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BANNOCK COUNTY COMMISSIONERS’ –
BUSINESS MEETING
The Board of County Commissioners (BOCC) is comprised of the three elected County
Commissioners: Ernie Moser (District 1), Jeff Hough (District 2, Chair), and Ken Bullock (District
3). The BOCC generally meets twice weekly: Tuesdays & Thursdays at 9:00 a.m. Unless otherwise
noted, meetings are generally held in the Commissioner's Chambers at 624 E Center, Room 119,
Pocatello, Idaho. During these public meetings, the BOCC may approve contracts, expend funds,
hear testimony, make decisions on land use cases, and take care of other County matters.
Times are subject to change within 15 minutes of the stated time.
Tuesday, September 29, 2026
9:00 AM Business Meeting (action items)
Agenda:
•
Indigent Business may require an Executive Session pursuant to Idaho Code §74-206(1)
(d) to consider records exempt from public disclosure (action item)
•
Denae Jones seeking to discuss the issue of Kratom use in Bannock County. The request
is to ban Kratom sales in Bannock County (requested 10 minutes) (action item)
•
Buddy Romriell, Public Works, regarding signature on Mastic Machine rental (signature
only) (action item)
•
Jason Dye, Courts, request to renew the vLex Contract for the Law Library (requested 5
minutes) (action item)
•
Shanda Crystal, Procurement, seeking (1) discussion pertaining to Family Specialist
Services. A signature on a contract or contract amendment may be needed, and (2)
review of and potential signature on a contract with Booth Architecture (requested 10
minutes) (action item)
•
Dillon Evans, Landfill, seeking approval of and signature on Agreement for Solid Waste
Disposal with Bingham County (requested 5 minutes) (action item)
•
Kristi Klauser, Auditing, regarding discussions pertaining to (1) paying for a server for
Juvenile Detention in FY27, (2) what to include in the FY27 recurring entries, and (3)
IOEM training in December (requested 10 minutes) (action item)
1
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
RESOLUTIONS AND ORDINANCES (action items):
Resolution No. 2026-66 Declaring a Sole Source Expenditure – Posi Shell PSA 1000 for Landfill
Resolution No. 2026-67 Authorizing the Destruction of Records
Resolution No. 2026-68 Authorization to Dispose Surplus Assets/Property
Resolution No. 2026-69 Authorization to Opening of the FY26 Budget for Unanticipated
Revenue and Allocation for Expenses
LETTERS AND NOTICES (action items):
Public Hearing Notice
SIGNATURE ONLY (action items):
Euna Order Form
CONSENT AGENDA (action items):
•
Manual Checks
•
Alcohol Licenses and Catering Permits
•
Certificate of Residency Approval
•
Personnel Actions with potential Executive Session under Idaho Code §§ 74-
206(1)(a),(b)&(d) for personnel actions or personnel records exempt from disclosure with
potential action following adjournment of Executive Session
•
Mileage and Travel Approvals
•
Minutes: Approval of and signature on certification for meeting minutes for September
15, 17, and 24, 2026
11:00 AM Public Hearing to Reopen Budget for Unanticipated Revenue (action item)
2
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
firey t
Phone: (
BOARD OF BA SSIONERS' - MEETING SEPTEMBER 29, 2026
Ernige Moser Jerr HoucH — Ken Buttock
Commisstones Cormnssioner Clomumissioner
Ist District 2ud District 3rd District
Pocatello, ID 8yao1
209 ® ~Fax: (208) ay2-79 683
AGENDA REQUEST FORM
The Board of Bannock County Commissioners business meetings are generally held on
Tuesday at 9:00 AM in the Commissioners’ Chambers in the Bannock County Courthouse, 624
E. Center, Room 119 Pocatello, Idaho, or as noticed 48 hours prior to the meeting at
https://www.bannockcounty.gov/commissioners. Agenda times are subject to change within 15
minutes of scheduled time. Any person(s) needing special meeting accommodations should
contact the Commissioner's Office at 208-236-7210, five working days before the meeting.
2
E-mail this completed form and any supporting documents to agendarequest@bannockcounty.gov
Meeting Date Requested: 09/29/2026
Requestor Name: Commissioner Hough Department: Commission
Item to be considered/background:
Seeking to discuss, with Denae Jones, the issue of Kratom in Bannock County. The hope is
to create a ban in Bannock County on Kratom sales.
Action Requested: Discussion, Decisior Amount of Time Requested: 10 Minutes
Financial Impact (Total Cost/Funding Source):
N/A
Does this item involve a contract, agreement, external funding application, or award
acceptance?
No
Has the item been submitted to/reviewed by Legal? Has the item been No]
INo |
Has the item been reviewed by Risk Management? reviewed by Auditing?
Are all supporting documents included?
List of additional attendees: Danae Jones, Tony Manu, Ian Johnson
Please include any supporting documents with your Agenda Session Request Form.
Commissioner Office Only:
Date: | [24 [alotime:
4 BOARD OF BA : SSIONERS' - MEETING SEPTEMBER 29, 2026
BANNOCK County COMMISSIONERS
fing bh, Gemter, Poeate lla, TD S8yaar
Ernie Moser Jerr HouGH — Ken Buttock
Cammissioner Couunissioner Clotmmissioner
Ist District 2nd District 3rd District
Phone: (208) 246-7210 © Fax: (208) 242-7505
AGENDA REQUEST FORM
The Board of Bannock County Commissioners business meetings are generally held on
Tuesday at 9:00 AM in the Commissioners’ Chambers in the Bannock County Courthouse, 624
E. Center, Room 119 Pocatello, Idaho, or as noticed 48 hours prior to the meeting at
https://www.bannockcounty.gov/commissioners. Agenda times are subject to change within 15
minutes of scheduled time. Any person(s) needing special meeting accommodations should
contact the Commissioner's Office at 208-236-7210, five working days before the meeting.
E-mail this completed form and any supporting documents to agendarequest@bannockcounty.gov
Meeting Date Requested: 09/29/2026
Requestor Name: Buddy Romriell Department: Road and Bridge
Item to be considered/background:
Mastic Machine Rental. This machine is for our crack seal and alligator asphalt repair. We
plan to rent this machine for 3-4 weeks in October.
Action Requested: Signature Only Amount of Time Requested: 5 Minutes
Financial Impact (Total Cost/Funding Source):
This will be funded through our road maintenance budget.
Does this item involve a contract, agreement, external funding application, or award
acceptance?
Agreement
Has the item been submitted to/reviewed by Legal? Has the item been
O
Has the item been reviewed by Risk Management? reviewed by Auditing?
Are all supporting documents included?
List of additional attendees: Kiel Burmester
Please include any supporting documents with your Agenda Session Request Form.
Commissioner Office Only:
Date“"\ a 24 Time:
5 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
MAXWELL
EQUIPMENT
SEPTEMBER 29, 2026
EQUIPMENT LEASE AGREEMENT
NUMBER 2258
3685 W. 500 S. SLC, UT 84104 © 801-433-4339
LESSEE
Bannock County Road + Bridge
624 E Cetner ST #104
Pocatello, ID 83204
DESCRIPTION OF EQUIPMENT
Unit: 7324 Description: 350 gal Mastic Mixer/Melter with Auger
Year: 2023 Make: Marathon Model: MM350ADT
Serial#: 2M9SRM3T2RH190480
JOB NAME
PO NUMBER COMMENCEMENT DATE HOUR METER DIESEL PROPANE
Mon, 10/05/2026
BILLING CONTACT SALES TAX RATE EQUIPMENT VALUE
ap@bannockcounty.gov 208-236-7336 $116,270.00
EQUIPMENT CONTACT RETURN DATE LEASE PERIOD LEASE PAYMENT
Thu, 11/05/2026 Weekly $2,250.00
Any repairs, equipment cleaning, or fueling required
upon return will be billed at the rates below.
The following accessories are included with the lease. Missing or
damaged items will be billed at the listed price.
SERVICE FEES UNIT PRICE/unit ACCESSORIES QTY PRICE/each
Cleaning Fee hour $ 85.00 HN/A #N/A #N/A
Repair Fee hour 5 140.00
Diesel Fuel gallon $7.50
Propane gallon $ 4.50
THIS EQUIPMENT LEASE AGREEMENT (the “Agreement”) is made and entered into, effective as of the “Commencement Date”
indicated above (the “Commencement Date”) on the first page hereof (the “Cover Page”) by and between Maxwell Equipment
Company Incorporated, a Utah corporation whose principal place of business is located at 650 South Delong Street, Salt Lake City, UT
84104 (“Lessor”), and the party identified as “Lessee” on the Cover Page (“Lessee”),
NOW, THEREFORE, the Parties agree as follows:
1. Lease Agreement. In consideration of their mutual promises and the covenants, conditions, and agreements contained
herein, the Lessor leases to the Lessee and the Lessee leases from the Lessor the equipment described under “Description of
Equipment” on the Cover Page (together with any accessories, attachments, or additional items provided to Lessee in connection
with the Equipment as set forth on the Cover Page (the “Accessories”}), and any Replacement Equipment, collectively, the
“Equipment”), subject to the terms and conditions of this Agreement.
2. Term of Agreement.
2.1 This Agreement shall be for a term from the Commencement Date contained in the Cover Page to the Actual
Return Date, unless earlier terminated as provided herein (the “Term”).
2.2 Unless an extension is granted in advance in writing by the Lessor, the Lessee will return the Equipment to the
Lessor on or before the “Return Date” indicated in the Cover Page above or the earlier termination of this Agreement (the
“Return Date”). If the Equipment is not returned by the Return Date, Lessee shall be obligated to continue Lease Payments to
Lessor at the end of each period; provided that Lessee’s payment of such Lease Payments shall not constitute a waiver of
Lessee’s failure to perform any obligation under this Agreement {including the obligation to return the Equipment by the Return
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6 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
Date) or give Lessee the right to retain possession of the Equipment after the Return Date or the earlier termination of this
Agreement.
2.3 The Lessee will pay the Lease Payment amount in the amount and at the intervals indicated in the Cover Page,
subject to any other amounts that may become due and payable hereunder (the “Lease Payment”) on the first day of each Lease
Period from the Commencement Date to the date the Equipment is returned to, and received by, Lessor, in the condition
required hereunder (the “Actual Return Date”). The Lease Payment will be paid by the Lessee to the Lessor at Lessor's principal
place of business or at such other place as the Lessor may designate in writing to the Lessee.
2.4 Lease Payments not paid on the date upon which they become due will be assessed the greater of: 1) a fee of 5% of
the amount of the Lease Payment; or 2} an interest payment, at the rate of 1.5% per month until such amount, together with the
outstanding Lease Payment, is paid in full.
3. Lease Period. Monthly means four (4) consecutive calendar weeks, Weekly means seven {7) consecutive calendar days.
Daily means twenty-four (24) consecutive hours. For each lease, equipment hours, as recorded by the equipment hour meter, are
allowed and included in the Lease Payment as follows: monthly two hundred (200) hours, weekly fifty (50) hours, and daily ten (10)
hours. Equipment with more than the allowed and included hours for the time period of the lease will be assessed an additional daily
lease fee. Such excess hours will be converted to days by (i) dividing such excess hours by ten (10) and then rounding to the nearest
whole number, and then (ii) multiplying this number by a daily rate calculated by dividing the Lease Payment by the days of the Lease
Period.
4. Title to Equipment. Except as otherwise provided herein, title to each item of Equipment will at all times remain in the
Lessor. The Lessor will be permitted to display notice of the Lessor’s ownership of the Equipment by affixing to each item of
Equipment an identifying stencil or plate or any other indicia of ownership. Lessee covenants and agrees that Lessee shall keep the
Equipment free and clear of all liens and encumbrances.
5. Removal, Inspection, and Return of Equipment.
5.1 The Lessor will have the right, upon reasonable prior notice to the Lessee, to inspect the Equipment at the
premises of the Lessee or wherever the Equipment may be located.
5.2 If the Lessee ceases to use the Equipment, then the parties hereto can mutually agree in writing (email being
acceptable) that Lessee will, at its expense, store any Equipment on Lessee’s premises or such other location under Lessee’s
control that is used as a location for the storage of similar equipment, provided that Lessee does not use the Equipment during
such storage period (a “Temporary Cessation”). During such Temporary Cessation, all terms and conditions of this Agreement
shall apply (including risk of loss, maintenance, repair, etc.), and Lessee shall comply with all of the terms and conditions of this
Agreement, except for the obligation for Lessee to make Lease Payments.
6. Maintenance and Repair.
6.1 Unless otherwise agreed to by the Parties in writing, the Lessee will be responsible for the maintenance of each
item of Equipment and all additions, attachments and Accessories to ensure that all items of Equipment will be maintained in
good mechanical condition and running order at all times during the Term, but, subject to complying with the Maintenance
Schedule provided with Equipment {if applicable), Lessee will not be responsible for normal wear and tear, or depreciation.
Lessee will promptly provide Lessor notice of any damage or lost Equipment (including Accessories), and will be responsible for
the cost of the repair or replacement of such Equipment as directed by Lessor. No additions, attachments, accessories or repairs
will be made to the Equipment without prior written approval by the Lessor. All approved additions, attachments, accessories,
and repairs at any time made to or placed upon the Equipment will become part of the Equipment and will be the property of
the Lessor, all such additions, attachments or accessories shall be free and clear of any liens or encumbrances, and none of such
costs will be applied to or offset against Lease Payments. The Lessor will deliver to the Lessee a copy of any warranty agreement
it may receive from the manufacturer of any item of Equipment, and the Lessee will comply with all of the conditions of such
warranty required to be performed by the Lessor.
6.2 Notwithstanding anything herein to the contrary, and without limiting the foregoing, Lessee will be responsible for
providing the maintenance set forth in the Maintenance Schedule based on the duration of the Term, at the times and in the
manner set forth in the Maintenance Schedule. Lessee will provide Lessor with evidence of any required maintenance, and will
also maintain records and logs of such maintenance to be delivered to Lessor upon return of the Equipment and which may be
accessed by Lessor at any time upon reasonable prior request. For the avoidance of doubt, Lessee’s failure to comply with the
Maintenance Schedule will constitute a material breach of this Agreement and default hereunder, and in the event Lessee fails
to comply with the Maintenance Schedule, Lessor may, among other remedies, require Lessee to suspend its use of the
Equipment until such maintenance is performed, and may access the Equipment for the purpose of performing such
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7 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
maintenance (including by taking possession of the Equipment for purposes of transporting it to a location for such maintenance
to be performed) at the sole cost and expense of Lessee.
6.3 Notwithstanding anything herein to the contrary, Lessor may elect, in lieu of performing maintenance or any repair
on the Equipment identified on the Cover Page, or for any other reason, to take possession of such Equipment and provide
Lessee with replacement equipment that is substantially similar in functionality and condition to the Equipment (“Replacement
Equipment”). In the event Lessor elects to provide Lessee with Replacement Equipment, Lessor shall provide Lessee with an
addendum to this Agreement which specifically references the Contract Number and that contains an updated Description of
Equipment, and such addendum shall become a part of and subject to, and shall amend, this Agreement in all respects, and such
Replacement Equipment shall be deemed “Equipment” for all purposes hereunder.
7. Risk of Loss and Insurance. All risk of loss or damage to each item of Equipment will be borne by the Lessee. The Lessee will
at its own expense keep each item of Equipment insured against fire with extended coverage, and against all other risks, including
loss, theft and damage, in each case at the full value of the Equipment (as set forth on the Cover Page), and with insurance
companies qualified to do business in the state in which the Equipment may be located, with insurance proceeds, if any, payable to
the Lessor. Lessee will name Maxwell Equipment Company Incorporated as an Additional Insured and Loss Payee and provide a
Certificate of Insurance to Lessor upon request, and will provide Lessor with a thirty (30) calendar day prior Notice of cancellation.
8. Damage to Equipment. The Lessee will have the responsibility for the repair of any Equipment damaged by Lessee or its
agents, and the Lessee will (a) promptly provide Lessor with notice of any such damage and (b) unless Lessor elects to provide
Replacement Equipment pursuant to Section 6.3, Lessee will repair or cause such Equipment to be repaired promptly after the
damage.
9. UCC True Lease, Taxes, etc.
9.1 The Parties intend that this Agreement constitutes a true lease under applicable law, including the Uniform
Commercial Code as in effect in the State of Utah from time to time (the “UCC”) and not a sale of the Equipment subject to a
security interest under Chapter 9a of the UCC. Lessor retains title to the Equipment at all times. Lessee acquires no ownership,
title, property, right, equity or interest in the Equipment other than its leasehold interest and the right of Lessee and its
competent employees to use or operate the Equipment subject to all the terms and conditions of this Agreement. Lessee hereby
expressly waives any rights, benefits or protection given to it by the laws, present or future, of any jurisdiction, in favor of
conditional sales Lessees or bailees.
