MEETING OF THE BOARD OF COUNTY COMMISSIONERS …

MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BOULDER COUNTY, TUESDAY, JUNE 22, 2021

This agenda is subject to change. Please call ahead to confirm an item of interest (303-441-3500). Meetings are held in the Third Floor Hearing Room, County Courthouse, 1325 Pearl Street, Boulder.

Public comments are taken at meetings designated as Public Hearings. For special assistance, contact our ADA Coordinator (303-441-3525) at least 72 hours in advance.

Please note: The County Commissioners' Office is conducting all business remotely due to a renovation project in the hearing room. We apologize for any inconvenience this may cause. Virtual Public Meeting and Hearing information can be found at https://boco.org/Meeting-Portal.

(Virtual Meeting using Zoom webinar – Publicly Accessible) More information on virtual meetings can be found in the Open Meeting Portal agenda packet located here: https:boco.org/BOCC-Agendas.

10:30 a.m. BUSINESS MEETING (See Agenda Below)

Attendee Link: https://boco.org/Business-Meeting

Call-in information: 1-833-568-8864, Webinar ID: 160 688 0609

BUSINESS MEETING AGENDA

Attendee Link: https://boco.org/Business-Meeting

Call-in information: 1-833-568-8864, Webinar ID: 160 688 0609

COMMISSIONERS' CONSENT ITEMS:

1. Public Works: BID Award #7232-21, Sugarloaf Retaining Walls at SH-119, is awarded to American Civil Constructors, LLC, dba, ACC Mountain West, the lowest, most responsible bidder, for a contract amount of $3,754,958.94. ACTION REQUESTED: Approval / Signature

2. County Attorney's Office: Quitclaim deed for transfer of Parcel 7 of Francis Avenue from Boulder County to City of Longmont as required by IGA Amendment with City of Longmont for Flood Repairs to Boston Street. ACTION REQUESTED: Approval / Signature

3. County Attorney's Office: Resolution 2021-50, conditionally approving Boulder County Community Planning & Permitting Docket LU-21-0006: McChesney Agricultural Worker Accessory Dwelling Unit ACTION REQUESTED: Adoption / Signature

4. Office of Sustainability, Climate Action, and Resilience: Contract with Tundra Restaurant Supply LLC to provide select Boulder County businesses with energy efficient restaurant and grocery store replacement equipment (amount not to exceed $300,000). The vendor will work in close coordination with Partners for a Clean Environment (PACE), who will oversee the program. ACTION REQUESTED: Approval / Signature

5. Office of the County Administrator: Petition for Abatement or Refund of Taxes recommended for approval by the Assessor’s Office: GE HFS LLC (P0404067). Refund in the amount of $17,384.91 for 2020. ACTION REQUESTED: Approval / Signature

6. Office of the County Administrator: Petition for Abatement or Refund of Taxes recommended for approval by the Assessor’s Office: WSP USA Inc (P0404338). Refund in the amount of $15,005.34 for 2020. ACTION REQUESTED: Approval / Signature

7. Office of the County Administrator: Petition for Abatement or Refund of Taxes recommended for approval by the Assessor’s Office: Barttlet Eleanor Frances Roberts Family Trust et al (R0607760). Refund in the amount of $18,840.66 for 2019 and $19,133.45 for 2020. ACTION REQUESTED: Approval / Signature

COMMISSIONERS' DISCUSSION ITEMS:

8. Clerk and Recorder's Office: Contract with Runbeck Election Services, Inc., for the purchase, installation and training of a mail ballot sorter ($329,750). ACTION REQUESTED: Approval / Signature

9. Parks & Open Space: Bid Waiver request and Contract Amendment No. 1 with R&R Conner Aviation, LLC dba Conner Helicopters, RFP# 7209-21 for the Calwood Fire Aerial Mulching Project in the amount not to exceed $550,000. The new funding source is Colorado Water Conservation Board. ACTION REQUESTED: Approval / Signature

10. Parks & Open Space: Participating Agreement between Boulder County and the United States Department of Agriculture (USDA), Forest Service (USFS), Arapaho and Roosevelt National Forests and Pawnee Grasslands to authorize Boulder County to Implement Stabilization Measures on USFS lands within the CalWood Fire Footprint. ACTION REQUESTED: Approval / Signature

CONFIRMATION OF EXECUTIVE SESSION TOPICS:

AUTHORIZATION FOR EXECUTIVE SESSION:

11. Commissioners' Office: Authorization for the Board of County Commissioners to go into Executive Session at 11:00 a.m. on Wednesday, June 23 with Ben Pearlman, County Attorney, pursuant to CRS 24-6-402(4)(b) Legal Advice. ACTION REQUESTED: Approval

BCHA Executive Session (if needed)

SCHEDULING AND COMMUNICATIONS:

Boulder County Purchasing Downtown Courthouse • 1325 Pearl Street • Boulder, Colorado 80302 • 303.441.3525 Mailing Address: P.O. Box 471 • Boulder, Colorado 80306 • www.bouldercounty.org

Matt Jones County Commissioner Claire Levy County Commissioner

Marta Loachamin County Commissioner

BID ANALYSIS AND RECOMMENDATION

Requesting Department: Public Works

BID Title: Sugarloaf Retaining Walls at SH-119

BID No.: 7232-21

BID Opening Date: May 28, 2021

No. of Vendors Contacted: 1026

No. of Minority Owned, Women Owned,: 249

Disadvantaged, Veteran Owned Vendors Contacted

This BID has been posted in accordance with County Policy. Evaluated by: Colton G. Coughlin, Project Engineer, Boulder County Public Works Kristine Obendorf, Interim Engineering Division Manager, Boulder County Public Works Michael A. Thomas, County Engineer, Boulder County Public Works Bid Responses: Company Name Total Cost

Rock & Company, Inc., PO Box 568 Brighton, CO 80601, 12739 County Road 4 Brighton, CO 80603 $4,065,807.24American Civil Constructors, LLC, dba, ACC Mountain West, 4901 South Windermere Street, Littleton, CO 80120 $3,754,958.94SEMA Construction Inc., 7353 S. Eagle St., Centennial, CO 80112 $3,837,305.24

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Recommendation: The evaluation committee recommends awarding BID #7232-21, Sugarloaf Retaining Walls at SH-119, to American Civil Constructors, LLC, dba, ACC Mountain West, the lowest, most responsible bidder. Contract Amount: $3,754,958.94 Contract Required: Yes ☐ No

Account Code: _ _______________________________ /_______ Department Date I certify this BID has been conducted in accordance with Boulder County policy. Purchasing makes no representation regarding the evaluations or recommendations contained in this analysis. /_______ Purchasing Date Comments:

/_______ Chair, Board of Commissioners Date

Attest: /_______

Clerk to the Board Date Date of Board Action:

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QUITCLAIM DEED

(Statutory Form, C.R.S. § 38-30-116)

Grantor, the COUNTY OF BOULDER, a body corporate and politic, whose legal address is P.O. Box 471, Boulder, Colorado 80306, for the consideration of LESS THAN FIVE HUNDRED DOLLARS, in hand paid, hereby sells and quitclaims to Grantee, the City of Longmont, a Colorado home rule municipality, whose legal address is 350 Kimbark St., Longmont, CO 80501, the following real property in the County of Boulder, and State of Colorado, to wit:

See Exhibit A attached hereto and incorporated herein by this reference,

with all its appurtenances.

Signed this _____ day of _______________, 2021. COUNTY OF BOULDER, a body corporate and politic By: Matt Jones, Chair Board of County Commissioners

State of Colorado County of Boulder The foregoing instrument was acknowledged before me this _____ day of ______________, 2021 by Matt Jones, Chair, Board of County Commissioners of Boulder County. (Notary official signature) NOTARY S E A L (Commission expiration)

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EXHIBIT A

Legal Description

Parcel 7 – A parcel of Francis Avenue right of way containing approximately two hundred and fifty-two (252) square feet and being a portion of a parcel of land described in a Right of Way Deed filed for record in the office of the Boulder County Clerk and Recorder at Reception No. 01041050.

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Matt Jones County Commissioner Claire Levy County Commissioner Marta Loachamin County Commissioner

Public Works Department 2525 13th Street • Boulder, Colorado 80304 • Tel: 303-441-3900 Mailing Address: P.O. Box 471 • Boulder, Colorado 80306 • www.BoulderCounty.org

DATE: APRIL 30, 2021 TO: BOARD OF COUNTY COMMISSIONERS FROM: JEFF MAXWELL, PUBLIC WORKS DIRECTOR RE: IGA Amendment with City of Longmont for Flood Repairs to Boston Street Recovery work from the 2013 Flood has entailed multiple agreements with the City of Longmont to allow for the repair and improvement of Boston Street. The attached Amendment once approved and associated quit claim deed once signed by the Board Chair, will transfer a final two-hundred fifty-two square foot parcel along Boston Street from County ownership to City ownership to allow for the replacement of the City’s Boston Street bridge. Recommended Action COUNTY STAFF RECOMMEND APPROVAL OF THIS AMENDMENT AND SIGNATURE OF THE QUIT CLAIM DEED BY THE BOARD CHAIR.

DocuSign Envelope ID: 3F654FE2-0900-4704-9115-045EF58A8B0E2.a

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QUITCLAIM DEED

(Statutory Form, C.R.S. § 38-30-116)

Grantor, the COUNTY OF BOULDER, a body corporate and politic, whose legal address is P.O. Box 471, Boulder, Colorado 80306, for the consideration of LESS THAN FIVE HUNDRED DOLLARS, in hand paid, hereby sells and quitclaims to Grantee, the City of Longmont, a Colorado home rule municipality, whose legal address is 350 Kimbark St., Longmont, CO 80501, the following real property in the County of Boulder, and State of Colorado, to wit:

See Exhibit A attached hereto and incorporated herein by this reference,

with all its appurtenances.

Signed this _____ day of _______________, 2021. COUNTY OF BOULDER, a body corporate and politic By: Matt Jones, Chair Board of County Commissioners

State of Colorado County of Boulder The foregoing instrument was acknowledged before me this _____ day of ______________, 2021 by Matt Jones, Chair, Board of County Commissioners of Boulder County. (Notary official signature) NOTARY S E A L (Commission expiration)


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EXHIBIT A

Legal Description

Parcel 7 – A parcel of Francis Avenue right of way containing approximately two hundred and fifty-two (252) square feet and being a portion of a parcel of land described in a Right of Way Deed filed for record in the office of the Boulder County Clerk and Recorder at Reception No. 01041050.


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RESOLUTION 2021-50 A resolution conditionally approving Boulder County Community Planning & Permitting

Docket LU-21-0006: McChesney Agricultural Worker Accessory Dwelling Unit

Recitals

A. Linda McChesney (the “Applicant”), applied to Boulder County for Limited Impact Special Use Review under Articles 4-601 and 4-516 of the Boulder County Land Use Code (the “Code”) to construct a new 1,392-square-foot residence to use as an Agricultural Worker Accessory Dwelling Unit (“ADU”) on an approximately 62-acre parcel.

B. The subject property is located at 4255 Nelson Road, Parcel No. 131708000010,

approximately 0.5 miles east of its intersection with N. 39th Street, in Section 8, Township 2 North, Range 70 W, in an Agricultural zoning district in unincorporated Boulder County (the “Property”).

C. The Property is the site of Triple Creek Ranch, an equestrian facility that offers horse

boarding, a variety of horse shows, and horse riding lessons. Existing development on the Property consists of the primary residence (4,509 square feet with a 1,355-square-foot deck) and six agricultural structures ranging in size from 281 square feet to 17,450 square feet.

D. The Applicant owns the Property and operates Triple Creek Ranch. The Applicant asserts

that she needs full-time assistance to take care of the ranch and the horses on the Property and proposed this ADU so that her son can live on the Property and assist with the work of the ranch.

E. The above-described request was processed and reviewed as Boulder County

Community Planning & Permitting Docket LU-21-0006 (the “Docket”), as further described in the memorandum and written recommendation to the Board of County Commissioners (the “Board) by Boulder County Community Planning & Permitting Department planning staff dated June 10, 2021, together with its attachments (the “Staff Recommendation”). The Staff Recommendation found that the Docket could meet the criteria for approval with recommended conditions, and therefore, recommended that the Board conditionally approve the Docket.

F. At an online public hearing on the Docket held on June 10, 2021 (the “Public Hearing”),

as further reflected in the official record of the Public Hearing, the Board considered the Staff Recommendation, as well as documents and testimony presented by Boulder County Community Planning & Permitting and Parks & Open Space Department staff and the Applicant. No members of the public spoke at the Public Hearing.

G. Based on the Public Hearing, the Board finds that the Docket meets the criteria for

Limited Impact Special Use approval for a Family Care Unit as set forth in Articles 4-601.A and

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4-516.G.6 of the Code, subject to the conditions stated below. H. Therefore, the Docket can be approved, subject to the conditions stated below.

Therefore, the Board resolves:

Docket LU-21-0006 is approved on the basis and terms set forth in this Resolution, above,

and subject to the following conditions: 1. The Applicant shall comply with all applicable requirements of the Boulder County

Building Safety and Inspection Services Team and adopted County Building Codes, as outlined in the referral comments, including, but not limited to, required sprinklering, and the BuildSmart energy efficiency and sustainability requirements.

2. The ADU shall be limited to a maximum of 1,392 square feet.

3. With the submittal of a building permit for the ADU, the Applicant shall submit plans

demonstrating that the proposed driveway between the existing primary access road for the Property and the ADU complies with the Boulder County Multimodal Transportation Standards for residential development, including without limitation:

a. Table 5.5.1 – Parcel Access Design Standards (1-Lane Plains Access) b. Standard Drawing 11 – Private Access c. Standard Drawing 14 – Access with Roadside Ditch d. Standard Drawing 15 – Access Profiles Detail e. Standard Drawing 16 – Access Grade & Clearance f. Standard Drawing 17 – Access Pullouts g. Standard Drawing 18 – Access Turnaround h. Standard Drawing 19 – Typical Turnaround & Pullout Locations

The width of the access drive must be between 10 and 16 feet wide, plus an additional 2

feet of horizontal clearance on each side of the main travelway. An emergency access turnaround is required for the ADU. The emergency turnaround

must be located a minimum of 50 feet from the front and no more than 150 feet from the rear of the ADU. A minimum 30-foot centerline radius is required for the turnaround.

Emergency access pullouts are required at 400-foot intervals along the access drive. The proposed drive must be surfaced with 4” ABC (Class 6) or other suitable material as

approved by the County Engineer.

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If the emergency turnaround area is less than 400 feet from the point where the ADU access diverges from the existing primary access road, an emergency pullout is not required. The distance between the ADU and the primary access road must be identified on the plans submitted for permitting.

4. With the submittal of a building permit application for the ADU, the Applicant shall

submit an updated grading fact sheet for the ADU that includes all non-foundational earthwork. The locations of all non-foundational earthwork must be identified on plans submitted for permitting and areas of cut and fill must be clearly delineated using contrasting shading.

Up to four inches of surfacing material may be excluded from the 200 cubic yard

threshold detailed below; the volume of exempt surfacing material must be identified on the updated fact sheet. If more than 200 cubic yards of earthwork (excluding the exempt surfacing material) is required to construct the new driveway, the updated plans and fact sheet must be signed and stamped by a Colorado-registered Professional Engineer, Landscape Architect, or Architect.

5. With the submittal of a building permit for the ADU, the Applicant shall submit revised

plans indicating the proposed setback between the area of disturbance for the ADU and the Lykins Gulch Ditch. If the area of disturbance for the ADU and/or the proposed access to the ADU is within 100 horizontal feet of the Lykins Gulch Ditch, a Boulder County Stormwater Quality Permit (“SWQP”) is required. If a SWQP is required, the SWQP application shall be submitted with the building permit application for the ADU, and the SWQP must be obtained prior to any work beginning on this project.

If no SWQP is required, the Applicant shall submit a Revegetation Plan that includes

grass species to be used, an explanation of how topsoils will be stockpiled and reused, mapped delineation of all disturbance areas (including construction staging areas, driveway, utility lines, and septic system), and locations of silt fence or erosion control logs down slope of disturbed areas. New horticultural plantings should emphasize xeriscaping principles (Article 7.200.B.8 of the Code).

6. Prior to issuance of a building permit for the ADU, the Applicant shall submit to the

Community Planning & Permitting Department for review and approval one copy of a lighting plan. Down lighting is required, and all bulbs must be fully shielded to prevent light emissions above a horizontal plane drawn from the bottom of the fixture. The lighting plan must indicate the location of all exterior fixtures on the site and structure and must include cut sheets (manufacturer’s specifications with picture or diagram) of all proposed fixtures. The lighting plan shall be included as part of the building plan set required at the time of permit application.

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a. Prior to issuance of a Certificate of Occupancy, the Community Planning & Permitting Department must inspect and approve the full installation of the approved lighting plan.

7. The Property owner shall submit an annual report to the Community Planning &

Permitting Department indicating that the inhabitant of the ADU continues to live on-site and that the unit continues to be occupied in accordance with the Docket.

8. The accessory dwelling shall only be used as an Agricultural Worker Unit. Any changes

to this use shall be considered a substantial modification of this approval and will require that the unit be decommissioned.

9. Prior to the issuance of a building permit for the ADU, the Applicant shall record a

signed affidavit recognizing the conditions of approval for the Docket.

10. The Applicant shall be subject to the terms, conditions, and commitments of record and in the file for Docket LU-21-0006: McChesney Agricultural Worker Accessory Dwelling Unit.

[Signature Page to Follow]

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A motion to approve the Docket was made by Commissioner Marta Loachamin, seconded by Commissioner Matt Jones, and passed by a 2-0 vote. Commissioner Claire Levy was excused. ADOPTED as a final decision of the Board on this ______ day of June 2021.

BOARD OF COUNTY COMMISSIONERS OF BOULDER COUNTY:

_____________________________ Matt Jones, Chair

_____________________________ Marta Loachamin, Vice Chair

_____________________________ Claire Levy, Commissioner ATTEST: __________________________ Clerk to the Board

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Contract

DETAILS SUMMARY

Document Type New Contract

OFS Number-Version 301264

County Contact Information

Boulder County Legal Entity Boulder County

Department Office of Sustainability, Climate Action, and Resilience

Division/Program Partners for a Clean Environment

Mailing Address PO Box 471, Boulder, CO 80306

Contract Contact – Name, email Zac Swank, [email protected]

Invoice Contact – Name, email Beth Bradford, [email protected]

Contractor Contact Information

Contractor Name Tundra Restaurant Supply, LLC

Contractor Mailing Address 3825 Walnut St. Boulder, CO 80301

Contact 1- Name, title, email Mark Fallon, Sales Rep, [email protected]

Contact 2- Name, title, email Celestina Hernandez, Sales Manager, [email protected]

Contract Term

Start Date 6/1/2021

Expiration Date 5/31/2022

Final End Date 5/31/2026

Contract Amount

Contract Amount $300,000

Fixed Price or Not-to-Exceed? Not-to-Exceed

Brief Description of Work

Contractor will supply select Boulder County businesses with energy efficient restaurant and grocery store replacement equipment.

