrangements to meet on-site with the Fairgrounds Caretaker no later than four (4) days prior to the event to receive building keys and facility use instructions. 7. REGISTERED EVENTS ONLY: a. Covered and uncovéred stall fees are tol be reserved, colleçted, refunded for cleaning, and accounted for by the Event Organizer with the understanding that ifcovered stalls are cleaned by the Event Organizer after use, the amount collected is split 50%/50% between the Event Organization and Prowers County. 8. REGISTERED EVENTS ONLY: a. RVI Electrical and water hook-up fees are to be reserved, collected, and accounted for byt the Event Organizer with the understanding that: i. Each individual RV book-up is provided for use exclusively by only one reserved RV. There is no sharing of electrical or water. hook-ups. ii, No horses or livestock shall be penned near or around RV hook-up areas. Paid RV users must pen horses in covered stalls, iii. No RV, Trailer, Camper or Horse Trailer electrical hook-ups are allowed at any electrical outlet located on the Pavilion Structure. The Event Organization will be responsible to pay for any damage incurred due to unauthorized electrical connections. Update 08/27/2024 6 Fairgrounds Rental Agreement PROWERS COUNTY FAIRGROUNDS REGISTERED RODEO EVENTS FAIRGROUNDS USE: The Prowers County Fairgrounds is available for registered rodeo events in-season from April through October. Conditions for use of the facilities for all events including registered rodeo events are specifically detailed in the following information: 1. Prowers County Fairgrounds Facility Rental Reservation Agreement, 3 pages. Revised October 20, 2011. 2. Prowers County Fairgrounds Facility Rental Agreement, 1 page. Revised October 20, 2011. 3. Fairgrounds Fee Schedule, 2 pages. Revised October 18, 2011. 4. All event organizers who may be interested in reserving the Prowers County Fairgrounds for a registered rodeo event are encouraged to read very carefullyall ofthe rental information provided by Prowers County 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 of the Prowers County Fairgrounds. Event organizers are encouraged to include this information in all event literature distributed to potential rodeo participants in an effort to lessen costly misunderstandings during the event. Unless otherwise specified, the following are applicable to registered rodeo events: 1. The fairgrounds rodeo arena is watered regularly using a water reel. Use of the water reel by event organizers is prohibited. The rodeo arena may be watered once daily during a registered rodeo event at the event organizers request onlyi ifs scheduled and coordinated with the Fairgrounds Caretaker. 2. The fairgrounds rodeo arena is worked prior tot the rodeo event! by the Fairgrounds Caretaker using Prowers County equipment. Working the arena during the event is the responsibility of the event coordinator. The county tractor and attached arena king finisher are available for use by the event coordinator, or specified driver, for the duration ofthe event. A key to the tractori is provided only after the specified driver has met on-site with the Fairgrounds Caretaker for operating instructions. 3. Concession stand use: is by reservation only. Call the Prowers County Extension service (719-336-7734)to reserve. 4. The event organizer is responsible to reserve and collect fees for covered stalls located in the Prowers County Pavilion. The stalls are located in the Prowers County Sale Barn and set-up by Prowers County Staffbefore the event. 5. The event organizer is responsible fore ensuring thei following: a. Scheduling with the Fairgrounds Caretaker for setting up horse stalls in the Pavilion. b. Scheduling with the Fairgrounds Caretaker for cleaning the stalls after the event 6. The event organizer is responsible for reserving and collecting all fees associated with R.V. hook-ups, dry camping, and horse stal! fees. The event organizer is responsible for ensuring the following: 1. No horses shall be tied or penned at, or near, any R.V. electrical or water hook-up located at the arena parking area and arena parking area fencing, or at the R.V. hook-ups located north of the Prowers County Pavilion. 2. No R.V. campers, horse trailers, or other similar vehicles shall not be allowed to park near, and/or plug any electrical cord into the electrical outlets located in the Prowers County Pavilion. 