PROWERS COUNTY, COLORADO BOARD OF COMMISSIONERS APRIL 8, 2025 7:00 a.m. Mark Dorenkamp, Road & Bridge Supervisor Update (AM Breakfast House, / 410 S Main St, Lamar, CO 81052) COMMISSIONERS BOARD ROOM, 2nd FLOOR OF COURTHOUSE 301 S. MAIN STREET, LAMAR, CO 81052 WORK SESSION 9:00 a.m. Tallie Harmon, Prowers Economic Prosperity Director PEP update monthly 9:45 a.m. Rosie Gomez, Cornerstone Resource Center Executive Director Update on The Cornerstone 10:00 a.m. Pete Hernandez, CRMC & OPC PC Consolidated Return Mail Center Manager CRMC update PC Overflow Processing Center Program Manager OPC update 10:15 a.m. Dr. Eric Ishiwata via Google Meets, Brooke Matthew, Claudia Terrazas- CSU, Office of Extension and Engagement Discussion on ESL Classes, funding and outreach to other agencies 10:45 a.m. Cindy Bennett, Mark Carrigan, Logan Dorenkamp Beer Garden @ Sand & Sage Fair 11:00 a.m. BOCC / Staff Updates Battalion Chief of the Southeast Region Organizational funding Discussion MEETING AGENDA 1:00 p.m. Invocation Pledge of Allegiance Call Meeting to Order Roll Call 1 CONSENT AGENDA. ACTION ITEMS: 1. Consider Approval of Adoption of Agenda 2. Consider Approval of Payment of Bills Presented and of Voiding Checks, if any, for all County Funds and DHS Funds, which include WHC and H3C Funds 3. Consider Approval of February 18, 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. UPDATES Don Wilson, County Administrator County Administrator update -Spencer Dodge, City of Trinidad Re: RAISE Grant -SE & Central Recycling amendment - Planning IGA Rose Pugliese, Esq. County Attorney update ACTION ITEMS: 1. Consider ratifying 3-18-2025 verbal poll approval of Fairgrounds Facility Rental Agreement and waiver of fees for Lamar LCC Ag, events scheduled for March 26, 2025. 2. Consider ratifying 3-18-2025 verbal poll approval of appointing Bryon Marples to the Deadman Drainage District Board for a term to expire August 2028. 3. Consider approval of Credit Card Authorization Request for Jacqueline Harbert, Prowers Area Transit, credit card limit of $1,000.00. 4. Consider approval of Sand & Sage Round-Up Fair Board's request to have a Beer Garden at the County Fairgrounds during the 2025 Sand and Sage Fair. 5. Consider approval of a Letter of Authorization for Sand & Sage Round-Up Fair Board to have a Beer Garden on County Fairgrounds during the 2025 Sand & Sage Fair. 2 6. Consider ratifying 3-23-2025 email poll approval for payment of bills presented for County General A/P Fund in the amount of $42,821.59, with a certification date of March 25, 2025, and authorizing the use of the Commissioners signature stamps. 7. Consider approval of a Proclamation to proclaim April as Child Abuse Prevention Month. 8. Consider ratifying 3-24-2025 email poll approval to submit a letter of support to U.S. Senator Michael Bennet, U.S. Senator John Hickenlooper, and Congresswoman Lauren Boebert (CD-4) on behalf of OEM / Rural Fire for Congressional Direct Spending in regards to funding of Rural Fire Station Design and Build. 9. Consider ratifying 3-25-2025 verbal poll approval to submit a letter of support to U.S. Senator Michael Bennet, U.S. Senator John Hickenlooper, and U.S. Congresswoman Lauren Boebert (CD-4) on behalf of Ports to Plains for Congressional Direct Spending in regards to funding an update to the Environmental Assessment for the U.S. 287 Reliever Route. 10. Consider approval of a Resolution accepting the 2025 Comprehensive Plan adopted by the Planning Commission on March 12, 2025. 11, Consider approval of a Resolution Adopting a Temporary Moratorium upon the application, acceptance, processing, and/or approval of any request to Prowers County for a permit, license, and/or for any other Prowers County authorization of any nature related to or in any way connected with the establishment and/or operation of an enterprise or business that proposes to sell or dispense or that sells or dispenses psychedelic mushrooms and three (3) plant based psychedelic substances-Dimethyltryptamine, Ibogaine, and Mescaline, pursuant to Article 18, Section 14 of the Colorado Constitution. 12. Consider ratifying 3-27-2025 email poll approval for payment of bills presented for County General Fund, Payroll, Payroll AP and AP in the amount of $968,718.67 with a certification date of March 28, 2025, DHS and WHC Fund, Payroll, Payroll AP, and AP in the amount of $299,304.45 with a certification date of March 28, 2025, and H3C Fund, Payroll, Payroll AP and AP in the amount of $116,263.61 with a certification date March 28, 2025 and authorizing the use of the Commissioner's signature stamps. 13. Consider ratifying 3-27-2025 email poll approval for correction of Grant Reimbursement (EIAF #22288) Request Form, total invoiced amount $39,750.00, amount to be paid by EIAF is $23,080.95 and amount to be paid by Grantee matching funds are $16,669.05 for the Prowers County Advance Manufacturing Tech to be summited to DOLA that was previously approved by the Board on March 11, 2025, and authorizing the use of Chairman Ron Cook's signature stamp. 3 14. Consider approval of request by Karl Nyquist, authorized representative for Arkansas River Farms, LLC, to release the Letter of Credit procured by Arkansas River Farms, LLC as per the requirements of the Designated Activity of State Interest or to Engage in Development in a Designated Area of State Interest Amended Permit (1041 Permit). 15. Consider approval of Colorado Firefighter Safety and Disease Prevention Grant in the amount of $16,716.00, 100% grant funded with no county matching of funds and authorizing Chairman Ron Cook to execute the Terms and Conditions and Award Acceptance Forms, and authorizing Staffon Warn and Paula Gonzales as the Designated Signature Authority, grant application was submitted on February 18, 2025. 16. Consider approval of a Resolution by the Prowers County Board of County Commissioners in supporting the Lower Arkansas Valley Water Conservancy District and opposing the annexation plans of Colorado Springs. 17. Consider ratifying 4-1-2025 email poll approval for payment of bills presented for County General A/P in the amount of $108,253.42, with a certification date of April 1, 2025, and authorizing the use of the Commissioner's signature stamps. 18. Consider approval of Proposal / Contract between Prowers County and D.V. Douglas Roofing, Inc in the amount of $52,500.00 for a roofing project at the Prowers County Big Timbers Museum. 19. Consider ratifying 4-1-2025 email poll approval for payment of bills presented for County General Fund in the amount of $3,545.00, with a certification date of April 1, 2025, and authorizing the use of the Commissioner's signature stamps. 20. Consider ratifying 4-1-2025 email poll approval of County Veterans Service Officer's Monthly Report and Certification of Pay - March 2025. 21. Consider approval of an additional Tyler Technologies module for Grant Management Software in the amount of $1,479.00 for the County Administration Office. 22. Consider approval of a Service Agreement between Digital Insurance LLC (OneDigital) and Prowers County for Employee Handbook update and rewrite. PREVIOUSLY TABLED ACTION ITEMS: 1. None EXECUTIVE SESSION 4 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. 5 PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 4-8-2025 Submitter: Administration Office Submitted to the County Administration Office on: 9-18-2024 Return Originals to: Administration Office & Jana Coen Number of originals to return to Submitter: 2 Contract Due Date: Item Title/Recommended Board Action: Consider ratifying 3-18-2025 verbal poll approval of Fairgrounds Facility Rental Agreement and waiver of fees for Lamar LCC Ag, events scheduled for March 26, 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: Seph.18, 2024 Date(s) of Events: Mar.26,2025 Name of Organization: Sct Up Time: 7:00 (ant pm Lamarlcc Ay Event Starts: 9:00 pm Name & Address of Authorized Agent: Brian Gawck Ag.Instr. Finish Time: 200 am m 24015. Main SH Lamar, Co 81052 Arcna Home Ec PhoM7EDERL-I62K Vaqueros Sales Tax ID: Centennial Pavilion Type of Event: Regional I FFA CDE Contests Ifapproyed by: the Board of County Commissioners (thc "Commissioners" "), I agrec to pay fecs in the amount of $ waivedor to submit arequest for a waiver ofthe fces. I understand the decision to waive any or all ofthe fees arc at the total discrction of thc Commissioners. I havc attached copics of my Statc of Colorado Sales Tax License and the City of Lamar Salcs Tax License, ifa applicablc. Failurc to do SO will result in denial of my rental requcst, unless I am Iegally cxempt. Thc attached Icase lemmsarepartofthis, Agrcement Bue 2 Pauck Sept.18 2024 Authorized Agent Date Thc Commissioncrs rescrve thc right to not Icasc any portion or all ofthc Fairgrounds to any organization which it deems in its sole discrction, to be in dircct and adverse competition to Prowers County merchants or is otherwise detrimental to Prowers County citizens. Fccs may be adjusted at thc discretion of thc Commissioners based upon the number of participants or unique conditions. Fecs arc bascd on daily ratcs. Rental Appfoved: 23 Am5 A7 34 Maintcnançe. & Facilitics Dircctor Datc Laak 3 / 152025 Chalrman Date Prowers County Board of Commissioners For County Use Only: cH S764s/44 Date Booking Fee Paid ($25.00): olshy Damage/Cleaning Deposit: Date Rental Fce Paid: Datc Paid: Inspection completed: Damage/Cleaning Deposit Refunded: Y/N, ifno, see attached. Please note that any deposit refund due back 10 you will be provided by a Prowers County check. Checks are issued upon approval at the Commissioners' meetings. Liability Insurance received: Yes No Date: Updatc 07/09/2024 Fairgrounds Rental Agrcement 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, ifapplicable (Rented Premises). 1. Determination of fces for use of the facilitics shall be made by thc Commissioners in accordance with the established fce schedulc and agrced to by thc User at thc timc the rescrvation is confirmed. Usc of the Rented Premises shall not include Prowers County personnel, including, but not limitcd 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 necessary on a case-by-case basis. Holiday use of the Fairgrounds is subject to approval by thc Commissioners. All County holidays arc observed by County Maintenancc Personnel. No Prowers County Personncl will bc madc available to thc User over County- approved Thanksgiving and Christmas holidays. Additional fecs will bc asscsscd for cvents 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 of all facilities shall be scheduled through the Prowers County Administration Office only. Fees and deposits: a) A non-refundable booking fce of$25.00 per event must be paid when each event is scheduled. b) The $25.00 booking fee is due before an individual or entity may have their name placed on the Fairgrounds calendar to reserve a facility at the Fairgrounds. c) Ifthe event does not go forward for whatever reason, the $25.00 fee WILL NOT BE REFUNDED. d) The remainder of the Rental Fee and Damage/Cleaning Deposit must be submitted to the office no less than ten (10) working days prior to the date scheduled. (Commercial users: fees must be paid in certified funds.) The Damage/Cleaning Deposit is required and due from all Users whether use fees are waived or not. Failure to pay fees ten (10) working days prior to the event may result in cancellation of facility use, Access to the facilities at any time other than stated on this form is not allowed unless prior approval is received from the Commissioners. Please note that the Damage/Cleaning Deposit refund, if any, due back to the User will be provided by a Prowers County check. Checks are issued upon approval at the Commissioners' mectings. 4. The scheduling of the activities shall be made in the name of one individual who must, as a condition of use, read this document and accept responsibility for adequately supervising the event; assure that the facilities are used for the purpose for which they are scheduled; reimburse the County for damage to the property or facilities including exçessive clcan-up costs that may occur in connection with the cvent; assure payment, in full, of all chargcs for spacc and cquipment rcquestcd; and cnsurc that all promotion and advertising of events involving the use of the facilitics shall identify thc individual or group sponsor of the cvent, 5. The Damage/Cleaning Deposit must be paid within ten (10) days prior to the scheduled event. The Damage/Cleaning Deposit shall be utilized by Prowers County, ifnecessary, for cleanup and repair of damages ofthe Rented Premises. In the event that the User performs cleanup ofthe Rented Premises in a suitable manner and thcre is no damage, The Damage/Cleaning Deposit will be revicwed for rcturn to the User at the next rcgularly schedulcd mccting of thc Commissioners. The Rented Premises is an alcohol-free facility. If any alcohol is brought to the Fairgrounds. the entire deposit will be retained. The User will be personally liable for any expense for damage and/or cleanup in excess of the required deposit. 6. In case ofcancellation, the Rental Fec will be refunded (less the booking fee)ifnotice ofcancellation is received ten (10) working days prior to scheduled use. If the event is canceled due to inclement weather, the event may Updatc 07/09/2024 2 Fairgrounds Rental Agrecment 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 fecs to use the Rented Premiscs will not bc permitted. 8. Non-commercial Users may have one (1) day in advance for set-up, decorating, etc. between the hours of 8:00 am and 4:00 pm, provided that there is nothing previously booked on that date. Ifadditional days are required for set-up, an additional fee of$100 will be charged for cach additional day. Commercial Users: Ifspecial set- up/tear-down is required, standard facility usc days will bc charged on a % day basis. 9. Liability insurance is required for all commercial events. Certain "at risk" activities, i.c. 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 the scheduled event. 10. Under Colorado Law, an equinc professional is not liable for any injury to or thc death ofaj participant in equine activitics resulting in the inherent risks of equine activitics, pursuant to Scction 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, Uscr hercby agrccs to indemnify, and hold harmlcss, Prowers County, its officers, agents, and employees from and against any and all claims for liability assertcd for personal injury, or property damage to any and all persons or cntitics whatsocver, and arising out of thc Uscr's rental ofProwers County's propcrty as hereinabove set forth. This indemnification expressly extends to any and all damage awards, and shall further cover all costs of defense, which shall be conducted in Prowers County's sole discretion, including attorney's and expert witness fees. 12. Thc Agreement shall bc and becomc binding upon, and inure to thc bencfit of the parties hercto, their heirs, personal representativcs, successors and designs. Any action ncccssary to construc, interpret, or cnforce 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 law an agreement to recover its costs and expenses therein incurred, including reasonable attoreys' and expert witness fees, 13. Falsified or misleading information on this form may be causc for cancellation ofthis Agrcement and forfeiture of thc Damage/Cleaning Dcposit and/or Rental Fccs paid and may rcsult in loss of futurc usagc of thc 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 to the event. The User will be familiarized with information pertaining to use ofthe facility, obtain kcys, and will havc thc opportunity to ask questions of the Fairgrounds caretaker. The Fairgrounds Carctakcr can bc rcached by calling 719-931-0034 and is availablc to schedulc 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 a/ orienlation, however; are expected to cooperate with the expectations for se 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 schedulc may change to correlate with an cvent; however, changes must bc prc-approved and arc at thc discrction ofthe Prowers County Maintenance Supervisor. 15. Every effort has been madc to provide that the Rented Premiscs is adcquately maintaincd and appropriately prepared for normal use. Iti is further understood that the building and grounds systems can, and do, fail at times. Failures may include, but are not limited to: electrical outlet power losses and blown breakers due to abnormal use and overloaded circuits, public announcing or loudspeaker malfunctions, lighting failures, water supply problems, and restroom malfunctions, etc. Therc are no guarantees against such failures cither implied or stipulated in this Agrccment. Prowers County Personncl will only bc made availablc during off-hours in thc Update 07/09/2024 3 Fairgrounds Rental Agrccment 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 costs incurred by Prowers County due to responding to non-emergency calls for service, facility or grounds clcan-up, and sub-contractor repairs for damages to equipment or facilities will be billed to the user at a rate of2 times the actual costs. Iti is the User's responsibility to minimize non-emergency calls for service. 17. The Uscr agrees that it is their responsibility to provide, and bc responsible for, thc equipment or supplies necessary to circumvent potential failures in the buildings, restrooms, or arcna including, but not limited to: portable gencrators, portable toilets, portable amplificr or loudspeaker systems, water, and/or water trucks for wetting a dusty arena floor, toilet paper and hand towel paper supplies, first aid supplies, etc. 18. The User is specifically responsible to ensure adherence to these written and any posted policies and to: a) Providc written documentation spccifying any concerns, system failurcs, or break-downs and deliver that documentation to the Fairgrounds Caretaker. Please do not manipulate circuit breakers. b) Pick-up trash and dcbris accumulated during thc event including parking arcas and deposit the trash in the 55-gallon trash drums provided, or if full, 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 ouldoor restrooms, the kitchen, and concession stands and lcavc fixturcs, appliances, and counter surfaces clean. Swccp and mop, or vacuum indoor floor surfaces. c) Make appropriatc arrangements for providing the nccessary crowd control, public safcty, and building sccurity for thc cvent. ) Ensurc that schedulcd dancc cvents cnd at 12:00 Midnight; no exceptions. g) Provide event security and present evidence ofs said security upon request by the Commissioners. 19. Prowers County assumes no responsibility for lost or stolcn itcms. 20. Alçohol 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 safcty cmergency call: 911. I have read, understand, and agrec to the terms and conditions outlined in this agreement. Date: Sept.18,2024 Organization: LCC Ag Authorizing Agent Printed namc: Brian Gauck Authorizing Agent Signature: Ban 2 Haub For Rodeo Events: Authorized Tractor/Equipment Operator Printed Name: Updatc 07/09/2024 4 Fairgrounds Rental Agrcement PROWERS COUNTY FAIRGROUNDS FEE SCHEDULE Resident or Non-Resident # of Not For Facilities Requested Local For or Non-Local days/head Total Profit Profit For Profit of livestock Arena Rent $150 $300 $970 Daily Pavilion Rent $150 $300 $970 Daily Home Economics' Bldg. Rent $250 $250 $500 Daily Vaqueros Bldg. Rent $225 $225 $425 Daily Use of 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 Lot ONLY $10 $10 $20 Daily Elmer's Garden $0.00 $0.00 $0.00 Daily 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 fee is still subject to 50/50 split, at the Commissioners' discretion TOTAL (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 of not-for-profit status. 