Contract Documents

• Exhibit A: Formal Procurement RFP No. 7126-20 (the "Bid Documents")

• Exhibits B and C: Contractor’s proposal in response to the Bid Documents (the “Proposal”)

• Exhibit D: Bid award letter

• Exhibit E: Project Details, including project-specific terms and a Scope of Work, (the “Scope of Work”)

• Exhibit F: Fee Schedule (the “Fee Schedule”)

Purchasing Details – County Internal Use Only

Grant funded? No

Bid Number RFP #7126-20

Award Date 6/23/2020

If no Bid No., bid process used Bid number provided above

COVID-19 NO

Project #

Purchasing Notes (optional)

Contract Notes Additional information not included above

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mailto:[email protected]


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THIS CONTRACT ("Contract") is entered into by and between the Board of County Commissioners on behalf of the County of Boulder, State of Colorado, a body corporate and politic, for the benefit of the Office of Sustainability, Climate Action, and Resilience ("County") and Tundra Restaurant Supply, LLC ("Contractor"). County and Contractor are each a “Party,” and collectively the “Parties.” In consideration of the mutual covenants contained in this Contract, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Incorporation into Contract: The Details Summary is incorporated into this Contract. The Contract Documents are incorporated into this Contract by reference, except to the extent that the Proposal, if any is incorporated, contains any obligations placed upon County and not otherwise contained in this Contract. 2. Work to be Performed: Contractor will provide all labor and equipment and do all tasks necessary and incidental to performing the work as described in the Details Summary and Contract Documents (the "Work"). Contractor will perform the Work (a) in a good and workmanlike manner, (b) at its own cost and expense, (c) in accordance with recognized industry standards of care, skill and diligence for the type of work being performed, and (d) in strict accordance with the Contract. 3. Term of Contract: The Contract Term begins on the Start Date and expires on the Expiration Date, unless terminated sooner. All the Work must be performed during the Contract Term. 4. Payment for Work Performed: In consideration of the Work performed by Contractor, and subject to conditions contained in this Contract, County will pay an amount not to exceed the Contract Amount to Contractor in accordance with the Contract Documents. 5. Invoicing: Contractor will promptly provide a copy of its Form W-9 and invoice template to County upon request. Contractor must submit an invoice to the County by the fifteenth (15th) day of the month for completion of any Work performed in the prior calendar month. All invoices submitted require the following components: Contractor’s name and address (submitted W-9 address must match remit address), detailed description of services, dates of services, itemization of labor and materials costs, “Bill to: Boulder County” language, payment remittance address, payer, name and address, date of invoice, unique invoice number, and total amount due. Contractor must send all completed invoices to the Invoice Contact in the Details Summary. County may require delivery of invoices by email. Failure to submit invoices in a timely manner and in accordance with the terms of this Contract may cause a delay in payment. County may recoup any damages incurred because of Contractor’s failure to submit invoices pursuant to the terms of this paragraph. County’s acceptance or payment of an invoice will not constitute acceptance of any Work performed under this Contract. 6. Extra Time to Complete the Work (Additional Time only): If Contractor cannot complete the Work by the Expiration Date, Contractor may request extra time to complete the Work. County, in its sole discretion, may grant Contractor additional time to complete the Work by sending a written notice of extension to Contractor. An extension of time to complete the Work does not entitle Contractor to additional compensation from County. 7. Extension of Contract Term (Additional Time and Work): Upon mutual agreement of the Parties, this Contract may be extended until the Final End Date. During any extended Contract

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Term, the terms of this Contract will remain in full force and effect, unless otherwise amended in writing by the Parties. Where the Contractor will provide additional services for additional compensation beyond the initial Contract Amount, the Parties must execute a written amendment before the then-current Expiration Date. If necessary, the written amendment will incorporate an updated Scope of Work and updated Fee Schedule as exhibits. Contractor must provide a current Certificate of Insurance to the County that complies with the Insurance Requirements of this Contract, if any, prior to any extended Contract Term. 8. Schedule of Work: County may designate the hours (on a daily or weekly basis) during which Contractor may perform the Work, strictly for the purposes of minimizing inconvenience to the County and interference with County operations. Contractor will otherwise set its own work schedule. 9. Indemnity: Contractor will be liable for any damages to persons or property caused by or arising out of the actions, obligations, or omissions of Contractor, its employees, agents, representatives or other persons acting under Contractor's direction or control in performing or failing to perform the Work under this Contract. Contractor will indemnify and hold harmless County, its elected officials and appointed department heads, and its employees, agents and representatives (the "indemnified parties"), from any and all liability, claims, demands, actions, damages, losses, judgments, costs or expenses, including attorneys’ fees, which may be made or brought or which may result against any of the indemnified parties as a result or on account of the actions or omissions of Contractor, its employees, agents or representatives, or other persons acting under Contractor’s direction or control. This indemnification obligation will extend to claims based on Contractor’s unauthorized use or disclosure of confidential information and intellectual property infringement. County will not be obligated to indemnify or defend Contractor under any circumstances. Contractor’s obligations under this provision shall survive expiration or termination of this Contract. Nothing contained in this Contract or the Contract Documents is intended to limit or restrict the indemnification rights or obligations of any Party under this provision, or damages available for breaches of the obligations herein. 10. Nondiscrimination: Contractor will comply with the Colorado Anti-Discrimination Act, C.R.S. § 24-34-401, et seq., as amended, and all applicable local, State and Federal laws concerning discrimination and unfair employment practices. County prohibits unlawful discrimination on the basis of race, color, religion, gender, gender identity, national origin, age 40 and over, disability, socio-economic status, sexual orientation, genetic information, or any other status protected by applicable Federal, State or local law. Contractor must require that its subcontractors, if any, similarly comply with all applicable laws concerning discrimination and unfair employment practices. 11. Information and Reports: Contractor will provide to authorized County, State, and Federal government representatives all information and reports that may be required for any purpose authorized by law. Contractor will permit access to such representatives to Contractor's facilities, books, records, accounts, and any other relevant sources of information. Where information required by a representative is in the exclusive possession of a person or entity other than Contractor, Contractor must so certify to the County and explain what efforts it has made to obtain the information. 12. Independent Contractor: Contractor is an independent contractor for all purposes in performing the Work. None of Contractor, its agents, personnel or subcontractors are employees of the County for any purpose, including the Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code,

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the Colorado Workers’ Compensation Act, the Colorado Unemployment Insurance Act, and the Public Employees Retirement Association. Accordingly, County will not withhold or pay any income tax, payroll tax, or retirement contribution of any kind on behalf of Contractor or Contractor’s employees. As an independent contractor, Contractor is responsible for employing and directing such personnel and agents as it requires to perform the Work. Contractor will exercise complete authority over its personnel and agents and will be fully responsible for their actions. 13. Termination

a. Breach: Either Party’s failure to perform any of its material obligations under this Contract, in whole or in part or in a timely or satisfactory manner, will be a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirty (30) days after the institution of such proceeding, will also constitute a breach. In the event of a breach, the non-breaching Party may provide written notice of the breach to the other Party. If the breaching Party does not cure the breach, at its sole expense, as reasonably determined by the non-breaching Party in its sole discretion, within thirty (30) days after delivery of notice, the non-breaching Party may exercise any of its remedies provided under this Contract or at law, including immediate termination of this Contract. b. Non-Appropriation: The other provisions of this Contract notwithstanding, County is prohibited by law from making commitments beyond the current fiscal year. Payment to Contractor beyond the current fiscal year is contingent on the appropriation and continuing availability of funding in any subsequent year. County has reason to believe that sufficient funds will be available for the full Contract Term. Where, however, funds are not allocated for any fiscal period beyond the current fiscal year, County may terminate this Contract without penalty by providing thirty (30) days’ written notice to Contractor.

c. Convenience: In addition to any other right to terminate under this Section 13,

County may terminate this Contract, in whole or in part, for any or no reason, upon thirty (30) days’ advance written notice to Contractor.

14. Contractor Obligations upon Termination or Expiration: By the Expiration Date or effective date of termination, if earlier, Contractor must (1) remove from County property all of its personnel, equipment, supplies, trash and any hazards created by Contractor, (2) protect any serviceable materials belonging to the County, and (3) take any other action necessary to leave a safe and healthful worksite. Any items remaining on County property after the Expiration Date or the effective date of termination, if earlier, will be deemed abandoned by Contractor. 15. Payable Costs in Event of Early Termination: If County terminates this Contract before the Expiration Date, Contractor’s payments (and any damages associated with any lawsuit brought by Contractor) are limited to only (1) payment for Work satisfactorily executed and fully and finally completed, as determined by County in its sole discretion, prior to delivery of the notice to terminate, and (2) the reasonable and actual costs Contractor incurred in connection with performing the Work prior to delivery of the notice to terminate. Contractor explicitly waives all claims it may have against the County for any other compensation, such as anticipatory profits or any other consequential, special, incidental, punitive or indirect damages. 16. Remedies for Non-Performance: If Contractor fails to perform any of its obligations under this Contract, County may, at its sole discretion, exercise one or more of the following remedies

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(in addition to any other remedies provided by law or in this Contract), which shall survive expiration or termination of this Contract:

a. Suspend Performance: County may require that Contractor suspend performance of all or any portion of the Work pending necessary corrective action specified by the County and without entitling Contractor to an increase in compensation or extension of the performance schedule. Contractor must promptly stop performance and incurring costs upon delivery of a notice of suspension by the County.

b. Withhold Payment Pending Corrections: County may permit Contractor to correct any rejected Work at the County ’s discretion. Upon County ’s request, Contractor must correct rejected work at Contractor’s sole expense within the time frame established by the County. Upon full and final completion of the corrections satisfactory to the County, County will remit payment to Contractor.

c. Deny Payment: County may deny payment for any Work that does not comply with the requirements of the Contract or that Contractor otherwise fails to provide or fully and finally complete, as determined by the County in its sole discretion. Upon County request, Contractor will promptly refund any amounts prepaid by the County with respect to such non-compliant Work.

d. Removal: Upon County ’s request, Contractor will remove any of its employees or agents from performance of the Work, if County, in its sole discretion, deems any such person to be incompetent, careless, unsuitable, or otherwise unacceptable.

17. Binding Arbitration Prohibited: County does not agree to binding arbitration by any extra-judicial body or person. 18. Conflicts of Interest: Contractor may not engage in any business or personal activities or practices or maintain any relationships that conflict in any way with the full performance of Contractor’s obligations. 19. Notices: All notices provided under this Contract must be in writing and sent by Certified U.S. Mail (Return Receipt Requested), electronic mail, or hand-delivery to the other Party’s Contact at the address specified in the Details Summary. For certified mailings, notice periods will begin to run on the day after the postmarked date of mailing. For electronic mail or hand-delivery, notice periods will begin to run on the date of delivery. 20. Statutory Requirements: This Contract is subject to all statutory requirements that are or may become applicable to counties or political subdivisions of the State of Colorado generally, including but not limited to: C.R.S. § 38-26-107, which requires withholding funds where the County receives a claim for payment from a supplier or subcontractor of Contractor upon notice of final settlement (required for public works contracts that exceed $150,000); C.R.S. § 8-17-101 et seq.; C.R.S. § 18-8-301, et seq.; and C.R.S. § 18-8-401, et seq. 21. Public Contracts for Services (C.R.S. §§ 8-17.5-101, et seq.): The phrase “unauthorized worker” as used in this provision shall have the same and intended meaning as “illegal alien” as such phrase is used in C.R.S. §§ 8-17.5-101, et seq. Contractor hereby certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized worker who will perform work under this Contract and further certifies that it will confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract by

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participating in the E-Verify Program established under Pub. L. 104-28 or the department verification program established under C.R.S. § 8-17.5-102(5)(c). Contractor (i) shall not knowingly employ or contract with an unauthorized worker to perform work under this Contract; (ii) shall not enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an unauthorized worker to perform work under this Contract; (iii) has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E-Verify program or department program; (iv) is prohibited from using either the E-Verify program or department program procedures to undertake preemployment screening of job applicants while this Contract is being performed; and (v) shall comply with any reasonable request by the department made in the course of an investigation that the Colorado Department of Labor and Employment is undertaking pursuant to the authority established in C.R.S. § 8-17.5-102(5). If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an unauthorized worker, Contractor shall (a) notify the subcontractor and County within three (3) days that Contractor has actual knowledge that subcontractor is employing or contracting with an unauthorized worker; and (b) terminate the subcontract if, within three (3) days of receiving notice hereunder, subcontractor does not stop employing or contracting with the unauthorized worker; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an unauthorized worker. Contractor’s violation of this provision will constitute a material breach of this Contract, entitling the County to terminate the contract for breach. If this Contract is so terminated, Contractor shall be liable for actual and consequential damages to the County. 22. Entire Agreement/Binding Effect/Amendments: This Contract represents the complete agreement between the Parties and is fully binding upon them and their successors, heirs, and assigns, if any. This Contract terminates any prior agreements, whether written or oral in whole or in part, between the Parties relating to the Work. This Contract may be amended only by a written agreement signed by both Parties. 23. Assignment/Subcontractors: This Contract may not be assigned or subcontracted by Contractor without the prior written consent of the County. If Contractor subcontracts any of its obligations under this Contract, Contractor will remain liable to the County for those obligations and will also be responsible for subcontractor’s performance under, and compliance with, this Contract. 24. Governing Law/Venue: The laws of the State of Colorado govern the construction, interpretation, performance, and enforcement of this Contract. Any claim relating to this Contract or breach thereof may only be brought exclusively in the Courts of the 20th Judicial District of the State of Colorado and the applicable Colorado Appellate Courts. 25. Breach: The failure of either Party to exercise any of its rights under this Contract will not be deemed to be a waiver of such rights or a waiver of any breach of the Contract. All remedies available to a Party in this Contract are cumulative and in addition to every other remedy provided by law. 26. Severability: If any provision of this Contract becomes inoperable for any reason but the fundamental terms and conditions continue to be legal and enforceable, then the remainder of the Contract will continue to be operative and binding on the Parties.

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27. Third-Party Beneficiary: Enforcement of the terms and conditions and all rights and obligations of this Contract are reserved to the Parties. Any other person receiving services or benefits under this Contract is an incidental beneficiary only and has no rights under this Contract. Notwithstanding, where the beneficiary Department is led by an Elected Official, such Elected Official shall be considered a third-party beneficiary. 28. Colorado Open Records Act: County may disclose any records that are subject to public release under the Colorado Open Records Act, C.R.S. § 24-72-200.1, et seq. 29. Conflict of Provisions: If there is any conflict between the terms of the main body of this Contract and the terms of any of the Contract Documents, the terms of the main body of the Contract will control. 30. Governmental Immunity: Nothing in this Contract shall be construed in any way to be a waiver of the County’s immunity protection under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended. 31. Representations and Warranties: Contractor represents and warrants the following:

a. Execution of this Contract and performance thereof is within Contractor’s duly authorized powers;

b. The individual executing this Contract is authorized to do so by Contractor; c. Contractor is authorized to do business in the State of Colorado and is properly

licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over the Work and the Contractor; and

d. Contractor and its subcontractors, if any, are financially solvent, able to pay all debts as they mature, and have sufficient working capital to complete the Work and perform all obligations under the Contract.

32. Legal Compliance: Contractor assumes full responsibility for obtaining and maintaining any permits and licenses required to perform the Work. Contractor is solely responsible for ensuring that its performance under this Contract and the Work itself will comply with all Federal, State, and local laws, regulations, ordinances and codes. County approval of the Work or any aspect of Contractor’s performance, such as plans, designs, or other Contractor-drafted documents, shall not be interpreted to mean that Contractor has satisfied its obligations under this Section. 33. Litigation Reporting: Contractor is not currently involved in any action before a court or other administrative decision-making body that could affect Contractor’s ability to perform the Work. Contractor will promptly notify the County if Contractor is served with a pleading or other document in connection with any such action. 34. Tax Exemption: County is exempt from payment of Federal, State, and local government taxes. Contractor shall collect no tax from the County, and the County shall not be liable to pay any taxes imposed on Contractor. County shall provide its tax exemption status information to Contractor upon request. 35. Delegation of Authority: The Parties acknowledge that the Board of County Commissioners has delegated authority to the Department Head or Elected Official that leads the beneficiary Department and their designees to act on behalf of the County under the terms of this Contract, including but not limited to the authority to terminate this Contract.

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36. RESERVED. 37. Publicity Releases: Contractor will not refer to this Contract or the County in commercial advertising without prior written consent of the County. This provision shall survive expiration or termination of this Contract. 38. Execution by Counterparts; Electronic Signatures: This Contract may be executed in multiple counterparts, each of which will be deemed an original, but all of which will constitute one agreement. The Parties approve the use of electronic signatures, governed by the Uniform Electronic Transactions Act, C.R.S. §§ 24 71.3 101 to 121. The Parties will not deny the legal effect or enforceability of this Contract solely because it is in electronic form or because an electronic record was used in its creation. The Parties will not object to the admissibility of this Contract in the form of electronic record, or paper copy of an electronic document, or paper copy of a document bearing an electronic signature, because it is not in its original form or is not an original. 39. Limitation on Public Statements and Lobbying Activity. During the term of this Contract, Contractor may receive from the County its confidential data, work product, or other privileged or confidential information that is protected by law. To maintain the fact and appearance of absolute objectively, Contractor shall not, without the prior written consent of the County, which shall not be unreasonably withheld, do any of the following: (a) disclose information obtained because of this contractual relationship to any third party; (b) lobby any State or Federal agency on any pending matter while this Contract is effective; or (c) make any public statements or appear at any time to give testimony at any public meeting on the subject matters regarding which Contractor is or was retained by the County. County may set reasonable conditions on any disclosure authorized by the County under this provision. Notwithstanding, Contractor may make disclosures as required by law, and to law enforcement officials in connection with any criminal justice investigation. 40. Sustainability: County encourages Contractor to consider the procurement and use of environmentally preferable products and services while performing services under this Contract. “Environmentally preferable purchasing” means making purchasing choices for products and services that have a lesser or reduced adverse effect on human health and the environment when compared with competing products and services that serve the same purpose. Environmentally preferable purchasing is consistent with the County’s commitment to protecting our air, water, soil, and climate for current and future generations. County encourages Contractor to incorporate the following actions into Contractor’s performance of the Work: environmentally preferable supplies and services; conservation of water; efficient energy use; waste prevention; reuse and recycle construction and de-construction materials in a manner that maximizes reuse of materials; sustainable transportation choices, including consideration to business communication software such as Skype alternative to air travel and public transit or carpooling for in-person meetings; pollution prevention; low toxicity for public health & safety; and reduced emissions to address climate change. 41. Limitation of Liability: COUNTY SHALL NOT BE LIABLE TO CONTRACTOR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THIS CONTRACT, REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. COUNTY’S AGGREGATE LIABILITY, IF ANY, ARISING FROM OR RELATED TO THIS CONTRACT, WHETHER IN CONTRACT, OR IN TORT, OR OTHERWISE, IS LIMITED TO, AND SHALL NOT EXCEED, THE AMOUNTS PAID OR

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PAYABLE HEREUNDER BY COUNTY TO CONTRACTOR. ANY CONTRACTUAL LANGUAGE LIMITING CONTRACTOR’S LIABILITY SHALL BE VOID. 42. Legal Interpretation. Each Party recognizes that this Contract is legally binding and acknowledges that it has had the opportunity to consult with legal counsel of its choice about this Contract. The rule of construction providing that any ambiguities are resolved against the drafting Party will not apply in interpreting the terms of this Contract. 43. No Suspension or Debarment: Contractor certifies, and warrants for the Contract Term, that neither it nor its principals nor any of its subcontractors are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Contract by any Federal or State department or agency. Contractor shall comply, and shall require its subcontractors to comply, with subpart C of 2 C.F.R. § 180. 44. Insurance: Prior to commencing the Work, Contractor will provide a Certificate of Insurance to the County demonstrating adequate insurance coverage as required by this Section. All policies evidencing coverage required by the Contract will be issued by insurance companies satisfactory to the County. Contractor will forward Certificates of Insurance directly to the County Department and Contact listed in the Details Summary.

a. Boulder County as Additional Insured: Boulder County shall be named as an additional insured for General Liability, Umbrella/Excess Liability, and Pollution Liability, as designated in this Contract. Additional insured shall be endorsed to the policy.