3. No horses shall bet tiedi to, orp penned near, any permanenti fence or any treel located anywhere on Prowers County Fairgrounds property. Update 08/27/2024 7 Fairgrounds Rental Agreement 4. All dry camping and horse penning shall be located in the southwest dirt parking area only. Under no circumstances shall dry camping and penning be located on roto-mill, asphalt, or grass areas elsewhere on the Prowers County Fairgrounds property. The Event Organizer is responsible for the cost ofc clean- up ifhorses are penned or tied in areas outside dry camp areas. 5. All R.V. hook-ups (pedestal) provided for use during registered rodeo events are for one (I) R.V. camper only. Under no circumstances shall more than one RV. camper plug intoar reserved pedestal. 6. All horses and livestock are prohibited from access to paved pedestrian and driveways, grassy areas, treed arcas, and covered buildings with the exception ofthe Prowers County Pavilion. Update 08/27/2024 8 Fairgrounds Reutal Agreement USE OF THE PROWERS COUNTY FAIRGROUNDS R.V. ELECTRIC: PEDESTALS In an on-going effort to mitigate potential damage, and to maintain safe, reliable electrical pedestals it is the responsibility ofthe Event Organizer to remind each camper utilizing the pedestals that: Each electrical pedestal is wired for 50 amp., 30 amp., or 20 amp. uses and should not be overloaded with multiple or piggyback cords and appliances. Each electrical pedestal isi intended to be used by: a single user, One camper one pedestal. Choose one 50, 30, or 20-amp outlet that best meets the required load for each RV. or Camp Trailer. Each electrical pedestal is complete and ready for use. Under no circumstances shall the face plate cover be removed and/or the electrical outlets, wiring, or related pedestal components be manipulated. Use only safe and well-maintained electrical cords and plugs designed to carry the specified load. Under no circomstances: 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. campsites ort throughout the fairgrounds. The electrical pedestal located north of the Crow's Nest is intended for auxiliary use only and is not nvailable fors campers. Report any damaged pedestals to the event coordinator, or fairgrounds staff as soon as the damage is discovered, Damage to pedestals will be charged to the event organizer at a rate double the cost for repair or replacement. Under no circumstances shall RV Pedestals be used by vendors. Campers are encouraged to use the electrical pedestals safely and responsibly." The pedestals are checked daily and potontial safety hazards are reported to event coordinators for immediate corrective actions. Recommendations: may include re-locating campers who share pedestals, removing and replacing hazardous cords, rescinding use of an electrical pedestal, or requiring compensation for repairing damaged pedestals. Update 08/27/2024 9 Fairgrounds Rental Agreement HOME EC. BUILDING CHECKLIST Dor not tape or hang decorations from the celling grid or ceiling tile. Do noti tape or staple decorations to tables, chairs, walls, windows, or doors Please place all chairs and tables back as they were before leaving. Cleaning supplies are in the custodial supply doset located in the men's room. Clean and put away any items that you used. Please clean and drya all counter tops, sinks, and appliances in restrooms. Sweep and Vacuum the floors. Wipe down alli the tables. Pickup all trash in restrooms, kitchen, and meeting room and place in the dumpsters located outside the south door oft the building. Turn the meeting room lights off. Please return thermostats settings back to the original temperature. (680 in the winter or 759 in the summer) Close: and lock all windows and doors. Place the building keysin the drop box located near the south door. Please leave the building in the çondition you found it. Please call (719) 931-0034 to reach the caretaker. KITCHEN CHECKLIST Please plan for enough time to cean-up after use. Iti is your responsibility to clean the Kitchen after using it. Wash all dishes and utensils and place back int the proper location, Wipe offall counteri tops. Clean all of the appliances you use including the stove, microwave, coffee machine, and refrigerator, Clean: and dry the sinks and faucets. Clean up all spills on floors and couriter tops. Sweep and mop