3. A commercial event is defined as an activity where fees are charged to entrants and the sponsoring entity ofthe from the or where goods or services are offered for sale or lease retains some or all proceeds activity The Commissioners: reserve the right to determine if an event is a commercial activity. to the general public. in addition to the fees listed on the attached fee schedule in the amount 4. Commercial vendors will pay a fee sales will be verified of 1% of gross sales, based upon the vendor's s projections. The amount ofthe projected by comparison ofthe 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. in in with a Event must follow the policies set forth a. RV or Camper Parking conjunction Registered 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 Street, Suite 215, Lamar, CO 81052 or by calling (719)336-8025 during normal business hours OR at the Fairgrounds Drop Box. ii. Each individual RV hook-up is provided for use exclusively by only one reserved RV. There is no sharing of electrical or water hook-ups. iii. No horses or livestock shall be penned near or around RV hook-up areas. Paid RV users must pen horses in covered stalls. electrical iv. No RV, Trailer, Camper or Horse Trailer electrical hook-ups are allowed at any outlet located on the Pavilion Structure. V. The individual or organization on record at the Prowers County Administration Office will be responsible to pay for any damage incurred due to unauthorized electrical 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: refunded for and accounted a. Covered and uncovered stall fees are to be reserved, collected, cleaning, for by the Event Organizer with the understanding that if covered 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: collected, and accounted for the Event a. RV Electrical and water hook-up fees are to be reserved, by Organizer with the understanding that: reserved RV. i. Each individual RV hook-up is provided for use exclusively by only one 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 rodeo Conditions for use ofthe facilities for all events registered events in-season from April through October. following information: including registered rodeo events are specifically detailed in the 1. Prowers County Fairgrounds Facility Rental Reservation 2. Prowers County Fairgrounds Facility Rental Agreement, 3 pages. Revised October 20, 2011. 3. Fairgrounds Fee Schedule, 2 Revised Agreement, 1 page. Revised October 20, 2011. 4. All event pages. October 18, 2011. organizers who may be interested in reserving the rodeo event are encouraged to read very carefully all of the rental Prowers County Fairgrounds for a registered before scheduling any rodeo event. information provided by Prowers County REGISTERED RODEO EVENTS: Scheduled registered rodeo events are to be conducted in with use of the Prowers County Fairgrounds. Event cooperation the established fees and agreements for literature distributed to potential rodeo organizers are encouraged to include this information in all event participants in an effort to lessen costly misunderstandings during the event. Unless otherwise specified, the following are applicable to rodeo registered events: 1. The fairgrounds rodeo arena is watered organizers is prohibited. The rodeo regularly using a water reel. Use of the water reel event arena may be watered once by event organizers request only if scheduled and coordinated daily during a registered rodeo event at the 2. The fairgrounds rodeo arena is worked prior to the rodeo with the Fairgrounds Caretaker, County equipment. the event by the Fairgrounds Caretaker Prowers Working arena during the event is the oft using county tractor and attached arena finisher responsibility the event coordinator. The driver, for the duration ofthe king are available for use by the event coordinator, or event. A key to the tractor is specified on-site with the Fairgrounds Caretaker for provided only after the specified driver has met 3. Concession stand use is by reservation only. operating Call the instructions. Prowers reserve. County Extension service (719-336-7734)1 to 4. The event organizer is responsible to reserve and collect fees for covered County Pavilion. The stalls are located in the Prowers stalls located in the Prowers Staff before the event. County Sale Barn and set-up by Prowers County 5. The event organizer is responsible for ensuring the following: a. Scheduling with the Fairgrounds Caretaker for setting horse stalls b. Scheduling with the Fairgrounds Caretaker for up in the Pavilion. 6. The event organizer is responsible for cleaning the stalls after the event. camping, and horse stall fees. reserving and collecting all fees associated with R.V. hook-ups, dry The event organizer is responsible for ensuring the following: 1. No horses shall be tied or penned at, or near, any R.V. electrical parking area and arena parking area or water hook-up located at thei arena County Pavilion. fencing, or at the R.V. hook-ups located north of the Prowers 2. No R.V. campers, horse trailers, or other similar vehicles shall not be allowed any electrical cord into the electrical outlets located in the Prowers to park near, and/or plug 3. No horses shall be tied to, or penned near, County Pavilion. County Fairgrounds any permanent fence or any tree located anywhere on Prowers property. Update 08/27/2024 7 Fairgrounds Rental Agreement and horse shall be located in the southwest dirt parking area only. Under no 4. All dry camping penning and be located on roto-mill, asphalt, or grass areas elsewhere circumstances shall dry camping penning The Event Organizer is responsible for the cost of clean- on the Prowers County Fairgrounds property. upifhorses are penned or tied in areas outside dry camp areas. for one R.V. for use during registered rodeo events are (1) 5. All R.V. hook-ups (pedestal) circumstances provided shall more than one R.V. camper plug into a reserved pedestal. camper only. Under no and driveways, grassy areas, 6. All horses and livestock are prohibited from access to paved pedestrian treed areas, and covered buildings with the exception of the Prowers County Pavilion. Update 08/27/2024 8 Fairgrounds Rental Agreement USE OF THE PROWERS COUNTY FAIRGROUNDS R.V. ELECTRIC PEDESTALS In an on-going effort to mitigate potential damage, and to maintain responsibility ofthe Event Organizer to remind each safe, reliable electrical pedestals it is the camper utilizing the pedestals that: Each electrical pedestal is wired for 50 amp., 30 amp., or 20 uses multiple or piggyback cords and appliances. amp. and should not be overloaded with Each electrical pedestal is intended to be used by a single user. One 30, or 20-amp outlet that best meets the required load for each R.V. camper one pedestal. Choose one 50, Each electrical pedestal is complete and for or Camp Trailer. be removed and/or the electrical outlets, ready use. Under no circumstances shall the face plate cover Use only safe and well-maintained electrical wiring, or related pedestal components be manipulated. cords and no circumstances shall exposed cord wires be direct plugs designed to carry the specified load. Under Do not secure livestock or pets to the electrical wired into any electrical pedestal or pedestal outlet. pedestals or water campsites or throughout the fairgrounds. hydrants located in designated R.V. The electrical pedestal located north of the Crow's Nest is intended available for campers. for auxiliary use only and is not Report any damaged pedestals to the event coordinator, or staff discovered. Damage to pedestals will be charged to the event fairgrounds as soon as the damage is or replacement. organizer at a rate double the cost for repair Under no circumstances shall RV Pedestals be used by vendors. Campers are encouraged to use the electrical pedestals safely and The potential safety hazards are reported to event coordinators for immediate responsibly. pedestals are checked daily and include re-locating campers who share pedestals, corrective actions. Recommendations may electrical pedestal, or requiring compensation for removing and replacing hazardous cords, rescinding use of an repairing damaged pedestals. Update 08/27/2024 Fairgrounds Rental Agreement HOME EC. BUILDING CHECKLIST Do not tape or hang decorations from the ceiling grid or ceiling tile. Do not tape or staple decorations to tables, chairs, walls, windows, or doors Please place all chairs and tables back as they were before leaving. Cleaning supplies are in the custodial supply closet located in the men's room. Clean and put away any items that you used. Please clean and dry all counter tops, sinks, and appliances in restrooms. Sweep and Vacuum 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. Turn the meeting room lights off. Please return thermostat settings back to the original temperature. (689 in the winter or 759 in the summer) Close and lock all windows and doors. Place the building keys in the drop box located near the south door. Please leave the building in the condition you found it. Please call (719) 931-0034 to reach the caretaker. KITCHEN CHECKLIST Please plan for enough time to clean-up after use. It is your responsibility to clean the Kitchen after using it. Wash all dishes and utensils and place back in the proper location. Wipe off all counter tops. Clean all of the appliances you use including the stove, microwave, coffee machine, and refrigerator, Clean and 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 10 Fairgrounds Rental Agreement VAQUEROS BUILDING CHECKLIST Do not tape or hang decorations from the ceiling grid or ceiling tile. Do not tape or staple decorations to tables, chairs, walls, windows, or doors Please place all chairs and tables back as they were before leaving. Cleaning supplies are in the custodial supply closet located in the men's room. Clean and put away any items that you used. Please clean and dry all counter tops, sinks, and appliances in restrooms. Sweep and Vacuum 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. Turn the meeting room lights off. Please return thermostat settings back to the original temperature. (689 in the winter or 759 in the summer) Close and lock all windows and doors. Place the building keys in the drop box located near the south door. Please leave the building in the condition you found it. Please call (719) 931-0034 to reach the caretaker. KITCHEN CHECKLIST Please plan for enough time to clean-up after use. It is your responsibility to clean the Kitchen after using it. Wash all dishes and utensils and place back in the proper location. Wipe off all counter tops. Clean all of the appliances you use including the stove, microwave, coffee machine, and refrigerator. Clean and 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 CE PROWERS COUNTY MAR 17 2025 REQUEST FOR WAIVER OF FEES AT FAIRGROUNDS On behalf of LCC/ AG I do hereby request a waiver of fees for rental of the Fairgrounds. The waiveri is needed because LCC NA hezlng guerek, FFA CDE Conbsta maseh26, 2025 aA R a L LA Lapl Career lvent Ac EFA aR // ala 815 Can tata. yaur an usk paug Adulla. March 26, 2025 Date(s) of Event Be Buk 7M8117,2025 Authorized Agent Date Fees Included in Waiver Request Booking Fee $ Rud BArena Rent S ISD Pavilion Rent $ 50 o0 Home Ec Bldg Rent $ 250 Vaqueros Bldg Rent $ 22500 Parking Lots $ Arena Pens $ sep v Head Pavilion Boarding $ J RVI Parking $ - Dry Camping $ 04 Depostt 4 1, 000.0D Request is approved with the following conditions: a Date: 9-18-2425 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: 4-8-2025 Submitter: Administration Office Submitted to the County Administration Office on: 3-4-2025 Return Originals to: N/A Number of originals to return to Submitter: N/A Contract Due Date: Item nitle/Recommended Board Action: Consider ratifying 3-18-2025 verbal poll approval of appointing Bryon Marples to the Deadman Drainage District Board for a term to expire August 2028. 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 AGENDA ITEM REQUEST FORM Hearing Date Requested: 4-08-2025 Submitter: Administration Office Submitted to the County Administration Office on: 3-19-2025 Return Originals to: Administration Office Number of originals to return to Submitter: 1 Contract Due Date: Item Tide/Recommended Board Action: Consider approval of Credit Card Authorization Request for Jacqueline Harbert, Prowers Area Transit, credit card limit of $1,000.00. 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 CREDIT CARD AUTHORIZATION REQUEST Date: 319:25. The employees listed below are authorized for issuance of a credit card for county business usage. They understand and will comply with the county policy regarding such cards, and are authorized for the amounts listed: Employee Name Card# Amt. Purpose of Authorization Date Issued (Completed by hequelinuacht Authorized Adm. Office) LDO6 6 ADDRESS: STATEMENT ADDRESS: The employees listed below are no longer authorized for a county credit card. The card is attached and the authorization should be discontinued the date listed. Employee Name Credit Card Acct # Authorization Datc Cancelled (Completed by. Adm. Office) End Date Darren Glover 4802 1865 9001 8403 3/3/2025 3/17/2025 Mbn haik Signature Admin Drechr Title Title Puers Ace Tusst Office/Department Approved: Date Chairman Prowers County Board of Commissioners PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 4-8-2025 Submitter: County Administration Office Submitted to the County Administration Office on: 3-18-2025 Return Originals to: N/A Number of originals to return to Submitter: N/A Contract Due Date: Item Tite/Recommended Board Action: Consider approval of Sand & Sage Round-Up Fair Board's request to have a Beer Garden at the County Fairgrounds during the 2025 Sand and Sage Fair. Justification or Background: Annual Event Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: $ Other: $ Approved by the County Attorney on: Additional Approvals (if required): PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 4-8-2025 Submitter: County Administration Office Submitted to the County Administration Office on: 3-18-2025 Return Originals to: Jana Coen & Administration Number of originals to return to Submitter: 1 Contract Due Date: Item Tile/Recommended Board Action: Consider approval of a Letter of Authorization for Sand & Sage Round-Up Fair Board to have a Beer Garden on County Fairgrounds during the 2025 Sand & Sage Fair. Justification or Background: Annual Event Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: $ Other: $ Approved by the County Attorney on: Additional Approvals (if required): Board of County Commissioners Prowers County 301 South Main, Suite 215 OLo : 1 Lamar, Colorado 81052-2857 (719) 336-8025 FAX: (719) 336-2255 TYH HARMON RON COOK ROGER STAGNER FIRST DISTRICT SECOND DISTRICT THIRD DISTRICT April gth, 2025 Lamar City Council 102 E. Parmenter Street Lamar, Colorado 81052 RE: Authorization for Beer Garden on County Fairgrounds Dear City Council Members, On April gth 2025, the Prowers County Board of County Commissioners voted to allow the Sand & Sage Round-up Board to hold a Beer Garden on the Prowers County Fairgrounds during the 2025 Sand & Sage Fair. We respectfully ask for your support in securing necessary beverage variances for this event. Please do not hesitate to contact us if you need any further information or assistance. Thank you for your attention in this matter. Sincerely, Ron Cook County Commissioner Roger Stagner County Commissioner Ty Harmon County Commissioner PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 4-8-2025 Submitter: Paula Gonzales, Finance Director Submitted to the County Administration Office on: Email Poll 3-21-25 Return Originals to: Administration & Jana Coen Number of originals to return to Submitter: 1 Contract Due Date: Item ntle/Recommended Board Action: Consider ratifying 3-23-2025 email poll approval for payment of bills presented for County General A/P Fund in the amount of $42,821.59, with a certification date of March 25, 2025, and authorizing the use of the Commissioner's signature stamps. Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: $ Other: $ PROWERS COUNTY APPROVE TO PAY APPROVE PAYMENTS AS HEREIN SET FORTH. CHECK NUMBERS AS LISTED BELOW ARE. ALL INCLUSIVE, ARE SET OPPOSITE THEIR NAMES, AND TOTALING THE SUM OF: $42,821.59 DRAWN ON COUNTY GENERAL FUNDS. DATED AS OF: March 25, 2025 # A/P PAYROLL FRINGES COUNTY GENERAL FUND $ 26,945.43 ARPA FUND $ FSA ACCOUNT $ BOOKING FEES ACCOUNT $ PUBLIC HEALTH AGENCY $ 9,297.98 ROAD & BRIDGE FUND $ 3,014.17 SALES & USE TAX FUND $ CONSERVATION TRUST FUND $ CAPITAL FUND $ OTHER AGENCIES FUND $ LODGING TAX FUND $ 250.00 CRMC FUND $ 2,701.19 OPC FUND $ 612.82 Totals $ 42,821.59 $ $ DATE: March 25, 2025 977 BOCE CHAIRMAA DATE: March 25, 2025 A QOM ASSTONER DATE: March 25, 2025 U COMMISSIONEA DATE: March 25, 2025 L CLERK TO THE BOARD Total Paid Approve To Pay $ 42,821.59 AP + Fringes $ 42,821.59 Total Pd Certification Payroll $ 42,821.59 Total Payroll + Fringes $ STATE OF COLORADO) Ending Check No. 74792 : SS: Beginning Check No. 74758 COUNTY OF PROWERS) 1 Total Number of Checks: 35 olou Cowyplou A Prowers County Treasuler's Office PROWERS COUNTY TREASURER CERTIFICATION COUNTY GENERAL FUND 01 0010 March 25,2025 74621-74757 $ 26,945.43 $ 74772 Void Printing Error $ Payroll $ - Fringes $ Totals 26,945.43 ARPA 02 0018 $ $ Payroll $ Fringes $ Total $ ROAD & BRIDGE FUND 02 0020 $ 3,014.17 $ Payroll $ Fringes $ Total_s 3,014.17 FSA (Cafeteria) 552 0552 $ $ Totals Sheriff's Booking Fees 0675 $ $ Payroli $ Total $ SALES & USE TAX FUND - 03 0900 $ $ Total_s CONSERVATION TRUST FUND 06 0130 $ $ Total_s CAPITAL FUND - 07 0100 $ $ Totals OTHER. AGENCIES FUND- 08 $ $ Totals LODGING TAX 09 0014 $ 250.00 $ Payroll $ Fringes $ - Total $ 250.00 PUBLIC HEALTH AGENCY 11 0676 $ 9,297.98 $ Payroll $ Fringes $ Total $ 9,297.98 CRMC 0016 $ 2,701.19 $ Payroll! $ Fringes $ Total $ 2,701.19 - PC 0017 $ 612.82 $ Payroll S Fringes $ Total $ 612.82 Paula Gonzales, Finance Director GRAND TOTALL $ 42.821.59 Check Register - Prowers County, CO Packet: APPKT00026 - 103.03.2025 March 25, 2025 1 25 - By Check Number CLORATO Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: General Fund Op-General Fund Operating Account AIR1 A-1 Rental & Sales 03/25/2025 Regular 0.00 44.62 74758 AMAZON Amazon Capital Services 03/25/2025 Regular 0.00 7,220.39 74759 ATM1 Atmos Energy 03/25/2025 Regular 0.00 271.19 74760 HERNANDEZB Brad Hernandez 03/25/2025 Regular 0.00 312.34 74761 WalkinshawB Breeann Walkinshaw 03/25/2025 Regular 0.00 500.00 74762 Canon1 Canon Financial Services 03/25/2025 Regular 0.00 155.21 74763 CAR1 CARSE 03/25/2025 Regular 0.00 200,00 74764 CINTASCORP CINTAS CORPORATION NO. 2 03/25/2025 Regular 0.00 230.17 74765 CSS1 Cliff's Gas & Diesel LLC 03/25/2025 Regular 0.00 197.14 74766 DEL1 Coloradoland Tire & Service 03/25/2025 Regular 0.00 203.99 74767 VISTA DESTINATIONIQ 03/25/2025 Regular 0.00 250.00 74768 DKC1 Double K Car' Wash 03/25/2025 Regular 0.00 16.89 74769 FDFS FIRST DUE FIRE & SAFETY 03/25/2025 Regular 0.00 426.00 74770 GNB1 GNBank 03/25/2025 Regular 0,00 17,952.54 74771 **Void** 03/25/2025 Regular 0.00 0.00 74772 GOBINS Gobin'sInc. 03/25/2025 Regular 0.00 295.66 74773 GRANITE Granite Telecommunications, LLC 03/25/2025 Regular 0.00 476.13 74774 GTA1 Great America Financial Services 03/25/2025 Regular 0.00 174.85 74775 THEHOME HDS Supply formerly HD. Pro 03/25/2025 Regular 0.00 966.91 74776 FPL6 John Deere Financial 03/25/2025 Regular 0,00 49.98 74777 FPL1 John Deere Financial 03/25/2025 Regular 0.00 209.32 74778 JRAUDIO JR. Audio 03/25/2025 Regular 0.00 362.50 74779 LAMARAN Lamar Animal Medical Center 03/25/2025 Regular 0.00 249.23 74780 LAP1 Lamar Auto Parts 03/25/2025 Regular 0.00 173.14 74781 LBM1 Lamar BMS 03/25/2025 Regular 0.00 21.05 74782 LCC2 Lamar Chamber of Commerce 03/25/2025 Regular 0.00 420,00 74783 PSL1 Pitstop Oil, LLC 03/25/2025 Regular 0.00 1,951.86 74784 RRA2 Rockmount Research & Alloys Inc 03/25/2025 Regular 0.00 473.11 74785 RAP1 Ron Austin Repair Shop 03/25/2025 Regular 0.00 600.05 74786 SAP1 Sanofi Pasteur Inc 03/25/2025 Regular 0.00 1,473.94 74787 MRS1 Shred America 03/25/2025 Regular 0.00 1,584.74 74788 SPU1 Specimens Unlimited 03/25/2025 Regular 0.00 55.00 74789 SYMM1 Symmetry Energy Solutions 03/25/2025 Regular 0.00 4,726,95 74790 TIN1 Terminix Processing Center 03/25/2025 Regular 0.00 158.00 74791 VER1 Verizon' Wireless 03/25/2025 Regular 0.00 418,69 74792 Bank Code General Fund Op Summary Payable Payment Payment Type Count Count Discount Payment Regular Checks 101 34 0.00 42,821.59 Manual Checks 0 0 0.00 0.00 Voided Checks 0 1 0.00 0.00 Bank Drafts 0 0 0.00 0.00 EFT's 0 0 0.00 0.00 101 35 0.00 42,821.59 3/20/2025 9:44:02 AM Page 1 of 2 Check Register Packet: APPAT0026403032025 March 25, 2025 Fund Summary Fund Name Period Amount 999 Pooled Cash 3/2025 42,821.59 42,821.59 3/20/2025 9:44:02 AM Page 2 of 2 PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 4-8-2025 Submitter: Department of Human Services Submitted to the County Administration Office on: 3-24-2025 Return Originals to: Department of Human Services & Jana Coen Number of originals to return to Submitter: 1 Contract Due Date: ASAP Item Tite/Recommended Board Action: Consider approval of a Proclamation to proclaim April as Child Abuse Prevention Month. Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: $ Other: $ Approved by the County Attorney on: PROWERS COUNTY PROCLAMATION FOR CHILD ABUSE PREVENTION MONTH WHEREAS, every one of the more than 1.2 million children in Colorado today deserve to be valued, healthy and thriving; and WHEREAS, children are our future employees, leaders and neighbors and will shape the future of Colorado; and WHEREAS, positive childhood expenences build healthy families and strong communities; and WHEREAS, childhood trauma, including abuse and neglect, is a serious problem aflecting every segment of our community, and finding solutions requires input and action from everyone; and WHEREAS, childhood trauma can have long-term psychological, emotional, and physical eflects that have lasting consequences for victims of abuse; and WHEREAS, everyone benelits when we focus on addressing underlying causes that lead to health and social inequities; and. WHEREAS, we all have a role in cnsuring that children have positive experiences and that families have the resources they need, when they need them; and WHEREAS, when parents, caregivers, family, friends, neighbors, employers and elected leaders work together to increase five critical protective factors in lamilies' lives, that is when we can prevenl child abuse, strengthen families and build brighter childhoods; and, WHEREAS, effective child abuse prevention activities succeed because of the partnerships created between child welfare professionals, education, health, community- and faith-based organizations, businesses, law enforcement agencies, and families; and WHEREAS, we acknowledge thal we must work together as a community m partnership to build awarcness about child abuse and contribute to promote the social and emotional well-being of children and families in a safe, stable, and nurturing environment; and WHEREAS, strengthening families remains the best defense for our children and families. NOW, THEREFORE, we, the Board of Commissioners, do hereby proclaim April as NATIONAL CHILD ABUSE PREVENTION MONTH in Prowers County, Colorado and urge all citizens to recognize this month by dedicating oursclves to the task of improving the qualily of life for all children and families. CHILD ABUSE PREVENTION MONTH Done this day of. 2025. Prowers County Board ofCommissioners Ron Cook, Chairman Roger Stagner Ty Harmon ATTEST: Jana Coen PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 4/8/25 Submitter: Don Wilson, County Administrator Submitted to the County Administration Office on: Email Poll 3/24/25 Return Originals to: Don Wilson & Jana Coen Number of originals to return to Submitter: 1 Contract Due Date: N/A Item Titl/Recommended Board Action: Consider ratifying 3-24-2025 email poll approval to submit a letter of support to U.S. Senator Michael Bennet, U.S. Senator John Hickenlooper, and Congresswoman Lauren Boebert (CD-4) on behalf of OEM / Rural Fire for Congressional Direct Spending in regards to funding of] Rural Fire Station Design and Build. 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): Board of County Commissioners Prowers County 301 South Main, Suite 215 OLORA AD Lamar, Colorado 81052-2857 (719) 336-8025 FAX: (719) 336-2255 TYH HARMON RON COOK ROGER STAGNER FIRST DISTRICT SECOND DISTRICT THIRD DISTRICT U.S. Senator Michael Bennet U.S. Senator John Hickenlooper U.S, Congresswoman Lauren Boebert (CD-4) Dear Senator Bennet, Senator Hickenlooper, and Congresswoman Boebert, The Board of County Commissioners for Prowers County, Colorado, is pleased to write this letter in support of appropriating Congressionally Directed Spending (CDS) funds for the Prowers County Rural Fire Station Project. CDS funds would allow our rural community to build a new Rural Fire Station to better provide public safety services to the region. With this project, Prowers County intends to construct a simple fire station on the south side of Lamar to alleviate overcrowding at the shared station, reduce response time for all County residents and visitors, and diversify the available equipment on the north and south sides of the railroad tracks that bisect Prowers County. The new fire station will also include offices, public meeting spaces, training facilities, showers, and bunks for our volunteers. The Board of County Commissioners for Prowers County, Colorado, encourage you to support this important project. Your advocacy will significantly benefit Prowers County and help make this project a reality. Thank you for your consideration. Sincerely, Board of County Commissioners for Prowers County, Colorado Ron Cook Ak 924 County Commissioner Roger Stagner County Commissioner A Ty Harmon County Commissioner PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 4/8/25 Submitter: Don Wilson, County Administrator Submitted to the County Administration Office on: Verbal Poll 3/24/25 Return Originals to: Don Wilson & Jana Coen Number of originals to return to Submitter: 1 Contract Due Date: N/A Item Tite/Recommended Board Action: Consider ratifying 3-25-2025 verbal poll to submit a letter of support to U.S. Senator Michael Bennet, U.S. Senator John Hickenlooper, and U.S. Congresswoman Lauren Boebert (CD-4) on behalf of] Ports to Plains for Congressional Direct Spending in regards to funding an update to the Environmental Assessment for the U.S. 287 Reliever Route. 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): Board of County Commissioners Prowers County 301 South Main, Suite 215 Lamar, Colorado 81052-2857 (719) 336-8025 FAX: (719) 336-2255 TYI HARMON RON COOK ROGER: STAGNER FIRST DISTRICT SECOND DISTRICT THIRD DISTRICT U.S. Senator Michael Bennet U.S. Senator John Hickenlooper U.S. Congresswoman Lauren Boebert (CD-4) Dear Senator Bennet, Senator Hickenlooper, and Congresswoman Boebert, On behalf of Prowers County, Colorado, we would like to express our strong support for the submission of Congressionally Designated Spending (CDS) requests to U.S. Senators Michael Bennet and John Hickenlooper, as well as the Community Project Funding (CPF) request to Congresswoman Lauren Boebert for the completion of an updated Environmental Assessment for the U.S. 287 Lamar Reliever Route. The U.S. 287 Lamar Reliever Route has been a key infrastructure project for our region for many years. Originally identified in the 2004 Ports-to-Plains Corridor Development and Management Plan, the project aimed for completion between 2011 and 2015. However, due to the passage of time and changes in conditions, it has become essential to update the 2013 Environmental Assessment conducted by the Colorado Department of Transportation (CDOT), the Federal Highway Administration, and CDOT Region 2 to ensure that the project meets current standards and requirements. As the county in which Lamar resides, we are keenly aware of the importance of this project to the local economy and regional connectivity. The Lamar Reliever Route will improve traffic flow, enhance safety, and provide long-term benefits to our communities and the state as a whole. We respectfully ask for your consideration and support in securing the necessary funding to complete the updated Environmental Assessment for this vital project. Please do not hesitate to contact us ifyou need any further information or assistance. Thank you for your attention to this important matter. Sincerely, Ron Cook 8m County Commissioner Roger Stagner County Commissioner Ty Harmon /4 - County Commissioner PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 4/8/25 Submitter: Don Wilson Submitted to the County Administration Office on: 3/25/25 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 resolution accepting the 2025 Comprehensive Plan adopted by the Planning Commission March 12th, 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): RESOLUTION NO. 2025- RESOLUTION OF THE BOARD OF COUNTY COMMISSISSIONERS OF PROWERS COUNTY, COLORADO, ACCEPTING THE ADOPTION OF THE 2025 COMPREHENSIVE PLAN AS RECOMMENDED BY THE PROWERS COUNTY PLANNING COMMISSSION WHEREAS, the Prowers County Planning Commission, by direction of the County Commissioners may preforming the functions of County Planning and land use oversight within the unincorporated territory of Prowers County, Colorado; and WHEREAS, pursuant to $ 30-28-108 C.R.S, The Prowers County Planning Commission may adopt the county or regional master plan (aka comprehensive plan) as a whole by a single resolution, and; WHEREAS, in September of 2023 the County, under the guidance of the Prowers County Planning Commission, began the process of creating and updating the Prowers County Comprehensive Plan; and WHEREAS, a steering committee made up of local community members was developed and engaged on the creation oft the 2025 Comprehensive Plan, and; WHEREAS, from October of 2023 through March of 2025, county staff, plan consultants, and other designated officials, conducted 19 community engagement events throughout the County, and; WHEREAS, the feedback oft the Comprehensive Plan Steering Committee and the robust community engagement events, has led to a Comprehensive Plan shaped by the needs, visions, and objectives of the people of Prowers County, and; WHEREAS, on March 12th, 2025, the Planning Commission conducted a properly noticed public hearing in regard to the draft of the 2025 Comprehensive Plan, and; WHEREAS, the Planning Commission believes it is in the best interest ofthe County and moved, seconded, and adopted the 2025 Comprehensive Plan by a majority oft the Commission following the public hearing held on March 12th, 9 2025, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PROWERS COUNTY, COLORADO: 1. That an attested copy of the Prowers County 2025 Comprehensive Plan has been certified to the Prowers County Board of County Commissioners pursuant to $ 30-28-109 C.R.S. 2. Accept the adoption of the 2025 Comprehensive Plan by the resolution 25-001 ofthe County Planning Commission and that plan shall be the basis for development and land use of the unincorporated territory of Prowers County. INTRODUCED, READ AND ADOPTED this 8th day of April, 2025. RON COOK Chair ATTEST: JANA COEN, County Clerk ROGER STAGNER Commissioner TY HARMON Commissioner PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 4/8/25 Submitter: Don Wilson Submitted to the County Administration Office on: 3/25/25 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 a Resolution Adopting a Temporary Moratorium upon the application, acceptance, processing, and/or approval of any request to Prowers County for a permit, license, and/or for any other Prowers County authorization of any nature related to or in any way connected with the establishment and/or operation of an enterprise or business that proposes to sell or dispense or that sells or dispenses psychedelic mushrooms and three (3) plant based psychedelic substances- Dimethyltyptamine Ibogaine, and Mescaline, pursuant to Article 18, Section 14 ofthe Colorado Constitution. 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 NO. 2025 - ADOPTING A TEMPORARY MORATORIUM UPON THE APPLICATION, ACCEPTANCE, PROCESSING, AND/OR APPROVAL OF ANY REQUESTTO PROWERS COUNTY FOR A PERMIT, LICENSE, AND/OR FOR ANY OTHER PROWERS COUNTY AUTHORIZATION OF ANY NATURE RELATED TO OR IN ANY WAY CONNECTED WITH THE ESTABLISHMENT AND/OR OPERATION OF AN ENTERPRISE OR BUSINESS THAT PROPOSES TO SELL OR DISPENSE OR THAT SELLS OR DISPENSES PSYCHEDELIC MUSHROOMS AND THREE (3) PLANT BASED PSYCHEDELIC SUBSTANCES-DIMETHYLTRYPTAMINE, IBOGAINE, AND MESCALINE PURSUANT TO ARTICLE 18, SECTION 14 OF THIE COLORADO CONSTITUTION. WHEREAS, the voters ofthe State ofColorado voted to adopt Proposition 122 ("Proposition"), which established the "Natural Medicine Health Act of 2022" ("Act"); and WHEREAS, the Act under C.R.S Sec. 12-170-104, includes Psilocybin and Psilocin, and plant-based psychedelic substances Dimethyltryptamine (DMT), Ibogaine, and Mescaline as "natural medicine" and defines a "healing center" as a facility licensed by the state licensing authority that permits a facilitator to provide and supervise natural medicine services for a participant; and WHEREAS, the Act decriminalizes the possession, growing, sharing, and use, but not the sale ofPsilocybin and Psilocin, and plant-based psychedelic substances Dimethyltyptamine (DMT), Ibogaine, and Mescaline; and WHEREAS, the Act allows supervised use ofthe psychedelic mushrooms by individuals aged 21 and over at licensed facilities; and WHEREAS, the Act prohibits local governments from banning licensed facilities, services, and use of natural psychedelic substances permitted, while allowing local governments to regulate the time, place, and manner ofc operation ofthese facilities; and WHEREAS, Department of] Regulatory Agencies and Department of Revenue have recently issued regulations pertaining to the Natural Medicine Act and the County requires an appropriate amount oftime to thoroughly review such regulations to determine what, if any, additional regulations can and/or need to be adopted by the County; and WHEREAS, Prowers County does not currently have any zoning regulations addressing Healing Centers and Natural Medicine facilities and operations; and WHEREAS, in light of the foregoing, the Prowers County Board ofCounty Commissioners ("Board") wish to institute a six-month moratorium on the submission, acceptance, processing, and/or approval for the establishment ofa business that cultivates, processes, dispenses natural medicine and the establishment of any businesses, occupation, or operation for Healing Centers or Natural Medicine in Prowers County after the date of adoption ofthe Resolution; and WHEREAS, this moratorium oflimited duration will allow for zoning regulations and law enforcement policy to be drafted that will be consistent with both the State's objective and the needs ofProwers County; and WHEREAS, the Board believes this moratorium to be in the best interest of the health, safety and welfare oft the residents of] Prowers County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PROWERS COUNTY, COLORADO, AS FOLLOWS; Section 1. The foregoing recitals are incorporated herein by reference. Section 2. Temporary Moratorium and Restrictions. Upon the adoption and execution ofthis Resolution, a moratorium is hereby imposed. During the effective term ofthis Resolution, there shall be no submission, acceptance, processing, or approval of any applications'requests to Prowers County for the establishment ofa business that cultivates, processes, or dispenses natural medicine or the establishment of any business, occupation, operation ofHealing Centers or Natural Medicine Operations or facilities as defined by Colorado Revised Statutes. The moratorium SO adopted by this Resolution shall commence upon the date ofits passage and execution by the Board ofCounty Commissioners and shall continue for a one hundred eighty (180) day period thereafter. Section 3. Termination. This Moratorium shall terminate on the day of 2025, unless it is terminated at an earlier date or extended by further Resolution by the Prowers County Board of County Commissioners. Section 4. Severability. The provisions ofthis Resolution are hereby declared to be severable. Ifany section, paragraph, clause, or provision ofthis Resolution shall, for any reason, be held to be invalid or unenforçeable by a court of competent jurisdiction, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any ofthe remaining provisions of the Resolution. Section 5. Repealer. All prior orders, resolutions, or ordinances in conflict with this Resolution are hereby repealed, only to the extent of such conflict. This repealer shall not be construed as reviving any resolution, ordinance, or part thereof, heretofore repealed. PASSED AND ADOPTED this day of 2025. THE BOARD OF COUNTY COMMISSIONERS OF PROWERS COUNTY, COLORADO Ron Cook, Chairman Roger Stagner, Commissioner Ty Harmon, Commissioner ATTEST: By Jana Coen, County Clerk PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 4-8-2025 Submitter: Paula Gonzales, Finance Director Submitted to the County Administration Office on: Email Poll 3-26-25 Return Originals to: Administration & Jana Coen Number of originals to return to Submitter: 1 Contract Due Date: Item Title/Recommended Board Action: Consider ratifying 3-27-2025 email poll approval for payment of bills presented for County General Fund, Payroll, Payroll AP and AP in the amount of $968,718.67 with a certification date of March 28, 2025, DHS and WHC Fund, Payroll, Payroll AP, and AP in the amount of $299,304.45 with a certification date of March 28, 2025, and H3C Fund, Payroll, Payroll AP and AP in the amount of $116,263.61 with a certification date March 28, 2025 and authorizing the use of the Commissioner's signature stamps. Item Title/Recommended Board Action: 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 APPROVE TO PAY APPROVE PAYMENTS AS HEREIN SET FORTH. CHECK NUMBERS AS LISTED BELOW ARE ALL NCLUSIVE, ARE SET OPPOSITE THEIR NAMES, AND TOTALING THE SUM OF: $971,151.01 DRAWN ON COUNTY GENERAL FUNDS. DATED AS OF: March 28, 2025 # A/P PAYROLL FRINGES 2024 $ COUNTY GENERAL FUND $ 39,973.08 334,052.23 106,696.95 2024 $ ARPA FUND $ 2024 $ FSA ACCOUNT $ 2024 $ BOOKING FEES ACCOUNT $ 2024 $ PUBLIC HEALTH AGENCY $ 120,411.33 31,351.03 2024 $ ROAD & BRIDGE FUND $ 76,192.37 21,803.14 2024 $ SALES & USE TAX FUND $ 2024 $ CONSERVATION TRUST FUND $ 2024 $ CAPITAL FUND $ 2024 $ OTHER AGENCIES FUND $ 2024 $ LODGING TAXI FUND $ 211.75 66.88 2024 $ CRMC FUND $ 94,220.88 32,508.41 2024 $ OPC FUND $ 84,304.40 29,358.56 Totals $ 39,973,08 $ 709,392/,96 $ 221,784.97 DATE: March 28, 2025 433 BOCCCHAIRMAN DATE: March 28, 2025 COMMISSIPNER DATE: March 28, 2025 GOMMIGEI s NEB DATE: March 28, 2025 CREV CLERKTO THE BOARD Total Paid Approve To Pay S 971,151.01 AP + Fringes $ 261,758.05 Total Pd Certification Payroll $ 261,758.05 Total Payroll + Fringes $ 931,177.93 STATE OF COLORADO) Ending Check No. 74809 j SS: Beginning Check No. 74793 COUNTY OF PROWERS) 1 Total Number of Checks: 17 1 oloe Comploill Prowers County Treastrer's Office PROWERS COUNTY TREASURER CERTIFICATION COUNTY GENERALFUND-01 0010 March28,2 2025 74793-74809 S 39,973.08 Forfeilure $ (2.432.34) Payroll $ 334,052.23 Total Fringes_ $ 106,696.95 Totals 478,289.92 ARPA: 0018 Totals ROAD & BRIDGE FUND. -02 0020 $ Payroll $ 76,192.37 Fringes $ 21,803.14 Total $ 97,995.51] FSA (Cafeteria) 552 0552 $ 2024 $ Totals Sheriff's Booking Fees 0675 $ 2024 $ Payroll! $ Totalfs SALES & USE TAX FUND: -03 0900 $ 2024 $ Totals CONSERVATION TRUST FUND . 