9.2 The Parties intend and agree that, if this Agreement is recharacterized under applicable law as a secured financing
or a lease intended for security, this Agreement shall be deemed a security agreement and Section 1 hereof shall be deemed to
grant Lessor by Lessee a lien on and first priority security interest in the Equipment and all proceeds thereof, to secure the
payment of Lessee’s obligations under this Agreement. Lessor and Lessee each agree to execute, acknowledge, deliver, file, and
record, or cause to be executed, acknowledged, delivered, filed, and recorded such further documents (including without
limitation UCC financing statements), and to do all such things and acts, necessary to ensure that such security interest would be
a perfected first priority security interest under applicable law.
9.3 The Lessee will pay all sales taxes, use taxes, excise taxes, personal property taxes, assessments, ad valorem taxes,
stamp and documentary taxes, and all other governmental charges, fees, fines, or penalties whatsoever, whether payable by the
Lessor or the Lessee or others, on or relating to the Equipment or the use, registrations, rental, shipment, transportation,
delivery, or operation thereof, other than federal or state income and franchise taxes of the Lessor, and on or relating to this
Agreement and any schedules executed in connection with this Agreement, and will file all returns required therefor and furnish
copies thereof to the Lessor. The Lessor will cooperate with the Lessee and furnish the Lessee with any information available to
the Lessor in connection with the Lessee’s obligations under this Section 9.
10. Lessor's Indemnity. The Lessee will indemnify, defend, protect, and save and hold harmless the Lessor, affiliates, and its and
their respective directors, officers, employees, advisors and other agents, and their respective successors, and assigns, from and
against all losses, damages, injuries, claims, demands, and expenses, including legal expenses, of whatsoever nature, arising out of
the use, condition (including, but not limited to, latent and other defects and whether or not discoverable by it), or operation of any
item of Equipment, regardiess of where, how, and by whom operated, or any breach of any representation, warranty or covenant of
Lessee hereunder; or, in the event the Lessee will be in default hereunder, arising out of or resulting from the condition of any item
of Equipment sold or disposed of after use by the Lessee. The indemnities and assumptions of liabilities and obligations herein
provided for will continue in full force and effect notwithstanding the termination of this Agreement, whether by expiration of time,
by operation of law, or otherwise. The Lessee is completely independent of Lessor and nothing contained in this Agreement will
authorize the Lessee or any other person to operate any item of Equipment so as to impose any liability or obligation for or on behalf
of the Lessor.
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8 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
11. Assignment and Sublease. The Lessee may not sublease any item of Equipment. Lessee will not assign or delegate this
Agreement or any of its rights or obligations hereunder without the written consent of the Lessor.
12. Assignment by Lessor. For the purpose of providing funds for financing the purchase of Equipment hereunder, or for any
other purpose, the Lessor may assign all its right, title, and interest in and to each item of Equipment and moneys due and to
become due to the Lessor hereunder to any financial institution authorized to do business in any state of the United States. In such
event, all the provisions of this Agreement for the benefit of the Lessor will inure to the benefit of and may be exercised by or on
behalf of such financial institution, and all lease payments due and to become due under this Agreement and assigned to such
financial institution will be paid directly to such financial institution, and the right of such financial Institution to the payment of
assigned leases hereunder will not be subject to any defense, counterclaim, or setoff which the Lessee may have against the Lessor,
but will be limited to any defense the Lessee or the Lessor may have against such financial institution.
13. Lessor’s Disclaimers and Warranties. As to each item of Equipment to be leased hereunder, the Lessor warrants that it is
and will be the sole and absolute owner thereof, that it has the right to lease the same to the Lessee, that the same is free of all
encumbrances at the time of delivery to the Lessee (except a lien, or security interest, if any, given or hereafter given to a financial
institution pursuant to Section 12), that the Lessor will keep each item of Equipment free of all other liens, security interests, and
encumbrances, that it will not sell, assign (except to such financial institution), lease, or otherwise dispose of the same, and that it
will do nothing to disturb the Lessee's full right of possession and enjoyment thereof and the exercise of all of the Lessee's rights
with respect thereto as provided by this Agreement.
13.1 Lessor hereby provides no warranty on parts for failure(s) due to defects in material and/or workmanship.
WITHOUT LIMITING THE FOREGOING, iN NO EVENT SHALL Lessor BE LIABLE TO Lessee FOR LOSSES BASED UPON DOWNTIME,
OVERHEAD, LOST LABOR, DAMAGES TO MACHINERY, SPOILAGE, LOST PRODUCTION OR PROFITS OR PUNITIVE OR
CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED IN
THIS AGREEMENT. Lessor SHALL NOT BE LIABLE FOR ANY OTHER FAILURES OR DEFECTS. Lessor MAKES NO WARRANTY WITH
RESPECT TO ANY SERVICES AND SUCH SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
13.2 EXCEPT AS SPECIFICALLY SET FORTH HEREIN, Lessor HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES
AND CONDITIONS (INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE), AND ANY AGREEMENTS, REPRESENTATIONS, AFFIRMATIONS, OR WARRANTIES, WHETHER ORAL OR
WRITTEN, MADE BY ANY AGENT, EMPLOYEE OR REPRESENTATIVE OF Lessor, UNLESS SPECIFICALLY SET FORTH IN THIS SECTION
13 OR SPECIFICALLY INCORPORATED HEREIN BY REFERENCE.
14. Lessee’s Representations and Warranties Regarding Condition of Equipment. The Lessee represents and warrants that: 1)
the Equipment covered by this Agreement is acceptable to it in its present condition, “as is”; and 2) other than as specifically set
forth in the Agreement, the Lessor has made no representation or warranty of any kind, nature, or description, express or implied,
with respect to the Equipment.
15. Lessor's Default. In the event the Lessor fails or is unable to perform its obligations hereunder; or in the event the Lessor's
interest in any item of Equipment will be levied upon, or taken in execution, or subjected to encumbrances other than permitted by
Section 12, or in the event the Lessor becomes insolvent or bankrupt or makes an assignment for the benefit of creditors or consents
to the appointment of a trustee or a receiver, or a trustee or receiver is appointed for the Lessor or a substantial part of its property
without its consent, or if bankruptcy, reorganization, arrangement, insolvency, or liquidation proceedings are instituted by or against
the Lessor, then, and in any such event, the Lessee may terminate this Agreement. All Equipment remains the Lessor's property and
may be removed by Lessor at any time after termination of this Agreement.
16. Lessee’s Default. The following events will constitute defaults on the part of the Lessee hereunder:
16.1 The failure of the Lessee to pay any installment of a Lease Payment on or before the date on which the same will
become due;
16.2. Any breach or failure of the Lessee to observe or perform any of its other obligations hereunder;
16.3. The insolvency or bankruptcy of the Lessee or the making by the Lessee of an assignment for the benefit of
creditors, or the consent of the Lessee to the appointment of a trustee or receiver, or the appointment without its consent of a
trustee or receiver for the Lessee or for a substantial part of its property; or
16.4 The institution by or against the Lessee of bankruptcy, reorganization, arrangement, or insolvency proceedings.
Upon the occurrence of any such default, the Lessor may, at its option and without Notice to or demand on the Lessee,
declare this Agreement in defauit, terminate this Agreement, and thereupon all Equipment and all rights of the Lessee therein
will be surrendered to the Lessor, or exercise any other right or remedy available to Lessor at law, in equity, by statute, or
Page 4 of 6
9 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
otherwise. The Lessor may, by the Lessor's agents, take possession of the Equipment wherever found, with or without process of
law, and for this purpose may enter upon any premises of the Lessee without liability for suit, action, or other proceedings by
the Lessee and remove the same. The Lessor may hold, use, sell, lease, or otherwise dispose of the Equipment or any item of
Equipment if the Lessor so chooses, without affecting the obligation of the Lessee as provided in this Section 16. If the Lessee
fails to deliver any item of Equipment as provided in this Section 16, or converts or destroys any item of Equipment, the Lessor
may hold the Lessee liable for a sum equal to the pre-lease fair market value of such items of Equipment, which the Lessee will
forthwith pay the Lessor.
With respect to Equipment returned to the Lessor or repossessed by the Lessor, the Lessor will be entitled in addition to
the net amounts realized by the Lessor through the sale, lease, or other disposition thereof, to all gains and all profits prevented,
or damages sustained including its claim in any insolvency proceedings, as follows: (1) all Lease Payments due and unpaid; and
{2) all sums to become due as Lease Payments for all items of Equipment to the end of the respective Term, had they not been
terminated by the Lessor, less the re-lease or other value thereof which the Parties agree will be 50% of such sums to become
due to the end of the Term. The Parties acknowledge that in determining these liquidated damages they have considered the
Lessor's investment, the uncertainties of leasing to others, the cost incurred while the items of Equipment may remain idle, or if
the same are sold, the uncertainty of the sale price, the commissions and other expenses of sale, and the Parties have also given
due consideration in calculating such liquidated damages to any savings resulting from the fact the Lessor need no longer furnish
any services to the Lessee hereunder. Should the Lessor, however, estimate its actual damages to exceed the amount above set
forth, the Lessor may, at its option, take such steps as it deems advisable to establish its actual damages in lieu of its reliance
upon this provision for liquidated damages. Any repossession or resale of any item of Equipment will not bar an action for a
deficiency as above provided, and the bringing of an action or the entry of judgment against the Lessee will not bar the Lessor's
right to repossess any or all items of Equipment.
If Lessee is in default, Lessor may, in its sole discretion, make any payment or perform any obligation on behalf of
Lessee or take any action that Lessor in Lessor's sole discretion deems necessary to maintain and preserve any or all of the
Equipment and Lessor's interests therein. Lessor's payment, performance of such obligation, or taking of such action shall not be
a waiver by Lessor of any default or a release of Lessee by Lessor. Lessee shall pay immediately on demand to Lessor all sums so
paid by Lessor and any expenses (including legal fees and costs) incurred by Lessor in connection with Lessor's payment,
performance of such obligation, or taking of such action.
The remedies set forth in this Section 16 or elsewhere in this Agreement are cumulative and not exclusive, and the
exercise by Lessor of any right or remedy does not preclude the exercise by Léssor of any other rights or remedies that may now
or subsequently be available to Lessor at law, in equity, by statute, in any other agreement between the parties hereto, or
otherwise.
17. Surrender. Upon the Return Date or the earlier expiration or termination of this Agreement, Lessee will return the
Equipment to Lessor in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone
excepted, by delivering the Equipment at Lessee's cost, risk and expense to such place as Lessor will specify within the city or county
in which the same was located at the commencement of this Agreement. Upon return of the Equipment, Lessee shall deliver to
Lessor all records relating to the Equipment, including maintenance records, logs, certificates, and data in Lessee’s possession or
required to be maintained by applicable law.
18. Governing Law and Dispute Resolution, This Agreement and all exhibits and schedules attached hereto, and all matters
arising out of or relating to this Agreement, are governed by, and construed in accordance with, the laws of the State of Utah, United
States of America, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or
permit the application of the laws of any jurisdiction other than those of the State of Utah.
18.1 Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of
any kind whatsoever against the other party in any way arising from or relating to this Agreement, Schedules, and exhibits
attached hereto, and all contemplated transactions, including, but not limited to, contract, equity, tort, fraud, and statutory
claims,.in any forum other than the courts of the State of Utah sitting in Salt Lake County, Utah, United States of America, and
any appellate court from any thereof. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such
courts and agrees to bring any such action, litigation, or proceeding only in United States District Court for the District of Utah or,
if such court does not have subject matter jurisdiction, the courts of the State of Utah sitting in Salt Lake County. Each Party
agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions
by suit on the judgment or in any other manner provided by law.
18.2 EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT |S
LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND
Page 5 of 6
10 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR
RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
19. Attorney's Fees. In the event attorney's fees or other collection or litigation costs are incurred by Lessor in the enforcement
or interpretation of this Agreement, Lessee agrees to pay all such costs whether or not legal proceedings are instituted. If the
Lessee’s account is turned over to a debt collection agency, the Lessee agrees to pay a fee of 40% of the past due amount in addition
to any interest or attorney’s fees that may accrue.
20. Severability. Notwithstanding anything to the contrary herein, the invalidity or unenforceability of any provision of this
Agreement will not affect the validity and enforceability of any other provision of this Agreement; provided, however, that in the
event the invalidity or unenforceability of any provision of this Agreement has a material adverse effect on any of the rights or
obligations of Lessor, Lessor will have the right to terminate this Agreement, without any further liability, by providing Notice of
termination.
21. Entire Agreement. This Agreement, including any cover page, exhibit, schedule or addendum hereto, contains the entire
understanding of the Parties, and such understanding may not be modified or terminated except in writing signed by the Parties and
by any proper sublessee or assignee.
22. Relationship of the Parties. Nothing herein creates a joint venture or partnership between the Parties, or an
employee/employer relationship. Unless otherwise specified herein, neither Party has any express or implied right or authority to
assume or create any obligations on behalf of or in the name of the other party or to bind the other Party to any contract,
agreement, or undertaking with any third party.
23. Waiver. No term or condition contained herein will be deemed waived and no breach excused, unless such waiver or
consent is in writing and signed by the Party to be charged. Any consent or waiver, whether expressed or implied, will not constitute
a waiver or consent to any different or subsequent breach.
24. Notice. Each Party will deliver all notices, requests, consents, claims, demands, waivers, and other communications under
this Agreement (each, a “Notice”) in writing and addressed to the other Party at its address set forth on page one of this document
(or to such other address that the receiving party may designate from time to time in accordance with this Section 24). Each Party
will deliver all Notices by personal delivery, nationally recognized overnight courier (with all fees pre-paid) or certified or registered
mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective
only (a) on receipt by the receiving Party, and (b) if the Party giving the Notice has complied with the requirements of this Section 24.
25. Counterparts. This Agreement may be executed in multiple counterparts, each of which will be considered a valid
instrument, and all of which, when taken together, will constitute one and the same instrument. Photocopy or e-signatures, and
signatures sent via facsimile or e-mail will be valid as original.
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Page 6 of 6
11 SIONERS' - MEETING SEPTEMBER 29, 2026
BANNOCK County COMMISSIONERS
Gay bh, Cen Pocatello, ID yao
Phone: | i-pato © Fax: (
Ernie Moser Jere HoucH — Ken Buttock
Commissioner Com ssioner Commissioner
Ist District 2Qud District Srd District
AGENDA REQUEST FORM
The Board of Bannock County Commissioners meetings are generally held on Tuesdays and Thursdays at 9:00 AM in the
Commissioners' Chambers in the Bannock County Courthouse, 624 E. Center St. Room 119, Pocatello, Idaho, or as noticed 48
hours prior to the meeting at https:/Awww. bannockcounty.gov/commissioners. Agenda times are subject to change withing 15
minutes of scheduled time. Any person(s) needing special meeting accommodations should contact the Commissioners' Office at
208-236-7210, five working days before the meeting.
Email this completed form and any supporting documents to: agendarequest@bannockcounty.gov
Meeting Date Requested: September 29, 2026
Requestor Name: Jason Dye Department: Courts
Item to be considered/background:
Statute required each county to have a law library for citizens to access. ISU has hosted
the Bannock County Law Library for the past several years through vLex on one of their
computers. | am asking for a renewal of the vLex contract in order to continue services.
Action Requested: Signature Only Amount of Time Requested: 5 Minutes
Financial Impact (Total Cost/Funding Source):
The invoice is $2,976.75 to be paid out of the District Court Fund 126235-81100
Does this item involve a contract, agreement, external funding application, or award
acceptance?
P Contract
Has the item been submitted to/reviewed by Legal? | V7 |YES | INO
Has the item been reviewed by Risk Management? | lYES |¥ INO [wa
Are all supporting documents included? | 7 |YES NO [Inva
Has the item been reviewed by Auditing? |¥ |YES NO
List of additional attendees:
Please include any supporting documents with your Agenda Session Request Form.
Commissioner Office Only:
Date: | [29 heine:
ORDER FORM
Bannock County Law Library
130 N 6TH AVE
POCATELLO, ID 83201
United States
Quote Date: 9 September 2026
Quote ID: 42949480739
Payment Method:
Start Date: 31 October 2026
Contract Length (in Months): 12
Billing Schedule:
VLEX, LLC (US)
1450 Brickell Ave, Suite 2080
Miami, FL 33131
United States
Prepared by: Julianna Pinzon
Email Address: julianna.pinzon@clio.com
Deal Amount
$2,976.75
ITEM
vLex United States Core (Corporate Edition)
Comments
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
1. INTERPRETATION
i.
Definitions. The following definitions apply in this Agreement.
1. “Acceptable Use Policy” means Clio’s acceptable use policy
available at clio.com/enterprise/acceptable-use, as updated
from time to time in accordance with its terms.
2. “Affiliates” means in respect of each party is any entity that
at the relevant time directly or indirectly, through one or
more intermediaries, controls or is controlled by, or is under
common control, with that party.
3. “Agreement” means this Clio Enterprise Subscription
Agreement, schedules, exhibits, addenda or policies
referenced herein.
4. “AI Services” has the meaning ascribed to it in the PST for
AI Services.
5. “Authorized Users” means natural persons authorized by
Customer to access and use the Services under a User
Subscription, in accordance with Clause 3.2 (Authorized
Users; External Users).