floors. Leftover food will be disposed of, be sure to take leftovers with you. Update 08/27/2024 10 Fairgrounds Rental Agreement VAQUEROS BUILDING CHECKLIST Dor not tape or hang decorations from the ceilinge grid or ceiling tile. Dor not tape or staple decorations to tables, chairs, walls, windows, or doors Please place all chairs and tables back as they were before leaving. Cleaning supplies are int the custodial supply closet located In the men's room. Clean and put away anyi items that you used. Please clean and dry all counter tops, sinks, and appliances in restrooms. Sweep and' Vacuum the floors. Wipe down all the tables. Pickup all trash in restrooms, kitchen, and meeting room and place in the dumpsters located outside the south door of the building. Turnt the meeting room lights off. Please return thermostat: settings back to the original temperature. (680 in the winter or 752 in the summer) Close and lock all windows and doors. Place the buildingl keys Int the drop boxl located nearthe south door. Please leave the building Int the condltion you found It. Please call (719) 931-00341 to reach the caretaker. KITCHEN CHECKLIST Please plani for enough time to clean-up after use. Iti isyour responsibility to clean the Kitchen after using it Wash all dishes and utensils and place back in the proper location. Wipe off all counter tops. Clean all ofthe appliances you use Including the stove, microwave, coffee machine, and refrigerator. Clean and dry the sinks and faucets. Clean up all spills on floors and counter tops. Sweep and mop floors. Leftover food will be disposed of, be sure to take leftovers with you. Update 08/27/2024 11 Fairgrounds Rental. Agreement PROWERS COUNTY REQUEST FOR WAIVER OF FEES AT FAIRGROUNDS On behalf of SECCC 3 Ido hereby request a waiver of fees for rental of the Fairgrounds, The waiver isneeded because Jere G 0f04t CAZuhn H2+) bainss CA Jupber dE upPplaks 17) KWY wik Sp7y - a V l Thlipe de - CIK rir JuRr 317 ur M/chr ML Hal, epA AL GALVI Del W-laanges 00 0+ - a Ruce a VI Gel OppA Mu Ivpnc A1lr) WO Avl (A7 AKlekin fex4 a ni AahhA IneAa Alwdo Avr LN e k do IMVe VC Kt un A cvy u Luu Jo& +Em. d Oiotkuunt ueystv) Qu guny boavs a isi Viccl J hai Gr sel C(CVLV- CL GOLE MyxzenyuL AC 14 114-k (41 h4 ( DVR M L, Hy 2"hud, L Ani Wej (Vyel Leau - llus 16 qbel S GHed ded flonder Thalyr Date(s) pf] Event 39-05 Authorized Agent Date Fees Included in Waiver Request 3 Booking Fee $ 75.00 3f1o/a015 % Arena Rent $ 15090 xw:9009 0 Pavilion Rent $ X Home Ec Bldg Rent $ 250x i 250 VD a Vaqueros Bldg Rent $ Parking Lots $ D Arena Pens $ - Pavilion Boarding S 0 RVI Parking * 33 Dry Camping $ Depos sypDo"2 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 3/10/25, 10:33 AM MSB Payment System PROWERS COUNTV COLORADO Prowers County, Colorado Administration 301 South Main Street, Suite 215 Lamar, CO 81052 (719)336-8025 Transaction Date 03-10-2025 Transaction ID CC2491720 SECCC- APPLICATION FOR 2025 FG. ARENA & Item Reference HOME EC BLD Customer Name TORI HAWKS Payment Type Credit Card Account Number 5080 Billing Zip 81092 Subtotal $25.00 Convenience Fee $0.45 Total Amount $25.45 Order Details SECCC-APPLICATION FOR 2025 FG ARENA & H Item Reference OME EC BLD 1 x $25.00 $25.00 THANK YOU FOR YOUR PAYMENT Payment Processed by MSB 1/1 ------ PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 3-18-2025 Submitter: Don Wilson, County Administrator Submitted to the County Administration Office on: 2-28-2025 Return Originals to: Jana Coen & Don Wilson Number of originals to return to Submitter: 1 Contract Due Date: Item Ttle/Recommended Board Action: Consider approval of Lease and County Addendum, leasing Prowers County LAWMA Water Shares to East Prowers Cemetery District, eight (8) shares at the rate of $50.00 per share, total amount $400.00 Justification or Background: Annual Lease for Prowers County LAWMA Shares. Fiscal Impact: This item is budgeted in the following account code: County: $ 400.00 Federal: $ State: $ Other: $ Approved by the County Attorney on: 3-3-2025 Additional Approvals (if required): LEASE OF PROWERS COUNTY LAWMA SHARES This certifies that the East Prowers Cemetery District Board of Directors (hereinafter referred to as "Cemetery District") agrees to lease eight (8) shares of Prowers County's LAWMA stock for the 2025 year from Prowers County, hereinafter referred to as "Prowers County" at the