06 0130 $ 2024 $ Total_s CAPITAL FUND: -07 0100 $ 2024 $ Totals OTHER AGENCIES FUND- 08 $ 2024 $ Total_s LODGING TAX- - 09 0014 2024 $ Payroll $ 211.75 Total Fringes $ 66.88 Totals 278.63 PUBLIC HEALTHAGENCY- -11 0676 $ Payrol $ 120,411.33 Total Fringes $ 31,351.03 Totals 151,762.36 CRMC 0016 $ Payrall $ 94,220.88 Total Fringes $ 32,508.41 Totals 126,729.29 OPC 0017 $ Payroll $ 84,304.40 Total Fringes $ 29,358.56 Totals 113,662.96 Paula Gonzales, Finance Director GRAND TOTALS 968,718.67 RS Check Register Prowers County, CO Packet: APPKT00029 PR 320251423 By Check Number CORATO Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: General Fund Op-General Fund Operating Account AFL1 Aflac 03/28/2025 Regular 0.00 2,195.64 74793 WHITE Barbara' White 03/28/2025 Regular 0.00 7,870.32 74794 SALAZ Celia M.: Salazar 03/28/2025 Regular 0.00 5,031.00 74795 CLN1 Colonial Life & Accident Ins Co. 03/28/2025 Regular 0.00 1,215.26 74796 CAI1 Continental, American Insurance Con 03/28/2025 Regular 0.00 768.90 74797 CHP1 County Health Pool 03/28/2025 Regular 0.00 146,682,66 74798 ENV1 ESRI 03/28/2025 Regular 0.00 6,950.00 74799 FSR1 Family Support Registry 03/28/2025 Regular 0,00 3,332.22 74800 FNB2 Frontier Bank 03/28/2025 Regular 0.00 172,851.18 74801 1257 Jose Manuel Soto. JR. 03/28/2025 Regular 0.00 3,968.90 74802 LAWOFF Law Office of Rose F. Pugliese, LLC 03/28/2025 Regular 0.00 8,000.00 74803 LEG1 LegalShleld 03/28/2025 Regular 0.00 375.80 74804 MTS1 MASA Global Building 03/28/2025 Regular 0.00 747.00 74805 VEN00954 Mountain Peak Law Group, PC 03/28/2025 Regular 0.00 300.00 74806 WINSORN Nancy' Winsor 03/28/2025 Regular 0.00 8,152.86 74807 NCA1 Nationwide Retirement: Solutions 03/28/2025 Regular 0.00 170,00 74808 PRC5 Prowers Co Treasurer 03/28/2025 Regular 0.00 525.00 74809 Bank Code General Fund Op Summary Payable Payment Payment Type Count Count Discount Payment Regular Checks 17 17 0.00 369,136.74 Manual Checks 0 0 0.00 0.00 Voided Checks 0 0 0,00 0.00 Bank Drafts 0 J 0,00 0.00 EFT's 0 0 0.00 0,00 17 17 0.00 369,136.74 3/25/2025 5:04:54 PM Page 1 of 2 Check Register Packet: APPKT00029-PR: 320251423 Fund Summary Fund Name Period Amount 999 Pooled Cash 3/2025 369,136.74 369,136.74 3/25/2025 5:04:54 PM Page 2 of 2 o N ta 0 - PROWERS COUNTY TREASURER CERTIFICATION OF EXPENDITURES DATE: March 28, 2025 Prepared by: PROWERS COUNTY DEPARTMENT OF HUMAN SERVICES FUND Mindy Maestas SALARY 101513-101555 111,647.90 FRINGE 68266-68280 96,196.57 OPERATING 68256-68265 & 68282 38,405.44 WHC SALARY 54907-54924 30,364.01 WHC FRINGE 9025-9035 22,504.97 OPERATING 9036 246.65 FORFEITURE CRA (61.09) TOTAL:$ 299,304.45 Information Only VOIDED CHECKS #'s: 68281 - - Lanie Mireles, Director PROWERS COUNTY TREASURER CERTIFICATION OF EXPENDITURES DATE: March 28, 2025 Prepared by: HOTLINE COUNTY CONNECTION CENTER FUND Mindy Maestas H3C SALARY 31677-31704 64,484.25 H3C FRINGE 4192-4198 50,026.40 H3C OPERATING 4189-4191 & 4199 1,752.96 TOTAL: $ 116,263.61 Information Only VOIDED CHECKS #'s: V / A luella Kanie Mireles, Director PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 4/8/2025 Submitter: Paula Gonzales, Finance Director Submitted to the County Administration Office on: Email Poll 3/26/25 Return Originals to: Paula Gonzales, Finance Director Number of originals to return to Submitter: 1 Contract Due Date: N/A Item Tite/Recommended Board Action: Consider ratifying 3-27-2025 email poll approval for correction of Grant Reimbursement (EIAF #22288) Request Form, total invoiced amount $39,750.00, amount to be paid by EIAF is $23,080.95 and amount to be paid by Grantee matching funds are $16,669.05 for the Prowers County Advance Manufacturing Tech to be summited to DOLA that was previously approved by the Board on March 11, 2025, and authorizing the use of Chairman Ron Cook's signature stamp. 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): A I A 6 6 6 6 a 6A 6A 6 $ 6 6 6 6 A 3 3 2 a o 5 9 PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 4/08/2025 Submitter: Michelle Hiigel, Land Use Administrator Submitted to the County Administration Office on: 3/27/2025 Return Originals to: Michelle Hiigel Number of originals to return to Submitter: 1 Contract Due Date: Not applicable. Item Title/Recommended Board Action: Consider approval of request by Karl Nyquist, authorized representative for Arkansas River Farms, LLC, to release the Letter of Credit procured by Arkansas River Farms, LLC as per the requirements of the Designated Activity of State Interest or to Engage in Development in a Designated Area of State Interest Amended Permit (1041 Permit). Justification or Background: Karl Nyquist, representative for Arkansas River Farms, LLC, has requested the release of the Letter of Credit for the Arkansas River Farms, LLC Amended 1041 Permit. The property was sold in 2021 and the permit was transferred in 2022 to the new land owner. The new owner was required to obtain a new Letter of Credit per the requirements of the permit. 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! C&A COMPANIES INVEST ADVANCE THRIVE March 3, 2025 Prowers County County Commissioners Attn: Permit Authority 1001 South Main, 2nd Floor Lamar, CO 81052 Re: Arkansas River Farms, LLC - Letter of Request - Release of Letter of Credit RE: Release of Letter of Credit = Arkansas River Farms, LLC - Prowers County 1041 Amended Permit dated December 20, 2019 Permit Authority: Please let this transmission serve as Arkansas River Farms, LLC's ("ARF") formal requests that the Permit Authority authorize the Release the Letter of Credit that was procured in the amount of $145,750.00. As the Authority should be aware, ARF sold all its properties associated with the 1041 Permit, and a new Letter of Credit was secured by the new owner. If you have any questions on the information contained in this letter, please contact me at (303) 389- 6777 or Karleracompanlescom. - look forward to the Authority confirming that ARF's Letter of Credit may now be released. Thank you. Sincerely, Karl Nyquist Authorized Representative for Arkansas River Farms, LLC CC: Michelle Hiigel via electronic mail only PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: April 8, 2025 Submitter: Staffon Warn, Rural Fire Chief Submitted to the County Administration Office on: 3-28-25 Return Originals to: Staffon Warn Number of originals to return to Submitter: 1 Contract Due Date: NA Item Title/Recommended Board Action: Consider approval of Colorado Firefighter Safety and Disease Prevention Grant in the amount of $16,716.00, 100% grant funded with no county matching of funds and authorizing Chairman Ron Cook to execute the Terms and Conditions and Award Acceptance Forms, and authorizing Staffon Warn and Paula Gonzales as the Designated Signature Authority, grant application was submitted on February 18, 2025. Justification or Background: This is a 100% grant to purchase air monitoring equipment. Fiscal Impact: This item is budgeted in the following account code: 01-32-439600 County: $ 0 Federal: $ 0 State: $16.176.00 Other: $ Approved by the County Attorney on: 3-31-2025 Additional Approvals (if required): PLEASE ATTACH THIS SHEET TO ALL AGENDA ITEMS WHEN SUBMITTING TO COUNTY ADMINISTRATION. THANK YOU! STATE CONTROLLER POLICY State of Colorado Small Dollar Grant Award Terms and Conditions 1. Offerl/Acceptance. This Small Dollar Grant/ Award, together with theset terms and conditions (including, if applicable, Addendum 1: Additional Terms and Conditions for Information Technology, and Addendum 2: Additional Terms and Conditions for Federal Provisions, below), and any other attachments, exhibits, specifications, or appendices, whether attached or incorporated by reference (collectively the "Agreement") shall represent the entire and exclusive agreement between the State of Colorado, by and through the agency identified on the face of the Small Dollar Grant Award ("State") and the Subrecipient identified on the face of the Small Dollar Grant Award ("Grantee"). If this Agreement refers to Grantee's bid or proposal, this Agreement is an ACCEPTANCE of Grantee's OFFER TO PERFORM in accordance with the terms and conditions of this Agreement. If a bid or proposal is not referenced, this Agreement is an OFFER TO ENTER INTO AGREEMENT, subject to Grantee's acceptance, demonstrated by Grantee's beginning performance or written acceptance of this Agreement. Any COUNTER-OFFER automatically CANCELS this Agreement, unless a change order is issued by the State accepting a counter-offer. Except as provided herein, the State shall not be responsible or liable for any Work performed prior to issuance of this Agreement. The State's financial obligations to the Grantee are limited by the amount of Grant Funds awarded as reflected on the face of the Small Dollar Grant Award. 2. Order of Precedence. In the event of a conflict or inconsistency within this Agreement, such conflict or inconsistency shall be resolved by giving preference to the documents in the following order of priority: (1) If applicable, Addendum 2: Additional Terms and Conditions for Federal Provisions, below; (2) the Small dollar Grant Award document; (3) these terms and conditions (including, if applicable, Addendum 1 below); and (4) any attachments, exhibits, specifications, or appendices, whether attached or incorporated by reference. Notwithstanding the above, if this Agreement has been funded, inj whole or in part, with al Federal Award, in the event of a conflict between the Federal Grant and this Agreement, the provisions of the Federal Grant shall control. Grantee shall comply with all applicable Federal provisions at all times during the term of this Agreement. Any terms and conditions included on Grantee's forms or invoices noti included in this Agreement are void. 3. Changes. Once accepted in accordance with 51, this Agreement shall not be modified, superseded or otherwise altered, except in writing by the State and accepted by Grantee. 4. Definitions. Thei following terms shall be construed and interpreted as follows: (a) "Award" means an award by a Recipient to a Subrecipient; (b) "Budget" means the budget for the Work described in this Agreement; (c) "Business Day" means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in CRS $24-11-101(1); (d) "UCC" means the Uniform Commercial Code in CRS Title 4; (e) "Effective Date" means the date on which this Agreement is issued as shown on the face of the Small Dollar Grant Award; () "Federal Award" means an award of federal financial assistance or a cost- reimbursement contract, by a Federal Awarding Agency to the Recipient. "Federal Award" also means an agreement setting forth the terms and conditions of the Federal Award, which terms and conditions shall flow down to the Award unless such terms and conditions specifically indicate otherwise. The term does not include payments to a vendor or payments to an individual that is a beneficiary of a Federal program; (g) "Federal Awarding Agency" means a Federal agency providing a Federal Award to a Recipient; (h) "Grant Funds" means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Agreement; () "Matching Funds" mean the funds provided by the Grantee to meet cost sharing requirements described in this Agreement; () "Recipient" means the State agency identified on the face of the Small Dollar Grant Award; (k) "Subcontractor" means third parties, ifany, engaged by Grantee to aid inj performance of the Work; () "Subrecipient" means a non-Federal entity that receives a sub-award from a Recipient to carry out part of a program, but does not include an individual that is a beneficiary of such program; (m) "Uniform Guidance" means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, identified as the 2 C.F.R. (Code of Federal Regulations) Part 200, commonly known as the "Super Circular," which supersedes requirements from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular a-50 on Single Audit Act follow-up; and (n) "Work" means the goods delivered or services, or both, performed pursuant to this Agreement and identified as Line Items on the face of the Small Dollar Grant Award. 5. Delivery. Grantee shall furnish the Work in strict accordance with the specifications and price set forth in this Agreement. The State shall have no liability to compensate Grantee for the performance of any Work not specifically set forth in the Agreement. 6. Rights to Materials. [Not Applicable to Agreements issued either in whole in part for Information Technology, as defined in CRS $ 24-37.5-102(2); in which case Addendum 1 $2 applies in lieu of this section.] Unless specifically stated otherwise in this Agreement, all materials, including without limitation supplies, equipment, documents, content, information, or other material of any type, whether tangible or intangible (collectively "Materials"), furnished by the State to Grantee or delivered by Grantee tot the State inj performance ofi its obligations under this Agreement shall be the exclusive property the State. Grantee shall return or deliver all Materials to the State upon completion or termination oft this Agreement. 7. Grantee Records. Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work (including, but not limited to the operation of programs) performed under this Agreement (collectively "Grantee Records"). Unless otherwise specified by the State, the Grantee shall retain Grantee Records for a period (the "Record Retention Period") of three years following the date of submission to the State of the final expenditure report, or if this Award is renewed quarterly or annually, from the date of the submission of each quarterly or annual report, respectively. If any litigation, claim, or audit related to this Award starts before expiration of the Record Retention Period, the Record Retention Period shall extend until all litigation, claims or audit finding have been resolved and final action taken by the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit, oversight, or indirect costs, and the State, may notify Grantee in writing that the Record Retention Period shall be extended. For records for real property and equipment, the Record Retention Period shall extend three years following final disposition of such property. Grantee shall permit the State, the federal government, and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and transcribe Grantee Records during the Record Retention Period. Grantee shall make Grantee Records available during normal business hours at Grantee's office or place of business, or at other mutually agreed upon times or locations, upon no fewer than two Business Days' notice from the State, unless the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State. The State, in its discretion, may monitor Grantee's performance of its obligations under this Agreement using procedures as determined by the State. The federal government and any other duly authorized agent of a governmental agency, in its discretion, Grantee shall allow the State to perform all monitoring required by the Uniform Guidance, based on the State's risk analysis of Grantee and this Agreement, and the State shall have the right, in its discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State will monitor Grantee's performance in a manner that does not unduly interfere with Grantee's performance of the Work. Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on Grantee Records that relates to or affects this Agreement ort the Page 1 of7 Effective Date: 12/26/2023 STATE CONTROLLER POLICY Work, whether the audit is conducted by Grantee, a State agency or the State's authorized representative, or a third party. If applicable, the Grantee may be required to perform a single audit under 2 CFR 200.501, et seq. Grantee shall submit a copy of the results of that audit to the State within the same timelines às the submission to the federal government. 8. Reporting. IfGrantee is served with a pleading or other document in connection with an action before a court or other administrative decision making body, and such pleading or document relates to this Agreement or may affect Grantee's ability to perform its obligations under this Agreement, Grantee shall, within 10 days after being served, notify the State of such action and deliver copies of such pleading or document to the State. Grantee shall disclose, in a timely manner, in writing to the State and the Federal Awarding Agency, all violations ofi federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment. 9. Conflicts of Interest. Grantee acknowledges that with respect to this Agreement, even the appearance of a conflict of interest is harmful to the State's interests. Absent the State's prior written approval, Grantee shall refrain from any practices, activities, or relationships that reasonably may appear to be in conflict with the full performance of Grantee's obligations to the State under this Agreement. If a conflict or appearance of a conflict of interest exists, or if Grantee is uncertain as to such, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the actual or apparent conflict constitutes a breach of this Agreement. Grantee certifies that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Agreement. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee's Services and Grantee shall not employ any person having such known interests. Grantee acknowledges that all State employees are subject to the ethical principles described in $24-18-105, C.R.S. Grantee further acknowledges that State employees may be subject to the requirements of $24-18-105, C.R.S. with regard to this Grant. 10. Taxes. The State is exempt from federal excise taxes and from State and local sales and use taxes. The State shall not be liable for the payment of any excise, sales, of use taxes imposed on Grantee. A tax exemption certificate will be made available upon Grantee's request. Grantee shall be solely responsible for any exemptions from the collection of excise, sales or use taxes that Grantee may wish to have in place in connection with this Agreement. 11. Payment. Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Agreement that exceeds the Document Total shown on the face of the Small Dollar Grant Award. The State shall pay Grantee in the amounts and in accordance with the schedule and other conditions set forth in this Agreement. Grantee shall initiate payment requests by invoice to the State, in a form and manner approved by the State. The State shall pay Grantee for all amounts due within 45 days after receipt of an Awarding Agency's approved invoicing request, or in instances of reimbursement grant programs a request for reimbursement, compliant with Generally Accepted Accounting Principles (GAAP) and, if applicable Government Accounting Standards Board (GASB) of amount requested. Amounts not paid by the State within 45 days of the State's acceptance of the invoice shall bear interest on the unpaid balance beginning on the 45th day at the rate set forth in CRS $24-30-202/24) until paid int full. Interest shall not accrue if a good faith dispute exists as to the State's obligation to pay all or a portion oft the amount due. Grantee shall invoice the State separately for interest on delinquent amounts due, referencing the delinquent payment, number of day's interest to be paid, and applicable interest rate. The acceptance of an invoice shall not constitute acceptance of any Work performed under this Agreement. Except as specifically agreed in this Agreement, Grantee shall be solely responsible for all costs, expenses, and other charges iti incurs in connection with its performance under this Grantee. 12. Term. The parties' respective performances under this Agreement shall commence on the "Service From" date identified on the face of the Small Dollar Grant Award, unless otherwise specified, and shall terminate on the "Service To" date identified on the face of the Small Dollar Grant Award unless sooner terminated in accordance with the terms oft this Agreement. 13. Payment Disputes. If Grantee disputes any calculation, determination or amount of any payment, Grantee shall notify the State in writing of its dispute within 30 days following the earlier to occur of Grantee's receipt of the payment or notification of the determination or calculation of the payment by the State. The State will review the information presented by Grantee and may make changes to its determination based on this review. The calculation, determination or payment amount that results from the State's review shall not be subject to additional dispute under this subsection. No payment subject to a dispute under this subsection shall be due until after the State has concluded its review, and the State shall not pay any interest on any amount during the period it is subject to dispute under this subsection. 14. Matching Funds. Grantee shall provide Matching Funds, if required by this Agreement. If permitted under the terms of the grant and per this Agreement, Grantee may be permitted to provide Matching Funds prior to or during the course of the project or the match will be an in-kind match. Grantee shall report to the State regarding the status of such funds upon request. Grantee's obligation to pay all or any part of any Matching Funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the purposes of this Agreement by the authorized representatives of Grantee and paid into Grantee's treasury or bank account. Grantee represents to the State that the amount designated Grantee's Matching Funds" pursuant to this Agreement, has been legally appropriated for the purposes of this Agreement by its authorized representatives and paid into its treasury or bank account. Grantee does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Grantee's laws or policies. 15. Reimbursement of Grantee Costs. If applicable, the State shall reimburse Grantee's allowable costs, not exceeding the maximum total amount described in this Agreement for all allowable costs described in the grant except that Grantee may adjust the amounts between each line item of the Budget without formal modification to this Agreement as long as the Grantee provides notice to, and received approval from the State of the change, the change does not modify the total maximum amount of this Agreement, and the change does not modify any requirements of the Work. If applicable, the State shall reimburse Grantee for the properly documented allowable costs related to the Work after review and approval thereof, subject to the provisions of this Agreement. However, any costs incurred by Grantee prior to the Effective Date shall not be reimbursed absent specific allowance of pre-award costs. Grantee's costs for Work performed after the "Service To" date identified on the face of the Small Dollar Grant Award, or after any phase performance period end date for a respective phase of the Work, shall not be reimbursable. The State shall only reimburse allowable costs described in this Agreement and shown in the Budget if those costs are (a) reasonable and necessary to accomplish the Work, and (b) equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that reduce the costs actually incurred). Page 2 of7 7 Effective Date: 12/26/2023 STATE CONTROLLER POLICY 16. Close-Out. Grantee shall close out this Award within 45 days after the "Service To" date identified on the face of the Small Dollar Grant Award, including any modifications. To complete close-out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Agreement and Grantee's final reimbursement request or invoice. In accordance with the Agreement, the State may withhold a percentage of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete. 17. Assignment. Grantee's rights and obligations under this Agreement may not be transferred or assigned without the prior, written consent of the State and execution of a new agreement. Any attempt at assignment or transfer without such consent and new agreement shall be void. Any assignment or transfer of Grantee's rights and obligations approved by the State shall be subject to the provisions of this Agreement. 18. Subcontracts. Grantee shall not enter into any subcontract in connection with its obligations under this Agreement without the prior, written approval oft the State. Grantee shall submit to the State a copy of each subcontract upon request by the State. All subcontracts entered into by Grantee in connection with this Agreement shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this Agreement. 19. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations in accordance with the intent of the Agreement. 20. Survival of Certain Agreement Terms. Any provision of this Agreement that imposes an obligation on: a party after termination ore expiration of the Agreement shall survive the termination or expiration of the. Agreement and shall be enforceable by the other party. 21. Third Party Beneficiaries. Except for the parties' respective successors and assigns, this Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the parties. Any services or benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not create any rights for such third parties. 22. Waiver. A party's failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, orp privilege preclude any other or further exercise of such right, power, or privilege. 23. Indemnification. [Not Applicable to Inter-govemmental agreements) Grantee shall indemnify, save, and hold harmless the State, its employees, agents and assignees (the "Indemnified Parties"), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys' fees and related costs) incurred by any of the Indemnified Parties in relation to any act or omission by Grantee, or its employees, agents, Subcontractors, or assignees in connection with this Agreement. This shall include, without limitation, any and all costs, expenses, claims, damages, liabilities, court awards and other amounts incurred by the Indemnified Parties in relation to any claim that any work infringes a patent, copyright, trademark, trade secret, or any other intellectual property right or any. claim for loss or improper disclosure of any confidential information or personally identifiable information. If Grantee is a public agency prohibited by applicable law from indemnifying any party, then this section shall not apply. 24. Notice. All notices given under this Agreement shall be in writing, and shall be delivered to the contacts for each party listed on the face of the Small Dollar Grant Award. Either party may change its contact or contact information by notice submitted in accordance with this section without ai formal modification to this Agreement. 25. Insurance. Except as otherwise specifically stated in this Agreement or any attachment or exhibit to this Agreement, Grantee shall obtain and maintain insurance as specified in this section at all times during the term of the Agreement: (a) workers' compensation insurance as required by state statute, and employers' liability insurance covering all Grantee employees acting within the course and scope of their employment, (b) Commercial general liability insurance written on an Insurance Services Office occurrence form, covering premises operations, fire damage, independent vendors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations aggregate; and $50,000 any one fire, and (c) Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. If Grantee will or may have access to any protected information, then Grantee shall also obtain and maintain insurance covering loss and disclosure of protected information and claims based on alleged violations of privacy right through improper use and disclosure of protected information with limits of $1,000,000 each occurrence and $1,000,000 general aggregate at all times during the term of the Small Dollar Grant Award. Additional insurance may be required as provided elsewhere in this Agreement or any attachment or exhibit to this Agreement. All insurance policies required by this Agreement shall be issued by insurance companies with an AM Best rating of A-VI or better. If Grantee is a public agency within the meaning of the Colorado Governmental Immunity Act, then this section shall not apply and Grantee shall instead comply with the Colorado Governmental Immunity Act. The State shall be named as additional insured on all commercial general liability policies required of Vendor. All insurance policies secured or maintained by Vendor in relation to this Purchase Order shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against Vendor or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. 26. Termination Prior to Grantee Acceptance. If Grantee has not begun performance under this Agreement, the State may cancel this Agreement by providing written notice to the Grantee. 27. Termination for Cause. If Grantee refuses or fails to timely and properly perform any of its obligations under this Agreement with such diligence as will ensure its completion within the time specified in this Agreement, the State may notify Grantee in writing of non-performance and, if not corrected by Grantee within the time specified ini the notice, terminate Grantee's right to proceed with the Agreement or such part thereof as to which there has been delay or a failure. Grantee shall continue performance of this Agreement to the extent not terminated. Grantee shall be liable for excess costs incurred by the State in procuring similar Work and the State may withhold such amounts, as the State deems necessary. If after rejection, revocation, or other termination of Grantee's right to proceed under the Colorado Uniform Commercial Code (CUCC) or this clause, the State determines for any reason that Grantee was not in default or the delay was excusable, the rights and obligations of the State and Grantee shall be the same as if the notice oft termination had been issued pursuant to termination under 528. 28. Termination in Public Interest. The State is entering into this Agreement for the purpose of carrying out the public interest of the State, as determined byi its Governor, General Assembly, Courts, or Federal Awarding Agency. If this Agreement ceases to further the public interest of the State as determined by its Governor, General Assembly, Courts, or Federal Awarding Agency, the State, in its sole discretion, may terminate this Agreement in whole ori in part and such termination shall not be deemed to be a breach of the State's obligations hereunder. This section shall Page 3 of 7 Effective Date: 12/26/2023 STATE CONTROLLER POLICY not apply to a termination for cause, which shall be governed by $27. A determination that this Small Dollar Grant Award should be terminated in the public interest shall not be equivalent to a State right to terminate for convenience. The State shall give written notice of termination to Grantee specifying the part of the Agreement terminated and when termination becomes effective. Upon receipt ofr notice ofi termination, Grantee shallnot incur further obligations except as necessary' to mitigate costs of performance. The State shall pay the. Agreement price or rate for Work performed and accepted by State prior to the effective date of the notice of termination. The State's termination liability under this section shall note exceed the total Agreement price. 29. Termination for Funds Availability. The State is prohibited by law from making commitments beyond the term of the current State Fiscal Year. Payment to Grantee beyond the current State Fiscal Year is contingent on the appropriation and continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special Provisions). If federal funds ort funds from any other non-State funds constitute all or some of the Grant Funds, the State's obligation to pay Grantee shall be contingent upon such non-State funding continuing to be made available for payment. Payments to be made pursuant to this Agreement shall be made only from Grant Funds, and the State's liability for such payments shall be limited to the amount remaining of such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in whole ori in part, without incurring further liability. The State shall, however, remain obligated to pay for Work performed and accepted prior to the effective date of notice of termination, and this termination shall otherwise be treated as if this Agreement were terminated in the public interest as described in $28. 30. Grantee's Termination Under Federal Requirements. If the Grant Funds include any federal funds, then Grantee may request termination of this Grant by sending notice to the State, or to the Federal Awarding Agency with a copy to the State, which includes the reasons for the termination. and the effective date of the termination. If this Grant is terminated in this manner, then Grantee shall return any advanced payments made for Work that will not be performed prior to the effective date of the termination. 31. Governmental Immunity. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, CRS $24-10-101, et seq., the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, CRS $524-30-1501, et seq. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any oft the immunities, rights, benefits, protections, or other provisions, contained in these statutes. 32. Grant Recipient. Grantee shall perform its duties hereunder as a grant recipient and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents ore employees. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. 33. Compliance with Law. Grantee shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. 34. Choice of Law, Jurisdiction and Venue. [Not Applicable to Inter-governmental agreements) Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. Any provision incorporated herein by reference which purports to negate this or any other provision in this Agreement in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision or for any other reason shall not invalidate the remainder of this Agreement, to the extent capable of execution. Grantee shall exhaust administrative remedies in CRS $24-109-106, prior to commencing any judicial action against the State regardless ofwhether the Colorado Procurement Code applies to this Agreement. 35. Prohibited Terms. Nothing ini this Agreement shall be construed as a waiver of any provision of CRS $24-106-109. Anyt term included in this Agreement that requires the State to indemnify or hold Grantee harmless; requires the State to agree to binding arbitration; limits Grantee's liability for damages resulting from death, bodily injury, or damage to tangible property; ort that conflicts with that statute in any way shall be void abi initio. Page 4 of 7 Effective Date: 12/26/2023 STATE CONTROLLER POLICY ADDENDUM 1: Additional Terms & Conditions for Information Technology IF ANY PART OF THE SUBJECT MATTER OF THIS AGREEMENT IS INFORMATION TECHNOLOGY, AS DEFINED IN CRS S 24-37.5-102 (2), THE FOLLOWING PROVISIONS ALSO APPLY TO THIS AGREEMENT. A. Definitions. The following terms shall be construed and interpreted as follows: (a) "CJ!" means criminal justice information collected by criminal justice agencies needed for the performance of their authorized functions, including, without limitation, all information defined as criminal justice information by the U.S. Department of. Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy, as amended, and all Criminal Justice Reçords as defined under CRS $24-72-302; (b) "Incident" means any accidental or deliberate event that results in or constitutes an imminent threat oft the unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or information resources of the State, pursuant to CRS 5524-37.5-401 et seq.; (c). "PC!" means payment card information including any data related to credit card holders' names, credit card numbers, or the other credit card information as may be protected by state or federal law; (d) "PH!" means any protected health information, including, without limitation any information whether oral or recorded in any form or medium that relates to the past, present or future physical or mental condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to ani individual; and that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual including, without limitation, any information defined as Individually Identifiable Health Information by the federal Health Insurance Portability and Accountability Act; (e) "PII" means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual's identity, such as name, social security number, date and place of birth, mother's maiden name, or biometric records, including, without limitation, all information defined as personally identifiable information in CRS $24-72-501. "PII" shall also mean "personal identifying information" as set forth at $24-74-102, et. seq., C.R.S. : (f) "State Confidential Information" means any and all State Records not subject to disclosure under the Colorado Open Records Act and includes, without limitation, PII, PHI, PCI, Tax Information, CJI, and State personnel records not subject to disclosure under the Colorado Open Records Act, (g) "State Fiscal Rules" means those fiscal rules promulgated by the Colorado State Controller pursuant to CRS 524-30-202/13)(a); (h) "State Fiscal Year" means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year; () "State Records" means any and all State data, information, and records, regardless of physical form; () "Tax Information" means federal and State of Colorado tax information including, without limitation, federal and State tax returns, return information, and such other tax-related information as may be protected by federal and State law and regulation, including, without limitation all information defined as federal tax information in Internal Revenue Service Publication 1075; and (k) "Work Product" means the tangible and intangible results of the delivery of goods and performance of services, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information, and any other results of the Work, but does not include any material that was developed prior to the Effective Date that is used, without modification, in the performance of the Work. B. Intellectual Property. Except to the extent specifically provided elsewhere in this Agreement, any State information, including without limitation pre-existing State software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials; or Work Product prepared by Grantee in the performance of its obligations under this Agreement shall be the exclusive property of the State (collectively, "State Materials"). All State Materials shall be delivered to the State by Grantee upon completion or termination of this Agreement. The State's exclusive rights in any Work Product prepared by Grantee shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. Grantee shall not use, willingly allow, cause or permit any State Materials to be used for any purpose other than the performance of Grantee's obligations hereunder without the prior written consent of the State. The State shall maintain complete and accurate records relating to (a) its use ofall Grantee and third party software licenses and rights to use any Grantee or third party software granted under this Agreement and its attachments to which the State is a party and (b) all amounts payable to Grantee pursuant to this Agreement and its attachments and the State's obligations under this Agreement or any amounts payable to Grantee in relation to this Agreement, which records shall contain sufficient information to permit Grantee to confirm the State's compliance with the use restrictions and payment obligations under this Agreement or to any third party use restrictions to which the State is a party. Grantee retains the exclusive rights, title and ownership to any and all pre-existing materials owned or licensed to Grantee including, but not limited to all pre-existing software, licensed products, associated source code, machine code, text images, audio, video, and third party materials, delivered by Grantee under the Agreement, whether incorporated in a deliverable or necessary to use a deliverable (collectively, "Grantee Property"). Grantee Property shall be licensed to the State as set forth in a State-approved license agreement (a) entered into as exhibits or attachments to this Agreement, (b) obtained by the State from the applicable third party Grantee, or (c) in the case of open source software, the license terms set forth in the applicable open source license agreement. Notwithstanding anything to the contrary herein, the State shall not be subject to any provision incorporated in any exhibit or attachment attached hereto, any provision incorporated in any terms and conditions appearing on any website, any provision incorporated into any click through or online agreements, or any provision incorporated into any other document or agreement between the parties that (a) requires the State or the State to indemnify Grantee or any other party, (b) is in violation of State laws, regulations, rules, State Fiscal Rules, policies, or other State requirements as deemed solely by the State, or (c) is contrary to this Agreement. C. Information Confidentiality. Grantee shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless those State Records are publicly available. Grantee shall not, without prior written approval of the State, use, publish, copy, disclose to any third party, or permit the use by any third party of any State Records, except as otherwise stated in this Agreement, permitted by law, or approved in writing by the State. If Grantee will or may have access to any State Confidential Information or any other protected information, Grantee shall provide for the security of all State Confidential Information in accordance with all applicable laws, rules, policies, publications, and guidelines. Grantee shall comply with all Colorado Office of Information Security ("OIS") policies and procedures which OIS has issued pursuant to CRS $524-37.5-401 through 406 and 8 CCR $1501-5 and posted at wmsipisasnsaaaiumaitali all information security and privacy obligations imposed by any federal, state, or local statute or regulation, or by any industry standards or guidelines, as appliçable based on the classification of the data relevant to Grantee's performance under this Agreement. Such obligations may arise from: Health Information Portability and Accountability Act (HIPAA); IRS Publication 1075; Payment Card Industry Data Security Standard (PCI-DSS); FBI Criminal Justice Information Service Security Addendum; Centers for Medicare & Medicaid Services (CMS) Minimum Acceptable Risk Standards for Exchanges; and Electronic Information Exchange Security Requirements and Procedures for State and Local Agencies Exchanging Electronic Information with The Social Security Administration. Grantee shall immediately forward any request or demand for State Records to the State's prinépalrepresentative. Page 5 of7 Effective Date: 12/26/2023 STATE CONTROLLER POLICY D. Other Entity Access and Nondisclosure Agreements. Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the work, but shall restrict access to State Confidential Information to those agents, employees, assigns, and Subcontractors who require access to perform their obligations under this Agreement. Grantee shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing nondisclosure provisions at least as protective as those in this Agreement, and that the nondisciosure provisions are in force at all times the agent, employee, assign, or Subcontractors has access to any State Confidential Information. Grantee shall provide copies of those signed nondisclosure provisions to the State upon execution of the nondisclosure provisions if requested by the State. E. Use, Security, and Retention. Grantee shall use, hold, and maintain State Confidential Information in compliance with any and all applicable laws and regulations only in facilities loçated within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information. Grantee shall provide the State with access, subject to Grantee's reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Agreement, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. F. Incident Notice and Remediation. If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Grantee can establish none of Grantee or any of its agents, employees, assigns or Subcontractors are the cause or source of the Incident, Grantee shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State,which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. The State may adjust or direct modifications to this plan, in its sole discretion and Grantee shall make all modifications as directed by the State. If Grantee cannot produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Grantee shall reimburse the State for the reasonable actual costs thereof. G. Data Protection and Handling. Grantee shall ensure that all State Records and Work Product in the possession of Grantee or any Subcontractors are protected and handled in accordance with the requirements of this Agreement at all times. Upon request by the State made any time prior to 60 days following the termination of this Agreement for any reason, whether or not this Agreement is expiring or terminating, Grantee shall make available to the State a complete and secure download file of all data that is encrypted and appropriately authenticated. This download file shall be made available to the State within 10 Business Days following the State's request, and shall contain, without limitation, all State Records, Work Product, and any other information belonging to the State. Upon the termination of Grantee's services under this Agreement, Grantee shall, as directed by the State, return all State Records provided by the State to Grantee, and the copies thereof, to the State or destroy all such State Records and certify to the State that it has done so. If legal obligations imposed upon Grantee prevent Grantee from returning or destroying all or part of the State Records provided by the State, Grantee shall guarantee the confidentiality of all State Records in Grantee's possession and will not actively process such data. The State retains the right to use the established operational services to access and retrieve State Records stored on Grantee's infrastructure at its sole discretion and at any time. H. Compliance. If applicable, Grantee shall review, on a semi-annual basis, all OIS policies and procedures which OIS has promulgated pursuant to CRS S5 24-37.5-401 through 406 and 8 CCR S 1501-5 and posted at mmmassmApasaNsaianst standards-policies. to ensure compliance with the standards and guidelines published therein. Grantee shall cooperate, and shall cause its Subcontractors to cooperate, with the performance of security audit and penetration tests by OIS ori its designee. I. Safeguarding PII. If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee shall provide for the security of such PII, in a manner and form acceptable to the State, including, without limitation, all State requirements relating to non-disclosure, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Grantee shall take full responsibility for the security of all PII in its possession or in the possession ofit its Subcontractors, and shall hold the State harmless for any damages or liabilities resulting from the unauthorized disclosure or loss thereof. Grantee shall be a "Third-Party Service Provider" as defined in CRS $24-73-103(1)0) and shall maintain security procedures and practices consistent with CRS 5524-73-101 et seq. In addition, as set forth in S 24-74-102, et. seq., C.R.S., Vendor, including, but not limited to, Vendor's employees, agents and Subcontractors, agrees not to share any PII with any third parties for the purpose of investigating for, participating in, cooperating with, or assisting with Federal immigration enforcement. If Vendor is given direct access to any State databases containing PII, Vendor shall execute, on behalf of itself and its employees, the certification PII Individual Certification Form or PII Entity Certification Form [Download form from Hyperlink] on an annual basis and Vendor's duty shall continue as long as Vendor has direct access to any State databases containing PII. If Vendor uses any Subcontractors to perform services requiring direct access to State databases containing PII, the Vendor shall require such Subcontractors to execute and deliver the certification to the State on an annual basis, sO long as the Subcontractor has access to State databases containing PII. J. Software Piracy Prohibition. The State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Agreement and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of publici funds. Ift the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law ori in equity or under this Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. K. Information Technology. To the extent that Grantee provides physical or logical storage of State Records; Grantee creates, uses, processes, discloses, transmits, or disposes of State Records; or Grantee is otherwise given physical or logical access to State Records in order to perform Grantee's obligations under this Agreement, the following terms shall apply. Grantee shall, and shall cause its Subcontractors, to: Provide physical and logical protection for all hardware, software, applications, and data that meets or exceeds industry standards and the requirements of this Agreement; Maintain network, system, and application security, which includes, but is not limited to, network firewalls, intrusion detection (host and network), annual security testing, and improvements or enhancements consistent with evolving industry standards; Comply with State and federal rules and regulations related to overall security, privacy, confidentiality, integrity, availability, and auditing; Provide that security is not compromised by unauthorized access to workspaces, computers, networks, software, databases, or other physical or electronic environments; Promptly report all Incidents, including Incidents that do not result in unauthorized disclosure or loss of data integrity, to a designated representative oft the Ois; Comply with all rules, policies, procedures, and standards issued by the Governor's Office Page 6 of7 Effective Date: 12/26/2023 STATE CONTROLLER POLICY ofl Information Technology (OIT), including project lifecycle methodology and governance, technical standards, documentation, and other requirements posted at https:!loit.c colorado.g assisaaNetusiksisas Grantee shall not allow remote access to State Records from outside the United States, including access by Grantee's employees or agents, without the prior express written consent of OIS. Grantee shall communicate any request regarding non-U.S. access to State Records to the State. The State, acting by and through OIS, shall have sole discretion to grant or deny any such request. L. Accessibility. Grantee shall comply with and the Work Product provided under this PO shall be in compliance with all applicable provisions of $$24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by OIT pursuant to Section $24-85-103 (2.5), C.R.S. Grantee shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. Grantee shall indemnify, save, and hold harmless the Indemnified Parties against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys' fees and related costs) incurred by any of the Indemnified Parties in relation to Grantee's failure to comply with $524-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to Section $24-85-103 (2.5), C.R.S. The State may require Grantee's compliance to the State's Accessibility Standards to be determined by a third party selected by the State to attest to Grantee's Work Product and software is in compliance with $$24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to Section $24-85-103 (2.5), C.R.S. Print Executive's Name: Executive Signature: Signature Date: Please have the organizational executive or financial representative print their name, sign and date this Model Small Dollar Grant Award Terms and Conditions indicating understanding and agreement with the grant process, acceptance and agreement of these terms as outlined herein. Please make a copy oft this signed award letter for your records. Page 7 of7 Effective Date: 12/26/2023 COLORADO Division ofFire Prevention 8 Control Depaiment ofPubbcs Salety March 24, 2025 Prowers County Rural Fire Department 301 South Main Street, Suite 215 Lamar, CO, 81052 FDID# 09940 RE: 2024-25 CO Firefighter Safety and Disease Prevention (FFSDP) Grant Dear Chief Warn, Congratulations, DFPC awards your agency the 2024-25 Firefighter Safety and Disease Prevention Grant. Please promptly notify DFPC of your agency's decision to accept or reject this award on page 2 of this grant agreement. The agency's executive must complete, sign and date the award. Submit this completed agreement with your award decision to the DFPC grants email by April 28, 2025. Your department is eligible for reimbursement of purchased approved items listed below, up to the awarded: priority item, quantity and amount. The grant award amount approved by the Director is $ 20,000.00. DFPC requires purchasing approved items upon acceptance of this award but no later than April 28, 2025. Your agency is eligible for reimbursement of the following FFSDP Grant equipment and/or training: Grant Approved Priority Items for Purchase Priority Item Name & Description Quantity Unit Cost Extended ACTUALS Required Price (DFPC Staff) G7C ER 4 Gas Meter 2 $5,159.00 $10,318,00 $ 0.00 G7 Dock, Additional Support Equipment for the G7C 4 Gas Meter n/a $6,398.00 $6,398.00 $0 0.00 $0 0.00 0 $ $ $0.00 0 $ $ D $ $ $0.00 GRANT TOTAL $16,716.00 $0.00 *Totals are subject to change as Grants are limited to $20,000 maximum, FFSDP Grant Reimbursements of approved purchases is pursuant to this grant award and must comply with state fiscal and procurement rules. Reimbursements will only be made after the awardee has made payment for goods & services received. Agencies must provide complete reimbursement documentation outlined on page 2 of this agreement no later than October 31, 2025. Incomplete reimbursement requests including non-compliance with outstanding follow-up requests of necessary documentation are ineligible for payment and may not be honored. The Reimbursement Request deadline is mandatory without exception. Grant recipients are required to maintain complete grant related financial records for a period of five (5) years after the date of the grant award letter. The 2024-25 CO Firefighter Safety and Disease Prevention Grant period will close on December 30, 2025. Page 2 To receive grant reimbursement, submit a complete FFSDP Grant Reimbursement Request Packet including documentation outlined below to DFPC at CT.yaehbIleIco.s. Please make a copy of grant receipts for your records. Items purchased and requested for reimbursement must match those outlined in the signed grant award agreement. The DFPC reserves the right to withhold reimbursement for items not originally requested and/or approved. A Completed Firefighter Safety and Disease Prevention Grant Reimbursement Request Packet consists of: An itemized vendor invoice(s) containing the Approved Item(s), unit costs, quantity and total. Proof of payment including, copies of original payment, such as a cleared check or credit card receipt, as well as the corresponding bank and/or credit card statement. All of the following forms must be completed, signed & submitted by your agency to DFPC: 0 A completed and signed W-9; o A completed and signed Reimbursement Request Form, and A copy of the complete award contract dated, with your name printed, and signed indicating your understanding and agreement of the grant process, acceptance of the terms and conditions outlined therein. You are encouraged to make a copy of this contract for your records. Submit a completed Grant Reimbursement Request to or.ynchbileateco.. Purchased items must match the grant award. A complete reimbursement packet is required as outlined above prior to any reimbursement. STATE'S RIGHT TO CANCEL This grant opportunity does not obligate the state to award a contract and the state reserves the right to cancel the solicitation if it is considered to be in its best interest due to lack of funding, early termination, public interests, agency priorities or other considerations. DFPC reserves the right to withhold reimbursement inconsisten with the original grant application, for items not awarded through grant award letter(s) including, Reconsideration and Equipment Substitution, or any purchase made that violates state fiscal rules and procurement policies will no be honored. Model Small Dollar Grant Award Terms and Conditions apply in addition to Colorado Fiscal Rules including the Procurement Code policies including, but not limited to Conflicts of Interests. Accept Award Reject Award/unable to use grant funds Please have the organizational executive or financial representative print, sign and date this award letter indicating understanding and agreement with the grant process, acceptance and agreement of these terms as outlined herein, Please make a copy of this signed award letter for your records. Print Name Sign Name Date Please submit inquiries, and reimbursement requests with supporting documentation to CsnchPrlesate.ois. Sincerely, N A Lisa Pine, Chief Professional Qualification and Training Section Colorado Division of Fire Prevention & Control 700 Kipling Street, Suite 1000, Lakewood, CO 80215 cdpsweb.state.co.us Jared 5. Polis, Governor I Stan Hilkey, ExecutiveDirector COLORADO - V Division of Fire COPS Prevention & Control Department of Public Safety March 25, 2025 Prowers County Rural Fire Department Dear Fire Chief Warn, Re: 2024-25 Firefighter Safety and Disease Prevention (FFSDP) Grant The Department of Public Safety, Division of Prevention and Control requires signed acknowledgments as part of the FFSDP Grant award $16,716.00. The authority of 24-33.5-1231, C.R.S., funds the Firefighter Safety and Disease Prevention Grant program. Please complete, sign and submit the entire award package to lori.lynch- brill@state.co.us including a signed award agreement letter no later than April 28, 2025. The Award package should contain the following forms: 2024-25 FFSDP Grant Award Agreement Letter - Complete and Sign Model Small Dollar Grant Award Terms and Conditions - Complete and Sign W-9 Form Designated Signature Authority: Please list of two (2) designated organizational agency executives such as the Fire Chief and financial representative authorized to sign grant documents for your organization via email upon receipt and acceptance of this award. Agencies are required to notify DFPC in writing if these points of contacts (POC) change. Designated Signature Authority: Designated Signature Authority: Please visit the Grants web page at https://dfpc. cooswsectio/geants to access grant forms, or you may use the highlighted links above. You may contact me if you have questions regarding the grant award process. Sincerely, Lori Lyuck- Brill Lori Lynch-Brill Regional Training Officer/Grants Email: on.ymcbilesate.cous Enclosed: 2025 FFSDP Grant Award Agreement Letter, Model Small Dollar Grant Terms & Conditions & W-9 700 Kipling Street Suite 1000, Lakewood, CO 80215 cdpsweb.state.co.us Jared $. Polis, Governor I Stan Hilkey, Executive Director PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 4/8/25 Submitter: Don Wilson, County Administrator Submitted to the County Administration Office on: 3/28/25 Return Originals to: Don Wilson & Jana Coen Number of originals to return to Submitter: 1 Contract Due Date: N/A Item Title/Recommended Board Action: Consider approval of a Resolution by the Prowers County Board of County Commissioners in supporting the Lower Arkansas Valley Water Conservancy District and opposing the annexation plans of Colorado Springs. 