6. “Beta Services” means features, functionality, products, or
services that are designated by Clio as “pilot”, “proof of
concept”, “POC”, “trial”, “beta”, “preview,” “early access,” or
similar, and that are made available to Customer for
evaluation, or for testing purposes prior to general
commercial release.
7. “Business Day” means a day other than a Saturday,
Sunday, or federal public holiday in the jurisdiction in which
the party required to perform the relevant obligation is
located.
8. “Clio” means the entity identified as ‘Clio’ or the Service
provider in the applicable Order Document.
9. “Confidential Information” means any information disclosed
by a party (“Discloser”) to the other party (“Recipient”) which
has been designated as confidential or that reasonably
should be considered as confidential. Confidential
Information includes all information which relates to the
business, affairs, finances, properties, assets, trading
practices, services, developments, designs, trade secrets,
know-how, technical data, personnel, and customers of
Customer or Clio (as the case may be). Confidential
Information of Customer includes Customer Data;
Confidential Information of Clio includes the Services and
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
Content, and the terms and conditions of this Agreement
and all Order Documents (including pricing). Confidential
Information does not include any information that (i) is or
becomes generally known to the public without breach of
any obligation owed to the Discloser, (ii) was known to the
Recipient prior to its disclosure by the Discloser without
breach of any obligation owed to the Discloser, (iii) is
received from a third party without breach of any obligation
owed to the Discloser, or (iv) was independently developed
by the Recipient.
10.
“Content” means information and materials, such as
but not limited to case law, legislation, articles or other legal
content, obtained by Clio from publicly available sources or
its third-party content providers and made available to
Customer through the Services or pursuant to an Order
Document.
11.
“Customer Data” means the electronic data and
information inputted or uploaded into the Services by or for
the Customer, excluding Content and Third Party Services.
12.
“Customer Personal Data” has the meaning given to it
in the Data Processing Agreement.
13.
“Customer-Reseller Agreement” has the meaning
ascribed to it in Clause 2.4 (User Subscriptions Through
Resellers).
14.
“Data Processing Agreement” means the data
processing agreement applicable to Customer’s use of
Services, as identified in Clause 8.1 (Data Processing
Agreement).
15.
“Effective Date” means the date of acceptance of this
Agreement by the Customer or such earlier or later date as
may be specified in the Order Document governing the
relevant subscription term.
16.
“External Users” has the meaning given to it in Clause
3.2 (Authorized Users; External Users).
17.
“Force Majeure Event” means any circumstances not
within a party’s reasonable control, including but not limited
to an act of war or hostility or terror; act of God; civil unrest;
strike or labor problem (other than one involving the
employees of the obligated party); electrical, internet, or
telecommunication outage that is not caused by the
obligated party; government restrictions; pandemic; denial
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
of service attacks; and Third Party Services where Clio is
the obligated Party.
18.
“Intellectual Property Rights” means existing and
future registered and unregistered rights granted, applied
for or otherwise in existence under or related to any patent,
copyright, trademark, trade secret, database right or other
intellectual property laws, and all similar or equivalent rights
or forms of protection, in any part of the world.
19.
“Losses” means all damages, liabilities, deficiencies,
judgements, settlements, interest, awards, penalties, fines,
costs, or expenses of whatever kind, including reasonable
legal fees.
20.
“Order Document” means the quote, order form or
online order entered into between the parties or any of their
Affiliates which sets out details of the User Subscriptions to
be purchased by the Customer. By entering into an Order
Document, an Affiliate agrees to be bound by the terms of
this Agreement as if it were an original party hereto. Where
Customer procures User Subscriptions through a Reseller,
the corresponding details shall be set out in the Customer-
Reseller Agreement, and any reference in this Agreement to
the Order Document shall be read as a reference to the
Customer-Reseller Agreement.
21.
“Output” has the meaning given to it in the Product
Specific Terms for AI Services.
22.
“Product Specific Terms”, or “PST”, means additional
product-related terms that apply to Customer’s use of
specific Services or Content, available at
clio.com/enterprise/product-specific-terms, as updated from
time to time in accordance with their terms.
23.
“Reseller” means a third party authorized by Clio to
market and sell User Subscriptions to customers under a
Customer-Reseller Agreement.
24.
“Security Policy” means Clio’s standard information
security policy available at clio.com/enterprise/security-
policy, as updated from time to time in accordance with
Clause 14.3 (Amendment).
25.
“Services” means Clio’s web-based applications, tools
and platforms that Customer subscribes to under an Order
Document or online ordering portal, including any
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
associated offline or mobile components. Services exclude
Content and Third Party Services.
26.
“Subscription Term” means the term of each User
Subscription as specified in the applicable Order Document,
together with any renewal term described in Clause 13
(Term and Termination).
27.
“Support Services” means the support services
relating to the Services provided by Clio, or, where
applicable, by a Reseller.
28.
“Support Services Policy” means Clio’s standard
policy for Support Services and uptime commitments
relating to the Services available at
clio.com/enterprise/support-policy, as such policy may be
amended from time to time in accordance with Clause 14.3
(Amendment).
29.
“Takedown Policy” means Clio’s policy setting out
Clio’s notice-and-action processes and Customer’s related
obligations under applicable law, including the United States
Digital Millennium Copyright Act, the EU Digital Services
Act, and applicable UK law, which can be found at
clio.com/enterprise/takedown-policy, and may be updated
from time to time in accordance with its terms.
30.
“Third Party Services” means Web-based, mobile,
offline or other software functionality that interoperates with
a Service and is provided by Customer or a third party.
31.
“Usage Data” has the meaning given to it in Clause
2.5 (Usage Data).
32.
“User Subscriptions” means the user subscriptions
purchased by the Customer for the applicable Services
pursuant to an Order Document which entitle Authorized
Users to access and use the Services in accordance with
this Agreement.
33.
“Virus” means any software, code, file, script or
program which is intended to prevent, impair or otherwise
adversely affect the operation of any computer software,
hardware or network, any telecommunications service,
equipment or network or any other service or device, or
adversely affect the user experience, including for example
worms, trojan horses, and viruses.
ii.
Headings. Clause, schedule and paragraph headings shall not
affect the interpretation of this Agreement.
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
iii.
Order of Precedence. In the event of any conflict between the
documents forming part of this Agreement, the following order of
precedence shall apply: (1) with respect to the processing of
personal data, the applicable Data Processing Agreement, (2) any
Order Document, but only as to that Order Document; (3) the
main body of this Agreement; (4) the Acceptable Use Policy,
Security Policy, Support Services Policy, and any Product Specific
Terms; (5) any other document incorporated by reference.
2. PROVISION OF SERVICES
i.
Access to Services and Content. Subject to the terms and
conditions of this Agreement, Clio will make the Services and
Content available to Customer pursuant to this Agreement and
the applicable Order Document(s), to permit Customer’s
Authorized Users to access and use the Services, Content and
the Documentation.
ii.
Uptime and Support. In accordance with the Support Services
Policy, Clio will (i) provide applicable standard support for the
Services and/or upgraded support if purchased, and (ii) use
commercially reasonable efforts to make the Services available
24 hours a day, 7 days a week, except for planned downtime.
Such obligations do not extend to service issues or outages
caused by Force Majeure Events. For clarity, any service credits
or remedies described in the Support Services Policy shall be
Customer’s sole and exclusive remedy for any breach of Clio’s
responsibilities under such Support Services Policy. Where Clio
makes available important updates or new versions of the Service
or components, Clio makes no commitments or guarantees with
respect to outdated versions of the Services.
iii.
Protection of Customer Data. Clio will maintain appropriate
administrative, physical, and technical safeguards for protection of
the security, confidentiality and integrity of Customer Data, as
described in the Security Policy. Those safeguards will include,
but will not be limited to, measures designed to prevent
unauthorized access to or disclosure of Customer Data (other
than by Customer or Authorized Users). To the extent any
Customer Data constitutes “Customer Personal Data” has the
meaning given to it in the applicable Data Processing Agreement.
Personal Data, its processing shall be governed in accordance
with Clause 8 (Data Privacy). Upon request by Customer made
within 60 days after the effective date of termination or expiration
of this Agreement (“Post-Termination Period”), Clio will either
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
provide or make Customer Data available to Customer for export
or download in Clio’s standard export format(s). After the Post-
Termination Period, Clio will have no obligation to maintain or
provide any Customer Data, and will delete or destroy all copies
of Customer Data in its possession or control in accordance with
its data retention practices or as required by applicable law,
whichever is sooner, except: (a) for any copies of Customer Data
that exist solely in backup or archival form or (b) as necessary to
comply with applicable law.
iv.
User Subscriptions Through Resellers.
a. Where Customer purchases User Subscriptions through a
Reseller, the agreement between the Reseller and
Customer (the “Customer-Reseller Agreement”) applies and
shall prevail with respect to the products and services
purchased. No representation or commitment made by a
Reseller shall bind Clio unless expressly agreed in writing
by Clio. Clio shall have no liability of any kind arising out of
or related to any Reseller’s acts, omissions, services or
terms of sale, and any rights or claims of Customer in
connection therewith shall be brought solely against the
Reseller.
b. Support Services shall be provided by the Reseller as
Customer’s primary point of contact. The Reseller may
escalate requests to Clio, which shall act as subcontractor
to the Reseller for that purpose, and may share Customer
information with Clio accordingly.
c. Additional subscriptions or services may be purchased
through the Reseller at its applicable fees and governed by
the Customer-Reseller Agreement. Notwithstanding the
foregoing, Clio retains the right to charge for usage in
excess of purchased User Subscriptions in accordance with
Clause 5(Fees and Payment), with such charges flowing
through the Reseller.
v.
Usage Data. Clio may collect and use information reflecting the
access, interaction, or use of the Services by or on behalf of
Customer, including signals detected by automated systems
reflecting the performance or limitations of the Services (“Usage
Data”). Clio may use Usage Data for the purposes of operating,
maintaining, improving, and developing the Services and Clio’s
products and services. For the avoidance of doubt, Usage Data
does not include Customer Data, Output or Content.
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
vi.
No Training on Customer Data. Neither Clio nor its subprocessors
may train any artificial intelligence or machine learning model on
Customer Data or Output, except pursuant to Customer’s
documented instructions.
vii.
Professional Services. Professional services (including but not
limited to implementation, data migration, and training, but
specifically excluding Support Services) are not governed by this
Agreement. Where such professional services are provided by
Clio, they are subject to Clio’s then-applicable Professional
Services Terms. Where provided by a Reseller or other third
party, Clio shall have no liability or obligations arising therefrom.
3. USE OF SERVICES
i.
User Subscriptions. Unless otherwise provided in the applicable
Order Document, Services and access to Content are purchased
as User Subscriptions for the term set out in the Order Document.
Additional User Subscriptions may be added during a
Subscription Term at the then ongoing per-unit price for such
subscription, prorated for the remainder of the then current
Subscription Term, and will expire on the same date as the
existing User Subscriptions. Customer agrees that its purchases
are not contingent on the delivery of any future functionality or
features of the Services.
ii.
Authorized Users; External Users.
a. Authorized Users may include employees, consultants,
contractors, agents, or (where permitted) third parties with
whom Customer transacts business, provided that the total
number of Authorized Users does not exceed the number of
User Subscriptions purchased. Customer is responsible for
ensuring each Authorized User is assigned unique login
credentials. Where the number of Authorized Users
exceeds the purchased User Subscriptions at any time,
Customer must promptly execute an Order Document for
any excess and pay any resulting invoice in accordance
with Clause 5 (Fees and Payment). Customer will observe
and enforce any limits on Authorized Users as specified in
the applicable Order Document or otherwise communicated
by Clio at or prior to the issuance of the applicable User
Subscription.
b. Customer may grant access to individuals who are not its
employees or contractors but who are authorised to use the
Services in connection with a specific engagement or
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
matter, such as counterparties, co-counsel, or other
professionals collaborating on a transaction or matter for the
benefit of Customer or its clients (“External Users”). For the
avoidance of doubt, External Users may not access the
Services independently of Customer’s participation in the
relevant matter. Customer may not grant External User
access as a means of providing the Services, or the benefit
thereof, to a third party as a standalone offering.
iii.
Customer Responsibilities. Customer will: (a) be responsible for
its and its users’ compliance with this Agreement and Order
Documents; (b) be responsible for the accuracy, quality and
legality of Customer Data, the means by which Customer
acquired Customer Data, Customer’s use of Customer Data with
the Services, and the interoperation of any Third Party Services
with which Customer uses Services or Content; (c) use
commercially reasonable efforts to prevent unauthorized access
to or use of Services and Content, and notify Clio promptly of any
such unauthorized access or use; (d) comply with the Acceptable
Use Policy and applicable laws and government regulations; and
(e) comply with terms of service of any Third Party Services with
which Customer uses Services or Content.
iv.
Suspension. Any use of the Services in breach of the foregoing by
Customer or its users that in Clio’s judgment threatens the
security, integrity or availability of Clio’s products and services,
may result in Clio’s immediate suspension of the Services,
provided that Clio will use commercially reasonable efforts under
the circumstances to provide Customer with notice and an
opportunity to remedy such violation or threat prior to any such
suspension. Following any such suspension, Clio will use
commercially reasonable efforts to reinstate the Services as soon
as practicable after Clio determines, in its reasonable discretion,
that the underlying threat or breach has been resolved.
v.
Restrictions on Use. Customer will not: (a) make any Service or
Content available to anyone other than Customer or Authorized
Users; (b) sell, resell, license, sublicense, distribute, rent, or lease
any Service or Content; (c) use a Service or Third Party Service to
store or transmit infringing, libelous, privacy-violating or otherwise
unlawful or tortious material or any Virus or to store or transmit
material in violation of third-party privacy rights; (d) use a Service
or Third Party Service to store or transmit Viruses; (e) interfere
with or disrupt the integrity or performance of any Service or third-
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
party data contained therein; (f) attempt to gain unauthorized
access to any Service or Content or its related systems or
networks; (g) permit direct or indirect access to or use of any
Services or Content in a way that circumvents a contractual usage
limit, or use any Services to access, copy or use any of Clio’s
intellectual property except as permitted under this Agreement or
in an Order Document; (h) modify, translate, or create derivative
works of a Service or any part, feature, function or user interface
thereof; (i) remove any proprietary notices or labels; (j) copy or
reproduce Content except as expressly permitted in this
Agreement or in an Order Document; (k) reverse engineer,
decompile, disassemble or otherwise attempt to uncover or
discover the source code, object code or underlying structure,
ideas, know-how or algorithms relevant to the Services or any
software, documentation or data related to the Services; or (l) use
the Services, Content, or any data or information derived
therefrom, to develop, train, fine-tune, or otherwise improve any
artificial intelligence or machine learning model, system, or
algorithm, whether directly or through a Third Party. For the
avoidance of doubt, Clio expressly reserves its rights under Article
4(3) of Directive (EU) 2019/790 (the “DSM Copyright Directive”)
in respect of all Content accessible through the Services.
vi.
Third Party Services. The Services may allow Customer to
access, use or integrate with Third Party Services. Such Third
Party Services are not part of the Services and are not subject to
any terms related thereto herein, including related warranties,
indemnities, service commitments or other obligations. The
availability of any Third Party Services through a Service does not
imply Clio’s endorsement of or affiliation with the provider. Access
to and use of any Third Party Services are subject to the separate
terms and conditions required by the providers of the Third Party
Services. Clio does not control the Third Party Services and will
have no liability to Customer in connection with any Third Party
Service, and Clio is not responsible for any disclosure,
modification or deletion of Customer Data resulting from access
by a Third Party Service or its provider. Clio has no obligation to
monitor or maintain the continued availability of any Third Party
Service or integrations with a Third Party Service, and Clio may
replace, disable or restrict access to any Third Party Service or
cancel related integrations at any time, without notice.
4. PRODUCT SPECIFIC TERMS.
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
i.
Product Specific Terms are intended to highlight some of the
important things about using different Services or Content. The
Product Specific Terms form part of this Agreement and are
hereby incorporated therein.
ii.
Beta Services. Clio may make Beta Services available to
Customer from time to time, and Customer may choose to try
such Beta Services in its sole discretion. Beta Services are
provided “as is”, without warranty of any kind, and without service
levels or support obligations unless otherwise expressly stated.
Clio may suspend, limit, or terminate the Beta Services for any
reason at any time without notice. Clio will not be liable to
Customer for damages of any kind, except in respect of losses
that cannot be legally limited or excluded under law, related to
Customer’s use of the Beta Services. Clio may require
participation in Beta Services to be confidential. Clio might also
require Customer to provide feedback about the use of the Beta
Services.
5. FEES AND PAYMENT
i.
Fees. Customer will pay all fees specified in the Order
Documents. Except as otherwise specified herein or in an Order
Document, fees are based on Services and Content subscriptions
purchased and not actual usage, payment obligations are non-
cancelable, and fees paid are non-refundable. Quantities
purchased cannot be decreased during the relevant Subscription
Term and, any subscription downgrades will not result in any
refunds or reductions in fees during the then-ongoing term, even if
functionality exists in a Service to reduce the number of User
Subscriptions or products subscribed.
ii.