rate of $50.00 per share. Prowers County will invoice the Cemetery District for the total amount due ($400.00). Prowers County understands that because these shares are leased, then Prowers County's allowable pumping will be decreased for this water year. Prowers County and the Cemetery District understand that this lease is subject to current LAWMA lease policies and also must be approved by the LAWMA Board of Directors and the Division Engineer's Office before the Cemetery District receives the additional allowable pumping and Prowers County's pumping limit is reduced. Prowers County and the Cemetery District understand that the approval process can take some time and may not be approved at all and Prowers County has SO informed the Cemetery District. tis also possible that the Division Engineer may move to curtail pumping at any time due to circumstances that are beyond LAWMA's control and Prowers County has sO informed the Cemetery District. The attached Addendum is also approved by Prowers County and the Cemetery District. PROWERS COUNTY BOARD OF COUNTY COMMISSIONERS Ron Cook, Chairman Date EAST PROWERS CEMETERY DISTRICT BOARD adi ( frenk Gg Morch 10,2025 Judy Dorenkamp, President Date ADDENDUM TO LEASE OF PROWERS COUNTY LAWMA SHARES (2025) COMPANY = EAST PROWERS CEMETERY DISTRICT PROWERS COUNTY - PROWERS COUNTY, COLORADO Additional provisions: 1. STATUTORY COUNTY: Prowers County, Colorado, which is a statutory county in the State of Colorado, reserves alkrights as a statutory entity, including governmental immunity as provided by law. 2. ASSIGNMENT: Company may not assign this contract without the written consent of Prowers County. 3. VENUE: Jurisdiction for any dispute under this Lease shall be exclusively in the Prowers County, Colorado District or County Court sitting without jury, and the Court shall award to Prowers County, if it is the substantially prevailing party, its attorney's fees, expert. witness fess, court costs, and any other litigation expenses. 4. APPROPRIATION: Any monetary obligation of Prowers County payable after the current fiscal year is subject to appropriation as provided by law. 5. PUBLIC RECORD: In the event Prowers County receives a public records demand for copies of documents which the Lease provides are confidential, or are otherwise subject to non- disclosure, Prowers County shall give written notice to Company. Company shall notify Prowers County in writing within three days of notification if any documénts requested as public record should not be disclosed. The Company shall indemnify and hold harmless Prowers County as provided in Paragraph 6 for any public record requests where the Company advises Prowers County not to disclose such reçords. 6. INDEMNIFICATION: Company shall indemnify, save, and hold harmless Prowers County against any and all claims, damages, liability, and court awards inçluding costs, expenses, and attorney's fees incurred as a result of any act or omission by the Company, or its employees, agents, officers and representatives. 7. DEFAULT: In the event of a default, the defaulting party shall have fifteen (15) days after receipt of written notice of default to cure such default or provide sufficient proof that demonstrates that measures to correct default are diligently being taken. 8. LIABILITY: Because Prowers County is a public entity, and is subject to statutory limits on spending, including funds which have been duly appropriated, Prowers County and its officers, agents, employees and representatives shall in no event be liable for damages to Company, or any other party, whether based upon breach of contract, tort, strict liability or any other claim for relief of whatever nature or description. 9. OFFICIALS NOT TO BENEFIT. No official or employee of Prowers County shall directly or indirectly receive or be paid any share or part of this Lease or any benefit that may arise therefore in violation of Article 29 of the Colorado Constitution. Company warrants that it has not retained any company or person (other than a bona fide employee working solely for Company) to solicit or secure this Lease, and that Company has not paid or agreed to pay to any company or person, (other than a bona fide employee working for Company), any fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or resulting from the award of this Lease to Company. Upon discovery of any breach or violation of this provision, Prowers County shall have the right to terminate this Lease. 