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 NO. 2025- RESOLUTION OF THE PROWERS COUNTY BOARD OF COUNTY COMMISSIONERS SUPPORTING THE LOWER ARKANSAS VALLEY WATER CONSERVANCY DISTRICT AND OPPOSING THE ANNEXATION PLANS OF COLORADO SPRINGS WHEREAS, the Lower Arkansas Valley Water Conservancy District (Lower Ark District) was established by the voters of Pueblo, Crowley, Otero, Bent, and Prowers Counties in 2002, with the mission of conserving, protecting, and enhancing the water resources ofthe Lower Arkansas Valley, which are vital to agriculture, economic stability, wildlife habitats, and responsible water use; and WHEREAS, Prowers County, located within the boundaries of the Lower Ark District, has a population of over 11,000 residents, encompasses more than 1 million acres of agricultural production, and contributes $310.05 million in agricultural market value, representing nearly 5% ofthe state's total agricultural sales; and WHEREAS, the Lower Ark District has consistently raised concerns regarding the rapid, unplanned growth of Front Range municipalities, particularly in Colorado Springs, which threatens the sustainability of water resources in the Lower Arkansas Valley and jeopardizes the long-term viability oft the agricultural economy, which is the backbone of Prowers County's economy; and WHEREAS, the Colorado Springs Utilities' 2017 Integrated Water Resources Plan predicts that a significant portion ofi its future water needs- -approximately 34,000 acre-feet per year-will be met through agricultural water transfers from the Lower Arkansas Valley, exacerbating existing water scarcity challenges and placing further pressure on local agricultural producers; and WHEREAS, Prowers County, along with the Lower Ark District, is deeply concerned that the transfer of this additional 34,000 acre-feet per year could not only be unfeasible but may also cause irreparable damage to the agricultural and environmental resources that sustain Prowers County and the broader region; and WHEREAS, the City of Colorado Springs has already acquired significant water rights in the Lower Arkansas Valley and continues to pursue the permanent transfer of these rights for urban use, further threatening the viability of water supplies crucial to Prowers County's agricultural community; and WHEREAS, despite a record inventory of over 10,000 undeveloped lots within Colorado Springs' city limits, the city continues to pursue annexations in the Lower Arkansas Valley, raising serious concerns about the necessity and sustainability of such expansions, particularly in light oft the available water resources to support this growth; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Prowers County Board of County Commissioners unequivocally stands in support of the Lower Arkansas Valley Water Conservancy District, Otero County, and other regional stakeholders in opposing any new annexations or expansions by the City of Colorado Springs that would exacerbate the current water supply deficit and place additional strain on the already limited water resources ofthe Lower Arkansas Valley, which is vital to Prowers County's agricultural base. 2. The Prowers County Board of County Commissioners strongly urges the City of Colorado Springs to recognize the long-term consequences ofits water demands, and their potential to undermine the agricultural, economic, environmental, and cultural heritage of the Lower Arkansas Valley. The City is further encouraged to consider more sustainable alternatives to manage its growth within its existing boundaries, thereby reducing the impact on regional water resources. 3. The Prowers County Board ofCounty Commissioners calls upon neighboring counties, municipalities, and all relevant stakeholders to collaborate in advocating for responsible water management policies that prioritize the protection of the Lower Arkansas Valley's agricultural foundation, water resources, and long-term economic sustainability, ensuring a stable and thriving environment for current and future generations. INTRODUCED, READ AND ADOPTED this 8th day of April, 2025. RON COOK Chair ATTEST: JANA COEN, County Clerk ROGER STAGNER Commissioner TY HARMON Commissioner CC: Colorado Springs Mayor Colorado Springs Utilities Lower Arkansas Valley Water Conservancy District PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 4-8-2025 Submitter: Paula Gonzales, Finance Director Submitted to the County Administration Office on: Email Poll 3-31-25 Return Originals to: Administration & Jana Coen Number of originals to return to Submitter: 1 Contract Due Date: Item ntle/Recommended Board Action: Consider ratifying 4-1-2025 email poll approval for payment of bills presented for County General A/P in the amount of $108,253.42, with a certification date of April 1, 2025, and authorizing the use of the Commissioner's signature stamps. Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: $ Other: $ PROWERS COUNTY APPROVE TO PAY APPROVE PAYMENTS AS HEREIN SET FORTH. CHECK NUMBERS AS LISTED BELOW ARE ALL INCLUSIVE, ARE SET OPPOSITE THEIR NAMES, AND TOTALING THE SUM OF: $108,253.42 DRAWN ON COUNTY GENERAL FUNDS. DATED AS OF: April 1, 2025 # A/P PAYROLL FRINGES $ COUNTY GENERAL FUND $ 85,916.28 $ ARPA FUND $ $ FSA. ACCOUNT $ $ BOOKING FEES ACCOUNT $ $ PUBLIC HEALTH AGENCY $ 3,671.21 $ ROAD & BRIDGE FUND $ 15,813.50 $ SALES & USE TAX FUND $ $ CONSERVATION TRUST FUND $ $ CAPITAL FUND $ $ OTHER AGENCIES FUND $ $ LODGING TAX FUND $ $ CRMC FUND $ 1,350.62 $ OPC FUND $ 1,50181 Totals $ 108,252.42 $ DATE: April 1, 2025 223 IBOCC CHAIRMAN DATE: April 1, 2025 B COMMISSIONER DATE: April 1, 2025 pp - DATE: April 1, 2025 A 7 CLERK TO THE BOARD Total Paid Approve To Pay $ 108,253.42 AP + Fringes a 108,253.42 Total Pd Certification - Payroll $ 108,253.42 Total Payroll + Fringes $ STATE OF COLORADO) Ending Check No. 74858 SS: Beginning Check No. 74810 COUNTY OF PROWERS) 1 Total Number of Checks: 49 bolou Camploule Prowers County Treasurer's Office PROWERS COUNTY TREASURER CERTIFICATION COUNTY GENERAL FUND-01 0010 April1,2 2025 74810-74858 $ 85,916.28 Payroll s Total Fringes_ $ Totals 85,916.28 ARPA . 0018 Totals ROAD & BRIDGE FUND -02 0020 $ 15,813.50 Payroll! $ Fringes $ - Totalls 15,813.50 FSA (Cafeteria) 552 0552 $ 2024 $ Totals Sheriff's Booking Fees 0675 9 2024 $ Payrols Total $ SALES & USE TAXI FUND 03 0900 $ 2024 d$ Total_s CONSERVATION TRUST FUND 06 0130 $ 2024 $ Totals CAPITAL FUND-07 0100 $ 2024 $ Totals OTHER AGENCIES FUND-08 $ 2024 > Totalls LODGING TAX - 09 0014 2024 $ Payrol $ Total Fringes $ Totalls PUBLIC HEALTHA AGENCY 11 0676 $ 3,671.21 Payroll $ Total Fringes $ Total_s 3,671.21 CRMC 0016 $ 1,350,62 Payroll $ Total Fringess Total $ 1,350.62 OPC 0017 $ 1,501.81 Payrol $ Total Fringes $ Totals 1,501.81 Paula Gonzales Finance Ciroctor GRANDTOTALS 108,253.42 AS Check Register Prowers County, CO Packet: APPKT00032 - 101.04.2025 By Check Number CORAIO Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: General Fund Op-General Fund Operating Account ABBA ABBA Eye Care 04/01/2025 Regular 0.00 910.50 74810 AMAZON Amazon Capital Services 04/01/2025 Regular 0.00 316,21 74811 ARKVALL Arkansas Valley Accumed 04/01/2025 Regular 0.00 1,449.26 74812 ATM1 Atmos Energy 04/01/2025 Regular 0.00 1,688.38 74813 ACS2 AUTO-CHLOR: SYSTEMS Golden Ligh 04/01/2025 Regular 0.00 296.69 74814 BCS1 Baca County Sheriff's Office 04/01/2025 Regular 0,00 2,405.32 74815 BCS2 Bent County Sheriff's Office 04/01/2025 Regular 0.00 3,796.99 74816 BBC1 Bob Barker Company, Inc 04/01/2025 Regular 0.00 123.86 74817 Canon1 Canon Financial Services 04/01/2025 Regular 0.00 769.26 74818 CDPHE RF CDPHE Vitals 04/01/2025 Regular 0.00 488.00 74819 CINTASCORP CINTAS CORPORATIONI NO. 2 04/01/2025 Regular 0.00 1,353.18 74820 LAM1 City of Lamar 04/01/2025 Regular 0.00 1,000.00 74821 CCNCINC CONSOLIDATED COMMUNICATIONS 04/01/2025 Regular 0.00 200.00 74822 CS01 Crowley County Sheriff's Office 04/01/2025 Regular 0.00 5,884.29 74823 CURE CureMD.com 04/01/2025 Regular 0.00 656.00 74824 VEN00966 DON WILSON 04/01/2025 Regular 0.00 315.62 74825 GLS1 GALLS 04/01/2025 Regular 0.00 297.79 74826 GOB1 Gobin's 04/01/2025 Regular 0.00 132.24 74827 HOSTMY Host My SIP 04/01/2025 Regular 0,00 131.51 74828 FPL6 John Deere Financial 04/01/2025 Regular 0.00 4.99 74829 KEATC Knudsen Engineering 04/01/2025 Regular 0.00 2,465.38 74830 KUBL KUBL Group 04/01/2025 Regular 0.00 27,660.00 74831 LAP1 Lamar Auto Parts 04/01/2025 Regular 0.00 917.41 74832 LBM1 Lamar BMS 04/01/2025 Regular 0.00 40.64 74833 LCH1 Lamar Family Chiropractic 04/01/2025 Regular 0.00 110.00 74834 MHC1 MHC Kenworth 04/01/2025 Regular 0.00 959.03 74835 Mirage Mirage Technologies 04/01/2025 Regular 0.00 4,345.00 74836 PGC2 MOSSE ENTERPRISES, INC 04/01/2025 Regular 0.00 611.52 74837 MWP1 My' Wholesale Products 04/01/2025 Regular 0.00 18.00 74838 OAP1 O'Reilly Automotivel Parts 04/01/2025 Regular 0.00 264.13 74839 OCS1 Otero County Sheriff 04/01/2025 Regular 0.00 30,687.23 74840 PSE1 P.M. & Sons Enterprises, LLC 04/01/2025 Regular 0.00 334.67 74841 VENO0967 POWER SCREENING LLC 04/01/2025 Regular 0.00 658.45 74842 DSS1 Prowers County DHS 04/01/2025 Regular 0.00 359.75 74843 SEO1 SECOM 04/01/2025 Regular 0.00 4,193.43 74844 SHC1 Share Corporation 04/01/2025 Regular 0.00 604.80 74845 SPU1 Specimens Unlimited 04/01/2025 Regular 0.00 30.00 74846 Symb1 SymbolArts, LLC 04/01/2025 Regular 0,00 360.00 74847 TCA2 TC Auto Transmissions 04/01/2025 Regular 0.00 1,844.95 74848 TIN1 Terminix Processing Center 04/01/2025 Regular 0.00 81.32 74849 THESIGN The Sign Shop 04/01/2025 Regular 0.00 2,008.00 74850 TRANS1 Transwest Truck Trailer RV 04/01/2025 Regular 0.00 240.72 74851 TTI1 Tyler Technologies Inc 04/01/2025 Regular 0.00 75.00 74852 VIA1 Viaero Wireless 04/01/2025 Regular 0.00 446,37 74853 WAG1 Wagner Equipment Co 04/01/2025 Regular 0.00 612.50 74854 WAX1 Waxie Sanitary Supply 04/01/2025 Regular 0.00 488.95 74855 WRE1 WEX BANK 04/01/2025 Regular 0.00 500.00 74856 WRE1 WEX BANK 04/01/2025 Regular 0.00 583.96 74857 3/27/2025 8:52;38 AM Page 1 of 3 Check Register Packet: APXT0032.401042025 Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number VEN00968 WILD WILLIE'S TRUCK CENTER LLC 04/01/2025 Regular 0.00 4,532,12 74858 Bank Code General Fund Op Summary Payable Payment Payment Type Count Count Discount Payment Regular Checks 78 49 0.00 108,253.42 Manual Checks 0 0 0.00 0.00 Voided Checks 0 0 0.00 0.00 Bank Drafts 0 0 0.00 0.00 EFT's 0 0 0.00 0.00 78 49 0.00 108,253.42 3/27/2025 8:52:38 AM Page 2 of 3 Check Register Packet: APPAT0032-101042025 Fund Summary Fund Name Period Amount 999 Pooled Cash 4/2025 108,253.42 108,253.42 3/27/2025 8:52:38 AM Page 3 of 3 PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 4/8/25 Submitter: Don Wilson, Administrator Submitted to the County Administration Office on: 3/31/25 Return Originals to: Don Wilson & Jana Coen Number of originals to return to Submitter: 1 Contract Due Date: N/A Item Title/Recommended Board Action: Consider approval of Proposal / Contract between Prowers County and D.V. Douglas Roofing, Inc in the amount of $52,500.00 for a roofing project at the Prowers County Big Timbers Museum. Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: $_52,500.00 Federal: $ State: $ Other: $ Approved by the County Attorney on: Additional Approvals (if required): Midwest 646 Roofing BrPrapasal Contractors Association D.V. Douglass Roofing, Inc Proposal Date 3-18-2025 1215 W. Mary St. PO Box 506 620-276-7474 Garden City, KS 67846 Proposal Phone PROWERS COUNTY BIG TIMBERS MUSEUM Street Job'Name 301 SOUTH MAIN STREET 7515 US-50 SCENIC City, State, andz Zip'Code Job Location LAMER, COLORADO 81052 LAMAR, COLORADO We hereby submit specifications and estimates to: PLEASE SIGN AND RETURN FURNISH ALL EQUIPMENT, LABOR, AND MATERIAL TO: ONE COPY OR FAX 620-276-8065 RE: FLAT ROOF AREA: 1) REMOVE ALL EXISTING ROOF DOWN TO CON CONCRETE DECK AND HAUL AWAY. 2) INSTALL ASPHALT PRIMER TO THE ENTIRE ROOF AREA. 3) INSTALL 1-LAYE OF 3" POLYISO INSULATION WITH HOT ASPHALT. 4) INSTALL 1-LAYER OF 1/2" FESCO COVER BOARD INSULATION WITH HOT ASPHALT. 5) INSTALL 1-PLY OF MODIFIED BASE SHEET WITH HOT ASPHALT. 6) INSTALL 3-PLYS OF IV FIBERGLASS FELT WITH HOT ASPHALT. 7) INSTALL MODIFIED FLASHING TO ALL WALL DETAILS WITH HOT ASPHALT. 8) INSTALL A FLOOD COAT OF HOT ASPHALT & ROOFING GRAVEL, 9) INSTALL NEW COUNTER FLASHING & VENT FLASHINGS. 10) CLEAN EXISTING CAPSTONE JOINTS & RESEAL WITH MASTER SEAL CAULKING NP-1 $52,500.00 sales tax exempt 1) 5-yr warranty of all material & labor. 2) disconnecting of any electrical, plumbing, gas lines are not included. 3). if damaged wood blocking or masonry is found additional charge will be made, We Propose hereby to furish material and labor complete in accordance with above specifications, for the sum of: AS SHOWN ABOVE Dollars ($ payment made as follows: UPON COMPLETION, Authorized Signature TIM DOUGLASS Alln material Is guarunteed lol be ass specifled. Ally work tol be completedi in workmanlike manner be accordingt to standerd practices. Any allerallons ore deviation from above specifications! Involvinge extra Note: This proposal may costs willl be executed only upon written orders, and willl become ene exira charge over and above the withdrawn by us if not accepted within 30 Days estimate. Alla agreements contingent upons strikes, accidents or delays! beyond oure control. Owner toc carry fire, tornedo and other necessary insurance. Our workers are fully covered by Workmen's 's Compensation Insurance., Date of Acceptance. Acceptance of Proposal The above prices, specifications and conditions are satisfactory and are hereby Signature, accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 4-8-2025 Submitter: Paula Gonzales, Finance Director Submitted to the County Administration Office on: Email Poll 4-1-25 Return Originals to: Administration & Jana Coen Number of originals to return to Submitter: 1 Contract Due Date: Item Tile/Recommended Board Action: Consider ratifying 4-1-2025 email poll approval for payment of bills presented for County General Fund in the amount of $3,545.00, with a certification date of April 1, 2025, and authorizing the use of the Commissioner's signature stamps. Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: $ Other: $ PROWERS COUNTY APPROVE TO PAY APPROVE PAYMENTS AS HEREIN SET FORTH. CHECK NUMBERS AS LISTED BELOW ARE ALL INCLUSIVE. ARE SET OPPOSITE THEIR NAMES, AND TOTALING THE SUM OF: $3,545.00 DRAWN ON COUNTY GENERAL FUNDS. DATED AS OF: April 1, 2025 # A/P PAYROLL FRINGES $ COUNTY GENERAL FUND $ 3,545.00 $ ARPA FUND $ $ FSA ACCOUNT $ $ BOOKING FEES ACCOUNT $ $ PUBLIC HEALTH AGENCY $ $ ROAD & BRIDGE FUND $ $ SALES & USE TAX FUND $ $ CONSERVATION TRUST FUND $ $ CAPITAL FUND $ $ OTHER AGENCIES FUND $ $ LODGING TAX FUND $ $ CRMC FUND $ $ OPC FUND $ Totals $ 9,545.00 $ DATE: 8a April 1, 2025 1 BOCC-SHAIRMAN DATE: April 1, 2025 DATE: ÇPMMISIONER April 1, 2025 PMMISSONER DATE: April 1, 2025 SAHa FRMy CLERK TO THE BOARD Total Paid Approve To Pay $ 3,545.00 AP + Fringes $ 3,545.00 Total Pd Certification Payroll $ 3,545.00 Total Payroll + Fringes $ STATE OF COLORADO) Ending Check No. 74859 ss: Beginning Check No. 74859 COUNTY OF PROWERS) 1 Total Number of Checks: 1 blg Comploul Prowers County Treasurer's Office PROWERS COUNTY TREASURER CERTIFICATION COUMYCENERALTUNDACT 0010 April1,2 2025 74859 $ 3,545.00 Payrol $ Total Fringes_s Totals 3,545.00 ARPA 0018 Totals ROAD & BRIDGE FUND 02 0020 $ Payroll $ Fringes $ Total_s FSA (Cafeteria) 552 0552 $ 2024 $ Totals Sheriffs Booking Fees 0675 $ 2024 $ Payrol $ Totalls SALES & USE TAX FUND: -03 0900 $ 2024 $ Totalls CONSERVATION TRUST FUND 06 0130 $ 2024 $ Totals CAPITAL FUND-07 0100 2024 $ Totalls OTHER AGENCIES FUND-08 $ 2024 $ Total_s LODGING TAX- -09 0014 e 2024 $ Payrol $ Total Fringes_s Totalls PUBLIC HEALTH/ AGENCY- 11 0676 $ Payroll $ Total Fringes $ Totalls CRMC 0016 $ Payroll $ Total Fringes $ Totals OPC 0017 Payrolls Total Fringes $ Totals Paua Gonzles, Finange Dinctor GRANDTOTALS 3,545.00 Check Register Prowers County, CO Packet: APPKT00034 - 102.04.2025 I By Check Number CCORATO Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: General Fund Op-General Fund Operating Account VEN00969 JAMS 04/01/2025 Regular 0.00 3,545.00 74859 Bank Code General Fund Op Summary Payable Payment Payment Type Count Count Discount Payment Regular Checks 1 1 0.00 3,545.00 Manual Checks 0 0 0.00 0.00 Voided Checks 0 0 0.00 0.00 Bank Drafts U 0 0.00 0.00 EFT's 0 0 0.00 0.00 1 1 0.00 3,545.00 4/1/2025 9:40:35 AM Page 1 of 2 Check Register Packet: APPAT0054-102042025 Fund Summary Fund Name Period Amount 999 Pooled Cash 4/2025 3,545.00 3,545.00 4/1/2025 9:40:35 AM Page 2 of 2 PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 4-8-2025 Submitter: Gary Harbert, Veterans Officer Submitted to the County Administration Office on: Email Poll 4-1-2025 Return Originals to: 1 Copy BOCC, 1 Copy to Veterans Office Number of originals to return to Submitter: 1 = email Contract Due Date: Item Title/Recommended Board Action: Consider ratifying 4-1-2025 email poll approval of County Veterans Service Officer's Monthly Report and Certification of Pay - March 2025. Justification or Background: Brief overview for the Commissioners) Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: $ Other: $ NOTE: I DO NOT NEED TO BE THER IN PERSON