Reseller. If Customer has procured access to the Services
through a Reseller, all fees and payment terms shall be governed
by the Customer-Reseller Agreement. Clio will have no
responsibility in respect of such arrangements and Customer shall
have no recourse against Clio for breaches under such
agreements. Notwithstanding the foregoing, Clio’s rights to
suspend or terminate Services hereunder shall apply in all cases,
including if it is the Reseller who has failed to make the requisite
payments to Clio.
iii.
Invoicing. The Customer shall provide to Clio upon request
relevant valid, up-to-date and complete contact and billing details
and Clio shall, in the absence of any payment dates specified in
the Order Document, be entitled to invoice the Customer at the
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
start of each billing period, in advance for the fees set forth in the
Order Document, and the Customer shall pay each invoice within
30 days of the date of such invoice.
iv.
Increases on Renewal. Clio may increase its fees upon any
renewal, by no more than the greater of (i) 10% or (ii) the rate of
inflation for the preceding 12 month period, as measured by the
consumer price index published by the relevant statistics authority
for the jurisdiction in which Clio has its registered address (or an
equivalent replacement index to be determined by Clio in its sole
discretion). Notwithstanding the foregoing, any reduction in the
scope or number of subscriptions or users at the time of renewal
may result in repricing of the applicable fees, which shall not be
subject to the increase limitations set forth above.
v.
Suspension; Interest. If Clio has not received payment within 30
days of the invoice due date, then without prejudice to any other
rights and remedies of Clio:
a. Clio may, on no less than 10 Business Days’ notice to the
Customer and without any liability to the Customer, suspend
the Services until such amounts are paid in full; and
b. interest shall accrue on a daily basis on such due amounts
at an annual rate equal to 6% (or the maximum rate
permissible by applicable law, if lower) over the then current
United States Federal Funds Rate, commencing on the due
date and continuing until fully paid, whether before or after
judgment.
vi.
Currency; Taxes. All amounts and fees stated or referred to in this
Agreement: (a) shall be payable in the currency stated on the
applicable Order Document; and (b) are exclusive of any
applicable taxes of any nature, including, for example, value-
added tax (VAT), sales, use or withholding taxes, assessable by
any jurisdiction whatsoever (collectively, “Taxes”). Customer is
responsible for paying all Taxes associated with its purchases
hereunder. If Clio has the legal obligation to pay or collect Taxes
for which Customer is responsible under this clause, Clio will
invoice Customer and Customer will pay that amount unless
Customer provides Clio with a valid tax exemption certificate
authorized by the appropriate taxing authority.
vii.
No Setoff. All amounts payable to Clio under this Agreement shall
be paid by the Customer to Clio in full without any setoff,
deduction or withholding for any reason (other than any deduction
or withholding of tax as may be required by applicable law).
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
6. PROPRIETARY RIGHTS
1. Reservation of Rights. The Customer acknowledges and agrees
that, subject to the limited rights expressly granted hereunder,
Clio, its Affiliates, licensors and Content providers reserve all
Intellectual Property Rights in the Services and Content.
2. License by Customer. Except as contemplated in this Agreement
and the Data Processing Agreement, Clio shall have no right, title
to, or interest in, any of the Customer Data or Output. Customer
grants Clio, its Affiliates and applicable contractors a worldwide,
limited-term license to host, copy, use, transmit and display
Customer Data as appropriate for Clio to provide and ensure
proper operation of the Services and associated systems in
accordance with this Agreement and the Data Processing
Agreement.
3. Suggestions and Feedback. Customer agrees that any questions,
comments, suggestions, ideas, original or creative materials, or
other information about the Services that the Customer
communicates to Clio is non-Confidential Information of the
Customer and that Clio shall have the unrestricted right to use
and incorporate such suggestions and feedback into its products,
services and processes for any purpose, commercial or
otherwise, without attribution or compensation to Customer.
4. Removal of Content and Third Party Services. If Customer
receives notice from any regulatory or governmental authority,
entity, organisation, individual or third party, including from Clio,
that Content or a Third Party Service may no longer be used or
must be removed, modified and/or disabled to avoid violating
applicable law, third-party rights, or this Agreement, Customer will
promptly do so. If Customer fails to act, including by failing to
delete any Content that Customer may have downloaded from a
Service, in accordance with the above, or if in Clio’s judgment
continued or expected violation is anticipated or likely, Clio may
disable the applicable Content, Third Party Service and/or the
Service. If requested by Clio, Customer shall confirm deletion and
discontinuance of use of such Content and/or Third Party Service
in writing and Clio shall be authorized to provide a copy of such
confirmation to any such third-party claimant or governmental
authority, as applicable. In addition, if Clio is required by any third-
party rights holder to remove Content, or receives information that
Content provided to Customer may violate applicable law or third-
party rights, Clio may independently discontinue Customer’s
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
access to such Content. Customer’s obligations and Clio’s rights
under this clause are further governed by the Takedown Policy.
5. Takedown Policy. Clio takes copyright infringement and the
hosting of illegal content seriously. Customer’s use of the
Services is subject to Clio’s Takedown Policy, which is
incorporated into this Agreement by reference.
7. CONFIDENTIALITY
i.
Protection of Confidential Information. Each party retains all
ownership rights in and to its Confidential Information. The
Recipient will use the same degree of care that it uses to protect
the confidentiality of its own confidential information of like kind
(but not less than reasonable care) to: (a) limit access to the
Discloser’s Confidential Information to those of its and its
Affiliates’ employees, contractors and agents who need such
access for purposes consistent with this Agreement and who are
bound by confidentiality agreements with the Recipient containing
protections no less stringent than those herein; (b) not use
Discloser’s Confidential Information except to perform its
obligations or exercise its rights set forth in this Agreement; and
(c) not to disclose any such Confidential Information to any third
party without the Discloser’s prior written consent, provided that (i)
if Customer is party to a Customer-Reseller Agreement, the
Reseller is a permitted recipient of Customer’s Confidential
Information; and (ii) Clio may disclose the terms of this Agreement
and any applicable Order Document to a contractor or Third Party
Service provider to the extent necessary to perform Clio’s
obligations under this Agreement under terms of confidentiality
materially as protective as set forth herein.
ii.
Compelled Disclosure. Recipient may disclose Confidential
Information of Discloser where it is required to do so by law,
provided that the Recipient shall give the Discloser prior notice of
the required disclosure (to the extent legally permitted),
reasonable cooperation, at the Discloser’s cost, if the Discloser
wishes to contest any such disclosure and/or seek a protective
order narrowing the scope of such disclosure.
8. DATA PRIVACY
i.
Data Processing Agreement. To the extent Customer Data
includes personal data (as defined under applicable data
protection law), the processing of such personal data by Clio in
connection with the Services shall be governed by the Data
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
Processing Agreement found at clio.com/enterprise/dpa, which is
incorporated by reference into this Agreement and forms part of it.
ii.
Updates. Clio may update the applicable Data Processing
Agreement from time to time in accordance with Clause 14.3
(Amendment) , provided that no such update shall materially
reduce the protections afforded to Customer with respect to the
processing of “Customer Personal Data” has the meaning given to
it in the applicable Data Processing Agreement. Personal Data.
9. PUBLICITY
i.
General. No party shall make, or permit any person to make, any
public announcement concerning this Agreement without the prior
written consent of the other party (such consent not to be
unreasonably withheld or delayed), except as required by law, any
governmental or regulatory authority (including, without limitation,
any relevant securities exchange), any court or other authority of
competent jurisdiction.
ii.
Publicity Rights. The Customer will assist Clio in provision of the
following publicity, at Clio’s reasonable request and on the
provision of reasonable notice:
a. Clio may include the Customer’s name and logo on its
website indicating that the Customer is a customer of Clio
and a user of the Services;
b. the issuing of a joint press release announcing that
Customer and Clio have entered into this Agreement
subject to approval of the content by both Parties, acting
reasonably;
c. the production and, further to approval, publication, of a
short reference video to be used by Clio for marketing
purposes. The video will be at Clio’s cost, however the
Customer will provide a relevant person to participate. The
video will describe, inter alia, the Customer’s use of the
Services and their experience of working with Clio and shall
be subject to final approval by both parties prior to release;
and
d. such other marketing activities as Customer and Clio may
agree to from time to time.
iii.
There will be no payment, royalties or any other form of
remuneration due to the Customer by Clio for assisting in the
publicity matters described in this “Publicity” clause.
10.
WARRANTIES AND DISCLAIMERS
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i.
Clio Warranty. Clio warrants that during an applicable
Subscription Term (a) Clio will not materially decrease the overall
security of the Services, and (b) subject to the “Third Party
Services” clause above, Clio will not materially decrease the
overall functionality of the Services. For any breach of a warranty
above, Customer’s exclusive remedies are those described in
Clause 13.3 (Termination) and 13.4 (Effect of Termination).
ii.
Disclaimers. EXCEPT AS SET FORTH IN CLAUSE 10.1 (CLIO
WARRANTY) ABOVE, CLIO AND ITS AFFILIATES MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE. CLIO SPECIFICALLY DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW. SERVICES PROVIDED
FREE OF CHARGE, CONTENT AND BETA SERVICES ARE
PROVIDED “AS IS” AND AS AVAILABLE, EXCLUSIVE OF ANY
WARRANTY WHATSOEVER.
11.
INDEMNIFICATION
i.
Indemnification by Customer. Customer shall defend, indemnify
and hold harmless Clio and its Affiliates against all Losses,
incurred by Clio or its Affiliates arising out of any third-party claim
against Clio or its Affiliates (A) based on or in connection with (i)
Customer Data or Customer’s use of Customer Data with the
Services, (ii) Customer’s use of the Services or Content in an
unlawful manner or in breach of this Agreement, or (iii)
Customer’s use of a Third Party Service, or (B) alleging that the
combination of a Third Party Service or configuration provided by
Customer and used with the Services infringes upon or
misappropriates the Intellectual Property Rights of any third party,
in each case subject to Clause 11.3 (Indemnification Conditions)
below.
ii.
Indemnification by Clio. Clio shall defend, indemnify, and hold
harmless Customer against all Losses incurred by Customer
arising out of any third-party claim (excluding any claim by an
Affiliate of Customer) alleging that a Service infringes the
Intellectual Property Rights of such third party, subject to Clause
11.3 (Indemnification Conditions.) below. In the defense or
settlement of any claim described in this Clause 11.2, Clio may
procure the right for the Customer to continue using the Services,
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
replace or modify the Services so that they become non-infringing
or, if such remedies are not reasonably available, terminate this
Agreement with respect to all or part of the Services on thirty (30)
days’ notice to the Customer without any additional liability or
obligation to pay damages or other additional costs to the
Customer. Where Clio so terminates or withdraws part of the
Services, the fees shall be adjusted accordingly and Clio shall
issue a refund equal to the balance of any prepaid but unearned
amount in respect of such withdrawn part. In no event shall Clio
be liable to the Customer under this Clause 11 (Indemnification)
to the extent that the alleged infringement is based on or arises
from: (a) a modification of the Services (which shall include any
scripts, workflows or other processes incorporated onto the
Services) by anyone other than Clio; (b) any combination of the
Services with any hardware, software, equipment, or data not
provided by Clio; (c) the Customer’s use of the Services after a
relevant replacement or modification is made available under this
section; (d) Content, Output, Third Party Services, or the
Customer’s breach of this Agreement; or (e) if Customer is party
to a Customer-Reseller Agreement, Customer’s or Reseller’s
breach of such agreement, Customer’s use of the Services in a
manner contrary to the instructions given to the Customer by
Reseller, or any implementation, configuration, integration,
support or other service performed by Reseller or on its behalf.
iii.
Indemnification Conditions. The indemnifying party’s obligations
under this Clause 11 are subject to: (i) the indemnified party
giving prompt written notice of the claim; (ii) the indemnified party
providing reasonable cooperation in the defense and settlement of
the claim, at the indemnifying party’s expense; and (iii) the
indemnifying party being given sole authority to defend or settle
the claim, provided that no settlement may be agreed that does
not unconditionally release the indemnified party from all liability.
iv.
Exclusive Remedy. This “Indemnification” clause states the
indemnifying party’s sole liability to, and the indemnified party’s
exclusive remedies against, the other party in connection with any
third party claim described in this clause.
12.
LIMITATIONS OF LIABILITY
i.
Limitation of Liability. EXCEPT FOR (1) AMOUNTS PAYABLE
UNDER CLIO’S INDEMNIFICATION OBLIGATIONS UNDER
CLAUSE 11.2 (INDEMNIFICATION BY CLIO), AND (2)
DAMAGES ARISING FROM BREACHES OF CLIO’S
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OBLIGATIONS (I) TO PROTECT CUSTOMER DATA UNDER
CLAUSES 2.3 (PROTECTION OF CUSTOMER DATA) OR 8
(DATA PRIVACY) RESULTING IN THE UNAUTHORIZED
DISCLOSURE OF CUSTOMER DATA, OR (II) OF
CONFIDENTIALITY UNDER CLAUSE 7 (CONFIDENTIALITY)
RESULTING IN THE UNAUTHORIZED DISCLOSURE OF
CONFIDENTIAL INFORMATION, FOR WHICH THE
AGGREGATE LIABILITY HEREUNDER OF CLIO AND ITS
AFFILIATES FOR BOTH (1) AND (2) SHALL NOT EXCEED THE
GREATER OF $500,000 OR TWO TIMES THE TOTAL AMOUNT
PAID BY CUSTOMER AND ITS AFFILIATES HEREUNDER FOR
THE SERVICES GIVING RISE TO THE LIABILITY IN THE
TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT
OF WHICH THE LIABILITY AROSE, IN NO EVENT SHALL THE
AGGREGATE LIABILITY OF CLIO AND ITS AFFILIATES
ARISING OUT OF OR RELATED TO THIS AGREEMENT
EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER AND ITS
AFFILIATES HEREUNDER FOR THE SERVICES GIVING RISE
TO THE LIABILITY IN THE TWELVE MONTHS PRECEDING
THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER AN
ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF
THE THEORY OF LIABILITY, BUT WILL NOT LIMIT
CUSTOMER’S AND ITS AFFILIATES’ PAYMENT OBLIGATIONS
UNDER CLAUSE 5 (FEES AND PAYMENT) ABOVE.
ii.
Exclusion of Indirect and Related Damages. TO THE EXTENT
PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR
ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
PUNITIVE, SPECIAL, COVER, OR CONSEQUENTIAL
DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR
BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED
TO THIS AGREEMENT, WHETHER AN ACTION IS IN
CONTRACT OR TORT AND REGARDLESS OF THE THEORY
OF LIABILITY.
iii.
Exclusions. Nothing in this Agreement shall exclude or restrict the
liability (a) of either party for death or personal injury caused by a
Party’s negligence; (b) of either party for fraud or fraudulent
misrepresentation; (c) of either party for any other liability which
cannot be limited or excluded under applicable law; or (d) the
Customer’s liability in respect of any claim made under an
indemnity granted in this Agreement.
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13.
TERM AND TERMINATION
i.
Term of Agreement. This Agreement commences on the Effective
Date and continues until all User Subscriptions hereunder have
expired or have been terminated.
ii.
Term of User Subscriptions. The applicable Order Document shall
specify the Subscription Term. Unless either party gives the other
written notice at least thirty (30) days before the end of the
relevant Subscription Term, User Subscriptions will automatically
renew for successive twelve (12) month terms. Fees applicable on
renewal will be determined in accordance with Clause 5.4
(Increases on Renewal), and where subscription volume or term
length has decreased from the prior term, pricing will be reset
without regard to prior per-unit rates. See the Clause 5.1 (Fees)
clause for the consequences of any subscription downgrade.
iii.
Termination of User Subscriptions from Reseller. For User
Subscriptions procured through a Reseller, Customer’s
termination rights will be as contemplated in the Customer-
Reseller Agreement. Notwithstanding anything to the contrary in
this Agreement or in the Customer-Reseller Agreement, nothing
shall prevent Clio from terminating User Subscriptions in
accordance with this “Term and Termination” clause.
iv.
Termination. Without affecting any other right or remedy available
to it, either party may terminate this Agreement for cause:
a. upon 30 days’ written notice to the other party of a material
breach of this Agreement if that breach remains uncured at
the expiration of such period; or
b. immediately if the other party becomes the subject of a
petition in bankruptcy or any other proceeding relating to
insolvency, receivership, liquidation or assignment for the
benefit of creditors.
v.
Effect of Termination. On termination or expiry of this Agreement
for any reason:
a. If this Agreement expires or if Clio terminates for cause, the
entire unpaid balance of all amounts owing for the
remainder of the applicable Subscription Terms will
immediately be due and payable. In no event will
termination relieve Customer of its obligation to pay any
fees payable to Clio under the applicable Order Document.
b. Upon any termination or expiration of this Agreement,
Customer shall immediately cease all use of the Services
and Content.
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SEPTEMBER 29, 2026
vi.