10. GOVERNMENTAL IMMUNITY: Notwithstanding any other provision of this Lease to the contrary, no term or provision of this Lease shall be construed or interpreted as a limitation to or waiver by Prowers County of any applicable provisions of the Colorado Governmental Immunity Act, $24-10-101, et seq., C.R.S., as now or hereafter amended, 524-30-1501, et seq., C.R.S., as now or hereafter amended, and any other immunity statute. Any provisions of this Lease, whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified sO as to limit any liability of Prowers County as provided by said laws. 11. NO THIRD PARTY BENEFICIARY INTENDED: No provision in this Lease is intended or shall create any rights with respect to the subject matter of this Lease in any third party. This Lease shal be construed to benefit of Prowers County and Company, and shall not be construed to create third party beneficiary rights in any other party. No person not a party to this Lease is an intended beneficiary of this Lease, and no person not a party to this Lease shall have any right to enforce any term ofthis Lease. 12. BINDING EFFECT. This Lease is binding upon the parties and their respective successors and permitted assigns. This Lease is only for the benefit of the parties hereto, and no third party shall have any right, claim or interest hereunder. This Addendum will be incorporated into the Lease and enforced as written. In the event of any conflict with the provisions of the main Lease, the provisions of this Addendum will control. BOARD OF COUNTY COMMISSIONERS EAST PROWERS CEMETERY DISTRICT BOARD PROWERSCOUNTY, COLORADO By. By n hy 7 borerke < A # Ron Cook, Chairman Judy) porenkammp, President Date Signed: 2025 Date Signed: 2025 * Attest: By. Jana Coen, County Clerk Date Signed: 2025 PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 03/18/2025 Submitter: Michelle Hiigel, Land Use Submitted to the County Administration Office on: 03/12/2025 Return Originals to: Michelle Hiigel, Land Use Number of originals to return to Submitter: 1 Item Tite/Recommended Board Action: Consider approval of final Subdivision Exemption Plat Map for Frank R. and Gina R. Tague. Application request was approved January 22, 2025 by the Planning Commission and on Jaruary 28, 2025 by the BOCC. Amended application request was approved by the Planning Commission on February 12, 2025 and on February 25, 2025 by the BOCC. Minor Subdivision for a First Subdivision in the SE1/4SE1/4 in Section 35, Township 22, Range 47 West, the 6 P.M., subdividing 10 acres: Tract 1-1.69 acres, Tract 2-1.66 acres, and Tract 3-6.85 acres and to be recorded in the County Clerk's Office. 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! a 9 i: 4 5o 3 E I 5 E - s a > ai, 5 € : E : f - E E e s - 9 E a E t 1 3 : E * € e E a 1 E 8 6 de I - S * de / 5 r : d - 38 3 00 8 a a8 F 3 I a E 5 A S & a S55 % 15 5 yNS 33 P 1030 S 3 I s a 88- e 5e 94: & 1 1 d o6 I 1 a : I 2 R 9 Y 5 35 D 1 - : E as E B a B E a 0o.po - o3no a 5 < 34 1 B a 1 I 5 6 : - Sa ESAS 3 i BE - s: 33 S 3 - sa E 12 a 3, B 3a - Eies 8 CR b 8 12 PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 3/18/25 Submitter: Don Wilson Submitted to the County Administration Office on: 3/12/25 Return Originals to: Don Wilson Number of originals to return to Submitter: 2 Contract Due Date: N/A Item Title/Recommended Board Action: Consider approving 2 grant reimbursement documen:s to be summited to DOLA. 1. Prowers County Master Plan Update 2. Prowers County Advanced Manufacturing Tech. 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): I I e - D DPE PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 3/18/25 Submitter: Don Wilson, County Administrator Submitted to the County Administration Office on: 3/12/25 Return Originals to: Don Wilson, County Administrator Number of originals to return to Submitter: 2 Contract Due Date: N/A Item Title/Recommended Board Action: Consider approval of Grant Reimbursement (EIAF #22288) Request Form, total invoiced amount $39,750.00, amount to be paid by EIAF is $20,085.31 and amount to be paid by Grantee matching funds are $19,664.70 for the Prowers County Advance Manufacturing Tech to be summited to DOLA. 