THE ADDITIONAL INSURED WORDING SHOULD BE AS FOLLOWS: County of

Boulder, State of Colorado, a body corporate and politic, is named as Additional Insured. b. Notice of Cancellation: Each insurance policy required by this Contract shall

provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days’ prior written notice has been given to the County except when cancellation is for non-payment of premium, then ten (10) days’ prior notice may be given. If any insurance company refuses to provide the required notice, Contractor or its insurance broker shall notify the County any cancellation, suspension, or nonrenewal of any insurance policy within seven (7) days of receipt of insurers’ notification to that effect.

c. Insurance Obligations of County: County is not required to maintain or procure any

insurance coverage beyond the coverage maintained by the County in its standard course of business. Any insurance obligations placed on the County in any of the Contract Documents shall be null and void.

d. Deductible: Any and all deductibles contained in any insurance policy shall be

assumed by and at the sole risk of Contractor. e. Primacy of Coverage: Coverage required of Contractor and its subcontractors, if

any, shall be primary over any insurance or self-insurance program carried by the County. f. Subrogation Waiver: All insurance policies in any way related to this Contract

secured or maintained by Contractor as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against County, its organizations, officers, agents, employees, and volunteers.

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g. Requirements: For the entire duration of this Contract including any extended or renewed terms, and longer as may be required by this Contract, Contractor shall procure and maintain at its own expense, and without cost to the County, the following kinds and minimum amounts of insurance to insure the liability risks that Contractor has assumed under this Contract:

i. Commercial General Liability

This coverage should be provided on an Occurrence Form, ISO CG001 or equivalent, with Minimum limits of $1,000,000 Each Occurrence, $2,000,000 General Aggregate and $2,000,000 Products Completed Operations Aggregate.

ii. Automobile Liability Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the performance of the Contract. Minimum limits $1,000,000 Each Accident.

iii. Workers' Compensation and Employer's Liability Workers’ Compensation must be maintained with the statutory limits. Employer's Liability is required for minimum limits of $100,000 Each Accident/$500,000 Disease-Policy Limit/$100,000 Disease-Each Employee.

[Signature Page to Follow]

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IN WITNESS WHEREOF, the Parties have executed and entered into this Contract as of the latter

day and year indicated below.

SIGNED for and on behalf of Boulder County SIGNED for and on behalf of Contractor

Signature: Signature:

Name: Matt Jones Name: David Bement

Title: Chair, Board of County Commissioners Title: VP of Sales

Date: Date:

↓↓For Board-signed documents only↓↓

Attest: Initials

Attestor Name:

Attestor Title:

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RECEIVED

Appeals Coordinator

Assessor DecisionJune 15, 2021DUE DATE

By Boulder County Assessor at 3:46 pm, Apr 12, 2021

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FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY(Section III or Section IV must be completed)

Every petition for abatement or refund filed pursuant to § 39-10-114, C.R.S. shall be acted upon pursuant to the provisions of this section by the Board of County Commissioners or the Assessor, as appropriate, within six months of the date of filing such petition, § 39-1-113(1.7), C.R.S.

Section III: Written Mutual Agreement of Assessor and Petitioner(Only for abatements up to $10,000)

The Commissioners of _______________________ County authorize the Assessor by Resolution No. _________to review petitions for abatement or refund and to settle by written mutual agreement any such petition for abatement or refund in an amount of $10,000 or less per tract, parcel, or lot of land or per schedule of personal property, in accordance with § 39-1-113(1.5), C.R.S.The Assessor and Petitioner mutually agree to the values and tax abatement/refund of:

Tax Year __________ Tax Year __________

Actual Assessed Tax Actual Assessed Tax

Original ________________ ________________ ______________ _________________ ________________ ______________

Corrected ________________ ________________ ______________ _________________ ________________ ______________

Abate/Refund ________________ ________________ ______________ _________________ ________________ ______________

Note: The total tax amount does not include accrued interest, penalties, and fees associated with late and/or delinquent tax payments, if applicable. Please contact the County Treasurer for full payment information.

___________________________________________Petitioner’s Signature Date

___________________________________________Assessor’s or Deputy Assessor’s Signature Date

Section IV: Decision of the County Commissioners(Must be completed if Section III does not apply)

WHEREAS, the County Commissioners of _________________ County, State of Colorado, at a duly and lawfully called regular meeting held on _____/_____/_____, at which meeting there were present the following members:

Month Day Year______________________________________________________________________________________________________________________________________________________________________________________with notice of such meeting and an opportunity to be present having been given to the Petitioner and the Assessor

of said County and Assessor _______________________________________(being present--not present) andName

Petitioner __________________________________(being present--not present), and WHEREAS, the said Name

County Commissioners have carefully considered the within petition, and are fully advised in relation thereto, NOW BE IT RESOLVED, that the Board (agrees--does not agree) with the recommendation of the Assessorand the petition be (approved--approved in part--denied) with an abatement/refund as follows:

______ ______________ _______________ ______ ________________ _______________Year Assessed Value Taxes Abate/Refund Year Assessed Value Taxes Abate/Refund

____________________________________________Chairperson of the Board of County Commissioners’ Signature

I, _______________________________County Clerk and Ex-officio Clerk of the Board of County Commissionersin and for the aforementioned county, do hereby certify that the above and foregoing order is truly copied from the record of the proceedings of the Board of County Commissioners.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County this ___________ day of__________________, _________.

Month Year ____________________________________________County Clerk’s or Deputy County Clerk’s Signature

Note: Abatements greater than $10,000 per schedule, per year, must be submitted in duplicate to the Property Tax Administrator for review.

Section V: Action of the Property Tax Administrator(For all abatements greater than $10,000)

The action of the Board of County Commissioners, relative to this abatement petition, is herebyApproved Approved in part $___________________ Denied for the following reason(s):

____________________________________ _____________________________ __________Secretary’s Signature Property Tax Administrator’s Signature Date

15-DPT-AR No. 920-66/16

Boulder

Cynthia Braddock

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LEASE ACCOUNT ABATEMENT SPREADSHEET

ID OWNERP0404067 GE HFS LLC

Reason:

Tax Year2020

Tax Area Mill Levy Original Actual Original AssesseOriginal Taxes10 0.087045 $21,696 $6,292 $547.6790 0.093584 $32,790 $9,509 $889.90

127 0.153894 $9,791 $2,839 $436.97680 0.097139 $686,509 $199,088 $19,339.17

$0 $0.00$0 $0.00$0 $0.00$0 $0.00$0 $0.00$0 $0.00$0 $0.00$0 $0.00

Approved: Cynthia Braddock 6.11.2021

Protest worked in error, not removed from assessor database before taxroll

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Appraiser: ARMReview Date: 6/9/2021

New Actual New Assessed New Taxes Difference$96,371 $27,948 $2,432.73 $1,885.06$41,082 $11,914 $1,114.94 $225.04$4,896 $1,420 $218.50 ($218.46)$2,220 $644 $62.54 ($19,276.63)

$0 $0.00 $0.00$0 $0.00 $0.00$0 $0.00 $0.00$0 $0.00 $0.00$0 $0.00 $0.00$0 $0.00 $0.00$0 $0.00 $0.00$0 $0.00 $0.00

TOTAL CHANGE IN TAXES

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($17,384.99)

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Certificate Of CompletionEnvelope Id: 45AFCA7CFF304AF7824BCE7806448999 Status: CompletedSubject: Please DocuSign: P0404067_abatement_2020_final.pdfType of Document: OtherDepartment/Office: Assessors OfficeSource Envelope: Document Pages: 6 Signatures: 1 Envelope Originator: Certificate Pages: 1 Initials: 0 Shannon FletcherAutoNav: EnabledEnvelopeId Stamping: EnabledTime Zone: (UTC-07:00) Mountain Time (US & Canada)

2025 14th StBoulder, CO [email protected] Address: 73.243.10.132

Record TrackingStatus: Original 6/15/2021 9:24:30 AM

Holder: Shannon Fletcher [email protected]

Location: DocuSign

Signer Events Signature TimestampCynthia [email protected] CountySecurity Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected StyleUsing IP Address: 76.25.83.82

Sent: 6/15/2021 9:25:36 AMViewed: 6/15/2021 9:39:40 AM Signed: 6/15/2021 9:39:54 AM

Electronic Record and Signature Disclosure: Not Offered via DocuSign

In Person Signer Events Signature Timestamp

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp

Carbon Copy Events Status Timestamp

Witness Events Signature Timestamp

Notary Events Signature Timestamp

Envelope Summary Events Status TimestampsEnvelope Sent Hashed/Encrypted 6/15/2021 9:25:36 AMCertified Delivered Security Checked 6/15/2021 9:39:40 AMSigning Complete Security Checked 6/15/2021 9:39:54 AMCompleted Security Checked 6/15/2021 9:39:54 AM

Payment Events Status Timestamps

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RECEIVED

Appeals Coordinator


By Boulder County Assessor at 9:56 am, Mar 09, 2021

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Tax Year __________ Tax Year __________


Original ________________ ________________ ______________ _________________ ________________ ______________

Corrected ________________ ________________ ______________ _________________ ________________ ______________

Abate/Refund ________________ ________________ ______________ _________________ ________________ ______________



















15-DPT-AR No. 920-66/16

Boulder

Cynthia Braddock

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WSP USA INC.Boulder, CORevised Property Listing

COMPANYCOSTCENTER

ASSETACCOUNT ASSET ACCT DESCRIPTION ACCUM. DEPR. ACCT DESCRIPTION

DATEPLACE INSERVICE

DEPR.METHOD LIFE (YR.MO) COST

002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 7 Apr 16 STL 7.04 1,552.60002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 18 Apr 16 STL 7.04 3,446.67002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 25 May 16 STL 7.03 2,594.06002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 13 Jun 16 STL 7.06 2,652.51002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 15 Jul 16 STL 7.05 47,324.02002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 22 Jul 16 STL 7.05 4,056.99002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 15 Aug 16 STL 7.04 173,394.23002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 15 Aug 16 STL 7.04 154,343.07002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 15 Aug 16 STL 7.04 7,350.34002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 18 Aug 16 STL 7.04 5,726.01002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 15 Sep 16 STL 7.03 51.73002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 29 Sep 16 STL 7.02 7,680.77002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 21 Nov 16 STL 5.11 1,907.38002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 9 Dec 16 STL 5.1 16,823.83002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 22 Mar 17 STL 4.09 49,194.85002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 22 Jun 17 STL 4.06 (59,448.92)TOTAL LEASEHOLD IMPROVEMENTS 418,650.14002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 5 Mar 10 PB 6YR 6002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 21 May 10 PB 6YR 6002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 8 Feb 11 PB 6YR 6002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 23 Mar 11 PB 6YR 6002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 29 Aug 12 PB 6YR 6 2,684.41002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 12 Mar 13 PB 6YR 6002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Apr 13 PB 6YR 6002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 1 Mar 14 PB 6YR 6 1,517.06002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 3 Jun 14 PB 6YR 6 1,889.57002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 9 Jan 15 PB 6YR 6 144.82002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 9 Jan 15 PB 6YR 6 1,600.00002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 9 Jan 15 PB 6YR 6 5,574.78002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 14 Sep 15 PB 6YR 6 54.82002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 14 Sep 15 PB 6YR 6 1,485.11002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 6,783.84002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 3,327.99002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 7,893.72002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 13,306.89002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 8,700.93002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 1,190.44002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 4,541.58002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 1,604.93002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 1,847.61002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 2,928.19002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 1,964.17002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Aug 16 PB 6YR 6 7,420.28002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 19 Sep 16 PB 6YR 6 1,201.79002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 21 Sep 16 PB 6YR 6 1,648.75002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 21 Sep 16 PB 6YR 6 1,339.67002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 20 Jan 17 PB 6YR 6 4,474.00002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 20 Jan 17 PB 6YR 6 1,726.68002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 21 Feb 17 PB 6YR 6 1,534.24002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 17 Feb 17 PB 6YR 6 1,400.64002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 18 Mar 17 PB 6YR 6 1,558.54002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 30 Jul 17 PB 6YR 6 1,316.32002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 29 Jan 18 PB 6YR 6 1,584.85002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 16 Mar 18 PB 6YR 6 1,436.62002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 29 Mar 18 PB 6YR 6 1,977.25002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 31 Jul 18 PB 6YR 6 1,519.74002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 24 Aug 18 PB 6YR 6 1,309.02002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 30 Oct 18 PB 6YR 6 1,814.30002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 27 Nov 18 PB 6YR 6 2,327.86002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 31 Dec 18 PB 6YR 6 2,368.73002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 1 Mar 19 PB 6YR 6 1,590.00002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 26 Mar 19 PB 6YR 6 2,369.47002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 16 Apr 19 PB 6YR 6 1,462.05002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 16 Apr 19 PB 6YR 6 1,436.85002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 20 May 19 PB 6YR 6 1,802.17002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 30 May 19 PB 6YR 6 1,589.73002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 21 Nov 19 PB 6YR 6 1,506.58002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 19 Dec 19 PB 6YR 6 1,517.62002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 19 Dec 19 PB 6YR 6 1,518.57TOTAL COMPUTER EQUIPMENT 121,793.18002 7334 173205 COMPUTER SOFTWARE RES DEPR COMP SOFTWARE 11 Nov 10 PB 3 YR 3 6,858.58002 7334 173205 COMPUTER SOFTWARE RES DEPR COMP SOFTWARE 27 Aug 12 PB 3 YR 3 2,376.15002 7334 173205 COMPUTER SOFTWARE RES DEPR COMP SOFTWARE 19 Jan 15 PB 3 YR 3 4,600.00TOTAL COMPUTER SOFTWARE 13,834.73002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 11 Apr 09 PB 8YR 8002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 31 Mar 11 PB 8YR 8 4,986.32002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 19 Apr 12 PB 8YR 8 2,618.12002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 14 May 12 PB 8YR 8 2,618.12002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 18 Aug 16 PB 8YR 8 73,282.44002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 18 Aug 16 PB 8YR 8 4,615.02002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 18 Aug 16 PB 8YR 8 38,933.88002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 24 Aug 16 PB 8YR 8 3,875.77002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 24 Oct 16 PB 8YR 8 21,000.00002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 24 Oct 16 PB 8YR 8 14,886.59002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 23 Feb 17 PB 8YR 8 5,005.16002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 22 Apr 19 PB 8YR 8 1,507.32002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 26 Aug 19 PB 8YR 8 12,024.50TOTAL FURNITURE & FIXTURES 185,353.24002 7334 171205 OFFICE EQUIPMENT RESERVE DEPRECIATION OFFICE EQUIPMENT 22 Jun 16 PB 6YR 6 30,186.63002 7334 171205 OFFICE EQUIPMENT RESERVE DEPRECIATION OFFICE EQUIPMENT 24 Aug 16 PB 6YR 6 26,785.23002 7334 171205 OFFICE EQUIPMENT RESERVE DEPRECIATION OFFICE EQUIPMENT 19 Sep 16 PB 6YR 6 40,248.85002 7334 171205 OFFICE EQUIPMENT RESERVE DEPRECIATION OFFICE EQUIPMENT 31 May 18 PB 6YR 6 1,021.32TOTAL OFFICE EQUIPMENT 98,242.03

837,873.32$

Prior Listing 2,316,900.89Correct Boulder,Colorado Listing 837,873.32Assessment Overstated by 1,479,027.57$

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WSP USA INC.Boulder, CORevised Property Listing

COMPANYCOSTCENTER

ASSETACCOUNT ASSET ACCT DESCRIPTION ACCUM. DEPR. ACCT DESCRIPTION

DATEPLACE INSERVICE

DEPR.METHOD LIFE (YR.MO) COST

002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 7 Apr 16 STL 7.04 1,552.60002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 18 Apr 16 STL 7.04 3,446.67002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 25 May 16 STL 7.03 2,594.06002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 13 Jun 16 STL 7.06 2,652.51002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 15 Jul 16 STL 7.05 47,324.02002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 22 Jul 16 STL 7.05 4,056.99002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 15 Aug 16 STL 7.04 173,394.23002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 15 Aug 16 STL 7.04 154,343.07002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 15 Aug 16 STL 7.04 7,350.34002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 18 Aug 16 STL 7.04 5,726.01002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 15 Sep 16 STL 7.03 51.73002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 29 Sep 16 STL 7.02 7,680.77002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 21 Nov 16 STL 5.11 1,907.38002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 9 Dec 16 STL 5.1 16,823.83002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 22 Mar 17 STL 4.09 49,194.85002 7334 177201 LEASEHOLD IMPROVEMENTS COSTS RESERVE LEASEHOLD IMP 22 Jun 17 STL 4.06 (59,448.92)TOTAL LEASEHOLD IMPROVEMENTS 418,650.14002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 5 Mar 10 PB 6YR 6002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 21 May 10 PB 6YR 6002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 8 Feb 11 PB 6YR 6002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 23 Mar 11 PB 6YR 6002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 29 Aug 12 PB 6YR 6 2,684.41002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 12 Mar 13 PB 6YR 6002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Apr 13 PB 6YR 6002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 1 Mar 14 PB 6YR 6 1,517.06002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 3 Jun 14 PB 6YR 6 1,889.57002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 9 Jan 15 PB 6YR 6 144.82002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 9 Jan 15 PB 6YR 6 1,600.00002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 9 Jan 15 PB 6YR 6 5,574.78002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 14 Sep 15 PB 6YR 6 54.82002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 14 Sep 15 PB 6YR 6 1,485.11002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 6,783.84002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 3,327.99002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 7,893.72002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 13,306.89002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 8,700.93002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 1,190.44002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 4,541.58002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 1,604.93002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 1,847.61002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 2,928.19002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Jul 16 PB 6YR 6 1,964.17002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 22 Aug 16 PB 6YR 6 7,420.28002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 19 Sep 16 PB 6YR 6 1,201.79002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 21 Sep 16 PB 6YR 6 1,648.75002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 21 Sep 16 PB 6YR 6 1,339.67002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 20 Jan 17 PB 6YR 6 4,474.00002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 20 Jan 17 PB 6YR 6 1,726.68002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 21 Feb 17 PB 6YR 6 1,534.24002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 17 Feb 17 PB 6YR 6 1,400.64002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 18 Mar 17 PB 6YR 6 1,558.54002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 30 Jul 17 PB 6YR 6 1,316.32002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 29 Jan 18 PB 6YR 6 1,584.85002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 16 Mar 18 PB 6YR 6 1,436.62002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 29 Mar 18 PB 6YR 6 1,977.25002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 31 Jul 18 PB 6YR 6 1,519.74002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 24 Aug 18 PB 6YR 6 1,309.02002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 30 Oct 18 PB 6YR 6 1,814.30002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 27 Nov 18 PB 6YR 6 2,327.86002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 31 Dec 18 PB 6YR 6 2,368.73002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 1 Mar 19 PB 6YR 6 1,590.00002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 26 Mar 19 PB 6YR 6 2,369.47002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 16 Apr 19 PB 6YR 6 1,462.05002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 16 Apr 19 PB 6YR 6 1,436.85002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 20 May 19 PB 6YR 6 1,802.17002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 30 May 19 PB 6YR 6 1,589.73002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 21 Nov 19 PB 6YR 6 1,506.58002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 19 Dec 19 PB 6YR 6 1,517.62002 7334 173105 COMPUTER EQUIPMENT RES DEPR COMP HARDWARE 19 Dec 19 PB 6YR 6 1,518.57TOTAL COMPUTER EQUIPMENT 121,793.18002 7334 173205 COMPUTER SOFTWARE RES DEPR COMP SOFTWARE 11 Nov 10 PB 3 YR 3 6,858.58002 7334 173205 COMPUTER SOFTWARE RES DEPR COMP SOFTWARE 27 Aug 12 PB 3 YR 3 2,376.15002 7334 173205 COMPUTER SOFTWARE RES DEPR COMP SOFTWARE 19 Jan 15 PB 3 YR 3 4,600.00TOTAL COMPUTER SOFTWARE 13,834.73002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 11 Apr 09 PB 8YR 8002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 31 Mar 11 PB 8YR 8 4,986.32002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 19 Apr 12 PB 8YR 8 2,618.12002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 14 May 12 PB 8YR 8 2,618.12002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 18 Aug 16 PB 8YR 8 73,282.44002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 18 Aug 16 PB 8YR 8 4,615.02002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 18 Aug 16 PB 8YR 8 38,933.88002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 24 Aug 16 PB 8YR 8 3,875.77002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 24 Oct 16 PB 8YR 8 21,000.00002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 24 Oct 16 PB 8YR 8 14,886.59002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 23 Feb 17 PB 8YR 8 5,005.16002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 22 Apr 19 PB 8YR 8 1,507.32002 7334 171005 FURNITURE FIXTURES & EQUIP RESERVE DEPRECIATION FFE 26 Aug 19 PB 8YR 8 12,024.50TOTAL FURNITURE & FIXTURES 185,353.24002 7334 171205 OFFICE EQUIPMENT RESERVE DEPRECIATION OFFICE EQUIPMENT 22 Jun 16 PB 6YR 6 30,186.63002 7334 171205 OFFICE EQUIPMENT RESERVE DEPRECIATION OFFICE EQUIPMENT 24 Aug 16 PB 6YR 6 26,785.23002 7334 171205 OFFICE EQUIPMENT RESERVE DEPRECIATION OFFICE EQUIPMENT 19 Sep 16 PB 6YR 6 40,248.85002 7334 171205 OFFICE EQUIPMENT RESERVE DEPRECIATION OFFICE EQUIPMENT 31 May 18 PB 6YR 6 1,021.32TOTAL OFFICE EQUIPMENT 98,242.03

837,873.32$

Prior Listing 2,316,900.89Correct Boulder,Colorado Listing 837,873.32Assessment Overstated by 1,479,027.57$

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Certificate Of CompletionEnvelope Id: 12DEBB293B72404F9F2E119AC6CC1F34 Status: CompletedSubject: Please DocuSign: P0404338_abatement_2020_final.pdfType of Document: OtherDepartment/Office: Assessors OfficeSource Envelope: Document Pages: 9 Signatures: 1 Envelope Originator: Certificate Pages: 1 Initials: 0 Shannon FletcherAutoNav: EnabledEnvelopeId Stamping: EnabledTime Zone: (UTC-07:00) Mountain Time (US & Canada)




Location: DocuSign















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RECEIVED

Appeals Coordinator


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Tax Year __________ Tax Year __________


Original ________________ ________________ ______________ _________________ ________________ ______________

Corrected ________________ ________________ ______________ _________________ ________________ ______________

Abate/Refund ________________ ________________ ______________ _________________ ________________ ______________



















15-DPT-AR No. 920-66/16

Boulder

Cynthia Braddock

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ABATEMENT STIPULATION TAX YEAR 2019

ACTUAL VALUE

ABATEMENT STIPULATION Page 1 of 2Account Number: R0607760

,

Petitioner,

vs.