Survival. The following clauses will survive the expiration or
termination of this Agreement: Clauses 1 (Interpretation); 5 (Fees
and Payment); 6 (Proprietary Rights); 7 (Confidentiality); 8
(Privacy); 9 (Publicity); 10 (Warranties and Disclaimers); 11
(Indemnification); 12 (Limitations of Liability); 13.5 (Effect of
Termination); 13.6 (Survival); and 14 (General Provisions). In
addition, the Clause 4 (Product Specific Terms) will survive the
expiration or termination of this Agreement to the extent it covers
any of the foregoing subject matter, and Clause 2.3 (Protection of
Customer Data) clause will survive the expiration or termination of
this Agreement for so long as Clio retains possession of Customer
Data.
14.
GENERAL PROVISIONS
i.
Entire Agreement. This Agreement constitutes the entire
agreement between Clio and Customer for the Services and
Content and supersedes all other representations, proposals or
agreements, whether electronic, oral or written, concerning its
subject matter. Any additional or different terms proposed by
Customer outside of this Agreement, including those contained in
a purchase order, acceptance, supplier portal, or website, are
void. Each party acknowledges and agrees that it has not entered
into this Agreement on the basis of any representations or
promises not expressly contained herein.
ii.
Force Majeure. Neither party shall be in breach of this Agreement
or otherwise liable for any failure or delay in the performance of its
obligations if such delay or failure results from a Force Majeure
Event. The time for performance of such obligations shall be
extended accordingly. Nothing in this clause shall excuse the
Customer from any payment obligation under this Agreement.
iii.
Amendment. Except where other requirements are explicitly
stated in this Agreement (including as relates to notice and
circumstances in which Clio is entitled to make updates), Clio
reserves the right to amend this Agreement, in whole or in part,
including any of the Security Policy, Support Services Policy and
the Data Processing Agreement from time to time in its sole
discretion provided that no such updates affect Clause 10.1 (Clio
Warranty). In the event of material changes to the Agreement,
Clio will provide reasonable notice to Customers of these changes
prior to their enactment (by email, or by other reasonable means).
Continued use of the Services after the effective date of any
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
amendment constitutes Customer’s acceptance of the amended
Agreement.
iv.
Waiver. A waiver of any right or remedy is only effective if given in
writing and signed by the party so waiving, and shall not be
deemed a waiver of any subsequent right or remedy. A delay or
failure to exercise, or the single or partial exercise of, any right or
remedy shall not waive that or any other right or remedy, nor shall
it prevent or restrict the further exercise of that or any other right
or remedy.
v.
Severance. If any provision or part-provision of this Agreement is
determined to be invalid, illegal or unenforceable by applicable
law, it shall be deemed deleted, and the rest of this Agreement
will continue in effect.
vi.
Assignment. Neither party may assign any of its rights or
obligations under this Agreement, whether by operation of law or
otherwise, without the other party’s prior written consent (not to be
unreasonably withheld or delayed); provided, however, that either
party may assign this Agreement in its entirety (including all Order
Documents), without the other party’s consent to its Affiliate or in
connection with a merger, acquisition, corporate reorganization, or
sale of all or substantially all of its assets, provided the assignee
has agreed to be bound by all of the terms of this Agreement. Any
attempt by a party to assign its rights or obligations under this
Agreement in breach of this Clause 14.6 shall be void and of no
effect.
vii.
No partnership or agency. The parties are independent
contractors. Nothing in this Agreement is intended to or shall
operate to create a legal partnership, franchise, or joint venture
between the parties, or authorize either party to act as agent for
the other, and neither party shall have the authority to act in the
name or on behalf of or otherwise to bind the other in any way
(including, but not limited to, the making of any representation or
warranty, the assumption of any obligation or liability and the
exercise of any right or power).
viii.
Third party rights. This Agreement does not confer to any third
party any rights to enforce any term of this Agreement.
ix.
Notices. Except as otherwise specified in this Agreement, all
notices related to this Agreement shall be in writing, in the English
language (or as otherwise required by applicable local law), and
shall be effective upon:
a. personal delivery where delivered by hand;
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
b. the fifth Business Day after mailing by pre-paid registered or
certified first-class post; or
c. the day of sending by email to the email addresses provided
for such purpose in the Order Document (or an address
substituted in writing by the party to be served), provided
that legal notices (including those regarding contract
termination or renewal, alleged breach, indemnifiable
claims, and the like) must be sent by a method set forth in
the foregoing subsection (a) or (b) and a copy of such
notices (which will not constitute notice) may be sent via
email pursuant to this subsection (c).
x.
Governing Law; Venue.
a. Unless otherwise explicitly stated in the applicable Order
Document, the governing law, and dispute resolution
jurisdiction applicable to the Customer’s subscription shall
be determined by reference to the Customer’s country of
residence and the Service(s) purchased, as set out below:
Customer Country
/ Region
Governing Law
Venue for
Disputes
Canada
Laws of British
Columbia, Canada
Courts of
Vancouver,
Canada
United States:
Laws of the State
of Delaware
Courts of
Wilmington,
Delaware
Spain:
Laws of Spain
Courts of
Barcelona, Spain
EMEA (excl. Spain)
and United
Kingdom:
Laws of Ireland
Courts of Dublin,
Ireland
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
Asia-Pacific:
Laws of New
South Wales,
Australia
Courts of Sydney,
Australia
b. Nothing in this Agreement excludes or limits the application
of any mandatory provision of the law of the jurisdiction in
which the Customer is established, to the extent that such
provision cannot be excluded or limited by agreement
between the parties.
xi.
Exclusive Jurisdiction; Attornment. The choice of venue set out in
paragraph (b) above is exclusive. Each party irrevocably submits
to the exclusive jurisdiction of the courts identified above for the
resolution of all disputes arising out of or in connection with this
Agreement and irrevocably waives any objection to the laying of
venue in such courts, including any objection on the grounds of
inconvenient forum. By entering into this Agreement, the
Customer irrevocably attorns to the jurisdiction of the applicable
courts set out above.
xii.
Multiple Services. Where a Customer has purchased more than
one Service governed by different contracting entities, each such
entity is a separate party to this Agreement solely in respect of the
Services it provides. No Clio contracting entity shall have any
liability for the obligations of another Clio contracting entity.
References to “Clio” throughout this Agreement shall be
construed as references to the relevant contracting entity in
respect of the Services to which the relevant provision relates.
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
SEPTEMBER 29, 2026
Purchase terms
This Order Document is governed by the terms of the Enterprise Subscription Agreement found at
http://clio.com/enterprise/subscription-agreement, unless (i) Customer has a written Enterprise Subscription Agreement
executed by Clio for the Services purchased above, in which case such written Enterprise Subscription Agreement and
any documents executed concurrently with such written Enterprise Subscription Agreement will govern, or (ii) except as
expressly set forth in this Order Document and any amendment attached thereto, if applicable,. In the event of any
conflict between this Order Document and the applicable Enterprise Subscription Agreement, the terms of this Order
Document will control. Clio may reject this Order Document in the event of : (i) unauthorized modifications to this Order
Document; (ii) reasonable doubt as to the signatory's authority to bind Customer, (iii) any other circumstances that
would make it unlawful, impractical, or commercially unreasonable for Clio to perform. The parties agree that electronic
signatures on this Order Document are valid and binding to the same extent as original signatures. Capitalized terms
have the meaning given to them in the applicable Enterprise Subscription Agreement.
Signature
a [29 | Ao
Signature Date
Dell | lawl
Printed name C
A ]201 [26
Signature Date
Ernie) Vieser
Printed name
a | 212\|2to
Signature Date
Ken Du lock.
Printed name
36 BOARD OF BA SIONERS' - MEETING SEPTEMBER 29, 2026
BANNOCK County COMMISSIONERS
fi24 | Clotite Po ttello, TD &yae
Phone: (208) 24 ® Fax: | 54-75!
Ernie Moser Jere HoucH Ken Buttock
Comiunisstoter Comimissionel Commissioner
Ist District 2ud District 3rd District
AGENDA REQUEST FORM
The Board of Bannock County Commissioners business meetings are generally held on
Tuesday at 9:00 AM in the Commissioners’ Chambers in the Bannock County Courthouse, 624
E. Center, Room 119 Pocatello, Idaho, or as noticed 48 hours prior to the meeting at
https://www. bannockcounty.gov/commissioners. Agenda times are subject to change within 15
minutes of scheduled time. Any person(s) needing special meeting accommodations should
contact the Commissioner's Office at 208-236-7210, five working days before the meeting.
E-mail this completed form and any supporting documents to agendarequest@bannockcounty.gov
Meeting Date Requested: 09/29/2026
Requestor Name: Shanda Crystal Department: Procurement
Item to be considered/background:
Discussion regarding Family Specialist Services with a potential signature on a contract
and/or contract amendment.
Action Requested: Decision Amount of Time Requested: 10 Minutes
Financial Impact (Total Cost/Funding Source):
Grant funds available
Does this item involve a contract, agreement, external funding application, or award
acceptance?
P Contract
Has the item been submitted to/reviewed by Legal? Has the item been
oO
Has the item been reviewed by Risk Management? reviewed by Auditing?
Are all supporting documents included?
List of additional attendees: jacon Dye, Lacy Parker, Kim Talbot, and Arianne Despain
Please include any supporting documents with your Agenda Session Request Form.
Commissioner Office Only:
Dates | 291 AWetime:
Gay hk
Phone: (2
37
Cer
BANNOCK County COMMISSIONERS
fi-7210 © Fax: (208) agu-746
BOARD OF BA ; SSIONERS' - MEETING SEPTEMBER 29, 2026
Ernie Moser Jerr HouGH Ken BuLLock
Commissioner Commissioner Cotmunissioner
. Pocatello, ID 84201
Ist District 2nd District 3rd District
AGENDA REQUEST FORM
The Board of Bannock County Commissioners business meetings are generally held on
Tuesday at 9:00 AM in the Commissioners’ Chambers in the Bannock County Courthouse, 624
E. Center, Room 119 Pocatello, Idaho, or as noticed 48 hours prior to the meeting at
https://www. bannockcounty.gov/commissioners. Agenda times are subject to change within 15
minutes of scheduled time. Any person(s) needing special meeting accommodations should
contact the Commissioner's Office at 208-236-7210, five working days before the meeting.
E-mail this completed form and any supporting documents to agendarequest@bannockcounty.gov
Meeting Date Requested: 09/29/2026
Requestor Name: Shanda Crystal Department: Procurement
Item to be considered/background:
Review and potential signature on a contract with Booth Architecture along with Task
rders.
Action Requested: Decision Amount of Time Requested: 5 Minutes
Financial Impact (Total Cost/Funding Source):
Master services agreement has no financial impact, each task orders list the respective Not
to Exceed amount.
Does this item involve a contract, agreement, external funding application, or award
acceptance?
" Agreement
Has the item been submitted to/reviewed by Legal? Has the item been 5
No |
Has the item been reviewed by Risk Management? reviewed by Auditing?
Are all supporting documents included?
List of additional attendees: p54je| Kendall
Please include any supporting documents with your Agenda Session Request Form.
Commissioner Office Only:
Date: Time:
38
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
Independent Contractor Agreement
Procurement Contract Number 2026.019
Project Name: General Architectural Design Services
Contractor: Booth Architecture, PLLC
AGREEMENT made between Bannock County (herein "COUNTY’), a political subdivision of
the state of Idaho, and Booth Architecture, PLLC (herein "ARCH/TECT"), duly authorized to do
business in the State of Idaho.
THE PARTIES AGREE AS FOLLOWS:
1: MASTER AGREEMENT: COUNTY engages ARCHITECT to perform the work
associated with the General Architectural Design Services request for qualifications as referenced
and incorporated hereto. This Agreement establishes the terms and conditions under which
ARCHITECT may provide architectural and related professional services to COUNTY. This
Agreement does not guarantee ARCHITECT any minimum amount of work or compensation.
COUNTY is not obligated to request services, and ARCHITECT is not authorized to perform services,
except through a written Task Order issued in accordance with this Section.
2. EFFECTIVE DATE: Parties agree that contract for said services rendered from date
contract is fully executed through December 30, 2027 upon approved funding and contract
performance.
3. COMPENSATION: COUNTY agrees to pay ARCHITECT for their services properly
performed under an authorized Task Order and an aggregate amount payable under all Task Orders
issued under this Agreement not to exceed the approved fiscal year budget for design services. This
amount represents a maximum contractual authorization and is not a guarantee that COUNTY will
issue Task Order(s) or expend the full amount.
The parties agree that ARCHITECT will invoice COUNTY for payment under this Agreement for
services rendered herein a not-to-exceed amount established in the applicable Task Order(s).
ARCHITECT shall not exceed a Task Order's authorized amount without prior written approval from
COUNTY through an amendment to the Task Order. ARCHITECT verifies that it has reviewed the
scope of work to be performed under this Agreement and agrees that in the ARCHITECT’s
professional judgement, the work can and shall be completed for costs within the maximum amount
set forth in this Agreement.
4. TASK ORDERS: Services shall be authorized on a project-by-project basis
through written Task Orders. Before beginning work, each Task Order shall be approved in
accordance with COUNTY's applicable approval requirements and accepted by ARCHITECT. Each
Task Order shall, at a minimum, identify:
The project and specific scope of services:
Required deliverables;
Project schedule or completion requirements;
Compensation method, including applicable hourly rates, fixed fees, or other agreed pricing:
A not-to-exceed amount for the Task Order;
Authorized reimbursable expenses, if any; and
Any project-specific requirements, assumptions, or limitations.
SOO Nass
Page |1of8
39
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
>) Independent Contractor Agreement
Procurement Contract Number 2026.019
ARCHITECT shall not perform, and COUNTY shall not be responsible for payment for, services
performed before authorization of the applicable Task Order and issuance of any purchase order or
other authorization required by COUNTY.
5. TASK ORDER LIMITATIONS: A Task Order may authorize only services within
the scope of services contemplated by this Agreement and the procurement through which
ARCHITECT was selected. A Task Order shall not modify the general terms and conditions of this
Agreement unless the modification is expressly approved through a written amendment to this
Agreement executed by both parties.
6. NO UNAUTHORIZED SERVICES: ARCHITECT shall promptly notify COUNTY if
ARCHITECT believes requested services are outside an existing Task Order or will cause the
authorized Task Order amount to be exceeded. ARCHITECT shall not proceed with such additional
services until COUNTY has provided written authorization. Oral requests, discussions, or directions
shall not constitute authorization for additional compensation.
Ts NOTICES: Any and all notices required or permitted to be given by either party hereto,
unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when
mailed in the United States mail, certified, return receipt requested, addressed as follows:
Bannock County Booth Architecture, PLLC
Commissioner’s Office Ted Booth
624 East Center, Room 101 340 East Clark, Suite A
Pocatello, Idaho 83201 Pocatello, Idaho 83201
Either party may change their address for the purpose of this paragraph by giving written notice of
such change to the other in the manner provide by Section 7 (Notices) herein.
8. INDEPENDENT CONTRACTOR RELATIONSHIP: ARCHITECT is the independent
contractor of the COUNTY and in no way an employee, servant, agent, partner, or joint venture of
COUNTY and is not entitled to workers compensation, unemployment benefits, or any other benefit
of employment with the COUNTY. COUNTY shall have no control over the performance of this
Agreement by ARCHITECT or its employees, except to specify the time and place of performance,
and the results to be achieved. COUNTY shall have no responsibility for security or protection of
ARCHITECT'S supplies or equipment. ARCHITECT agrees to pay and be responsible for all taxes
due from the compensation received under this contract.
9. BEST EFFORTS: ARCHITECT shall perform its services with the care, skill, and
diligence ordinarily exercised by members of the same profession practicing under similar
circumstances at the same time and in a similar locality.
10. FEDERAL, STATE, AND LOCAL PAYROLL TAXES: Neither federal, state or local
income taxes, nor payroll taxes of any kind shall be withheld and paid by COUNTY on behalf of
ARCHITECT or the employees of ARCHITECT. ARCHITECT shall not be treated as an employee
with respect to the services performed hereunder for federal or state tax purposes. ARCHITECT
understands that ARCHITECT is responsible to pay, according to law, ARCH/TECT's income tax.
ARCHITECT further understands that ARCHITECT may be liable for self-employment (Social
Security) tax to be paid by ARCHITECT according to law.
Page |2o0f8
40
‘Of BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
Independent Contractor Agreement
Procurement Contract Number 2026.019
11. FRINGE BENEFITS: Because ARCHITECT is engaged in its own independently
established business, ARCHITECT is not eligible for, and shall not participate in, any employee
pension, health, or other fringe benefit plans of COUNTY.
12. EQUIPMENT, TOOLS, MATERIALS OR SUPPLIES: ARCHITECT shall supply, at
ARCHITECT's sole expense, all equipment, tools, materials and/or supplies to accomplish the
services to be provided herein.
13. FORCE MAJEURE: This Agreement is subject to force majeure, including without
limitation, accidents, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any
other public health crisis, including quarantine or other employee restrictions, fire, explosion,
vandalism, storm, weather conditions, orders or acts of military or civil authority, national
emergencies, insurrections, riots, wars, or other delays beyond the reasonable control of the parties.
The ARCHITECT shall not be held responsible for reasonable delays caused by such events but shall
use reasonable efforts under the circumstances to avoid or remove such causes of non-performance.