Please email a signed copy to the CVA report to the Veteran Office or call for the report to be picked up. 719-336-2606 Approved by the County Attorney on: Colorado Division of Veterans Affairs County Veterans Service Officer Monthly Report and Pay Request State Fiscal Year 2023-2024 OF ETEN County: PROWERS Month: MARCH In compliance with C.R.S. S 28-5-707 and for the purposes of semiannual payment, we hereby certify that 168 hours have been worked by accredited veterans service officers and assistants in the month stated above. In compliance with C.R.S. S 28-5-804 and for the purpose of providing prompt, efficient, and uniform service to Colorado veterans, we hereby certify the wait time for an appointment with 1 our veterans service office was no more than days in the month stated above. In compliance with C.R.S. S 28-5-804 and for the purpose of providing prompt, efficient, and uniform service to Colorado veterans, we hereby certify the following outputs by our CVSO in the month stated above: Telephone Calls 144 Emails 57 Appointments 50 Outreach Events 0 Total Served 251 Appendix C CVA 26-County Veterans Service Office monthly report and pay request October 2023-supersedes all earlier versions This is verified as a true and accurate record. We acknowledge that the lack of timely submission of this form can result in delayed or missing payments. Bary Han6 / County Veterans Service Officer 4/1/2025 Date B County Commissioner or Desighee 04laln0n5 Date Please return this form no later than the 10th of the following month to: Colorado Division of Veterans Affairs dvanio@amyasttr.co.s Appendix C CVA 26-County Veterans Service Office monthly report and pay request October 2023-supersedes all earlier versions PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 4/8/25 Submitter: Don Wilson, County Administrator Submitted to the County Administration Office on: 4/1/25 Return Originals to: Don Wilson & Jana Coen Number of originals to return to Submitter: 1 Contract Due Date: N/A Item Title/Recommended Board Action: Consider approval of an additional Tyler Technologies module for Grant Management Software in the amount of$1,479.00 for the County Administration Office. Justification or Background: Fiscal Impact: This item is budgeted in the following account code: County: $ 2,741.00 Federal: $ State: $ Other: $ Approved by the County Attorney on: 3-31-2025 Additional Approvals (if required): tyler technologies Sales Quotation For: Quoted BY Ryan Ellertson Prowers County Quote Expiration 8/11/25 301 S Main St Quote Name Prowers County Grants Lamar CO 81052-2866 Management Saas Tyler Annual Software - Saas Description List Price Discount Annual ERPE Pro ERPJ Pro 10Financial Management: Suite Grants Management $1,479 $148 $1 1,331 TOTAL: $1,479 $148 $1,331 Services Description Hours/Units Extended Price ERP Pro 10Financiall Management: Suite Professional Services 8 $1,160 2025-523274.V9X4B2 CONFIDENTIAL Page 1 Services Description Hours/Units ExtendedPrice. Other Services Project Management 1 $250 TOTAL: $1,410 Summary One' Time Fees Recurring Fees Total Saas $1,331 Total Tyler Services $1,410 Summary" Total $1,410 $1,331 2025-523274-V9K4B2 CONFIDENTIAL Page 2 Comments Work will bec delivered remotely unless otherwise noted in this agreement. Expenses associated with onsite services are invoiced asi incurred according to Tyler's standard business travel policy. Saas is considered a term of oney year unless otherwise indicated. Client agrees that tems in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the partles and subject toi its terms. Additlonally, payment for saidi items, as applicable but subject to any listed assumptions herein, shall conform tot thet following terms, subject to payment terms in an agreement, amendment, or similar document in which this sales quotation isi included: License fees for Tyler and third-party software are invoiced upon thee earlier of () delivery of the license key or (i) when' Tyler makes such software available accessible. Fees fork hardware are invoiced upon delivery. Fees for year one of hardware maintenance are invoiced upon delivery of the hardware. Annual Malntenance and Support fees arei first payable when Tyler makes the software accessible to the Client, and Saas fees, Hosting fees, and Subscription fees are first payable on the first day oft the month following thec date this quotation was signed (ori ifl later, the commencement of the agreement's initial term). Any such fees are prorated to align with the applicable term under the agreement, with renewals invoiced annually thereafter in accord with the agreement. Fees for services included in this sales quotation shall bei invoiced as Indicated below. Implementation and other professional: services fees shall bei invoiced as delivered. Client has six months to uset the services, IfClient does not use the: services within six months, Tyler may remove. the unused services or issue a new quote to provide services at then- current rates, Fixed- fee Business Process Consulting services shall bei invoiced 50% upon delivery of the Best Practice Recommendations: byr module, and! 50% upon delivery of custom desktop procedures, by module. Fixed- fee conversions arei invoiced! 50% upon initlal delivery of thec converted data, by conversion option, and! 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where converslons are quoted as estimated, Tyler willi invoice Client the actual services delivered on a time and materials basis. 2025-523274-V9K4B2 CONFIDENTIAL Page 3 Except as otherwise provided, other fixed price services arei invoiced upon complete delivery of the service, Fort the avoidance of doubt, where "Project Planning Services" are provided, payments shall be invoiced upon delivery of the Implementation! Planning document. Dedicated Project Management services, ifa any, will bei invoiced monthly in arrears, beginning on the first day of the month immediately following initiation ofp project planning. IfClienth has purchased any change management: services, those services willl be invoiced in accordancer with the Agreement. Notwithstanding anything to the contrary stated above, thet following payment terms shall applyt to fees specifically for migrations: Tyler will invoice Client 50% of any Migration Services Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon theg go-llve of thea applicable products suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite, Annual Saas Fees will be invoiced upon availability of the hosted environment. Any Saas or hosted solutions added to an agreement containing Client hosted" Tyler solutions are: subject to Tyler's Saas Services terms found here: secNSAEEN services Unless otherwisei indicated ini the contract or amendment thereto, pricing for optional items will be held for six (6) months from the Quote date ort the Effective Date of the Contract, whichever is later. Customer Approval; Date: Print Name: P.O.#: 2025-523274-V9K4B2 CONFIDENTIAL Page 4 PROWERS COUNTY AGENDA ITEM REQUEST FORM Hearing Date Requested: 4/8/25 Submitter: Don Wilson, County Administrator Submitted to the County Administration Office on: 4/2/25 Return Originals to: Don Wilson & Jana Coen Number of originals to return to Submitter: 1 Contract Due Date: N/A Item Tite/Recommended Board Action: Consider approval of a Service Agreement between Digital Insurance LLC (OneDigital) and Prowers County for Employee Handbook update and rewrite. Justification or Background: Fiscal Impact: This item is budgeted in the following account code: SECED County: $ 5,000 Federal: $ State: $ Other: $ Approved by the County Attorney on: Additional Approvals (if required): Human Resources Consulting Service Agreement This Human Resources Consulting Service Agreement (the Agreement"), effective 4/8/2025, is made between Digital Insurance LLC "OneDigital") and Prowers County ("Client") (each a "Party" and, collectively, the "Parties"). i. Nature and Scope of Services. OneDigital will provide Client with specific human resources services limited to those services outlined in the Scope of Services and Fee Schedule of this Agreement. The performance of the Services under this Agreement will begin on or around 4/8/2025. The Parties may mutually revise the Services under this Agreement upon execution of a Statement of Work outlining the Service adjustments. ii. Scope of Services and Fee Schedule a. Scope of Services. Both Parties agree that OneDigital shall perform the services outlined below in exchange for the following compensation: i. Retained HR Consulting Support. Retainers typically include a blend of support in the following areas: Human Resources Infrastructure Federal and Local Compliance Employee Onboarding Benefits and Leave of Absence Administration Employee Relations and Investigations Human Resources Strategy Implementation Talent Acquisition Management and Support Employee Departures Client will be supported by Human Resources Consultants that are selected specifically for expertise and experience that aligns with Client industry, geography, and immediate need. OneDigital will keep the Management Sponsor regularly updated as to progress on objectives and let Management Sponsor know of any obstacles to progress. ii. Customized HR Products. Customized policies and products are tailored to meet the needs of your organization. These include, but are not limited to, the following: HR Assessment Employee Handbook Workplace Violence Protection Plan (CA) ii. Additional HR Consulting Support. Subject Matter Expert (SME) and Strategic HR. Advisory Consulting may be added to retained consulting services and may include, but is not limited to, the following: HR Technology Implementation and Transitions PEO extraction Talent Acquisition / Recruiting Succession Planning Strategic Workforce Planning Board of Directors HR Representation Total Rewards/Compensation Program Team building, Facilitated Executive offsites and other Learning & Development activities C-Level 360 Degree Feedback ONEDIGITAL b. Fee Schedule. i. Retained HR Consulting support is billed in blocks of time per month. These budgeted blocks are best estimates oft time agreed to by the parties and are invoiced a flat fee monthly, in advance of the month in which services are due to be carried out. Unused hours will not rollover from month to month. Hours exceeding the monthly cap retainer will be billed at the hourly rate of $215. Package Retained Hours Monthly Fee Selection Notes (Initial Box with Selected Package) Up to 4 hours per month $780 Retainers run 12 months or Up to 8 hours per month $1,560 longer and may be adjusted +/- with a 30- day notification. Up to 10 hours per month $1,950 Upi to 20 hours per month $3,900 Up to 40 hours per month $7,800 Investigations require a minimum Up to 60 hours per month $11,700 retainer of 8 hours per month. Up to 80 hours per month $15,600 ii. Customized HR Products are invoiced a flat fee in the month in which services are due to begin. (Initial Box with Customized HR Product Selected Package) Fee Employee Handbook (includes 2 states), attendance at 3/28/25 & 4/4/25 X meetings, project kick-off meeting, draft $5,000 and includes two states and recommend verbiage where Federal/CO/local policy conflict, meeting ($250 for each additional state) to review recommendations, finalize handbook based on feedback HR Assessment $5,000 Plan: $550 Forms: $450 Training: $275 Workplace Violence Protection Plan (CA) Full Package: $1,175 iii. Additional HR Consulting Services. Subject Matter Expert (SME) and Strategic HR. Advisory Consulting may be added to retained HR services and is priced independently with project needs based on required expertise, proposed scope of work and deliverables. These services will be charged at an hourly rate and fees will be invoiced monthly for all work performed in the prior month. : Additional Fees. i. Escalation. Monthly retainer fees and project-based hourly rates are increased five percent (5%) on January 1 of each year this Agreement is in effect. Prowers County 12 V01202023 ONEDIGITAL ii. one-half mile of public transportation (public transportation being train, subway, BART), then the cost of daily parking will be added. ii. Required Compensation Disclosure. OneDigital reasonably expects to receive direct and/or indirect compensation for the placement of coverage paid by the carrier/insurer, third- party administrator, vendor, or Client, and other services, as appliçable. OneDigital may earn additional compensation from insurers, third-party administrators, vendors, or other third parties that cannot be calculated or determined at the time of this disclosure or prior to the effective date of this Agreement or renewal thereof. At this time, OneDigital cannot determine whether it will receive other additional compensation, or the amount thereof. This additional compensation may include, but is not limited to, compensation that is contingent upon certain conditions being met, such as profitability, growth, churn/retention, or volume of services provided. Compensation may be in the form of additional commission, bonuses or benefits. OneDigital may also receive corporate sponsorships for webinars, training or other programming provided for clients, or clients' internal training. OneDigital may be paid additional compensation by insurers normally calculated at the calendar year end that are contingent on a number of factors including the overall number of employer plans and/or employee participants in plans for which we have placed insurance, plan retention rates, and premium growth. Client acknowledges that it has received, read, and understands this compensation disclosure from OneDigital. Client may ask questions or make inquiries regarding the information included in this disclosure at any time. iii. Client's Obligations. a. Client shall provide all necessary information to OneDigital in the time and in the manner agreed to by Client and OneDigital as needed to perform OneDigital's Services. Client confirms the accuracy of any information provided to OneDigital. Client understands that OneDigital reasonably relies on the accuracy of the information Client orovides in the performance of OneDigital's Services. Client shall promptly notify OneDigital of any changes to the information it provides to OneDigital. b. Client assumes sole responsibility for compliance of Client- generated or Client-modified document(s) with any relevant legal requirements, and compatibility with any other Client policies, forms, plans, handbooks, or other Client documents, including where Client modifies policies, forms, plans, handbooks, or other OneDigital work product afteri it has been delivered as final or without further review by OneDigital of such modifications. C. Client agrees to provide reasonable working space, technology, and materials as may be necessary for performance of the Services, as applicable for onsite services. OneDigital designates and reserves the right to change assigned team members for any reason it deems appropriate. OneDigital will notify Client of any changes to assigned team members. Client shall not unreasonably withhold agreement to assigned team members. d. Client agrees that all actions taken within the scope of this Agreement on behalf of Client by OneDigital shall only be undertaken at the explicit direction of Client. While a OneDigital representative may be present during a Client employee termination to witness the event, the actual termination notification must be communicated to the employee by a representative of Client. Client understands that OneDigital representatives are not permitted to terminate Client employees. e. During the term of1 this Agreement and for a period of one (1) year after the termination of this Agreement, Client shall not, directly ori indirectly solicit, recruit, or induce any OneDigital employee or contractor to terminate his or her employment relationship with OneDigital. Nothing herein shall prohibit a OneDigital employee from applying for and being hired as an employee with the Client if such is the result of an unsolicited job posting or the employee': s own job search efforts. If Client violates this provision, Client shall pay OneDigital Prowers County 13 V01202023 ONEDIGITAL ac conversion fee in an amount equal to seventy-five percent (75%) of the first year's total targeted compensation from Client to such employee or contractor. This commission shall be due on the date of hire for an employee and one year from the date of hire for a contractor. f. Upon initiation of consulting services, and no later than the date of the "kick-off" call between Client and OneDigital, Client is responsible for onboarding OneDigital by providing OneDigital with access to all resources necessary to perform the "Services" including, but not limited to, laptop (if required by Client), email address, and Human Resource specific software. Any Client delay related to onboarding OneDigital such that OneDigital cannot be operational by the date of the kick-off call, Client will be billed at OneDigital's regular fee beginning with the Agreement Effective Date. g. Client agrees to designate an individual with responsibility for human resources and people management to interface with OneDigital (the "Management Sponsor"). The Management Sponsor will: i. Work with OneDigital to set clear objectives for OneDigital ii. Review progress in a regularly scheduled "sync" meeting and/or conversation iii. Respond to check-ins from OneDigital as to overall status of work and relationship and meet with OneDigital leadership annually to provide formal feedback on OneDigital performance. iv. Provide immediate feedback on any concerns V. Utilize their own legal counsel to review and approve any work product delivered by OneDigital that may have legal implications vi. Approve a change to retainer package hours with updated pricing or approve the addition of other OneDigital personnel, in writing. Retained HR Consulting is designed to be a long-term arrangement, however periodic adjustments can be made to established package hours throughout the engagement for a minimum ofi three (3) month increments to account for changing business needs. iv. Term and Termination. This Agreement will commence on the Effective Date and, unless terminated in accordance with the terms ofi this Agreement, will continue in full force and effect for a period from the Effective Date to project completion or no later than 7/31/25. V. Applicable Law. Jurisdiction for any dispute under this Agreement shall be exclusively in Prowers County, Colorado District or County Court sitting without jury in Lamar, Colorado. vi. Terms and Conditions. This Agreement is subject to and incorporates by reference, the OneDigital Terms and Conditions ("Terms")s set forth at https/www.onedigtal.com/lega/terms-conditions/. No waiver by either Party of any oft the provisions of this Agreement is effective unless explicitly set forth in writing and signed by both Parties. This Agreement may be executed in one or more counterparts, including, but not limited to, facsimiles and scanned images. Each counterpart shall for all purposes be deemed to be an original. Prowers County 14 V01202023 ONEDIGITAL X Nate Wall Senior Managing Principal Prowers County Digital Insurance LLC 301 S Main Street, Suite 215 200 Galleria Parkway, Suite 1950 Lamar, CO 81052 Atlanta, GA 30339 Date: Date: Please provide the following billing details: Billing contact name:. Billing contact email: Email for invoices: Federal Tax ID: Prowers County 15 V01202023