BOULDER COUNTY BOARD OF COUNTY COMMISIONERS, Respondent.

This valuation is for purposes of determining a "correct" level of value for the petitioner's property for the reassessment cycle at issue. Petitioner and Respondent hereby enter into this Stipulation regarding the tax years 2019/2020 valuation of the subject property,

Petitioner and Respondent agree and stipulate as follows:

The property subject to this Stipulation is described as:2940 18TH ST BOULDER, CO

The subject property is classified as LAND .

After a timely appeal and further review and negotiations, the parties stipulate and agree that the actual value of the subject property should be changed as follows for the above-described tax years.

ORIGINAL VALUE $1,006,000 NEW VALUE $1,006,000

1.

2.

3.

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ABATEMENT STIPULATION Page 2 of 2Account Number: R0607760

6.

4.

5.

Absent an unusual condition, this corrected value is intended to be the value for both years of the appraisal cycle per C.R.S. 39-1-104(10.2). Thus the valuation of Petitioner's property for both years in the reassessment cycle should be the same, absent statutory exceptions.

Petitioner agrees, as result of this Stipulation, to waive the right to file a protest or otherwise appeal the valuation of account # R 0607760 for the tax year(s) c overed by this petition.

Brief narrative as to why the reduction was made:

eclassifi to res land

Both parties agree that all future hearings scheduled or not, for this reassessment cycle, shall be vacated.

This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same agreement.

7.

8.

By: ______________________

Telephone

CYNTHIA BRADDOCKBoulder County Assessor

By: _________________________________________

Cynthia BraddockAssessorP.O. Box 471Boulder, CO 80306-0471Telephone (303) 441-3530

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Certificate Of CompletionEnvelope Id: B377D6460A95444381BF146E7672ADC0 Status: CompletedSubject: Please DocuSign: R0607760 Stipulation Letter.pdfType of Document: OtherDepartment/Office: Assessors OfficeSource Envelope: Document Pages: 2 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Katarzyna MalazdraAutoNav: EnabledEnvelopeId Stamping: EnabledTime Zone: (UTC-07:00) Mountain Time (US & Canada)


Record TrackingStatus: Original

6/2/2021 4:28:11 PMHolder: Katarzyna Malazdra

[email protected]: DocuSign

Signer Events Signature TimestampNancy M. [email protected] Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style

Using IP Address: 71.196.136.197

Sent: 6/2/2021 4:30:27 PMResent: 6/3/2021 1:03:34 PMViewed: 6/7/2021 11:16:44 AM Signed: 6/7/2021 11:20:23 AM

Electronic Record and Signature Disclosure: Accepted: 6/3/2021 11:31:42 AM ID: 5e1fc7cc-cc64-4f86-bbd8-8812f74b41e2 Company Name: Boulder County

Cynthia [email protected] CountySecurity Level: Email, Account Authentication (None)


Sent: 6/7/2021 11:20:25 AMViewed: 6/7/2021 2:31:08 PM Signed: 6/7/2021 2:31:23 PM







Carbon Copy Events Status TimestampStacey [email protected] Level: Email, Account Authentication (None)

Sent: 6/7/2021 2:31:25 PM


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Envelope Summary Events Status TimestampsEnvelope Sent Hashed/Encrypted 6/2/2021 4:30:27 PMCertified Delivered Security Checked 6/7/2021 2:31:08 PMSigning Complete Security Checked 6/7/2021 2:31:23 PMCompleted Security Checked 6/7/2021 2:31:25 PM


Electronic Record and Signature Disclosure

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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE

From time to time, Boulder County (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies

At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent

If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind

If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically

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Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Boulder County:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:To contact us by email send messages to: [email protected]

To advise Boulder County of your new email address

To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from Boulder County

To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Boulder County

To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

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i. decline to sign a document from within your signing session, and on the subsequent page,select the check-box indicating you wish to withdraw your consent, or you may;

ii. send us an email to [email protected] and in the body of such request you must stateyour email, full name, mailing address, and telephone number. We do not need any otherinformation from you to withdraw consent.. The consequences of your withdrawing consent foronline documents will be that transactions may take a longer time to process..

Required hardware and software

The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide-signing-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically

To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:

You can access and read this Electronic Record and Signature Disclosure; andYou can print on paper this Electronic Record and Signature Disclosure, or save or sendthis Electronic Record and Disclosure to a location where you can print it, for futurereference and access; andUntil or unless you notify Boulder County as described above, you consent to receiveexclusively through electronic means all notices, disclosures, authorizations,acknowledgements, and other documents that are required to be provided or madeavailable to you by Boulder County during the course of your relationship with BoulderCounty.

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Certificate Of CompletionEnvelope Id: 4BCFEA902C494191847A10791D5E5B2A Status: CompletedSubject: Please DocuSign: R0607760_Abatement_2019_2020_final.pdfType of Document: OtherDepartment/Office: Assessors OfficeSource Envelope: Document Pages: 11 Signatures: 1 Envelope Originator: Certificate Pages: 1 Initials: 0 Shannon FletcherAutoNav: EnabledEnvelopeId Stamping: EnabledTime Zone: (UTC-07:00) Mountain Time (US & Canada)




Location: DocuSign















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1

Contract

DETAILS SUMMARY Document Type New Contract

OFS Number-Version 301277-1 County Contact Information

Boulder County Legal Entity Boulder County Department Clerk and Recorder

Division/Program Elections Mailing Address 1750 33rd Street, Boulder, CO, 80301

Contract Contact – Name, email Ravyn Wayne, [email protected] Invoice Contact – Name, email Ravyn Wayne, [email protected]

Contractor Contact Information Contractor Name Runbeck Election Services, Inc

Contractor Mailing Address 2800 S. 36th Street, Phoenix, AZ 85034 Contact 1- Name, title, email Kabir Chopra, Director of Sales, [email protected] Contact 2- Name, title, email

Contract Term Start Date 06/22/2021

Expiration Date 06/22/2026 Final End Date

Contract Amount Contract Amount $329,750.00

Fixed Price or Not-to-Exceed? Fixed Price Brief Description of Work Purchase, installation and training for mail ballot sorter Contract Documents Exhibit A – Equipment List and Prices Exhibit B – Software License Exhibit C – Equipment Maintenance and Support Services Exhibit D – Invoice Schedule Exhibit E - Specifications Purchasing Details – County Internal Use Only

Grant funded? No Bid Number Award Date

If no Bid No., bid process used Bid process waived (waiver attached) COVID-19 NO

Project # Purchasing Notes

(optional)

Contract Notes Additional information not included above Exhibits A-D are part of the contract terms document Signed Bid Waiver attached as supporting document

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SALE AND PURCHASE AGREEMENT

THIS SALE AND PURCHASE AGREEMENT (“Agreement”) is made as of the date of full execution, by and between Boulder County, a governmental subdivision of the State of Colorado, for the benefit of the Boulder County Clerk and Recorder (“Client”), and RUNBECK ELECTION SERVICES, INC., an Arizona corporation, whose address is 2800 S. 36th Street, Phoenix, AZ 85034 (“Runbeck”) (each a “Party” and collectively, the “Parties”).

RECITALS

1. In connection with its elections responsibilities, Client desires to purchase from Runbeck election management equipment (“Equipment”); and to obtain from Runbeck a license to use accompanying software (“Software”) to operate the Equipment.

2. Runbeck desires to sell the Equipment and grant a license to use the software to Client on the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the foregoing, the mutual covenants contained herein and other good and valuable consideration, the Parties agree as follows:

AGREEMENTS

1. Sale of Equipment

Runbeck hereby sells, and Client hereby purchases, the Equipment, including hardware components and accessories, as specifically set forth in the Equipment Description attached hereto as Exhibit “A”.

2. Grant of Software License; Annual License Fees; Restrictions

Subject to the Client’s ongoing obligations under this Agreement, Client has been granted an irrevocable, non-exclusive right and license to install, display and use the software necessary for operation of the Equipment (“Software”) for the term described in, and in accordance with the express terms of, the Software License attached hereto as Exhibit “B”. Title to and ownership of the Software shall at all times

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remain with Runbeck and neither Client, nor its affiliates, agents or employees, will reverse engineer or reverse compile any part of the Software without Runbeck’s prior written consent. Client shall pay Runbeck an annual License and Support Fee for the Software, as specifically set forth in Exhibit “D”. The Annual License and Support Fee for the first year of this Agreement is included in the purchase price of the Equipment. All subsequent payments of this Fee shall be made on each successive yearly anniversary date of delivery of the Equipment to the Client, as specifically set forth in Exhibit “D”. The purchase price of the Equipment will become due and payable upon Acceptance of the Equipment and Software by Client as set forth in section 47 of the Agreement.

3. Equipment Maintenance and Support Services; Annual Equipment Maintenance and Support Services Fee

Runbeck shall provide those Equipment maintenance support services that are specifically set forth in the Equipment Maintenance and Support Services Schedule attached hereto as Exhibit “C”. Client shall pay Runbeck an annual License and Support Fee for the Equipment, as specifically set forth in Exhibit “D”. The Annual License and Support Fee for the first year of this Agreement is included in the purchase price of the Equipment. All subsequent payments of this Fee shall be made on each successive yearly anniversary date of delivery of the Equipment to the Client, as specifically set forth in Exhibit “D”.

4. Availability and Retention of Records

All records relating to the products and services provided under this Agreement and supporting documentation for invoices submitted to Client by Runbeck shall be retained and made available by Runbeck for audit by Client, its duly authorized representatives, the State of Colorado (including, but not limited to, the Auditor of the State of Colorado, Inspector General or duly appointed law enforcement officials) and agencies of the United States government. Such records shall be retained by Runbeck and made available for any time period required by state or federal law.

5. Assignment

The Parties expressly agree that neither shall assign this Agreement without the prior written consent of the other. Runbeck may subcontract services agreed to in this Agreement, but only with the written consent of the Client. All subcontracts are subject to the same terms, conditions, and covenants contained within this Agreement.

6. Governing Law

This Agreement shall be governed, construed, and enforced under the laws of Colorado, notwithstanding any conflicts of laws provisions. Any legal action brought pursuant to this Agreement shall be filed in the courts of Colorado.

7. Integration and Modification

This Agreement, including exhibits, each of which is expressly incorporated herein as the Agreement Documents, embodies the entire agreement of the Parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications,

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representations or contracts, either written or oral, between the Parties relating solely to this Agreement. This Agreement shall not be modified in any manner except by an instrument, in writing, executed by the Parties to this Agreement

8. Severability

If any term or provision of this Agreement shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law.

9. Appropriations

Client represents and covenants that (i) it has, and will have, funds available to pay the purchase price for the Equipment, Annual Software License Fees, Annual Equipment Maintenance Fees and other financial obligations under this Agreement, including all exhibits hereto, through the end of Client’s current fiscal period; and (ii) that it shall use its best efforts to obtain funds to pay any of the foregoing financial obligations for each subsequent fiscal year of the five (5) year term of the Agreement. In the event Client’s appropriations request to its legislative body or funding authority for necessary funds hereunder is denied, this Agreement, and all exhibits, may be terminated by Client pursuant to section 26(b). Client shall make payment of all charges and obligations incurred through the end of the fiscal period for which funds were appropriated. In any such event, Client shall thereupon return to Runbeck all Software and other Runbeck property in its possession.

10. Compliance

Runbeck agrees to comply with all applicable federal, state, and local laws in the conduct of work hereunder. Runbeck accepts full responsibility for payment of all taxes including, without limitation, unemployment compensation, insurance premiums, income tax deductions, social security deductions, and all other taxes or payroll deductions required for all employees engaged by Runbeck in the performance of work under this Agreement.

11. Non-Discrimination

Runbeck certifies it is an equal opportunity employer and shall remain in compliance with state and federal civil rights and nondiscrimination laws and regulations including, but not limited to, Title VI, and Title VII of the Civil Rights Act of 1964 as amended, the Rehabilitation Act of 1973, the Americans with Disabilities Act, the Age Discrimination Act of 1975 and the Age Discrimination in Employment Act, as amended.

During the performance of this Agreement, Runbeck will not discriminate against any employee, contract worker, or applicant for employment because of race, color, religion, sex, sexual orientation, national origin, ancestry, disability, Vietnam-era veteran status, age, political belief or place of birth. Runbeck will take affirmative action to ensure that during employment, all employees are treated without regard to race, color, religion, sex, national origin, ancestry, disability, Vietnam-era veteran status, age, political belief or place of birth. These provisions apply also to contract workers, such action shall include, but is not limited to, the following: employment, upgrading,

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demotion or transfer; recruitment or recruitment advertising, layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Runbeck agrees to post in conspicuous places, available to employees and applicants for employment, notices stating Runbeck complies with all applicable federal and state non-discrimination laws.

Runbeck, or any person claiming through Runbeck, agrees not to establish or knowingly permit any such practice or practices of discrimination or segregation in reference to anything relating to this Agreement, or in reference to any contractors or subcontractors of said Runbeck.

12. Independent Relationship

Nothing in this Agreement is intended to, nor shall be deemed to, create a partnership, association or joint venture between Client and Runbeck in the conduct of the provisions of this Agreement. Runbeck shall at all times have the status of an independent contractor.

13. Waiver

Any waiver by either party of any right, provision or condition under this Agreement shall not be construed or deemed to be a waiver of any other right, provision or condition of this Agreement, nor a waiver of a subsequent breach of the same right, provision or condition. All remedies available to a Party in this Agreement are cumulative and in addition to every other remedy provided by law.

14. Confidential Information

Subject to the provisions of Section 21 Runbeck shall not, beginning on the date of first association or communication between the Client and Runbeck and continuing through the term of this Agreement and thereafter, disclose, communicate or divulge to another, or use for Runbeck’s own benefit or the benefit of another, any such Confidential Information without the prior written consent of the Client.

15. Risk of Loss

Runbeck agrees to bear all risk of loss, injury, or destruction of goods and materials, including Equipment, ordered as a result of this Agreement which occurs prior to delivery to the Client. Upon delivery by Runbeck to the Client, and Client taking possession of such goods and materials, including Equipment, Client agrees to bear all risk of loss, injury, or destruction of same. Runbeck’s invoices will conform to the reasonable requirements of the Client.

16. Warranty

Runbeck warrants and represents that services provided pursuant to this Agreement, and the Agreement Documents, shall be timely performed in a professional manner in accordance with applicable industry standards; and that Runbeck has the requisite ownership, authority and license rights to furnish Software provided to Client in connection with this Agreement.

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Runbeck warrants and represents that Equipment shall be free from any defects in material or workmanship for a period of one (1) year after installation; and Software shall be free from any defects in material or workmanship for a period of one (1) year after installation (collectively, the "Warranty Periods"); provided, however, that if the manufacturer’s warranty extends beyond one (1) year for any part, product, or service item, the longer warranty shall apply. This warranty extends to i) any defect reported during the Warranty Periods but not corrected; ii) any defect reported and thought to be corrected but that reoccurs outside of the Warranty Periods; iii) any defect misdiagnosed during the Warranty Periods and discovered to reoccur outside of the Warranty Periods; and iv) any defect discovered after the Warranty Periods but which can be documented to have started during the Warranty Periods. Runbeck agrees to a one-day grace period beyond the end of the Warranty Periods for notification purposes for defects discovered during the Warranty Periods. Runbeck shall, at its own election and expense, either repair or replace any component which Client discovers to be defective in material or workmanship, provided that Client has furnished timely written notice to Runbeck.

EXCEPT FOR THE WARRANTIES PROVIDED HEREIN, RUNBECK HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND OR NATURE CONCERNING THE EQUIPMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

17. Limitation of Liability

Runbeck shall not be responsible for the Equipment’s or the Software’s operation or failure to operate, to the extent such operation or failure results from, arises out of, or is related to Client’s improper or negligent use or operation of the Equipment or the Software.

NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES UNLESS SUCH DAMAGES ARE CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE DEFENDING PARTY.

18. Indemnification

Runbeck will be liable for any damages to persons or property to the extent caused by or arising out of the actions, obligations, or omissions of Runbeck, its employees, agents, representatives or other persons acting under Runbeck's direction or control in performing or failing to perform the work under this Agreement. Runbeck will indemnify and hold harmless Client, its elected officials and appointed department heads, and its employees, agents and representatives (the "Client indemnified parties"), from any and all liability, claims, demands, actions, damages, losses, judgments, costs or expenses, including reasonable attorneys’ fees (“Liability”), which may be made or brought or which may result against any of the Client indemnified parties to the extent such Liability results from the actions or omissions of Runbeck, its employees, agents or representatives, or other persons acting under Runbeck’s direction or control. Client will not be obligated to indemnify or defend Runbeck under

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any circumstances. Runbeck’s obligations under this provision shall survive expiration or termination of this Agreement. Nothing contained in this Agreement or its attachments is intended to limit or restrict the indemnification rights or obligations of any Party under this provision, or damages available for breaches of the obligations herein. Runbeck further agrees to defend, indemnify and hold harmless Client indemnified parties from and against any claim, suit, demand, or action alleging the Equipment or Software, or any component thereof, infringes any copyright, trade secret, U.S. patent or any other proprietary right of any third party, and Runbeck shall indemnify Client indemnified parties against any judgment, award or amount paid in settlement to which Runbeck has agreed. Client shall provide Runbeck prompt written notice of such claim, suit, demand, or action and shall cooperate with Runbeck in the defense and settlement thereof. Runbeck shall have control of the defense of such claim, suit, demand, or action and the settlement or compromise thereof.