Shortage of available labor shall not be considered excusable under this force majeure clause.
14. ASSIGNMENT: It is expressly agreed and understood by the parties hereto, that
ARCHITECT shall not have the right to assign, transfer, hypothecate or sell any of its rights under
this Agreement except upon the prior express written consent of COUNTY.
15. LICENSE AND LAW: ARCHITECT represents that they possess the skill and
experience necessary and all licenses required to perform the services under their agreement.
ARCHITECT further agrees to comply with all applicable laws in the performance of the services
hereunder and shall notify COUNTY ten (10) days prior to cancellation of said license. Violations of
statute, unethical behavior, unprofessional conduct, or any actions which discredit or dishonor the
COUNTY may be grounds to terminate this contract.
16. ANTI-BOYCOTT AND CERTIFICATIONS: If this Agreement has a total potential value
of $100,000 or more and if ARCHITECT is a company with ten (10) or more employees, then (a)
pursuant to Idaho Code §67-2346, ARCHITECT affirmatively states that it does not boycott Israel and
will not boycott Israel during the term of this Agreement, in this section, the terms “company” and
“poycott Israel” shall have the meanings described in Idaho Code §67-2346; (b) the company states
that it does not boycott any individual or company because the individual or company engages in or
supports the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-
based energy, timber, minerals, hydroelectric power, nuclear energy, or agriculture, the terms in this
section shall have the meanings defined in Idaho Code § 67-2346; (c) engages in or supports the
manufacture, distribution, sale, or use of firearms, as defined in Idaho Code § 18-3302(d); (d) it is not
currently owned or operated by the People’s Republic of China and will not for the duration of the
Agreement be owned or operated by the People’s Republic of China, the terms in this section shall
have the meaning defined in Idaho Code § 67-2359; and (e) company certifies that it is not an abortion
provider or an affiliate of any abortion provider under the No Public Funds For Abortion Act, the terms
in this section shall have the meaning defined in Idaho Code Title 18, Chapter 87.
17. CHANGES: COUNTY may, from time to time, request changes in the services to be
performed hereunder. Such changes, and any increase or decrease in ARCHITECT’S compensation,
shall be effective only if they are in the form of mutually executed written amendments to this
Agreement.
The party desiring the revision shall request amendment(s) to the terms and conditions of
this Agreement in writing. Any adjustments to this Agreement shall be effective only upon the parties’
mutual execution of an amendment in writing.
Page |30f8
41
‘ BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
Independent Contractor Agreement
Procurement Contract Number 2026.019
No verbal agreements or conversations prior to execution of the Agreement or requested
amendment shall affect or modify any of the terms or conditions of this Agreement unless reduce to
writing according to the applicable.
18. NON-APPROPRIATION: Expenditures not appropriated by COUNTY in it’s current
fiscal year budget are deemed to be contingent liabilities only and are subject to appropriation in
subsequent fiscal year budgets. In the event no funds or insufficient funds are appropriated and
budgeted in any subsequent fiscal period by COUNTY for performance under this Agreement,
COUNTY shall notify the other party(ies) and this Agreement shall terminate. Payments under this
agreement shall be completed to the date of notification, except that no payment shall be made or
due under this Agreement beyond those amounts appropriated and budgeted by COUNTY to fund
payments under this Agreement.
19. REMEDIES FOR NON-PERFORMANCE: In the event the ARCHITECT fails to
perform the services required under this Agreement in accordance with its terms, the COUNTY may,
after providing written notice of such failure and a reasonable opportunity to cure (not to exceed three
[3] calendar days unless otherwise agreed), exercise one or more of the following remedies:
1. Require the ARCHITECT to promptly re-perform, at no additional cost to the COUNTY, any
work determined to be deficient or unsatisfactory;
2. Withhold payment, in whole or in part, until such deficiencies are corrected;
3. Obtain substitute services from another source, and charge the ARCHITECT for any
additional costs incurred by the County;
4. Pursue any other remedy available at law or equity.
If, in the sole discretion of the COUNTY, the ARCHITECT'’s failure to perform creates an immediate
risk to public health, safety, or the protection of COUNTY facilities, the COUNTY may, without prior
notice, obtain substitute services and charge the ARCHITECT for any and all costs incurred.
Repeated or material failures by the ARCHITECT to provide services in accordance with the
Agreement shall constitute cause for termination. Upon such termination, the COUNTY may procure
substitute design services and the ARCHITECT shall be liable for any additional costs incurred by
the COUNTY through the completion of the contract term.
20. CUMULATIVE REMEDIES: The remedies provided herein shall be cumulative and
not exclusive, and the COUNTY’s decision to exercise any remedy shall not be deemed a waiver of
its right to pursue additional remedies.
21. TERMINATION FOR CAUSE: If, through any cause, ARCHITECT shall fail to fulfill in
a timely and proper manner its obligations under this Agreement, or if ARCHITECT shall violate any
of the covenants, agreements, or stipulations, of this Agreement, COUNTY shall thereupon have the
right to terminate this Agreement by giving written notice to ARCHITECT of such termination and
specifying the effective date thereof at least fifteen (15) days before the effective date of such
termination, If this Agreement is terminated for cause, ARCHITECT shall be entitled to receive just
and equitable compensation for any work satisfactorily completed hereunder.
Notwithstanding the above, ARCHITECT shall not be relieved of liability to COUNTY for damages
sustained by COUNTY by virtue of any breach of this Agreement by ARCHITECT, and COUNTY may
withhold any payments to ARCHITECT for the purposes of set-off until such time as the exact amount
of damages due COUNTY from ARCHITECT is determined. This provision shall survive the
termination of this Agreement and shall not relieve ARCHITECT of its liability to COUNTY for
damages.
Page |4of8
42
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
) Independent Contractor Agreement
Procurement Contract Number 2026.019
22. TERMINATION FOR CONVENIENCE: Either COUNTY or ARCHITECT may
terminate this Agreement at any time by giving at least fifteen (15) days’ notice in writing. If the
Agreement is terminated by COUNTY as provided herein, ARCHITECT will be paid an amount which
bears the same ratio to the total compensation as the work actually performed bear to the total
services of ARCHITECT covered by this Agreement, less payments of compensation previously
made. If this Agreement is terminated due to the fault of ARCHITECT, Section 22 (Termination for
Cause) hereof relative to termination will apply.
23. INDEMNIFICATION: All acts or omissions which do not arise directly out of the
performance of professional services including, but not limited to those acts or omissions normally
covered by general and automobile liability insurance, ARCHITECT agrees to indemnify, defend (at
COUNTY's option), and hold harmless COUNTY, its officers, agents, employees, representatives,
and volunteers from and against any and all claims, demands, defense costs, liability, or
consequential damages of any kind or nature arising out of or in connection with ARCHITECT's (or
ARCHITECT's subcontractors, if any) performance or failure to perform, under the terms of this
contract; excepting those which arise out of the sole negligence of COUNTY.
To the fullest extent permitted by law, ARCHITECT shall indemnify and hold harmless COUNTY, its
elected officials, officers, employees, agents, representatives, and volunteers from and against
claims, damages, losses, liabilities, judgments, and reasonable costs and expenses, including
reasonable attorney fees, to the extent caused by the negligent professional acts, errors, or omissions
of ARCHITECT or any person or entity for whom ARCHITECT is legally responsible in the
performance of professional services under this Agreement or an authorized Task Order.
ARCHITECT shall not be required under this provision to indemnify COUNTY for liability resulting
from the sole negligence or willful misconduct of COUNTY or its officers, employees, agents, or
representatives.
The obligations established by this subsection are independent of, and in addition to, the insurance
requirements of this Agreement and shall survive completion, expiration, or termination of this
Agreement to the extent permitted by law.
24. INSURANCE PROVISIONS: Without limiting COUNTY's right to indemnification, it is
agreed that ARCHITECT shall secure and certificates of insurance and copies of endorsements or
other policy documentation reasonably necessary to verify compliance prior to commencing any
activities under this Agreement, shall maintain without lapse the required policies for the duration of
this Agreement, and provide verification upon policy renewal or as otherwise requested for the
policies required in this Agreement to insure against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the work under this
Agreement and the result of that work by ARCHITECT, or for the errors or omissions of the
ARCHITECT'’s agents, representatives, employees, or subcontractors. Minimum insurance coverage
required is listed as follows:
24.1 WORKER'S COMPENSATION & EMPLOYER’S LIABILITY: ARCHITECT shall
maintain in full force and effect, workers’ compensation insurance with required statutory limits
for its employees and other persons required to be covered by applicable law and shall require
its subcontractors to do the same. The ARCHITECT shall also maintain and require its
subcontractors to secure Employer's Liability coverage of at least $100,000 for bodily injury per
accident, $100,000 for disease per employee and a $500,000 disease policy limit.
Page |50f8
43
= £07. BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
Independent Contractor Agreement
Procurement Contract Number 2026.019
24.2 GENERAL LIABILITY: ARCHITECT shall maintain a commercial general liability
insurance written on an occurrent basis, including coverage for premises and operations,
bodily injury liability, contractual liability, personal and advertising injury liability,
products/completed operations liability, and property damage in an amount of not less than
One Million Dollars ($1,000,000.00) per occurrence and Two Million ($2,000,000) aggregate,
along with a separate and independent Products-Completed Operations aggregate of not less
than Two Million ($2,000,000).
24.3. PROFESSIONAL LIABILITY: ARCHITECT shall obtain and maintain professional
liability / errors and omissions insurance covering claims arising from negligent acts, errors,
or omissions in the performance of architectural and other professional services under this
Agreement in an amount of not less than Two Million Dollars ($2,000,000.00) per claim and
Four Million ($4,000,000) aggregate. If written on a claims-made basis, the policy’s retroactive
date shall be no later than the date the ARCHITECT first performs professional services under
this Agreement, and ARCHITECT shall maintain continuous coverage with the same or an
earlier retroactive date, or obtain extended reporting period coverage, for not less than three
(3) years following completion of professional services.
24.4 AUTOMOBILE LIABILITY: ARCHITECT shall maintain full coverage automobile
liability insurance covering owned, hired, and non-owned autos, with a combined single limit
not less than Five Hundred Thousand Dollars ($500,000.00) per accident.
ENDORSEMENTS. To the extent commercially available, the commercial general liability,
automobile liability, and any umbrella or excess liability policies secured shall be endorsed for
COUNTY and its elected and appointed officials, officers, employees, agents, and authorized
volunteers as additional insureds, and the coverage afforded to such additional insureds shall be
primary and noncontributory with respect to any insurance or self-insurance maintained by COUNTY.
To the extent commercially available, required policies shall contain an endorsement providing
at least thirty (30) days’ prior written notice to COUNTY of cancellation or nonrenewal as outlined in
section seven (7) of this Agreement. If ARCHITECT receives less than thirty (30) days’ notice of
cancellation, nonrenewal, or any material reduction in coverage, ARCHITECT shall notify COUNTY
immediately upon receipt of such notice.
EXCEPTIONS. COUNTY may reduce any insurance requirement set forth above when COUNTY
determines that such reduction is in its best interest, but any reduction shall be in writing and shall
apply only to the specific coverage or limit expressly identified.
REMEDIES. In addition to any other remedies COUNTY may have, if ARCHITECT fails to
provide or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, COUNTY may, at its sole option:
a. Obtain such substitute or protective insurance as may be commercially available and
charge the reasonable cost thereof to ARCHITECT or deduct such cost from amounts
otherwise due,
b. Order ARCHITECT to stop work and/or withhold any payment(s) otherwise due until
ARCHITECT demonstrates compliance with the Agreement requirements, and/or,
c. Terminate this agreement.
The remedies stated above are cumulative and are not exclusive of any other rights or remedies
available to COUNTY.
Page |60f8
44
O78 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
Independent Contractor Agreement
Procurement Contract Number 2026.019
EXCESS LIMITS: If ARCHITECT maintains higher limits or excess to the minimums required by
this Agreement, including applicable umbrella or excess liability coverage, COUNTY shall be entitled
to the benefit of such higher limits for any covered loss arising from the ARCHITECT'S services or
obligations under this Agreement. The insurance limits required herein are minimum requirements
only and shall not limit the ARCHITECT’s liability, indemnification obligations, or other responsibilities
under this Agreement.
25. PROFESSIONAL STANDARD OF CARE: ARCHITECT shall perform all
professional services under this Agreement and any Task Order(s) consistent with the degree of skill
and care ordinarily exercised by qualified architects and other design professionals performing the
same or similar services under similar circumstances. ARCHITECT shall be responsible for the
professional quality, technical accuracy, coordination, and completeness of services performed by
ARCHITECT and its employees, consultants, and subconsultants.
COUNTY’s review, approval, acceptance, or payment for any services or deliverables shall not
relieve ARCHITECT of responsibility for complying with the professional standard of care
established by this Agreement.
26. CONSULTANTS AND SUBCONSULTANTS: ARCHITECT shall be responsible
for the professional services performed by its consultants and subconsultants to the extent provided
by applicable law. ARCHITECT shall require consultants and subconsultants performing professional
services to maintain professional liability insurance appropriate to the nature and extent of the
services they perform.
27. TASK ORDER-SPECIFIC REQUIREMENTS: COUNTY may establish higher
professional liability limits or additional professional insurance requirements in a n individual Task
Order when reasonably appropriate based upon the scope, complexity, value, or risk of the particular
project.
28. NONWAIVER: Failure of either party to exercise any of the rights under their
Agreement, or breach thereof, shall not be deemed to be a waiver of such right or a waiver of any
subsequent breach.
29. CHOICE OF LAW: The parties have executed and delivered this Agreement in the
County of Bannock, State of Idaho. The laws of the State of Idaho shall govern the validity,
enforceability, or interpretation of the Agreement. Bannock County shall be the venue for any action
or proceeding, in law or equity that may be brought in connection with this Agreement. Any dispute
under their Agreement, or related to their Agreement, shall be decided in accordance with the laws
of the state of Idaho.
30. CONFLICTS IN THE AGREEMENT DOCUMENTS: The Agreement
documents are intended to be complementary and interpreted in harmony so as to avoid conflict. IN
the event of conflict in the Agreement documents, the parties agree that the document providing the
highest quality and level of services to the County shall supersede any inconsistent term in these
documents.
31. SEVERABILITY: If any part of this Agreement is held unenforceable, the remaining
portions of the Agreement will nevertheless remain in full force and effect.
32. ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be
modified or amended in writing by the parties.
Page |7of8
45 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
Independent Contractor Agreement
Procurement Contract Number 2026.019
33. ATTORNEY FEES: Each party shall be responsible for their own attorney fees in any
action to enforce, or to declare forfeiture or termination in this Agreement, unless specifically
authorized by law.
34. SIGNATURE AUTHORITY: The parties executing this agreement certify that they
have the proper authority to bind their respective entities to all terms and conditions set forth in the
agreement.
DATED this day of , 2026.
COUNTY: ARCHITECT:
BANNOCK COUNTY COMMISSIONERS Booth Architecture, PLLC
B 4
=)
Ernie Moser, Commissioner (Name)
Owner / architect
Its
Jeff Hough, Chairman (Title or Office)
Ken Bullock, Commissioner
WITNESS:
(Signature of WitnesS fr Notary Public)
ATTEST:
Clerk of Bannock County
Page |8of8
46 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
TASK ORDER #1
General Architectural Design Services
Master Agreement: Procurement Contract No. 2026.019 | Architect: Booth Architecture, PLLC
Project Name Upper Campus Master Plan Department Commission
Project Manager Daniel Kendall Start Date September 29, 2026
1. Scope of Services
e Create a conceptual master plan of the area for visual and planning purposes. Intent of plan is to
establish scale and layout of various buildings.
e Plan is to include access, proposed parking, building areas, and utility location and placement (gas,
water, sewer, fiber, etc).
e We feel this is the best path to get a feel for the site and possible use. As this develops, we can
create additional Task Orders for the various projects/phases i.e.: site development, coroner office,
planning, driver’s license, etc.
2. Deliverables
e Conceptual master plan for Upper Campus
e Documents will be delivered in electronic format for email distribution.
3. Schedule
Start / Notice to Proceed Key Milestone(s) Final Completion
9/29/26 N/A November 2026
4. Compensation
Method O Fixed Fee OHourly & Other: _ $0 NTE Amount $_0.00
Per attached fee/rate schedule, if
Rat
ics applicable.
Billing Per Master Agreement
5. Project-Specific Requirements / Assumptions / Limitations
e Pro bono work is limited to 8-hours of civil engineer design time. We feel 8-hours will be sufficient
for this phase. If services beyond the 8-hours allotment are required/requested, fees can be
negotiated prior to moving forward.
lof2|Page
47 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
Authorization: This Task Order is issued under Procurement Contract No. 2026.019. Only the services and amounts stated in this Task
Order are authorized, The Architect shall not begin work until required County approval is complete and any required purchase order or
other authorization has been issued. Changes require prior written authorization consistent with the Master Agreement.