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): 6A $ A 6 6 a I S A 6A 6 6 6 o 2 3 4 s C 0o 9 e PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 03/18/2025 Submitter: Michelle Hiigel, Land Use Submitted to the County Administration Office on: 03/12/2025 Return Originals to: Michelle Hiigel, Land Use Number of originals to return to Submitter: 1 Item Tite/Reommended Board Action: Consider approval of Federal Emergency Management Agency Overview & Concurrence Form with U.S. Department ofHomeland Security Federal Emergency Management Agency for Community Floodplain Management and authorizing Michelle Hiigel, Floodplain Administratcr to execute the document. Justification or Background: Lucas Babbitt with Watervation is needing to sign the FEMA Overview & Concurrence Form for the Conditional Letter of Map Revision that he is applying for on behalf of Colorado Gravel. 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! DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency OMB Control Number: 1660-0016 OVERVIEW & CONCURRENCE FORM Expiraticn: 1/31/2024 PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this form is estimated to average 1 hours per response. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data, and completing, reviewing, and submitting the form. You are not required to respond to this collection of information unless it displays a valid OMB control number. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing this burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472 Paperwork Reduction Project (1660-0016). Submission of the form is required to obtain or retain benefits under the National Flood Insurance Program. Please do not send your completed survey to the above address. PRIVACY ACT STATEMENT AUTHORITY: The National Flood Insurance. Act of 1968, Public Law 90-448, as amended by the Flood Disaster Protection Act of 1973, Public Law 93-234. PRINCIPAL PURPOSE(S): This information is being collected for the purpose of determining an applicant's eligibility to request changes to National Flood Insurance Program (NFIP) Flood Insurance Rate Maps (FIRM). ROUTINE USE(S): The information on this form may be disclosed as generally pemitted under 5 U.S.C S 552a(b) of the Privacy Act of 1974, as amended. This includes using this information as necessary and authorized by the routine uses published in DHS/FEMA/NF P/LOMA-1 National Flood Insurance Program (NFIP); Letter of Map Amendment (LOMA) February 15, 2006, 71 FR 7990. DISCLOSURE: The disclosure of information on this form is voluntary; however, failure to provide the information requested may delay or prevent FEMA from processing a determination regarding a requested change to a (NFIP) Flood Insurance Rate Maps (FIRM). A. REQUESTED RESPONSE FROM DHS-FEMA This request is for a (check one): CLOMR: AI letter from DHS-FEMA commenting on' whether a proposed project, ifbuilt as proposed, would justify a map proposed'y Ryadlogy changes (See 44 CFR Ch. 1, Parts 60, 65 & 72). All CLOMRS require documentation of compliance with the Endangered Species Act. Refer to the instructions for details. LOMR: A letter from DHS-FEMA officially revising the current NFIP map to show the changes to floodplains, regulatory flocdway or flood elevations. (See 44 CFR Ch. 1, Parts 60, 65 & 72). B. OVERVIEW 1. The NFIP map panel(s) affected for all impacted communities is (are): Community No. Community Name State Map No. Panel No. Effective Date 080144 Granada, Town of CO 08099C 383C;380C; 04/19/2016 385C;379C 080272 Prowers County CO 08099C 383C;380C; 04/19/2016 385C;379C 2. a. Flooding Source: Arkansas River b. Types of Flooding: Riverine Coastal Shallow Flooding (e.g.. Zones AO and AH) Alluvial Fan Lakes Other (Attach Description) 3. Project Name/ldentifier Colorado Gravel Granada Pit 4. FEMA zone designations (choices: A, AH, AO, A1-A30, A99, AE, AR, V, V1-V30, VE, B, C, D, X) a. Effective: AE b. Revised: MT-2 FORM 1 Page 1 of3 FEMA FORM FF-206-FY-21-100 (formerly 086-0-27) (01/21) 5. Basis for Request and Type of Revision: a. The basis for this revision request is (check all that apply) Physical Change Improved MethodologyData Regulatory Floodway Revision Base Map Changes Coastal Analysis Hydraulic. Analysis Hydrologic Analysis Corrections Weir-Dam Changes Levee Certification Alluvial Fan Analysis Natural Changes New Topographic Data Other (Attach Description) Note: A photograph and narrative description of the