If a temporary or a final injunction is obtained against Client’s use of Equipment or Software by reason of an infringement of a copyright, trade secret, or other proprietary right, Runbeck will, at its option and expense, either:

1. Procure for Client the right to continue using the Equipment or Software; or

2. Replace or modify Equipment or Software, or such infringing portion thereof, so that it no longer infringes such copyright, trade secret, or other proprietary right.

19. No Third-Party Beneficiary

Enforcement of the terms of this Agreement and all rights of action relating to enforcement are strictly reserved to the Parties. Nothing contained in this Agreement allows any claim or right of action in any third person or entity. Any person or entity other than Client or Runbeck receiving services or benefits pursuant to this Agreement is an incidental beneficiary only.

20. Notices

All written notices required under this Agreement must be hand delivered, sent by overnight courier service, mailed by certified mail, return receipt requested, or mailed via United States mail, postage prepaid as follows:

By Runbeck to: Boulder County 1750 33rd St. Boulder, CO 80301 Attention: Ravyn Wayne Business Operations Manager To Runbeck: Runbeck Election Services, Inc. 2800 S. 36th Street Phoenix, Arizona 85034 Attention: Rizwan Fidai Vice President of Sales

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With a copy to: Steven H. Williams, Esq. 2323 North Central Avenue, Unit 1905 Phoenix, Arizona 85004

Notices hand delivered or sent by overnight courier are effective upon delivery; notices sent by certified mail are effective upon receipt; and notices sent by U.S. mail are effective upon the expiration of five (5) mail delivery days from deposit (postmarked) with the U.S. Postal Service.

21. Runbeck’s Confidential Information

Runbeck represents that the Software and related documentation provided under this Agreement, including, but not limited to, the Source Code, the software design, structure and organization, the user interface and the engineering know-how implemented in the software (collectively “Runbeck Confidential Information”) constitute the valuable properties and trade secrets of Runbeck, embodying substantial creative efforts which are secret, confidential, and not generally known by the public. Client agrees to hold Runbeck’s Confidential Information, including any copies thereof and any documentation related thereto, in strict confidence and to not permit any unauthorized person or entity to obtain access to it to the extent permitted under applicable law. Within this context, Client agrees not to disseminate, transmit, license, sublicense, assign, lease, release, publish, post on the internet, transfer, sell, permit access to, distribute, allow interactive rights to, or otherwise make available Runbeck Confidential Information or any part thereof to any other party in any form of media for any purpose other than performing its obligations under this Agreement. Client further agrees not to disclose or distribute to any other party, in whole or in part, Runbeck Confidential Information without written consent from Runbeck. Notwithstanding anything contained herein, Client may disclose records as required by the Colorado Open Records Act, C.R.S. § 24-72-200.1, et seq. (CORA), as determined by the Boulder County Attorney’s Office. Under CORA, the custodian of record is required to deny access to "[t]rade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data." C.R.S. § 24-72-204(3)(a)(IV). Trade secrets shall not be disclosed, as determined by Client pursuant to CORA. Client will provide prompt notice of any CORA request for which Runbeck Confidential Information constitutes responsive records, so as to allow Runbeck the opportunity to assert any privileges available. If Runbeck timely asserts that any records, including some or all of this Agreement, meets the statutory requirements under CORA of one or more exemptions to disclosure and wishes that an exemption be asserted to prevent public disclosure of any Runbeck Confidential Information, Runbeck will (a) immediately notify Client of its assertion, (b) identify with adequate specificity the records to which it asserts an exemption applies and the basis for such assertion (citing the applicable CORA exemption(s)), and (c) as commercially practical, mark with the words “DISCLOSURE EXEMPT” all records containing Runbeck Confidential Information that it desires not be publicly disclosed. Runbeck shall have the opportunity to pursue a protective order through any legal means, provided they give notice to Client, subject to CORA’s disclosure deadlines.

22. No Construction Against Drafting Party

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The Parties and their respective counsel have had the opportunity to review this Agreement, and the Agreement will not be construed against any party merely because this Agreement was prepared by a particular party.

23. Successors and Assigns

The rights and obligations of the Parties herein set forth shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns permitted under this Agreement.

24. Time is of the Essence

The Parties agree that in the performance of the terms of this Agreement, time shall be of the essence, it being understood by the Parties that the Equipment and its components, and Runbeck’s services related thereto, are essential to the Client’s ability to conduct statewide and local elections.

25. Attorneys’ Fees

In the event of a litigation action to enforce, or arising from, the terms of this Agreement, the prevailing party in such action shall be entitled to recover from the non-prevailing party its reasonable attorneys’ fees and costs incurred in the action.

26. Term and Renewal; Termination

The term of the Software License and the Equipment Maintenance and Support Services provisions shall commence on the date of delivery of the Equipment to the Client and expires after five (5) years (the “Expiration Date”), unless terminated sooner (the “Agreement Term”).

a. Breach: Either Party’s failure to perform any of its material obligations under this Agreement, in whole or in part or in a timely or satisfactory manner, will be a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Runbeck, or the appointment of a receiver or similar officer for Runbeck or any of its property, which is not vacated or fully stayed within thirty (30) days after the institution of such proceeding, will also constitute a breach. In the event of a breach, the non-breaching Party may provide written notice of the breach to the other Party. If the breaching Party does not cure the breach, at its sole expense, as reasonably determined by the non-breaching Party, within thirty (30) days after delivery of notice, the non-breaching Party may exercise any of its remedies provided under this Agreement or at law, including termination of this Agreement. In the event that Client terminates this Agreement pursuant to Runbeck breach, Client shall be entitled to a prorated refund of its annual feeds for the then-current year.

The Parties acknowledge that the Services performed by Runbeck hereunder are critical to the operations of Client. Subject to the terms of Section 26, in the event Client commits a material breach of its obligations under this Agreement or any Agreement Documents, including a failure to timely pay any license or maintenance fees, and Client fails to cure the breach within thirty (30) days after receiving notice thereof, Runbeck may terminate this Agreement effective upon delivery of written notice to

8.b

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Client. In any such event, Client shall thereupon return to Runbeck all Software and other Runbeck property in its possession. 27. Transition Services

In the event of termination or expiration of this Agreement, Runbeck agrees, subject to good faith negotiations and upon execution of a mutually agreeable amendment, to provide Client, as reasonably requested, extended services under this Agreement for such period beyond the Agreement expiration or termination date as necessary to afford Client with a continuous supply of the services as needed by Client to transition to a new system, consistent with the terms of this Agreement and subject to Runbeck’s then-current market rates, which shall be reasonable, plus applicable expenses. All fees associated with such an amendment shall be billable upon full execution of the amendment. 28. Remedies for Non-Performance

If Runbeck fails to perform any of its obligations under this Agreement, Client may, at its sole discretion, exercise one or more of the following remedies (in addition to any other remedies provided by law or in this Agreement):

a. Suspend Performance: Client may require that Runbeck suspend performance of all or any portion of the Services pending necessary corrective action specified by the Client and without entitling Runbeck to an increase in compensation or extension of the performance schedule. Runbeck must promptly stop performance and incurring costs upon delivery of a notice of suspension by the Client.

b. Withhold Payment Pending Corrections: Client may permit Runbeck to correct any rejected services at the Client ’s discretion. Upon Client ’s request, Runbeck must correct rejected services at Runbeck’s sole expense within a mutually agreed upon time frame. Upon full and final completion of the corrections satisfactory to the Client, Client will remit payment to Runbeck.

c. Deny Payment: Client may deny payment for any services that do not comply with the requirements of the Agreement or that Runbeck otherwise fails to provide or fully and finally complete, as determined by the Client in its sole discretion. Upon Client request, Runbeck will promptly refund unused portions of any amounts prepaid by the Client with respect to such non-compliant services.

d. Removal: Upon Client’s request, Runbeck will remove any of its employees or agents from performance of the services under this Agreement, if Client, in its sole discretion, deems any such person to be incompetent, careless, unsuitable, or otherwise unacceptable. Runbeck retains the sole right to determine the employee that would replace anyone the Client requests to be removed.

29. Binding Arbitration Prohibited

Client does not agree to binding arbitration by any extra-judicial body or person.

30. Conflicts of Interest

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Runbeck may not engage in any business or personal activities or practices or maintain any relationships that conflict in any way with the full performance of Runbeck’s obligations under this Agreement.

31. Statutory Requirements

This Agreement is subject to all statutory requirements that are or may become applicable to counties or political subdivisions of the State of Colorado generally, including but not limited to: C.R.S. § 38-26-107, which requires withholding funds where the Client receives a claim for payment from a supplier or subcontractor of Runbeck upon notice of final settlement (required for public works contracts that exceed $150,000); C.R.S. § 8-17-101 et seq.; C.R.S. § 18-8-301, et seq.; and C.R.S. § 18-8-401, et seq.

32. Conflict of Provisions

If there is any conflict between the terms of the main body of this Agreement and the terms of any of the attachments, the terms of the main body of the Agreement will control.

33. Governmental Immunity

Nothing in this Agreement shall be construed in any way to be a waiver of the Client’s immunity protection under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended.

34. Representations and Warranties

Runbeck represents and warrants the following:

a. Execution of this Agreement and performance thereof is within Runbeck’s duly authorized powers;

b. The individual executing this Agreement is authorized to do so by Runbeck;

c. Runbeck is authorized to do business in the State of Colorado and is properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over the services and the Runbeck; and

d. Runbeck and its subcontractors, if any, are financially solvent, able to pay all debts as they mature, and have sufficient working capital to complete the Services and perform all obligations under the Agreement.

35. Legal Compliance

Runbeck is solely responsible for ensuring that its performance under this Agreement and the work comply with all Federal, State, and local laws, regulations, ordinances and codes. Client approval of the work or any aspect of Runbeck’s performance shall not be interpreted to mean that Runbeck has satisfied its obligations under this Section. 36. Litigation Reporting

Runbeck is not currently involved in any action before a court or other administrative decision-making body that could affect Runbeck’s ability to perform its obligations

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under this Agreement. Runbeck will promptly notify the Client if Runbeck is served with a pleading or other document in connection with any such action.

37. Tax Exemption

Client is exempt from payment of Federal, State, and local government taxes. Runbeck shall collect no tax from the Client, and the Client shall not be liable to pay any taxes imposed on Runbeck. Client shall provide its tax exemption status information to Runbeck upon request.

38. Delegation of Authority

The Parties acknowledge that the Board of County Commissioners has delegated authority to the Boulder County Clerk & Recorder and their designees to act on behalf of the Client under the terms of this Agreement, including but not limited to the authority to terminate this Agreement.

39. Ownership of Work Product

All work product, property, data, documentation, information or materials conceived, discovered, developed or created by Runbeck pursuant to this Agreement (“Work Product”) will be owned exclusively by the Client. To the extent possible, any Work Product will be deemed to be a work made for hire. Runbeck unconditionally and irrevocably transfers and assigns to the Client all right, title and interest in and to any Work Product.

40. Publicity Releases

Runbeck will not refer to this Agreement or the Client in commercial advertising without prior written consent of the Client. This provision shall survive expiration or termination of this Agreement.

41. Execution by Counterparts; Electronic Signatures

This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but all of which will constitute one agreement. The Parties approve the use of electronic signatures, governed by the Uniform Electronic Transactions Act, C.R.S. §§ 24 71.3 101 to 121. The Parties will not deny the legal effect or enforceability of this Agreement solely because it is in electronic form or because an electronic record was used in its creation. The Parties will not object to the admissibility of this Agreement in the form of electronic record, or paper copy of an electronic document, or paper copy of a document bearing an electronic signature, because it is not in its original form or is not an original.

42. Limitation on Public Statements

During the Agreement Term, Runbeck may receive from the Client its confidential data, work product, or other privileged or confidential information that is protected by law. To maintain the fact and appearance of absolute objectively, Runbeck shall not, without the prior written consent of the Client, which shall not be unreasonably withheld, do any of the following: (a) disclose information obtained because of this contractual relationship to any third party; or (b) make any public statements or appear at any time

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to give testimony at any public meeting on the subject matters regarding which Runbeck is or was retained by the Client. Client may set reasonable conditions on any disclosure authorized by the Client under this provision. Notwithstanding, Runbeck may make disclosures as required by law, and to law enforcement officials in connection with any criminal justice investigation.

43. Sustainability

Client encourages Runbeck to consider the procurement and use of environmentally preferable products and services while performing services under this Agreement. “Environmentally preferable purchasing” means making purchasing choices for products and services that have a lesser or reduced adverse effect on human health and the environment when compared with competing products and services that serve the same purpose. Environmentally preferable purchasing is consistent with the Client’s commitment to protecting our air, water, soil, and climate for current and future generations. Client encourages Runbeck to incorporate the following actions into Runbeck’s performance of the Services: environmentally preferable supplies and services; conservation of water; efficient energy use; waste prevention; reuse and recycle construction and de-construction materials in a manner that maximizes reuse of materials; sustainable transportation choices, including consideration to business communication software such as Skype alternative to air travel and public transit or carpooling for in-person meetings; pollution prevention; low toxicity for public health & safety; and reduced emissions to address climate change.

44. No Suspension or Debarment

Runbeck certifies, and warrants for the Agreement Term, that neither it nor its principals nor any of its subcontractors are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Agreement by any Federal or State department or agency. Runbeck shall comply, and shall require its subcontractors to comply, with subpart C of 2 C.F.R. § 180. 45. Disputed Fees

Notwithstanding anything contained herein, Client may withhold payment for any services that do not comply with the requirements of this Agreement. If Client believes in good faith that any invoiced or claimed amount is not owed for any reason, the undisputed portion shall be paid and Client shall notify Runbeck of such dispute within thirty (30) days. Thereafter, the Parties shall work in good faith and use commercially reasonable efforts to resolve the dispute, which in no event shall exceed ninety (90) days following notice of dispute. Client may withhold disputed amounts pending resolution of the dispute between the Parties. Pending resolution of the dispute, Runbeck agrees to diligently proceed with the performance of its obligations under this Agreement. Runbeck’s failure to diligently proceed shall be considered a material breach of this Agreement. 46. Invoicing

Runbeck will promptly provide a copy of its Form W-9 and invoice template to Client upon request. Runbeck must submit an invoice to the Client within thirty (30) days of the start of a new contract year. All invoices submitted require the following components: Runbeck’s name and address (submitted W-9 address must match remit

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address), detailed description of services, dates of services, itemization of labor and materials costs, “Bill to: Boulder County” language, payment remittance address, payer, name and address, date of invoice, unique invoice number, and total amount due. Runbeck must send all completed invoices to the Invoice Contact in the Details Summary. Client may require delivery of invoices by email. Failure to submit invoices in a timely manner and in accordance with the terms of this Agreement may cause a delay in payment. Client may recoup any damages incurred because of Runbeck’s failure to submit invoices pursuant to the terms of this paragraph. Client’s acceptance or payment of an invoice will not constitute acceptance of any Services performed under this Agreement.

47. Acceptance

Runbeck shall train Client on all material functionalities of the Equipment and Software, including hands-on training where possible. The Parties anticipate that Client training will last one (1) week. Upon completion of such training, Client shall remit 90% of the purchase price of the Equipment and Software to Runbeck. A list of deliverables, including distinct Equipment and Software functionalities, is attached as Exhibit E (the “Specifications”). Following the training period, Client shall test each of the Specifications. Except to the extent that material defects continue to exist, Client testing shall not exceed two (2) weeks. If Client identifies any defects in any Specification within the testing period, Client shall so notify Runbeck and Runbeck shall promptly work to remediate the defect. Upon satisfactory performance of each Specification, Client shall accept the Specification. Upon completion and acceptance of the final Specification, Client shall accept the Equipment and Services and remit the remaining 10% of the purchase price of the Equipment and Software to Runbeck. 48. Insurance

Prior to commencing the Services, Runbeck will provide a Certificate of Insurance to the Client demonstrating adequate insurance coverage as required by this Section. All policies evidencing coverage required by the Agreement will be issued by insurance companies satisfactory to the Client.

a. Boulder County as Additional Insured: Boulder County shall be named as an additional insured for General Liability, Umbrella/Excess Liability, and Pollution Liability, as designated in this Agreement. Additional insured shall be endorsed to the policy.

THE ADDITIONAL INSURED WORDING SHOULD BE AS FOLLOWS: County

of Boulder, State of Colorado, a body corporate and politic, is named as Additional Insured.

b. Notice of Cancellation: Each insurance policy required by this

Agreement shall provide the required coverage and shall not be suspended, voided or canceled except after thirty (30) days’ prior written notice has been given to the Client except when cancellation is for non-payment of premium, then ten (10) days’ prior notice may be given. If any insurance company refuses to provide the required notice, Runbeck or its insurance broker shall notify the Client any cancellation, suspension, or

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nonrenewal of any insurance policy within seven (7) days of receipt of insurers’ notification to that effect.

c. Insurance Obligations of Client: Client is not required to maintain or

procure any insurance coverage beyond the coverage maintained by the Client in its standard course of business. Any insurance obligations placed on the Client in any of the Agreement Documents shall be null and void.

d. Deductible: Any and all deductibles contained in any insurance policy

shall be assumed by and at the sole risk of Runbeck. e. Primacy of Coverage: Coverage required of Runbeck and its

subcontractors, if any, shall be primary over any insurance or self-insurance program carried by the Client.

f. Subrogation Waiver: All insurance policies in any way related to this

Agreement secured or maintained by Runbeck as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Client, its organizations, officers, agents, employees, and volunteers.

g. Requirements: For the entire duration of this Agreement including any

extended or renewed terms, and longer as may be required by this Agreement, Runbeck shall procure and maintain at its own expense, and without cost to the Client, the following kinds and minimum amounts of insurance to insure the liability risks that Runbeck has assumed under this Agreement:

i. Commercial General Liability This coverage should be provided on an Occurrence Form, ISO CG001 or equivalent, with Minimum limits of $1,000,000 Each Occurrence, $2,000,000 General Aggregate and $2,000,000 Products Completed Operations Aggregate.

ii. Automobile Liability Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the performance of the Agreement. Minimum limits $1,000,000 Each Accident.

iii. Workers' Compensation and Employer's Liability Workers’ Compensation must be maintained with the statutory limits. Employer's Liability is required for minimum limits of $100,000 Each Accident/$500,000 Disease-Policy Limit/$100,000 Disease-Each Employee.

iv. Professional Liability (Errors and Omissions)

Professional liability coverage with minimum limits of $1,000,000 Per Loss and $1,000,000 Aggregate. Professional Liability provisions indemnifying for loss and expense resulting from errors, omission, mistakes or malpractice is

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acceptable and may be written on a claims-made basis. The contractor warrants that any retroactive date under the policy shall precede the effective date of this Agreement; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Agreement is completed.

v. Privacy / Cyber Liability Insurance

As a provider of a service which may require the knowledge and retention of personal identifiable information including but not limited to, names, dates of birth, social security numbers, usernames, and passwords, and/or HIPAA sensitive personal information of clients served, the following minimum insurance limits are required:

Contractors with 10 or fewer County clients: $50,000 Contractors with 11 – 15 County clients: $500,000 Contractors with more than 25 County clients: $1,000,000

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IN WITNESS WHEREOF, the Parties have signed this Agreement to be effective as of the date of full execution by the Parties.

SIGNED for and on behalf of Client SIGNED for and on behalf of Runbeck

Signature: Signature:

Name: Name:

Title: Title:

Date: Date:

↓↓For Board-signed documents only↓↓

Attest: Initials

Attestor Name:

Attestor Title:

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EXHIBIT A

EQUIPMENT LIST AND PRICES

Primary location of the equipment:

Boulder County 1750 33rd St Boulder, CO 80301 Attention: Ravyn Wayne Business Operations Manager

Agilis Sorting System incorporating Auto Signature Recognition, each includes:

• Agilis Sorting System • 4 Stackers, 16 pockets • 1 Label printers • Auto Thickness Detect • Agilis Sorting Software • Auto Signature Recognition

MAINTENANCE SERVICES

Software Maintenance

• 7X24 (7 days/week; 24 hours/day) technical software support hotline during declared election cycles; all other software support will be provided during business hours: by calling 1-877-230-2737.

• Installation of all software updates • Testing and validation of all software updates • License and Support Fee

Hardware Maintenance

• 7X24 (7 days/week; 24 hours/day) technical support hotline during declared election cycles; all other software support will be provided during business hours: by calling 1-877-230-2737. .

• License and Support Fee • Client also agrees to allow Runbeck employees access to the equipment, when

requested, during normal working hours, as determined by Client.

Repair Services

During the term of the Agreement, as set forth in Section 26 thereof, should any component of the Agilis System, to include hardware and software items listed above, become damaged and require repair as a result of Client’s actions in breach of the Agreement, Client agrees to pay Runbeck a Repair Fee of $150.00 per hour.

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Election Data

At the conclusion of the election, Runbeck will provide phone assistance with the export of all election data from the Agilis Sorting System. This data will be retained by the Client. Media (DVDs, jump drives, etc.) for this data will be provided by the Client. Client is responsible for the retention of this media and data.

Training

Additional training requires an on-site support fee, indicated below.

Materials management

• Client is responsible for any pre-election inventory of Agilis Sorting System consumables.

• Client is responsible for purchasing consumables, the shipping and taxes associated with such consumables.

• Client is responsible for providing storage area that provides adequate space and maintains proper environmental conditions for stocking of supplies. Client must provide Runbeck notice of election at least 75 days in advance of 1st day that services will be required. Client is responsible for installation of consumables while operating the Agilis Sorting System during an election cycle.

On-Site Support Fees

Optional, dedicated on-site support and/or training (does not include election set-up or routine maintenance) will be billed at a rate of $1,750.00 for the first day (an 8-hour work day) and $1,500 for each additional eight-hour work day. The amount billed shall be due and payable within thirty (30) days of the invoice date. This service is subject to availability. To request on-site support, please contact the Regional Manager.

Other

Taxes

If taxes apply, they will be the sole responsibility of the Client.

Shipping Fees

Shipping fees will apply as goods may be purchased and need to be shipped to the jurisdiction. Shipping fees are the sole responsibility of the Client.

End of Contract Options – Subject to Section 26 of the Agreement, Client May:

• Renew with existing system, for which new Usage, License, Maintenance and Service agreements shall apply.

• Renew with upgrade to existing system, for which new Usage, License, Maintenance and Service agreements shall apply.

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EXHIBIT B

SOFTWARE LICENSE

1. Grant and Scope of License

A. Grant of License. Subject to Client's discharge of its material duties under this Agreement, to include the timely payment of any fees due hereunder, Runbeck hereby grants to Client an irrevocable, non-exclusive right and license to install, display and use the Software pursuant to the terms of the Agreement. For the avoidance of doubt, the license granted under this clause shall become revocable in the event that Client materially breaches this Agreement and Client fails to cure within the proscribed cure period.

B. Title. Runbeck shall at all times retain title to the Software provided by it hereunder and Runbeck does not convey any proprietary interest therein to Client.

C. Updates. For payment of the required fees by the Client as set forth herein and in the Agreement, Runbeck shall provide to Client updates of any Software licensed hereunder at no additional charge and continue to maintain the Software in accordance with the requirements of the attached Agreement as long as Client continues to pay annual license and support services fees with respect to such Software.

2. Annual License and Support Fee

A. Fees. Runbeck will invoice Client for the annual License and Support Fee (“Fee”), set forth in Exhibit “D” to the Agreement. The annual License and Support Fee for the first year of this Agreement is included in the purchase and installation price of the Equipment. All subsequent payments of this Fee shall be made annually on each successive anniversary term of the Agreement, for as long as Client continues to use referenced Software. The license for the Software entitles Client to the Warranties in Section 4 below but does not otherwise entitle Client to receive maintenance and support or updates to the Software. The annual License and Support Fee is subject to an annual adjustment not to exceed five percent (5%).

B. Invoices. Runbeck’s invoices will conform to the format requirements of the Client. Client will pay Runbeck’s valid invoices within thirty (30) days after receipt, subject to the terms of this Agreement.

3. Delivery, Installation and Acceptance

A. Estimated Shipping. Runbeck agrees to ship the Software to the location, and on or about the Estimated Shipping date, set forth in Exhibit D.

B. Installation. Runbeck agrees to install the Software ready for use and in good working order and render said Software Functional as a part of the fully

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Functional System at the applicable location as soon as practicable after delivery, but in no event more than ten (10) days after delivery.

C. Acceptance. Acceptance Testing and Acceptance of the Software as a part of the System shall be in accordance with the provisions of the attached Agreement. Payment for the equipment will be issued upon successful completion of User Acceptance Testing and Client Acceptance.

4. Training

If Client’s personnel require training in order to properly use the Software and System, Runbeck will provide such training for all users designated by Client, at a time agreed to by the Parties. All initial training by Runbeck in the proper use of the Software and System shall be at no additional charge, unless a fee for such training is otherwise agreed upon and funds appropriated and certified as available for such purposes by the Client in accordance with the Agreement.

5. Maintenance of Software; Term and Termination

A. Maintenance Services. During the term of this Agreement and subject to payment of any required fees by the Client, Runbeck agrees to provide maintenance and support services for the Software ("Maintenance Services").

i. In the event of a material defect in the Equipment or Services, Client shall notify Runbeck at 1-877-230-2737. Runbeck shall provide prompt, direct support to Client, which shall continue uninterrupted until the defect has been resolved or a temporary workaround has been identified pending final resolution. In the event of a critical defect that cannot be immediately resolved remotely, upon Client’s request Runbeck shall promptly dispatch on-site support services to Client to resolve the defect, subject to Runbeck resource availability.

B. Software Updates. Runbeck shall provide updates to the Software as they become available. Installation of Software updates will include testing and validation of the updated Software. Runbeck will provide the Client with a toll-free support hotline number that may be used to obtain assistance with the Software during the term of this Agreement, subject to payment of any required fees.

C. Term and Termination. This Agreement shall be effective as of the date of execution by the Parties and shall expire upon termination of the Agreement, unless mutually terminated earlier. The parties have the right to terminate this Agreement in accordance with Sections 9 and 26 of the Agreement.

6. Warranties A. In addition to any warranties which may be contained in the Agreement,

Runbeck provides the following warranties:

i. Non-Infringement. Runbeck warrants that Runbeck owns the Software, including all associated rights, and has the right to grant Client the licenses provided pursuant to this Agreement, free from all liens, claims,

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encumbrances, security interests and other restrictions. Runbeck warrants that the Software does not and use of the Software will not; infringe any valid patents, copyrights, trademarks, trade secrets, or other proprietary rights of any third parties.

ii. Correction of Defects. In the event of discovery of any material defect in the Software, Client agrees to provide Runbeck with sufficient detail to allow Runbeck to verify and reproduce the error, and Runbeck shall use reasonable diligence to correct such defect. Runbeck shall use its reasonable efforts to promptly respond and thereafter to diagnose and correct the material defect. Runbeck is not responsible for any error in the Software that has been modified by Client without Runbeck's prior written consent. Client’s sole remedy in the event of a breach of this warranty is to require that Runbeck correct any material defects.

iii. Performance of Services. Runbeck represents and warrants that all services provided by Runbeck to Client will be performed in a timely, competent and workmanlike manner. Runbeck further represents and warrants that it has a sufficient number of competent, qualified employees to provide the Services to support the Software.

iv. Runbeck Disclaimer of All Other Warranties. Except as otherwise expressly stated in the Agreement, Runbeck makes no representations or warranties concerning the Software. THE FOREGOING WARRANTIES ARE IN LIEU OF, AND RUNBECK HEREBY EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.

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EXHIBIT C

EQUIPMENT MAINTENANCE AND SUPPORT SERVICES

Upon payment of the required fees by Client, Runbeck shall provide Equipment maintenance and support services as set forth in this Exhibit “C”.

1. Annual Equipment Maintenance Fee

Runbeck will invoice Client for the annual License and Support Fee (“Fee”), as set forth in Exhibit “D” to the Agreement. The Fee is subject to an annual adjustment not to exceed five percent (5%). The Annual License and Support Fee for the first year of this Agreement is included in the purchase price and installation price of the Equipment. All subsequent payments of this Fee shall be made on each successive anniversary term of this Agreement.

2. Equipment Maintenance Services

For payment of the Fee, Runbeck shall perform preventative maintenance on Equipment once each year. The maintenance will be performed on a date and time that is mutually acceptable to the Parties. The maintenance performed shall be Pre-election or Post-election Maintenance as described below:

A. Pre-election Preventative Maintenance

i. Cleaning and inspection of the Equipment ii. Replacement of any worn parts that need to be replaced*

iii. Correct any hardware or software issues iv. Post maintenance testing

B. Post-election Preventative Maintenance

i. Cleaning and inspection of the Equipment ii. Replacement of any worn parts that need to be replaced*

iii. Assisting the Client with the extracting of election data and archiving such data. Archive media will be provided by the Client

iv. All systems will be properly shut down and power will be removed

* The Client is solely responsible for paying the cost (including the shipping costs and any applicable taxes) of any replacement parts and consumables that are needed for the Equipment.

Considering that multiple elections can occur in a single year and Runbeck’s on-site support resources are subject to availability, Runbeck agrees to provide training support to Client to assist Client in performing its own Pre-election and Post-election Preventative Maintenance functions as set forth above.

3. Consumables

The Client acknowledges that the Equipment includes consumable items that require replacement. The consumables include, but are not limited to, such things as

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belts, rollers and tray tags. Client shall be solely responsible for the cost (including the shipping costs and any applicable taxes) to purchase all consumables that are needed for the Equipment. The Client is responsible for installation of the consumables.

4. Additional Remote Support

Runbeck will provide the Client with a toll-free telephone number that it may use for assistance in addressing any Equipment issues that may arise or for general questions related to the use of the Equipment.

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EXHIBIT D

INVOICE SCHEDULE

Invoice To: Boulder County 1750 33rd St. Boulder, CO 80301 Attention: Ravyn Wayne Business Operations Manager

Contract Period 2021 – 2026 Estimated Ship Date TBD Actual Ship Date ______________ (to be completed by accounting)

FOR INVOICING PURPOSES:

License Fees, Maintenance and

Support Type of Service

Year 1 (2021-2022)

Year 2 (2022-2023)

Year 3 (2023-2024)

Year 4 (2024-2025)

Year 5

(2025-2026)

New Agilis Purchased $300,000

Optional Automatic Signature Recognition

(ASR) $25,000

Training (on-site 6-8 hours) $1,500

Installation $1,500

Set up and Integration Included

Shipping TBD

License and Support Fee* Included $30,000 $30,000 $30,000 $30,000

ASR Annual License Fee** Included $25,000 $25,000 $25,000 $25,000

Total $328,000 $55,000 $55,000 $55,000 $55,000

NOTES Any applicable taxes are the sole responsibility of the Client * Subject to an annual fee adjustment not to exceed five percent (5%), per Section 2 of Exhibit B. * Subject to an annual adjustment not to exceed five percent (5%), per Section 1 of Exhibit C. ** Inclusive of 500,000 clicks per year as defined in Exhibit D. *** The five (5) year term of the Software License and the Equipment Maintenance and Support Services provisions shall commence on the date of delivery of the Equipment to the Client.

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EXHIBIT E

Boulder County Agilis Acceptance Testing Specifications The following is a list of deliverables that the Agilis must perform. This list is derived from Boulder County specifications, documentation, demonstrations, discussions and written exchanges between Boulder County and Runbeck from April – June 2021.

To pass, the Agilis must perform each below deliverable without failure during the testing period.

Section A: Sorter Set-Up Requirements 1. Machine set-up (power-up/down, cleaning) 2. Maintenance and troubleshooting 3. Label printer operations

Section B: Sorter Operating Requirements

1. Date and time stamps ballot envelopes accurately 2. Captures image of entire ballot envelope upon initial sorting 3. Captures image of signature on envelope in a separate image upon initial sorting (i.e. a

“signature crop”) 4. Capable of reading barcode that contains the ballot tracking number 5. Sorts mail ballot envelopes based on a configurable sorting scheme 6. Accurately counts envelopes sorted (i.e. count in each pocket matches the count in

reports from the Agilis and matches a manual count) 7. Sorting scheme is configurable by client administrators (i.e., we can edit, test and

implement new sort schemes without vendor involvement or dependency) 8. Sorting configuration criteria includes:

a. Thickness detection setting (i.e., to aid in identifying envelopes that may have multiple ballots, materials in addition to a single ballot, or may be empty)

b. Ballot Data (i.e., after matching envelope barcode to uploaded ballot data, sort using data such as precinct-district style, accepted or challenged status)

9. Supports varied envelope batch sizes. Does not have a minimum batch size. 10. The 4 pass styles available on the Agilis successfully execute:

a. Incoming Scan i. Sorts each envelope to the expected pocket per the sort scheme

(including any pre-challenges uploaded) ii. Rejects any envelopes that are too thick or too thin (based on test

configuration) or have damaged barcodes and allows for operator to resolve and re-scan the envelope into the pass

iii. Rejects any envelopes that are not in the test election b. Incoming Sort

i. Sorts each envelope to the expected pocket per the sort scheme (including any cured envelopes)

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c. Incoming Audit i. Sorts each envelope to the expected pocket per the sort scheme.

Expected to be using the status of the envelope per Console in addition to the sorting criteria of precinct-district style.

ii. Does not allow an envelope dispositioned as GOOD to be re-run through another Audit Pass

d. Undeliverable i. Sorts each envelope to the expected pocket per the sort scheme

11. Ability to trigger the sorter to re-capture a signature image for a batch of envelopes after initial sorting

a. Scenario: A signature image is captured for an envelope upon initial sorting. In some cases, household members erroneously sign another household member’s envelope. When we identify these, we perform “a household swap” to ensure that the right voter receives vote credit and the signature is matched against the correct reference image. In these cases, we desire the sorter to re-capture the signature image from the envelope as the voter will have changed for that envelope.

12. Ability to view the details for a specific envelope (i.e., see which batches it was a part of, see the image(s))

13. Ability to re-set an envelope to “never been scanned” and have the Agilis successfully pass the envelope through a second Incoming Scan

14. Ability to continue to sort envelopes while Election Judges are working in the following scenarios:

a. Run Incoming Scans while envelopes are being dispositioned in Console in Tier 1 and Tier 2

b. Run Incoming Audits on fully dispositioned trays while envelopes are being dispositioned in Console in Tier 1 and Tier 2

c. Run ASR while envelopes are being dispositioned in Console in Tier 2 15. Ability to set-up a test election to be used for testing or training

Section C - Signature Verification (Automated and Manual) Requirements 1. Performs automated signature recognition (ASR) using configurable confidence

threshold criteria set by Boulder County a. Confirmed threshold selected is used via log file on server

2. Completes ASR using Boulder’s envelope design based upon the configured envelope signature target area (i.e., design of envelope does not cause all signatures to be rejected)

3. ASR completes at a rate of 450 images per minute or faster 4. ASR never accepts an envelope with a blank or missing signature 5. Based on results of ASR on an Incoming Scan, the expected # of “unapproved”

envelopes are available in Console for disposition (i.e., if 500 are scanned and 200 are accepted by ASR, there should be 300 in Console for Tier 1 disposition)

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6. Allows multiple users to simultaneously disposition signatures in the same envelope batch/tray

7. Native real-time status or ‘dashboard’ view(s)/reports(s) to monitor work progress across trays (i.e., dynamic graphics/charts within the application). This might include things such as: a. Status of each tray b. Percent or number of envelopes in each disposition code and ASV accepted c. Percent or number of envelopes remaining for review

8. Ability to configure signature disposition codes available by tier of signature verification 9. Ability for Boulder County to create and edit user accounts in Console

Section D - Data Import, Export and Integration Requirements

1. Accepts an import of data for pre-challenges 2. Accepts an import of data from the Statewide Colorado Registration and Election system

(SCORE) 3. Produces an export of data that is accepted by SCORE (i.e. in appropriate format

w/required fields) 4. Ability to export signature images captured by the Agilis

Section E - Reporting Requirements

1. Envelope Batch Level Report(s) by status and pocket/bin (i.e., report(s) to depict counts of envelopes sorted in each batch, the pocket/bin they sorted into, their status, duplicate envelopes, etc.)

2. Summary Report(s) to aggregate total counts across batches (i.e., total # of envelopes received, accepted, etc.)

3. Automated Signature Verification Report(s) (i.e., report(s) of envelopes accepted through automated signature verification) Audit Report (i.e., report that logs the operator that entered the final disposition of an envelope)

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Parks & Open Space 5201 St. Vrain Road • Longmont, Colorado 80503 303.678.6200 • Fax: 303.678.6177 • www.BoulderCountyOpenSpace.org



EXHIBIT A TO: Ryan Conner, R&R Conner Aviation LLC FROM: David Hirt, Project Manager DATE: June 9, 2021 RE: Amendment NO. 1 PROJECT: RFP NO. 7209-21; Calwood Fire Aerial Mulching Project CONTRACTOR: R&R Conner Aviation, LLC dba R&R Conner Helicopters INTRODUCTION AND BACKGROUND: A wildfire ignited on October 17, 2020 and resulted in the largest fire in Boulder County’s history. Representatives from Boulder County, United States Forest Service, City of Longmont, St. Vrain and Left Hand Water Conservancy District, Left Hand Water District, Cal-Wood, Left Hand Watershed Center, Colorado Forest Restoration Institute, Colorado Water Conservation Board and others quickly mobilized to begin planning short and long-term recovery needs. This “Fire Recovery Team” worked to prioritize locations for aerial mulching, sediment catchment, and adaptive management. Boulder County led the process to acquire Emergency Watershed Protection (EWP) Program funds for aerial mulching within high severity burn locations on private and county-owned lands. Using the soil burn severity assessment (USGS-USFS November 2 BARC), debris flow hazard maps (USGS), and hillslope erosion potential models (Colorado Forest Restoration Institute CFRI), the County identified treatment polygons located in areas that are predominantly in moderate and high soil burn severity classes with slopes that range from 20 to 60%. The purpose of this post-fire mulch treatment and is to provide adequate cover on treatment areas within the Calwood Fire to reduce erosion and sedimentation that may affect water quality, municipal water supplies, park and road infrastructure, as well as homes and lives of the citizenry located within, adjacent, or down slope of the fire perimeter. Stakeholders identified and prioritized unmet needs relating to fire recovery outside of the EWP funded work. Through this process, the recovery team identified unfunded gaps on USFS lands that could potentially compromise treatments downslope if left untreated. Whereas if these areas were treated, expected post-fire sediment yields would be reduced further and would benefit water quality and water users. Each sub-basin was prioritized using hillslope erosion modeling provided by CFRI and ranked by the net sediment yield in treated vs. untreated scenarios, combined with a cost benefit analysis. From that ranking the top two to three sub-basins in each watershed were defined and called out for additional mulching, utilizing the contractor in place for the EWP work. OBJECTIVES:

a. Complete urgent restoration activities to protect soil and reduce the risk of erosion in high severity burn areas in advance of the monsoon season.

b. Reduce threats to public safety and infrastructure within and downstream of the fire, from potential debris flows and increased flooding.

c. Provide a real-time early warning system to alert municipal and agricultural water users to imminent threats to water quality.

d. Implement an adaptive management process in order to respond with additional restoration action as needed and ensure project goals are met long-term.

DocuSign Envelope ID: F3FD18A3-A32B-49AB-B2D3-108BDA12B0A39.b

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e. Continue inter-agency and landowner coordination and employ a landscape scale approach to recovery.

f. Safely re-open Heil Valley Ranch and the Cal-Wood Education Center to parks visitors and school children.