area of concern is not required, but is very helpful during review. b. The area of revision encompasses the following structures (check all that apply) Structures: Channelization Levee/Floodwall Bridge/Culvert Dam Fill Other (Attach Description) Documentation of ESA compliance is submitted (required to initiate CLOMR review). Please refer to the instructions for more 6. information. C. REVIEW FEE Has the review fee for the appropriate request category been included? Yes Fee amount: $ 6,500 No, Attach Explanation Please see the DHS-FEMA Web site at whmamasadbomadsammsamassaatse map-related-fees for Fee Amounts and Exemptions. D. SIGNATURES 1. REQUESTOR'S SIGNATURE All documents submitted in support of this request are correct to the best of my knowledge. I understand that any false statement may be punishable by fine or imprisonment under Title 18 oft the United States Code, Section 1001. Name: Lucas Babbitt, PE, CFM Company: WaterVation, PLLC Mailing Address: Daytime Telephone: 720-273-9183 Fax No.: 130 W. Sackett. Ave., Unit A, Salida, CO 81201 E-mail Address: cshassi@waraten.con Date: 3/10/2025 Signature of Requestor (required): 2. COMMUNITY CONCURRENCE As the community official responsible for floodplain management, I hereby acknowledge that we have received and reviewed this Letter of Map Revision (LOMR) or conditional LOMR request. Based upon the community's review, we find the completed or proposed project meets or is designed to meet all of the community fioodplain management requirements, including the requirements for when fill is placed in the regulatory floodway, and that all necessary Federal, State, and local permits have been, or in the case of a conditional LOMR, will be obtained. For Conditional LOMR requests, the applicant has documented Endangered Species Act (ESA) compliance to FEMA prior to FEMA's review of the Conditional LOMR application. For LOMR requests, I acknowledge that compliance with Sections 9 and 10 of the ESA has been achieved independently of FEMA's process. For actions authorized, funded, or being carried out by Federal or State agencies, documentation from the agency showing its compliance with Section 7(a)(2) of the ESA will be submitted. In addition, we have determined that the land and any existing or proposed structures to be removed from the SFHA are or will be reasonably safe from flooding as defined in 44CFR 65.2(c), and that wel have available upon request by FEMA, all analyses and documentation used to make this determination. Community Official's Name and' Title: Mailing Address: Community Name: Daytime Telephone: Fax No.: E-mail Address: Community Official's Signature (required): Date: MT-2 FORM 1 Page 2 of 3 FEMA FORM FF-206-FY-21-100 (formerly 086-0-27) (01/21) 3. CERTIFICATION BY REGISTERED PROFESSIONAL ENGINEER AND/OR LAND SURVEYOR This certification is to be signed and sealed by a licensed land surveyor, registered professional engineer, or architect authorized by law to certify elevation information data, hydrologic and hydraulic analysis, and any other supporting information as per NFIP regulations paragraph 65.2(b) and as described in the MT-2 Forms Instructions. All documents submitted in support of this request are correct to the best of my knowledge. I understand that any false statement may be punishable by fine or imprisonment under Title 18 of the United States Code, Section 1001. Certifier's Name: Lucas Babbitt, PE, CFM License No.: 42636 Expiration Date: 10/31.2025 WaterVation, PLLC Mailing Address: Company Name: 130 W. Sackett Ave., Unit A, Salida, CO 81201 Telephone No.: 720-273-9183 Fax No.: E-mail Address: ashasbi@waerationcom Signature: Date: 3/10/2025 Ensure the forms that are appropriate to your revision request are included in your submittal. Form Name and (Number) Required lif... Riverine Hydrology and Hydraulics Form (Form 2) New or revised discharges or water- surface elevations Riverine Structures Form (Form 3) Channel is modified, addition/revision of bridge/culverts, addition/revision of levee/loodwall, addition/revision of dam Coastal Analysis Form (Form 4) New or revised coastal elevations Coastal Structures Form (Form 5) Addition/revision of coastal structure Alluvial Fan Flooding Form (Form 6) Flood control measures on alluvial fans Seal (Optional) MT-2 FORM 1 Page 3 of3 FEMA FORM FF-206-FY-21-100 (formerly 086-0-27) (01/21)