SCOPE OF WORK: The following task is listed as the Contractor’s Responsibilities. TASK 1 – Aerial Mulching of High Priority USFS Lands Description of Task This project proposes to use wood shreds sourced from dead trees on site to mulch approximately 220 acres of hillslopes that experienced high severity fire and have been identified as high priorities amongst US Forest Service lands for treatment to reduce hillslope erosion. Approximately 140 acres of high priority slopes are targeted within the Central Gulch – South St. Vrain Watershed, and an additional 80 to 100 acres in the Geer Creek – Lefthand Creek Watershed (Attachment A). Boulder County may alter final acreages depending on further ground truthing of the project site, (with Units 33, 33c and part of Unit 39 also a high priority), the availability of on-site and off-site wood material, total cost and available budget. Method/Procedure Wood mulch will be sourced on site, from fire-killed trees, on the Heil Valley Ranch and Cal-Wood Education Center properties. No trees are being cut on USFS lands, nor will any staging areas or helicopter landings be placed on USFS lands. Trees will be harvested with either hand crews or ground based equipment depending on slope and access. To minimize ground impacts, cut trees will not be skidded to the staging area, but will be aerially yarded by helicopter to landings already established for the EWPP project. Trees will be processed using a Morbark horizontal grinder, and the resulting mulch loaded into nets and aerially applied to the treatment units, at approximately five tons/acre. The Contractor may be expected to drop up to 6 tons an acre to reach the 70% cover at no additional cost. Current specifications require no more than 30% fines within the mulch samples. To date, samples taken from grinding operations have passed that specification. Additional samples will be taken throughout the project, but given that the source, species, and condition of the trees is consistent, we expect the samples to be consistent as well. Mulch coverage is specified at 70%. Monitoring protocols will be the same as the NRCS EWPP funded portion of this project on County and private property. County staff may inspect each treated unit to assure contract specifications are met. Where possible, ten transects will be conducted from ten random points generated within each unit over 40 acres. Smaller units will have a minimum of five transects. Cover will be estimated utilizing a Wood Straw cover grid (Forest Concepts LLC). A cover point will be assessed at ten points along the transect, one every ten paces, and the result averaged across the transect. All ten transects will then be averaged to estimate post treatment percent cover of wood shred mulch. Due to the difficulty of some of the terrain, the time and effort required to gain access to the areas will be intensive. As a result more time will likely be taken to gain the sample points than to actually collect the data. Therefore, it will be advantageous to collect enough data to safely infer the variation of cover within a single treatment polygon. For sites that cannot be accessed due to terrain limitations, a visual estimate will have to be employed. This may be from a vantage point or via aerial imagery collected by drone or helicopter.


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Upon completion of the project, all staging areas will be decompacted and revegetated by the contractor. In the event the Contractor’s preference is to utilize a drone, a separate Agreement with the County will be required which may also include new insurance requirements. The Contractor will note this in their proposal. PROJECT DEADLINES: It is anticipated the Contractor’s current contract will be amended to include the additional funded work as described in this Exhibit A. All efforts should be made to complete all project tasks in the original contract executed April 6, 2021 and including this amendment, within that deadline of August 21, 2021. All administrative tasks, close out items and funding requests required to be completed by September 9, 2021 as stated in the original contract. If the deadlines as specified above are not attainable by the Contractor and the NRCS is agreeable to continue to utilize landing areas beyond the September 9, 2021 date, the mulching operations and all landing area reclamation , as part of this project, may be completed by December 31, 2021. PROJECT FUNDING: The additional work is supported by an Agreement with the State of Colorado, Colorado Department of Natural Resources, Colorado Water Conservation Board; CMS Number 169387 and Encumbrance Number CTGG1 PDAA 2021*3404; CRS IS 37-60-101 TH 37-60-133. PAYMENT BOND AND PERFORMANCE BOND REQUIREMENT: Both a Payment Bond and a Performance Bond are required for the additional work and each bond must equal 100% of the contractor’s proposal cost. This is a separate bond requirement from the original contract to be submitted for this contract amendment NO. 1. The Contractor is responsible for ensuring the County receives the bonds. All bonds must be received and approved, by the County, prior to work commencing. Retainage on all invoices presented and a Notice of Final Settlement posting will be required for this additional work. COMPLETION SCHEDULE: The additional work as described will be completed, if possible, along with the original contract funded work on or by August 21, 2021 and the Administrative work as described within the current completion date of September 9, 2021. If agreed upon in writing, and agreeable to utilize the landing areas by the NRCS beyond these dates, final completion, including all reclamation will be complete by December 31, 2021.


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NON-PROCUREMENT DOCUMENTS ONLY ROUTE THROUGH DOCUSIGN – NOT ORACLE

ROUTING COVER SHEET

Document Details Document Type Other

Parties County Contact Information

Boulder County Legal Entity Boulder County Department Parks and Open Space

Division/Program Administration Mailing Address 5201 St Vrain Road, Longmont, CO 80503

Contract Contact – Name, email David Hirt, [email protected] Invoice Contact – Name, email D’Ann Lambert, [email protected]

Other Party Contact Information Name Forest Service

Mailing Address 1603 Terry Ann, Minden, NV, 89423 Contact 1 – Name, title, email John Hefner, Grants Management Specialist,

[email protected] Contact 2 – Name, title, email

Term Start Date 6/22/21

Expiration Date 12/31/21 Brief Description of Work/Services Provided MT5126 Participating Agreement to allow Boulder County access to Forest Services lands within the CalWood Fire perimeter to complete aerial mulching across approximately 220 acres of federal land. Revenue Contract/Lease Details

Amount $0 Fixed Price or Not-to-Exceed?

hoose a n item.

Grant Details Award # (if any)

Signature Deadline Project/Program Name

Project/Program Start Date Project/Program End Date

Capital or Operating? Grant Funding

Amount: Federal Funds Amount: State Funds

Amount: Other (specify) Amount: Match (dollars) Amount: Match (in-kind)

Total Project Budget Account String

Federally Funded Grants Federal Program Name

CFDA # Subrecipients

Name(s)

Angela Gee, [email protected]

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NON-PROCUREMENT DOCUMENTS ONLY ROUTE THROUGH DOCUSIGN – NOT ORACLE

Services to be Provided Subaward Amount

Subcontractors Name(s)

Services to be Provided Subcontract Amount

File Net Contract Details - Details should precisely match search variables in File Net (Only required where Original Agreement is stored in File Net)

Other Party Name Start Date End Date

Amount Notes Additional information not included above Please refer to the attached Participating Agreement # 21-PA-11021000-015

DocuSign Approvals (Initials): Drop initial tags for each of the required approvers below

__________ County Attorney [ONLY FOR: Revenue Contracts, Leases, Grant Documents]

Use email: [email protected]

__________ Interim EO/DH [ONLY FOR: BOCC-Signed Documents]


__________ Interim EO/DH [ONLY FOR: BOCC-Signed Documents]


__________ Clerk of the BOCC [ONLY FOR: BOCC-Signed Documents]


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Parks & Open Space 5201 St. Vrain Road • Longmont, Colorado 80503 303.678.6200 • Fax: 303.678.6177 • www.BoulderCountyOpenSpace.org



MEMORANDUM

TO: Boulder County Board of County Commissioners (BOCC) FROM: David Hirt, Project Manager, CalWood Fire Recovery at Heil Valley Ranch

Open Space and D’Ann Lambert, Parks and Open Space Grant Coordinator DATE: Wednesday, June 22, 2021 RE: Participating Agreement with United States Forest Service (USFS) With support from the BOCC, Boulder County Parks and Open Space (BCPOS) submitted a $550,000 grant application to the Colorado Water Conservation Board (CWCB) on April 21, 2021 to fund high priority fire recovery needs on US Forest Services land within the CalWood Fire burn perimeter. The approximately 220 acres lie on USFS land within the South St Vrain and Left Hand Creek Watersheds, and erosion control is critical to protecting municipal water supplies, park and road infrastructure as well as the homes and lives of the people located within and downslope of the fire perimeter. As federally owned land, this acreage is excluded from the National Resource Conservation Service Emergency Watershed Protection Program funds (NRCS-EWP) grant funding Boulder County received for recovery. The USFS fully supports the emergency stabilization efforts of spreading wood shred mulch, the agency did not have funding to complete the work across the federal lands CWCB awarded the $550,000 effective June 2, 2021. BCPOS will amend its existing aerial mulching contract with R & R Aviation to include the 220 acres of USFS land. For Boulder County to work on the federal public lands, the USFS initiated the attached Participating Agreement between Boulder County and the USDA, Forest Service Arapaho and Roosevelt National Forests and Pawnee National Grasslands document. The purpose of the agreement is to authorize Boulder County to implement the same stabilization measures on USFS lands within the CalWood Fire footprint when implementing these measures on adjacent County and private lands. Action Requested: Approve and Signature by Chair Matt Jones

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USDA, Forest Service OMB 0596-0217

FS-1500-16

Page 1 of 13 (Rev. 9-15)

FS Agreement No. 21-PA-11021000-015

Cooperator Agreement No.

PARTICIPATING AGREEMENT Between The

COUNTY OF BOULDER And The

USDA, FOREST SERVICE ARAPAHO AND ROOSEVELT NATIONAL FORESTS AND PAWNEE NATIONAL

GRASSLANDS

This PARTICIPATING AGREEMENT is hereby entered into by and between the County of Boulder, hereinafter referred to as “Boulder County,” and the United States Department of Agriculture (USDA), Forest Service, Arapaho and Roosevelt National Forests and Pawnee National Grasslands, hereinafter referred to as the “U.S. Forest Service,” under the authority: Wyden Amendment (Public Law 105-277, Section 323 as amended by Public Law 109-54, Section 434, and permanently authorized by Public Law 111-11, Background: In 2020, Boulder County experienced two large wildfire events, the Calwood Fire and the Lefthand Fire. Both fires burned within municipal watersheds that serve the City of Longmont and Boulder County residents within the Saint Vrain Left Hand Water Conservancy District. Previous disturbance events in this area have resulted in flash flooding and large fluxes in sediment and debris transport. Research shows that burned areas, particularly those at moderate to high severity, are more susceptible to erosion and debris flow events until enough time has lapsed to allow suitable vegetation (grasses, shrubs, trees) to become re-established to better secure the soil in place. As part of the fire recovery effort, priority areas have been identified that are in need of emergency stabilization using wood mulch to help limit impacts to municipal water supplies. The purpose of this mitigation measure is to help stabilize the soil in the burned areas to reduce sediment and debris transport from runoff water or precipitation events. Boulder County has recently awarded a contract to implement emergency stabilization measures on county and private lands, using funding allocated by the Natural Resource Conservation Service (NRCS) Emergency Watershed Protection Program, which provides funds for hazards created by natural disasters that cause a sudden impairment of a watershed. The purpose of this agreement is to authorize Boulder County to implement the same stabilization measures on USFS lands within the Calwood Fire footprint when implementing these measures on adjacent County and private lands. Title: Calwood Fire Soil Stabilization Project

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FS-1500-16

Page 2 of 13 (Rev. 9-15)

I. PURPOSE: The purpose of this agreement is to document the cooperation between the parties to implement the Calwood Fire Soil Stabilization Project in accordance with the following provisions and the hereby incorporated Financial Plan, attached as Exhibit A and the Calwood Fire Recovery Scope of Work, attached as Exhibit B (Scope of Work).

. II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:

The U.S. Forest Service and Boulder County enter into this agreement with the mutual goal of watershed protection and restoration. Water is one of the most important natural resources following from forests. The U.S. Forest Service manages the largest single source of water in the U.S. with about 18% originating from 193 million acres of land. A network of water and watershed resource specialists support stewardship efforts at all levels of the organization to promote healthy, sustainable watershed fundamental to ecosystems and people. In order to provide municipal water, stable watersheds are essential. Boulder County seeks to partner with the U.S. Forest Service to treat watersheds located on federal lands, further stabilizing the effects of the Calwood Fire, which benefits the local water providers ability to deliver water to its citizens within the county as well as the U.S. Forest Service goal of a healthy ecosystem

In consideration of the above premises, the parties agree as follows:

III. BOULDER COUNTY SHALL:

A. LEGAL AUTHORITY. Boulder County shall have the legal authority to enter into this agreement, and the institutional, managerial, and financial capability to ensure proper planning, management, and completion of the project, which includes funds sufficient to pay the non-Federal share of project costs, when applicable.

B. WORK SCOPE. Boulder County will implement emergency stabilization mitigation

measures identified in the Scope of Work, Task 1A (aerial mulching) on USFS - First Priority (217 acres) developed by the Calwood Fire Recovery Team, in accordance with subparagraph C below. Additional aerial mulching may be implemented under this agreement if funding resources and source material is readily available. These areas are identified as USFS – Second Priority (727 acres) on the map included with the scope of work. If funding and source material are not available, the second priority acres may not be completed.

C. CONTRACT OVERSIGHT.

1. Boulder County will advertise for bid and award a contract with an independent contractor to perform the work identified in the Scope of Work under Task 1A, aerial mulching, identified as a priority unmet need.

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FS-1500-16

Page 3 of 13 (Rev. 9-15)

2. Boulder County will designate a Project Manager to administer and oversee the work in accordance with terms and conditions of the contract.

3. In accordance with its policies and procedures, Boulder County will require the

independent contractor to: (a) provide a certificate of insurance, evidencing Commercial General Liability and (b) assume responsibility and liability for damages, loss or injury of any kind or nature whatever to persons or property omission, or failure to act when under a duty to act on the part of the independent contractor or any of their officers, agents, employees, or subcontractors in their performance of the work.

4. Request that the helicopter staff be in communication with Fort Collins Dispatch

informing them of the date range, location of helicopter operations and staging area, and tail number/ship description so that they are informed of airspace activity. Dispatch requests they monitor the initial attack air to air frequency 126.0250 VHF-AM to be alert to any emergency. Dispatch email: [email protected] Phone: 970-295-6800 (ask for aircraft desk).

IV. THE U.S. FOREST SERVICE SHALL:

A. TREATMENT APPROVAL. The U.S. Forest Service will approve all treatments prior to application on national forest lands.

B. TECHINICAL COORDINATOR. The U.S. Forest Service will select an employee to act as U.S. Forest Service Project Technical Coordinator for the project.

V. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE

PARTIES THAT:

A. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this agreement.

Principal Cooperator Contacts:

Cooperator Project Contact Cooperator Financial Contact

David Hirt 5201 St. Vrain Road Longmont, CO 80503 Telephone: 720-600-4175 FAX: Email: [email protected]

David Hirt 5201 St. Vrain Road Longmont, CO 80503 Telephone: 720-600-4175 FAX: Email: [email protected]

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FS-1500-16

Page 4 of 13 (Rev. 9-15)

Principal U.S. Forest Service Contacts:

U.S. Forest Service Program Manager Contact

U.S. Forest Service Administrative Contact

Angela Gee 2140 Yarmouth Ave Boulder, CO 80301 Telephone: 970-278-6655 FAX: 303-541-2515 Email: [email protected]

Sara Wolf 2840 Kachina Drive Pueblo, CO 81008 Telephone: 719-553-1443 Email: [email protected]

B. NOTICES. Any communications affecting the operations covered by this agreement

given by the U.S. Forest Service or Boulder County are sufficient only if in writing and delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows:

To the U.S. Forest Service Program Manager, at the address specified in the agreement.

To Boulder County, at the address shown in the agreement or such other address designated within the agreement.

Notices are effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later.

C. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts the U.S. Forest Service or Boulder County from participating in similar activities with other public or private agencies, organizations, and individuals.

D. ENDORSEMENT. Any of Boulder County’s contributions made under this

agreement do not by direct reference or implication convey U.S. Forest Service endorsement of Boulder County's products or activities.

E. USE OF U.S. FOREST SERVICE INSIGNIA. In order for Boulder County to use the U.S. Forest Service Insignia on any published media, such as a Web page, printed publication, or audiovisual production, permission must be granted from the U.S. Forest Service’s Office of Communications (Washington Office). A written request will be submitted by the U.S. Forest Service to the Office of Communications Assistant Director, Visual Information and Publishing Services, prior to use of the insignia. The U.S. Forest Service will notify the Boulder County when permission is granted.

F. NON-FEDERAL STATUS FOR COOPERATOR PARTICIPANTS. Boulder County agree(s) that any of Boulder County’s employees, volunteers, and program participants shall not be deemed to be Federal employees for any purposes including Chapter 171 of Title 28, United States Code (Federal Tort Claims Act) and Chapter

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FS-1500-16

Page 5 of 13 (Rev. 9-15)

81 of Title 5, United States Code (OWCP), as Boulder County has hereby willingly agreed to assume these responsibilities.

Further, Boulder County shall provide any necessary training to Boulder County’s employees, volunteers, and program participants to ensure that such personnel are capable of performing tasks to be completed. Boulder County shall also supervise and direct the work of its employees, volunteers, and participants performing under this agreement.

G. MEMBERS OF CONGRESS. Pursuant to 41 U.S.C. 22, no member of, or delegate

to, Congress shall be admitted to any share or part of this agreement, or benefits that may arise therefrom, either directly or indirectly.

H. NONDISCRIMINATION. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, and so forth.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

I. ELIGIBLE WORKERS. Boulder County shall ensure that all employees complete the I-9 form to certify that they are eligible for lawful employment under the Immigration and Nationality Act (8 USC 1324a). Boulder County shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any contract awarded under this agreement.

J. SYSTEM FOR AWARD MANAGEMENT REGISTRATION REQUIREMENT (SAM). Boulder County shall maintain current information in the System for Award Management (SAM) until receipt of final payment. This requires review and update to the information at least annually after the initial registration, and more frequently if required by changes in information or agreement term(s). For purposes of this agreement, System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM Internet site at www.sam.gov.

K. STANDARDS FOR FINANCIAL MANAGEMENT. 1. Financial Reporting

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FS-1500-16

Page 6 of 13 (Rev. 9-15)

Boulder County shall provide complete, accurate, and current financial disclosures of the project or program in accordance with any financial reporting requirements, as set forth in the financial provisions.

2. Accounting Records

Boulder County shall continuously maintain and update records identifying the source and use of funds. The records shall contain information pertaining to the agreement, authorizations, obligations, unobligated balances, assets, outlays, and income.

3. Internal Control

Boulder County shall maintain effective control over and accountability for all U.S. Forest Service funds, real property, and personal property assets. Boulder County shall keep effective internal controls to ensure that all United States Federal funds received are separately and properly allocated to the activities described in the agreement and used solely for authorized purposes.

4. Source Documentation

Boulder County shall support all accounting records with source documentation. These documentations include, but are not limited to, cancelled checks, paid bills, payrolls, contract and contract documents. These documents must be made available to the U.S. Forest Service upon request.

L. AGREEMENT CLOSE-OUT. Within 120 days after expiration or notice of

termination Boulder County shall close out the agreement.

Any unobligated balance of cash advanced to Boulder County must be immediately refunded to the U.S. Forest Service, including any interest earned in accordance with 7CFR3016.21/2CFR 215.22. Within a maximum of 120 days following the date of expiration or termination of this agreement, all financial performance and related reports required by the terms of the agreement must be submitted to the U.S. Forest Service by Boulder County. If this agreement is closed out without audit, the U.S. Forest Service reserves the right to disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit which may be conducted later.

M. PROGRAM MONITORING AND PROGRAM PERFORMANCE REPORTS. The

parties to this agreement shall monitor the performance of the agreement activities to ensure that performance goals are being achieved. Performance reports must contain information on the following:

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FS-1500-16

Page 7 of 13 (Rev. 9-15)

- A comparison of actual accomplishments to the goals established for the period. Wherever the output of the project can be readily expressed in numbers, a computation of the cost per unit of output, if applicable.

- Reason(s) for delay if established goals were not met.

- Additional pertinent information.

Boulder County shall submit annual performance reports to the U.S. Forest Service Program Manager. These reports are due 90 days after the reporting period. The final performance report must be submitted either with Boulder County’s final payment request, or separately, but not later than 120 days from the expiration date of the agreement.

N. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. Boulder County

shall retain all records pertinent to this agreement for a period of no less than 3 years from the expiration or termination date. As used in this provision, records includes books, documents, accounting procedures and practice, and other data, regardless of the type or format. Boulder County shall provide access and the right to examine all records related to this agreement to the U.S. Forest Service, Inspector General, or Comptroller General or their authorized representative. The rights of access in this section must not be limited to the required retention period but must last as long as the records are kept. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the end of the 3-year period, the records must be kept until all issues are resolved, or until the end of the regular 3-year period, whichever is later. Records for nonexpendable property acquired in whole or in part, with Federal funds must be retained for 3 years after its final disposition.

O. FREEDOM OF INFORMATION ACT (FOIA). Public access to grant or agreement

records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). Requests for research data are subject to 2 CFR 215.36.

Public access to culturally sensitive data and information of Federally-recognized Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106 (2008 Farm Bill).

P. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO) 13513, “Federal Leadership on Reducing Text Messaging While Driving,” any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the

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FS-1500-16

Page 8 of 13 (Rev. 9-15)

Government when driving any vehicle at any time. All Cooperators, their Employees, Volunteers, and Contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government.

Q. PUBLIC NOTICES. It is The U.S. Forest Service's policy to inform the public as fully as possible of its programs and activities. Boulder County is/are encouraged to give public notice of the receipt of this agreement and, from time to time, to announce progress and accomplishments. Press releases or other public notices should reference the Agency as follows:

“Arapaho And Roosevelt National Forests And Pawnee National Grasslands of the U.S. Forest Service, U.S. Department of Agriculture” Boulder County may call on The U.S. Forest Service's Office of Communication for advice regarding public notices. Boulder County is/are requested to provide copies of notices or announcements to the U.S. Forest Service Program Manager and to The U.S. Forest Service's Office of Communications as far in advance of release as possible.

R. FUNDING. Federal funding under this agreement is not available for reimbursement of Boulder County’s purchase of equipment. Equipment is defined as having a fair market value of $5,000 or more per unit and a useful life of over one year.

S. CONTRACT REQUIREMENTS. Any contract under this agreement must be awarded following the Boulder County’s established procurement procedures, to ensure free and open competition, and avoid any conflict of interest (or appearance of conflict). Boulder County shall maintain cost and price analysis documentation for potential U.S. Forest Service review. Boulder County is/are encouraged to utilize small businesses, minority-owned firms, and women’s business enterprises.

T. OFFSETS, CLAIMS AND RIGHTS. Any and all activities entered into or approved by this agreement will create and support afforestation/ reforestation efforts within the National Forest System without generating carbon credits. The U.S. Forest Service does not make claims of permanence or any guarantees of carbon sequestration on lands reforested or afforested through partner assistance. The U.S. Forest Service will provide for long-term management of reforested and afforested lands, according to applicable Federal statute, regulations and forest plans.

U. TRAINING, EVALUATION, AND CERTIFICATION OF SAWYERS. Any of the cooperator’s employees, and any participants and volunteers engaged on behalf of the cooperator and U.S. Forest Service, who will use chain saws or crosscut saws on National Forest System lands to conduct the program of work contained in this agreement must be trained, evaluated, and certified in accordance with U.S. Forest Service Manual 2358 and U.S. Forest Service Handbook 6709.11, section 22.48b.

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FS-1500-16

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The cooperator is responsible for providing this training, evaluation, and certification, unless the U.S. Forest Service and the cooperator determine it is not in the best interest of the partnership. In these circumstances, the U.S. Forest Service, upon request and based on availability of Agency funding and personnel, may assist with developing and conducting training, evaluation, and certification of the cooperator’s employees, and any volunteers and participants engaged on behalf of the cooperator and the U.S. Forest Service, who will use chain saws or cross cut saws on National Forest System lands.

V. U.S. FOREST SERVICE ACKNOWLEDGED IN PUBLICATIONS,

AUDIOVISUALS AND ELECTRONIC MEDIA. Boulder County shall acknowledge U.S. Forest Service support in any publications, audiovisuals, and electronic media developed as a result of this agreement.

W. NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR

AUDIOVISUAL MATERIAL. Boulder County shall include the following statement, in full, in any printed, audiovisual material, or electronic media for public distribution developed or printed with any Federal funding.

In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs.)

To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free voice (866) 632-9992, TDD (800) 877-8339, or voice relay (866) 377-8642. USDA is an equal opportunity provider and employer.

If the material is too small to permit the full statement to be included, the material must, at minimum, include the following statement, in print size no smaller than the text: "This institution is an equal opportunity provider."

X. REMEDIES FOR COMPLIANCE RELATED ISSUES. If Boulder County materially fail(s) to comply with any term of the agreement, whether stated in a Federal statute or regulation, an assurance, or the agreement, the U.S. Forest Service may take one or more of the following actions:

1. Temporarily withhold cash payments pending correction of the deficiency by

Boulder County or more severe enforcement action by the U.S. Forest Service; 2. Disallow (that is, deny both use of funds and matching credit for) all or part of

the cost of the activity or action not in compliance;

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3. Wholly or partly suspend or terminate the current agreement for Boulder County’s program;

4. Withhold further awards for the program, or 5. Take other remedies that may be legally available, including debarment

procedures under 2 CFR part 417. Y. TERMINATION BY MUTUAL AGREEMENT. This agreement may be terminated,

in whole or part, as follows:

1. When the U.S. Forest Service and Boulder County agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated.

2. By 30 days written notification by Boulder County to the U.S. Forest Service

setting forth the reasons for termination, effective date, and in the case of partial termination, the portion to be terminated. If the U.S. Forest Service decides that the remaining portion of the agreement will not accomplish the purposes for which the agreement was made, the U.S. Forest Service may terminate the agreement in its entirety.

Upon termination of an agreement, Boulder County shall not incur any new obligations for the terminated portion of the agreement after the effective date, and shall cancel as many outstanding obligations as possible. The U.S. Forest Service shall allow full credit to Boulder County for the U.S. Forest Service share of obligations that cannot be cancelled and were properly incurred by Boulder County up to the effective date of the termination. Excess funds must be refunded within 60 days after the effective date of termination.

Z. ALTERNATE DISPUTE RESOLUTION – PARTNERSHIP AGREEMENT. In the

event of any issue of controversy under this agreement, the parties may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to conciliation, facilitation, mediation, and fact finding.

AA. DEBARMENT AND SUSPENSION. Boulder County shall immediately inform the

U.S. Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the Federal Government according to the terms of 2 CFR Part 180. Additionally, should Boulder County or any of their principals receive a transmittal letter or other official Federal notice of debarment or suspension, then they shall notify the U.S. Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary.

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BB. PROHIBITION AGAINST INTERNAL CONFIDENTIAL AGREEMENTS. All non federal government entities working on this agreement will adhere to the below provisions found in the Consolidated Appropriations Act, 2016, Pub. L. 114-113, relating to reporting fraud, waste and abuse to authorities:

(a) The recipient may not require its employees, contractors, or

subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The recipient must notify its employees, contractors, or subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph (a) of this award provision are no longer in effect.

(c) The prohibition in paragraph (a) of this award provision does not contravene requirements applicable to any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) If the Government determines that the recipient is not in compliance with this award provision, it:

(1) Will prohibit the recipient's use of funds under this award, in accordance with sections 743, 744 of Division E of the Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law; and

(2) May pursue other remedies available for the recipient's material failure to comply with award terms and conditions.

CC. COPYRIGHTING. Boulder County is/are granted sole and exclusive right to

copyright any publications developed as a result of this agreement. This includes the right to publish and vend throughout the world in any language and in all media and forms, in whole or in part, for the full term of copyright and all renewals thereof in accordance with this agreement. No original text or graphics produced and submitted by the U.S. Forest Service shall be copyrighted. The U.S. Forest Service reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use the work for Federal Government purposes. This right must be transferred to any sub-agreements or subcontracts. This provision includes:

1. The copyright in any work developed by Boulder County under this agreement.

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FS-1500-16

Page 12 of 13 (Rev. 9-15)

2. Any right of copyright to which Boulder County purchase(s) ownership with any federal contributions.

DD. MODIFICATIONS. Modifications within the scope of this agreement must be made

by mutual consent of the parties, by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to any changes being performed. Requests for modification should be made, in writing, at least 30 days prior to implementation of the requested change. The U.S. Forest Service is not obligated to fund any changes not properly approved in advance.

EE. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the date of the last signature and is effective through December 31, 2022 at which time it will expire. The expiration date is the final date for completion of all work activities under this agreement.

FF. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that

the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this agreement. In Witness Whereof, the parties hereto have executed this agreement as of the last date written below.

Matt Jones, County Commissioner Boulder County

Date

Monte L. Williams, Forest Supervisor U.S. Forest Service, Arapaho and Roosevelt National Forests and Pawnee National Grassland

Date

The authority and format of this agreement have been reviewed and approved for signature. 6/3/2021 JOHN HEFNER U.S. Forest Service Grants Management Specialist

Date

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FS-1500-16

Page 13 of 13 (Rev. 9-15)

Burden Statement

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer.

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U.S. Forest Service OMB 0596-0217FS-1500-17B

Attachment: AUSFS Agreement No.: Mod. No.:

Cooperator Agreement No.:

Financial Plan Matrix: Note: All columns may not be used. Use depends on source and type of contribution(s).

(a) (b) (c) (d)

CashCOST ELEMENTS Noncash to Noncash In-Kind Direct Costs CooperatorSalaries/Labor $23,969.50 $0.00 $36,150.00 $0.00 $60,119.50Travel $1,575.00 $0.00 $2,205.00 $0.00 $3,780.00Equipment $0.00 $0.00 $5,808,000.00 $0.00 $5,808,000.00Supplies/Materials $0.00 $0.00 $0.00 $0.00 $0.00Printing $0.00 $0.00 $0.00 $0.00 $0.00Other $0.00 $0.00 $0.00 $0.00 $0.00Other $0.00Subtotal $25,544.50 $0.00 $5,846,355.00 $0.00 $5,871,899.50Coop Indirect Costs $0.00 $0.00 $0.00FS Overhead Costs $3,065.34 $3,065.34Total $28,609.84 $0.00 $5,846,355.00 $0.00

$5,874,964.84

(a+b) ÷ (e) = (f)Total Cooperator Share(c+d) ÷ (e) = (g)Total (f+g) = (h)

100.00%(h)

(g)

Matching Costs DeterminationTotal Forest Service Share = (f)

0.49%

Total Project Value:

(e)Total

99.51%

Agreements Financial Plan (Short Form)

21-PA-11021000-015

Note: This Financial Plan may be used when:(1) No program income is expected and (2) The Cooperator is not giving cash to the FS and(3) There is no other Federal funding

FOREST SERVICE CONTRIBUTIONS COOPERATOR CONTRIBUTIONS

Page 1

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Standard CalculationJob Description Cost/Day # of Days TotalDistrict Ranger 1 $637.00 25.00 $15,925.00Hydrologist 1 $400.00 10.00 $4,000.00Lands Staff 1 $531.50 3.00 $1,594.50Botanist 1 $410.00 5.00 $2,050.00support staff 1 $400.00 1.00 $400.00Non-Standard CalculationTotal Salaries/Labor $23,969.50

Standard CalculationTravel Expense Employees Cost/Trip # of Trips TotalField Visits 3 $35.00 15.00 $1,575.00Non-Standard CalculationTotal Travel $1,575.00

Piece of Equipment # of Units Cost/Day # of Days Total

Total Equipment $0.00

Supplies/Materials # of Items Cost/Item Total

Total Supplies/Materials $0.00

Paper Material # of Units Cost/Unit Total

Total Printing $0.00

Item # of Units Cost/Unit Total

Total Other $0.00

Current Overhead Rate Total12.00% $3,065.34

Total FS Overhead Costs $3,065.34

WORKSHEET FOR

Standard Calculation




Non-Standard Calculation



$25,544.50

Subtotal Direct Costs

Forest Service Overhead Costs

FS Non-Cash Contribution Cost Analysis, Column (a)

TOTAL COST $28,609.84

Printing

Other Expenses

Subtotal Direct Costs

Equipment

Travel

Salaries/Labor

Supplies/Materials

$25,544.50


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Job Description Cost/Day # of Days TotalProject Manager 1 $400.00 50.00 $20,000.00project support staff 2 $350.00 40.00 $14,000.00Public Relations 1 $350.00 5.00 $1,750.00Legal 1 $400.00 1.00 $400.00

Total Salaries/Labor $36,150.00

Travel Expense Employees Cost/Trip # of Trips TotalProject Manager 1 $35.00 15.00 $525.00project support staff 3 $35.00 15.00 $1,575.00public relations 1 $35.00 3.00 $105.00

Total Travel $2,205.00

Piece of Equipment # of Units Cost/Day # of Days TotalAerial Mulching Contract 1.00 $96,800.00 60.00 $5,808,000.00

Total Equipment $5,808,000.00

Supplies/Materials # of Items Cost/Item Totalincluded above $0.00

Total Supplies/Materials $0.00

Paper Material # of Units Cost/Unit Total

Total Printing $0.00

Item # of Units Cost/Unit Total

Total Other $0.00

Current Overhead Rate Total$0.00$0.00

WORKSHEET FOR





Cooperator Non-Cash Contribution Cost Analysis, Column (c)Salaries/Labor

Travel

Equipment

Supplies/Materials






Standard CalculationPrinting

TOTAL COST $5,846,355.00

$5,846,355.00

Total Coop. Indirect Costs

Other Expenses

Subtotal Direct CostsCooperator Indirect Costs

Subtotal Direct Costs$5,846,355.00



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Calwood & Lefthand Fire Recovery

INTRODUCTION AND BACKGROUND A wildfire ignited on October 17th 2020, and resulted in the largest fire in Boulder County’s history. Representatives from Boulder County, United States Forest Service, City of Longmont, St. Vrain and Left Hand Water Conservancy District, Left Hand Water District, Cal-Wood, Left Hand Watershed Center, Colorado Forest Restoration Institute, Colorado Water Conservation Board and others quickly mobilized to begin planning short and long-term recovery needs. This “Fire Recovery Team” worked to prioritize locations for aerial mulching, sediment catchment, and adaptive management. Boulder County led the process to acquire Emergency Watershed Protection (EWP) Program funds for aerial mulching within high severity burn locations on private and county-owned lands. Left Hand Watershed Center (the Watershed Center) leveraged the recently formed St. Vrain Forest Health Partnership to help with communication and inter-agency coordination immediately following the fire. Further, the Watershed Center began working with recovery team partners to identify and prioritize unmet needs relating to fire recovery outside of the EWP funded work. Through this process, the Watershed Center identified the potential funding partners and tasks included in this proposal.

About Left Hand Watershed Center Established in 2005, Left Hand Watershed Center (the Watershed Center) has strong roots in Boulder County and are led by a diverse board of enthusiastic stakeholders. We value science and community, and embrace these values to implement on-the-ground forest, river, and community stewardship projects. While we maintain our roots in Left Hand Creek Watershed, we strive to apply our locally-developed tools regionally for the benefit of all Front Range watersheds and communities.

With four staff and 16 volunteer board members, the Watershed Center serves the 300,000 residents within the County, as well as the countless recreational visitors to the County. We engage with hundreds of volunteers and partners each year via our community, forest, river, and adaptive management services. Our funding revenue includes partner contributions, state and federal grants, and corporate and individual donations. Annual partner funders include the City of Boulder, Boulder County, Left Hand Water District, City of Longmont, St. Vrain and Left Hand Water Conservancy District, Left Hand Ditch Company, Keep it Clean Partnership, and Mile High Flood Control District. We receive approximately 12 corporate donations and 60 individual donations annually, from residents and businesses across Boulder County and beyond. Our 2020 annual report highlights our accomplishments over the past year, including our 1.5 million dollar 2020 annual budget.

Current and Proposed Fire Recovery Funding Partners Proposed funders for the Calwood and Lefthand fire recovery include Natural Resource Conservation Service Emergency Watershed Protection Program (Confirmed), Boulder County (Confirmed), and the Community Foundation Boulder County (Confirmed), City of Longmont (this proposal), St. Vrain and Left Hand Water Conservancy District (this proposal) and Colorado Water Conservation Board (Pending).

OBJECTIVES The objectives of this project are to:

• Complete urgent restoration activities to protect soil and reduce the risk of erosion in highseverity burn areas in advance of the monsoon season.

• Implement an adaptive management process in order to respond with additional restoration

FS#: 21-PA-11021000-015 10.a

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https://watershed.center/restore-forests/

https://watershed.center/about/staff/

https://watershed.center/about/board/

https://watershed.center/annual-report-2020/

action as needed and ensure project goals are met long-term. • Continue inter-agency and landowner coordination and employ a landscape scale approach to

recovery.

TASKS TASK 1A – Aerial Mulching & Sediment Basins Boulder County will hire contractors to complete aerial mulching tasks and install sediment catchment basins on high severity burn locations within the Calwood burn footprint. $1,327,000 will be funded by Boulder County, $3,981,000 will be funded by NRCS EWP program. $7,500 will be funded by the City of Longmont, to transport mulching material from Buttonrock to Heil. The recovery team has identified $550,000 (220 acres) as priority unmet needs to include in the CWCB fire recovery grant (see map).

TASK 1B – Gap Area Restoration Left Hand Watershed Center will hire contractors to complete restoration activities within gap areas in the high severity burn locations on Lefthand and Calwood that are not covered within the aerial mulching task above. Boulder Community Foundation funds 100% of this task, with work occurring by July 2021. Subtasks include:

• 5 Acres of Fire Break restoration (Balarat & Lefthand private properties)• 5 Acres of Hazard Tree removal (Lefthand private properties & Cal-Wood)• Installation of 40 sediment check dams across (Lefthand private properties & Cal-Wood).• 15 acres of seeding and hand mulching (Lefthand private properties & Cal-Wood).• Hosting three volunteer community stewardship events as part of the above tasks.

TASK 2 and 3 – Adaptive Management The Watershed Center (and partners) will develop and implement an adaptive management process to assess conditions, and respond with management actions as needed. The Community Foundation funds a portion of this task ($89,919), and the current budget identifies St. Vrain and Left Hand Water Conservancy District (the District) and City of Longmont as a potential funder for the remaining unmet need ($234,128). Subtasks include:

• Setting up 12 new long-term monitoring plots within the burned area, covering a minimum offour watershed health indicators. (Data collection in years 2 and 3 are already covered under arecently awarded CWCB grant which will be contracted after July 2021)

• Convening stakeholders and experts to coordinate research and data collection across publicand private lands, and determine follow up management actions.

• Implementing follow up actions including: Tree planting (2000 trees), seeding (20 acres),mulching (20 acres), weeding (20 acres), sediment control structures (20 check dams), additionaldata collection, and additional project scoping and planning.

TASK 4 – Stakeholder and Community Coordination The Watershed Center will coordinate with private landowners to get feedback on the restoration process and goals, obtain access agreements, and keep landowners informed throughout the project. Additionally, the Watershed Center will coordinate and participate in inter-agency recovery team meetings, support community meetings related to post-fire flood preparedness, and complete community outreach tasks related to post-fire recovery process. The Community Foundation funds a portion of this task ($37,205), and the current budget identifies the District and City of Longmont as a potential funder for the remaining unmet need ($26,380).

FS#: 21-PA-11021000-015 10.a

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USFS

HEIL VALLEYRANCH

CAL-WOOD

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20

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Calwood Fire - Mulching Treatment Units

2021 ±

Parks &Open Space

The user agrees to all Terms of Use set forth by Boulder CountyFor Terms of Use, please visit: www.bouldercounty.org/mapdisclaimer

LegendCalwood Fire Perimeter Priority Hillslope Erosion BasinsAccess RoadTrailPerennial Stream

^ Landing Areak Log DeckG Helicopter Camp

Treatment AreasBCPOS & Private - EWP FundedBCPOS & Private - Unfunded NeedsUSFS - First Priority (217 acres)USFS - Second Priority (727 acres)

0 10.5Miles

FS#: 21-PA-11021000-015 10.a

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MEETING OF THE BOARD OF COUNTY COMMISSIONERS …

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