6. Approval and Acceptance
COUNTY:
BANNOCK COUNTY COMMISSIONERS
Jeff Hough, Chairman
Ernie Moser, Commissioner
Ken Bullock, Commissioner
ATTEST:
Clerk of Bannock County
ARCHITECT:
Booth Architecture, PLLC
By
Ted Booth
Its___ Owner / Architect
(Title or Office)
WITNESS:
(Signature of Witness or Notary Public)
2of2|Page
48 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
TASK ORDER #2
General Architectural Design Services
Master Agreement: Procurement Contract No. 2026.019 | Architect: Booth Architecture, PLLC
Project Name Fairgrounds Livestock Buildings Department Commission
Project Manager Daniel Kendall Start Date September 29, 2026
1. Scope of Services
e Client meetings, planning, coordination.
e Demolish (4) existing buildings and wash rack.
e Create (3) 60’x100’ Pre-Engineered Metal Buildings (PEMB) livestock shelters. Each PEMB is to be
open on all sides with gabled metal roofing. Roof structure to be designed to allow future solar
panels on south side.
e Civil engineering is to include field survey/topography, data reduction, and boundary
determination. Services also include proposing to vacate right-of-way to agencies.
e Architectural services include plans, elevations, and sections, details, and notes.
e Structural services include footing/foundation plans, design, details, and calculations. Initial
foundations plan will be designed on estimated column loads. A final foundation plan will be
provided once PEMB manufacture is selected and provides stamped column reactions.
e Electrical to include power distribution, lighting, services calculations, raceway for IT, sound, and
security systems at each PEMB. No solar electrical design is included.
e Create new wash rack with concrete pad, water supply, and site drainage.
e Allarchitecture and engineering are to be performed by Idaho licensed professionals.
e Construction administration services may include contractor selection and contract negotiation,
pay request review, shop drawings review, general meetings, limited meetings, and final walk
through.
2. Deliverables
eo PEMB livestock shelter drawings
e Wash rack drawing
e Documents will be delivered in electronic format for email distribution
3. Schedule
Start / Notice to Proceed Key Milestone(s) Final Completion
9/29/26
lof2|Page
49 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
4. Compensation
Method X] Fixed Fee Ol Hourly CO Other: NTE Amount | $52,500.00
e@ Principal Architect -- $265
e Intern Architect -- $130
e _ Drafter/Designer -- $115
Rates e Administrative -- $80 Billing _ Per Master Agreement
e Principal Engineer -- $230
e Engineer -- $130
,if applicable
5. Project-Specific Requirements / Assumptions / Limitations
° N/A
Authorization: This Task Order is issued under Procurement Contract No. 2026.019. Only the services and amounts stated in this Task
Order are authorized. The Architect shall not begin work until required County approval is complete and any required purchase order or
other authorization has been issued. Changes require prior written authorization consistent with the Master Agreement.
6. Approval and Acceptance
COUNTY: ARCHITECT:
BANNOCK COUNTY COMMISSIONERS Booth Architecture, PLLC
Jeff Hough, Chairman By
Ted Booth
Ernie Moser, Commissioner
Its___ Owner / Architect
Ken Bullock, C issi
en Bullock, Commissioner (Title or Office)
ATTEST: WITNESS:
(Signature of Witness or Notary Public)
Clerk of Bannock County
2of2|Page
3ANNOCK COUNTY COMMISSIONERS fi
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AGENDA REQUEST FORM
The Board of Bannock County Commissioners meetings are generally held on Tuesdays and Thursdays at 9:00 AM in the
Commissioners' Chambers in the Bannock County Courthouse, 624 E. Center St. Room 119, Pocatello, Idaho, or as noticed 48
hours prior to the meeting at https:/;www.bannockcounty.gov/commissioners. Agenda times are subject to change withing 15
minutes of scheduled time. Any person(s) needing special meeting accommodations should contact the Commissioners' Office at
208-236-7210, five working days before the meeting.
Email this completed form and any supporting documents to: agendarequest@bannockcounty.gov
Meeting Date Requested: October 1, 2026
Requestor Name: Dillon Evans Department: Landfill
Item to be considered/background:
Bingham County Solid Waste Agreement. This is a 5 year agreement
Action Requested: Decision | Amount of Time Requested: 5 Minutes |
Financial Impact (Total Cost/Funding Source):
We are going increase a dollar per ton every year for five years
Does this item involve a contract, agreement, external funding application, or award
acceptance?
Agreement
Has the item been submitted to/reviewed by Legal? S NO
Has the item been reviewed by Risk Management? | |YES NO Gi /A
Are all supporting documents included? S | INO [Ina
Has the item been reviewed by Auditing? | [YES |v |NO
List of additional attendees:
Please include any supporting documents with your Agenda Session Request Form.
Commissioner Office Only:
Date: loli \2% Time:
51
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
SOLID WASTE DISPOSAL AGREEMENT
This Solid Waste Disposal Agreement ("Agreement") is entered into by and between Bingham
County, a political subdivision of the State of Idaho ("Bingham County"), and Bannock
County, a political subdivision of the State of Idaho ("Bannock County"), Bingham County
and Bannock County may each be referred to individually as a "County" and collectively as the
"Counties."
RECITALS
WHEREAS, Bingham County has a statutory responsibility to provide for the disposal of solid
waste generated by residents within Bingham County;
WHEREAS, Bannock County owns and operates an approved solid waste landfill facility located
at 1500 N. Fort Hall Mine Road, Pocatello, Idaho;
WHEREAS, the Counties desire to establish mutually beneficial terms under which Bannock
County will accept certain municipal solid waste and leachate generated within Bingham
County; and
WHEREAS, the Counties desire to establish a defined fee schedule for such disposal services;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein, the Counties agree as follows:
1, TERM AND RENEWAL
2026
The term of this Agreement shall commence on October 1, 2024, and shall continue for an initial
period of one (1) year. Thereafter, this Agreement shall automatically renew for successive one
(1) year terms unless either County provides written notice of termination to the other County at
least thirty (30) days prior to the expiration of the then-current term or unless either County does
not appropriate funds necessary for the execution of this contract.
The fee schedule set forth in Section 4 shall apply through FY 2031. The disposal rates
applicable to FY 2032 and subsequent fiscal years shall be subject to renegotiation by the
Counties as provided in Section 4.
2. TERMINATION
Either County may terminate this Agreement at any time, with or without cause, by providing
written notice to the other County at least thirty (30) days prior to the effective date of
termination,
52
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
Termination shall not relieve either County of any payment obligation or other obligation that
accrued prior to the effective date of termination.
3. PURPOSE AND SCOPE
Bannock County agrees to receive, and Bingham County agrees to deliver, municipal solid waste
("MSW") generated within Bingham County to the Bannock County Landfill located at:
1500 N. Fort Hall Mine Road
Pocatello, Idaho
Bannock County also agrees to receive leachate generated by Bingham County's Municipal Solid
Waste Transfer Station, subject to applicable permits, laws, rules, regulations, and the
operational requirements of the Bannock County Landfill.
Bingham County shall be responsible for delivering the MSW and leachate to the Bannock
County Landfill in accordance with the requirements established by Bannock County and
applicable law.
Bannock County shall determine the appropriate area or location within the Bannock County
Landfill for placement of accepted MSW.
4, COMPENSATION AND SLIDING FEE SCHEDULE
Bingham County agrees to pay Bannock County for disposal of MSW and for disposal of
leachate generated by Bingham County's Municipal Solid Waste Transfer Station and accepted
by Bannock County.
The applicable disposal fee shall be based upon the fiscal year in which the MSW or leachate is
received by Bannock County, according to the following schedule:
Fiscal Year MSW Fee Per Ton Leachate Fee Per Ton
FY 2026 $45.00 $45.00
FY 2027 $46.00 $46.00
FY 2028 $47.00 $47.00
FY 2029 $48.00 $48.00
FY 2030 $49.00 $49.00
FY 2031 $50.00 $50.00
The foregoing rates represent an increase of one dollar ($1.00) per ton for each fiscal year
beginning with FY 2027 and continuing through FY 2031.
The rates established for FY 2026 through FY 2031 shall remain fixed for the applicable fiscal
year unless the Counties mutually agree otherwise in a written amendment to this Agreement.
53
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
FY 2032 and Subsequent Years
The disposal rates for FY 2032 and subsequent fiscal years are not established by this
Agreement, Prior to the commencement of FY 2032, the Counties shall meet and negotiate in
good faith regarding the disposal rates applicable to FY 2032 and subsequent fiscal years.
Any rates established for FY 2032 or thereafter shall be mutually agreed upon by the Counties
and documented in a written amendment to this Agreement or in a successor agreement executed
by both Counties.
Weighing and Records
Each County shall accurately weigh the waste for which it is responsible using its respective
weighing equipment and shall maintain appropriate weight records.
Bingham County shall be responsible for payment based upon the applicable tonnage received
by Bannock County, Weight tickets, scale records, or other customary documentation may be
used to establish the amount of MSW or leachate received.
The Counties shall cooperate in good faith to resolve any discrepancy in recorded weights.
5. OWNERSHIP AND ACCEPTANCE OF WASTE
5.1 Transfer of Title
Subject to the limitations and conditions of this Agreement, title and ownership of accepted
waste shall pass to and vest in Bannock County at the time the waste is accepted at the Bannock
County Landfill.
Prior to acceptance by Bannock County, title and ownership of the waste, including the risks and
responsibilities associated with the transportation, handling, and management of the waste, shall
remain with Bingham County.
5.2 Rejection of Unacceptable Waste
Bannock County shall have the right to refuse to accept any waste that is prohibited or otherwise
unacceptable under applicable governmental permits, laws, rules, regulations, or requirements
governing the Bannock County Landfill.
ate to and responsibility for any waste refused by Bannock County shall remain with Bingham
‘ounty.
Bingham County shall be responsible for removing and properly disposing of any waste rejected
by Bannock County.
54
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
6. BANNOCK COUNTY LIABILITY UNDER TORT
CLAIMS
Bannock County-shall hold harmless Bingham County, its elected officials, officers, agents, and
employees from any and all damage, loss, or expense, including reasonable attorney fees, that
may be brought, claimed, or pursued against Bingham County or its representatives arising out
of:
(a) any breach of this Agreement by Bannock County; or
(b) any intentional act, negligence, or omission of Bannock County or its employees, agents, or
representatives;
including, but not limited to, death or injury to any person, damage or destruction of property,
contamination or adverse effects on the environment, or violation of any applicable statute, rule,
regulation, permit, or requirement of a governmental agency, to the extent caused by the acts or
omissions of Bannock County.
7. BINGHAM COUNTY LIABILITY UNDER TORT
CLAIMS
Bingham County shall hold harmless Bannock County, its elected officials, officers, agents, and
employees from any and all liability, damage, loss, or expense, including reasonable attorney
fees, that may be brought, claimed, or pursued against Bannock County or its representatives
arising out of:
(a) any breach of this Agreement by Bingham County; or
(b) any intentional act, negligence, or omission of Bingham County or its employees, agents, or
representatives;
including, but not limited to, death or injury to any person, damage or destruction of property,
contamination or adverse effects on the environment, or violation of any applicable statute, rule,
regulation, permit, or requirement of a governmental agency, to the extent caused by the acts or
omissions of Bingham County.
8. INDEPENDENT CONTRACTOR
The Counties agree that Bannock County is acting as an independent contractor with respect to
Bingham County in performing the services contemplated by this Agreement.
Nothing in this Agreement shall be construed to create an employer-employee relationship,
partnership, joint venture, or agency relationship between the Counties.
55
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
Bingham County shall not have control over the manner or means by which Bannock County
performs its obligations under this Agreement, except that Bingham County may specify the
services to be provided, the location for delivery, and the results to be achieved.
Bingham County shall have no responsibility for the security or protection of Bannock County's
supplies, equipment, property, or personnel.
Bannock County shall be responsible for any taxes or other governmental charges properly
imposed upon compensation received by Bannock County under this Agreement.
9, COMPLIANCE WITH LAWS AND PERMITS
Each County shall comply with all applicable federal, state, county, city, and local laws, rules,
regulations, permits, and governmental requirements applicable to that County's performance
under this Agreement.
Bannock County shall operate the Bannock County Landfill in accordance with applicable
permits and regulatory requirements.
Bingham County shall be responsible for ensuring that waste delivered to Bannock County is
transported and delivered in compliance with applicable laws, rules, regulations, and
requirements,
10. NOTICES
Any notice required or permitted under this Agreement shall be in writing and shall be deemed
duly delivered when personally delivered or deposited in the United States Mail, certified mail,
return receipt requested, postage prepaid, and properly addressed as follows:
To Bingham County:
Chairman of the Board of Commissioners
Bingham County Commissioners
501 N. Maple, #204
Blackfoot, Idaho 83221
To Bannock County:
Chairman of the Board of Commissioners
Bannock County Commissioners
624 E. Center Street, Room 101
Pocatello, Idaho 83264 9370]
Either County may change its notice address by providing written notice to the other County in
accordance with this Section,
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
11. ENTIRE AGREEMENT; AMENDMENTS
This Agreement constitutes the entire agreement between the Counties concerning the subject
matter addressed herein and supersedes any prior oral or written agreements concerning the same
subject matter.
No modification, amendment, or waiver of any provision of this Agreement shall be effective
unless it is in writing and executed by authorized representatives of both Counties.
12. ATTORNEY FEES
In any action or proceeding to enforce this Agreement or to declare a forfeiture or termination of
this Agreement, the prevailing party shall be entitled to recover its reasonable attorney fees and
costs, to the extent permitted by applicable law.
13. SEVERABILITY
If any provision of this Agreement is determined to be invalid or unenforceable, that provision
shall be severed or limited to the minimum extent necessary, and the remaining provisions of the
Agreement shall remain in full force and effect.
14. NO WAIVER
The failure of either County to enforce any provision of this Agreement shall not constitute a
waiver of that provision or of the right to enforce that provision thereafter.
15. AUTHORITY
Each person executing this Agreement on behalf of a County represents and warrants that he or
she has been duly authorized to execute this Agreement on behalf of that County and to bind that
County to the terms and conditions contained herein.
16. EFFECTIVE DATE
This Agreement shall become effective upon execution by authorized representatives of both
Counties, subject to any required approval by the respective Boards of County Commissioners.
IN WITNESS WHEREOF, the Counties have executed this Agreement on the dates set forth
below.
57
BOARD OF BANNOCK COUNTY COMMISSIONERS' -
Chairman, Boarg of
Clerk of Bingham County
Date: Kptemver_ 25, 26>
BANNOCK COUNTY
By:
Chairman, Board of Commissioners
Date: S.
ATTEST:
MEETING
SEPTEMBER 29, 2026
te NE
A A Neen
Clerk of Bannock County
Date: Se vt 29, 202
58 BOARD OF BA SIONERS' - MEETING SEPTEMBER 29, 2026
= ————— a _
BANNOCK County COMMISSIONERS
Giz EB, Center, Pocat llo, ID 84201
Ernie Moser Jerr HouGnH — Ken BuLLock
Commissioner Cotinissiones Commissioner
Ist District 2ud District 3rd District
Phone: (208) 246-7210 © Fax: (208) 252-7363
AGENDA REQUEST FORM
The Board of Bannock County Commissioners business meetings are generally held on
Tuesday at 9:00 AM in the Commissioners’ Chambers in the Bannock County Courthouse, 624
E. Center, Room 119 Pocatello, Idaho, or as noticed 48 hours prior to the meeting at
https://www. bannockcounty.gov/commissioners. Agenda times are subject to change within 15
minutes of scheduled time. Any person(s) needing special meeting accommodations should
contact the Commissioner's Office at 208-236-7210, five working days before the meeting.
&*
E-mail this completed form and any supporting documents to agendarequest@bannockcounty.gov
Meeting Date Requested: 09/29/2026
Requestor Name: Kristi Klauser Department: Auditing
Item to be considered/background:
Discuss 1) paying for juvenile detention server in FY27 due to delivery date, 2) FY27
recurring entries and what to include, 3) IOEM training in December:
Action Requested: Discussion, Decisior Amount of Time Requested: N/A
Financial Impact (Total Cost/Funding Source):
Does this item involve a contract, agreement, external funding application, or award
acceptance?
Has the item been submitted to/reviewed by Legal? [____] Has the item been Co
Has the item been reviewed by Risk Management? [| reviewed by Auditing?
Are all supporting documents included?
List of additional attendees:
Please include any supporting documents with your Agenda Session Request Form.
Commissioner Office Only:
Date:\ a | 2 Time:
59 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
In the Matter of DECLARING A SOLE ) R.S. No, 2026-66
SOURCE EXPENDITURE — POSI SHELL ) September 29, 2026
PSA 1000 FOR LANDFILL )
RESOLUTION
WHEREAS, the Landfill is in need of a Posi Shell PSA 1000; and
WHEREAS, LSC Environmental Products, LLC is the sole source provider of the
licensed or patented Posi Shell PSA 1000, and also the sole manufacturer and distributor of such;
and
WHEREAS, pursuant to Idaho Code §67-2808(2)(a)(ii), the governing board of a
political subdivision may declare that there is only one vendor if there is only one vendor for the
public works construction, services, or personal property to be acquired, of which this vendor
carries a trademark for their product.
NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of Bannock
County and the Landfill Department to purchase a Posi Shell PSA 1000 as a sole source
procurement; that it is determined that LSC Environmental Products, LLC, is the only reasonably
available source and that notice of the intent to purchase the Posi Shell PSA 1000 as a sole
source procurement was published in the Idaho State Journal at least 14 calendar days prior to
entering any contract pursuant to Idaho Code §67-2808.
BOARD OF BANNOCK COUNTY COMMISSIONERS
Jeff Hough, Chair
Ernie Moser, Member
Ken Bullock, Member
ATTEST:
Jason C. Dixon, Clerk
60 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
In the Matter of AUTHORIZING THE ) R.S. No. 2026-67
DESTRUCTION OF RECORDS ) September 29, 2026
RESOLUTION
WHEREAS, Idaho Code §31-871 requires the Board of County Commissioners to authorize
destruction of records that are not required as permanent records and that have met the minimum retention
period provided by the retention schedules and are no longer required by law or for county business; and
WHEREAS, the Juvenile Detention department has requested destruction of records that have
exceeded their minimum retention according to the retention schedule, or have been scanned and saved to
a permanent location; and
WHEREAS, Idaho Code §31-871(2) states records may only be destroyed by resolution of the
Board of County Commissioners after regular audit and upon the advice of the prosecuting attorney;
NOW, THEREFORE, BE IT RESOLVED that the Juvenile Detention department is authorized to
destruct the original paper records listed below:
Year(s Document(s
Incident Reports
Inactive Case Files
Daily Facility Event Logs
1993-2021 Visitor Logs
1993-2021 Staff Meeting Minutes
Juvenile Behavior Logs
Juvenile Behavior Logs
and that such destruction occurs under the supervision of the Bannock County Clerk.
BOARD OF BANNOCK COUNTY COMMISSIONERS
Jeff Hough, Chair
Ernie Moser, Member
Ken Bullock, Member
ATTEST:
Jason C. Dixon, Clerk
61 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
In The Matter of AUTHORIZATION TO _ ) R.S, No 2026-68
DISPOSE SURPLUS ASSETS/PROPERTY) September 29, 2026
RESOLUTION
WHEREAS, Idaho Code §§31-807 and 31-808 vest the power and authority to manage
real and personal property for the benefit of the County with the Board of County
Commissioners; and
WHEREAS, Idaho Code §31-829 provides that whenever any elected official has any
personal property belonging to the county under his/her jurisdiction or control which, in his/her
judgment, is of no further use to the county, he/she may, with the consent of the Board of County
Commissioners, dispose of the property through sale or other means; and
WHEREAS, the following asset(s)/property are of no further use to the County:
Asset/ID Number/VIN
if known
4 file cabinets Juvenile Detention
Description
and
WHEREAS, it was recommended to auction, salvage, donate, or dispose of the items.
NOW THEREFORE, IT IS HEREBY RESOLVED that the above property is declared to
be surplus and disposed of as best determined by the department.
BOARD OF BANNOCK COUNTY COMMISSIONERS
Jeff Hough, Chair
Ernie Moser, Member
Ken Bullock, Member
ATTEST:
Jason C. Dixon, Clerk
62 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
In the Matter of OPENING THE FY26 ) R.S. No. 2026-69
BUDGET FOR UNANTICIPATED ) September 29, 2026
REVENUE AND ALLOCATION )
FOR EXPENSES )
RESOLUTION
WHEREAS, the FY 2026 budget for Bannock County was adopted by R.S. No. 2025-59
on September 9, 2025; and
WHEREAS, Idaho Code §31-1605 allows the Board to adjust the adopted budget to reflect
the receipt of unscheduled revenue, grants or donations from federal, state or local governments
or private resources, provided there shall be no increase to property taxes; and
WHEREAS, the annual budget procedure has been complied with in making the said
adjustment and the budget adjustments will not result in increased property taxes; and
WHEREAS, a public hearing to open the budget was held on September 29, 2026; and
WHEREAS, the following funds have received unscheduled revenues and will be utilized
to cover reimbursements and costs detailed below;
NOW, THEREFORE, BE IT RESOLVED, that the FY 2026 budget be opened to make
the following adjustments reflecting the receipt of unanticipated revenue and allocations for
expenses:
The Health Insurance fund has received revenues in excess of budget. It is requested to
use these dollars to cover costs that have exceeded expenditure budget. Monies will be
used as follows:
32910819-48700 Health Insurance $1,195,403
32910819-37544 Health ins reimb $53,571
32910819-37547 Health ins reimb $1,086,087
32910819-37548 Health ins reimb $55,745
BOARD OF BANNOCK COUNTY COMMISSIONERS
Jeff Hough, Chair
Ernie Moser, Member
Ken Bullock, Member
ATTEST:
Jason C. Dixon, Clerk
63 BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING SEPTEMBER 29, 2026
BANNOCK COUNTY PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN THAT THE BANNOCK COUNTY BOARD OF
COMMISSIONERS will conduct a public hearing on Tuesday, October 20, 2026 at 11:00 a.m. in
the Bannock County Courthouse, Room 212, Pocatello, Idaho.
TOPIC OF THE MEETING: 2040 Comprehensive Plan amendment: Bannock County Planning
& Development Council recommends adopting an amendment to Figure 7 of the Comprehensive
Plan to restore the Multiple Use Zone back into the 2040 Comprehensive Plan.
Oral and/or written testimony concerning this issue will be taken at the public hearing. Written
testimony may be submitted to Bannock County Commissioners, 624 East Center, Room 101,
Pocatello, ID 83201, or via email at: commission@bannockcounty.gov by 5 p.m. the day prior to
the hearing.
The packet containing the information to be consider will be available at www.bannockcounty. gov
or can be requested through the email above.
If any person requires special assistance or accommodation to participate in this hearing, please
call (208) 236-7210 to make the necessary arrangements prior to the public hearing.
BOARD OF BANNOCK COUNTY COMMISSIONERS
Jeff Hough, Chair
Ernie Moser, Commissioner
Ken Bullock, Commissioner
ATTEST:
Jason C. Dixon, Clerk
Publication Date: 10/3/26
BOARD OF BANNOCK COUNTY COMMISSIONERS
MINUTES CERTIFICATION
We, the Board of Bannock County Commissioners, hereby certify approval of the minutes of the Bannock
County Commissioners’ meetings inclusive of the date(s) of September 15, 17, and 24, 2026, as approved
during the meeting of September 29, 2026.
BOARD OF BANNOCK COUNTY COMMISSIONERS
________________________________
Jeff Hough, Chair
________________________________
Ernie Moser, Member
________________________________
Ken Bullock, Member
ATTEST:
______________________________
Jason C. Dixon, Clerk
64
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
DRAFT September 15, 2026, BOCC Minutes
Meeting Details
Date of Meeting:
Tuesday, September 15, 2026
Commissioners present:
Ernie Moser, Jeff Hough, and Ken Bullock
Clerk of the Board:
Jason C. Dixon
Absent Board Members:
Staff present:
Deputy Clerk Nancy Allen, Comptroller Kristi Klauser, and Civil Deputy
Prosecutor Sean Bowen
Agenda Details
AGENDA
Business Meeting (action items)
Agenda:
1
•
Indigent Business may require an Executive Session pursuant to Idaho Code §74-206(1)(d) to
consider records exempt from public disclosure (action item)
2
•
Torey Danner, Coroner, review of and signature on Agreement for Pathology Services between
Bannock County and Ada County (requested 5 minutes) (action item)
3
•
Signature requested from Seth Scott for a rental agreement to procure a scissor lift to replace a
ceiling tile at the Juvenile Detention Center (signature only) (action item)
4
•
Nancy Allen and Tadd Green, seeking permission to apply for the 2026 Edward Byrne Memorial
Justice Assistance Grant and authorization for electronic applications as well as signature on an
MOU with the City of Pocatello (requested 5 minutes) (action item)
5
•
(AMENDED) Buddy Romriell, requesting approval to purchase a used Freightliner Roll-Off
Truck through Diesel Depot (requested 5 minutes) (action item)
6
•
Approval of the Bannock County Board of Commissioners Quarterly Jail Inspection report
executed on September 8, 2026, per Idaho Code §20-622 (action item)
7
RESOLUTIONS AND ORDINANCES (action items):
•
Resolution No. 2026-63 Upholding Denial of Peck Variance Application – Findings of Fact and
Conclusions of Law
•
Resolution No. 2026-64 Designating County Roads for State Reimbursement – Dundee Drive
•
Resolution No. 2026-65 Adopting Bannock County Volunteer Board Member Policy
8
SIGNATURE ONLY (action items):
•
Purchase Quote/Equipment and Software Maintenance – Pitney Bowes
•
Cooperative Agreement for University of Idaho Extension Programs
9
CONSENT AGENDA (action items):
•
Manual Checks
•
Alcohol Licenses and Catering Permits
•
Certificate of Residency Approval
•
Personnel Actions with potential Executive Session under Idaho Code §74-206(1)(a), (b) & (d) for
personnel actions or personnel records exempt from disclosure with potential action following
adjournment of Executive Session
•
Mileage and Travel Approvals
•
Minutes: Approval of and signature on certification for meeting minutes for September 8 and 10,
2026
MINUTES OF THE BOARD OF
BANNOCK COUNTY COMMISSIONERS
65
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
DRAFT September 15, 2026, BOCC Minutes
Meeting Notes
1
9:02 AM Hough called the meeting to order. Moser moved to approve the amended agenda. The motion
passed. There were no applications for cremation assistance for consideration.
2
9:02 AM Danner explained the contract has a one changes recommended by legal staff. Bowen reviewed
a change to the contract terms regarding indemnification. Bullock moved to approve the contract and,
upon recommendation of legal counsel, to make changes as stated. The motion passed.
3
9:04 AM Hough reviewed the need to rent a scissor left last week and that he authorized it, so this is to
ratify the rental. Klauser requested notification for this type of event in the future as items are required to
be insured. Moser moved to ratify the agreement. The motion passed.
4
9:05 AM Allen requested permission to apply online for the JAG grant and signature on the MOU and
certifications that will be included. Bullock moved to sign the MOU and authorize the grant process to
move forward. The motion passed.
5
9:07 AM Business Manager and Event Director Scott Crowther and Public Works Director Kiel
Burmester also appeared. Romriell explained he’s been looking for a roll off truck for Event Center for
several months now and finally found one. It has low hours as a used unit. The price is a little more than
originally approved with the insurance funds. Klauser reviewed the funding options of contingency or
operations. It will be a rush to get it delivered by the end of the fiscal year. Moser moved to approve the
purchase from contingency per the explanation. The motion passed. Discussion ensued on budget
authority.
6
9:14 AM Hough moved to approve the quarterly jail inspection report. The motion passed.
7
9:14 AM Bullock moved to approve Resolution Nos. 2026-63, 64, and 65. The motion passed.
8
9:15 AM Moser moved to approve signature on the agreement with Pitney Bowes. The motion passed.
9
9:15 AM Bullock moved to approve the items on the consent agenda. The motion passed.
Action Item Summary
ACTION/DIRECTION
ASSIGNED TO
Amended agenda was approved.
Clerk
Agreement for Pathology Services with Ada County was approved with
modifications to indemnification clauses.
Coroner
Rental agreement for scissor lift was ratified.
Juvenile
MOU with City of Pocatello, Certifications, and applying for 2026 Justice
Assistance Grant were approved.
Sheriff/Grant Team
Purchase of a used roll-off truck was approved with the excess of budgeted
funds to be paid from contingency.
Public Works/Parks &
Rec/Auditing
Quarterly jail inspection report was approved.
Sheriff
Resolution Nos. 2026-63 Upholding Denial of Peck Variance Application
– Findings of Fact and Conclusions of Law; 2026-64 Designating County
Roads for State Reimbursement – Dundee Drive; and 2026-65 Adopting
Bannock County Volunteer Board Member Policy were passed.
Clerk
Purchase Quote/Equipment and Software Maintenance Agreement with
Pitney Bowes was approved.
Auditing
Items on the consent agenda were approved.
Auditing/Clerk/Resolution
66
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
DRAFT September 17, 2026, BOCC Minutes
Meeting Details
Date of Meeting:
Thursday, September 17, 2026
Commissioners present:
Ernie Moser, Jeff Hough, and Ken Bullock
Clerk of the Board:
Jason C. Dixon
Absent Board Members:
Staff present:
Deputy Clerk Nancy Allen, Comptroller Kristi Klauser, Civil Deputy
Prosecutor Sean Bowen, and HR Director Matthew Phillips
Agenda Details
AGENDA
Work Session and Claims Meeting (action items)
Agenda:
1
•
Robert Wagner, Idaho State University – President, presenting an update for ISU
2
•
Gynni Gilliam, Portneuf Valley Development Corporation, providing an update for PVDC
(requested 15 minutes) (action item)
3
•
Charity Staggs, SICOG, requesting 1) review and signature on the Lava Ranches Phase 2 Fuels
Reduction Project and 2) discuss the Pocatello CWDG Grant and Landfill voucher program
(requested 15 minutes) (action items)
4
•
Dan Kendall, Buildings and Grounds, 1) discuss and approve replacement of heating/cooling
system at the historical building and 2) providing a monthly update (requested 15 minutes) (action
items)
5
•
Shanda Crystal, Procurement, discussion regarding updates to a professional services template
(requested 10 minutes) (action item)
6
•
Matthew Phillips, HR & Risk Management, requesting approval to electronically sign
authorization for Real Benefit Solutions broker to access employee life insurance accounts to
better support employee inquiries (requested 5 minutes) (action item)
7
•
Kristi Klauser, Auditing, certification of Bannock County taxing district levies with a potential 7-
day extension request if needed (requested 5 minutes) (action item)
8
•
Ken Bullock, Commission, discussion regarding the County’s potential participation in the
Greenway Project (requested 10 minutes) (action item)
9
•
AMENDED Jeff Hough, Commission, discussion regarding 1) FY26 funding requests and 2) an
exceptional placement letter with possible executive session under Idaho Code §§74-206(1)(a),
(b) & (d) for personnel actions or personnel records exempt from disclosure with potential action
following adjournment of Executive Session (requested 10 minutes) (action items)
10
•
Nikki Ennis, Ag Extension, requesting a signature on a Cooperative Agreement for University of
Idaho Extension Programs (signature only) (action item)
11
Claims Agenda:
•
Board of Ambulance District: Invoices and Commissioner Report
•
Board of Commissioners: Invoices, Commissioners Reports, and Credit Applications
•
Personnel Actions with potential Executive Session under Idaho Code §§74-206(1)(a), (b) & (d)
for personnel actions or personnel records exempt from disclosure with potential action following
adjournment of Executive Session
•
Payroll Report
•
Manual Check
•
Alcohol Licenses and Permits
MINUTES OF THE BOARD OF
BANNOCK COUNTY COMMISSIONERS
67
BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
DRAFT September 17, 2026, BOCC Minutes
•
Certificate of Residency Approval
•
Mileage Reimbursement Requests
•
Technology Request Form
•
Memorandum Authorization for Accounts Payable
•
Cardholder User Agreement and Authorization
Meeting Notes
1
9:01 AM Hough called the meeting to order. Moser moved to approve the amended agenda. The motion
passed.
9:12 AM Associate Vice President Ryan Sargent also appeared. Wagner reported on celebrations for the
125th year anniversary of ISU, Contract for Idaho, thermal generator plans and partnership with NuCube,
new residence hall structure through a private public partnership, new life science technology building,
PA program expansion, and that enrolments will be censused in October. Wagner explained the state’s
holdback and ongoing 5% reduction has caused budget restructuring which resulted in 45 jobs being cut,
of which one-third of those were vacant. A new community program, Bengal Community Partnerships, is
being started with local cities, with Pocatello and Chubbuck signing MOUs soon. Homecoming will be
Oct 10 with a parade and game that day. Questions were addressed on efforts to keep local students in the
area and pathways to career with internships.
2
9:01 AM Gilliam reported stats on inquiries from businesses, PVDC activities, advisory committee
formation, recreation tech industry for rural areas, and formation of the Nuclear Energy Core Committee.
Questions were addressed regarding LA Semiconductor and changes in the observed needs/options for the
area. Discussion included the new strategic plan; and growing local businesses and bring in those
businesses to fill in gaps.
3
9:38 AM Staggs reviewed the final report and reimbursement request for Lava Ranches fuels reduction
project. Bullock moved to approve signature on the final phase of the grant. The motion passed.
9:39 AM Christine Howe and Kim Stouse with the City of Pocatello, Landfill Manager Dillon Evans,
Administrative Assistant Aubrey Lewis were also present. Staggs reviewed the CDBG grant the City of
Pocatello received for a project to reduce fuels reduction in the WUI areas. The request is to allow a
voucher process at the Landfill. The proposed process was reviewed. They are requesting up to 100
vouchers that will allow citizens to dump juniper trees and the grant will pay for those loads. Questions
were addressed on chipper use. It was expressed that this is a pilot program.
9:44 AM Howe explained the project area, the pilot program, items that will be funded by the grant, and
explained they are trying to incentive removal of junipers in the WUI areas to reduce fire fuels.
9:46 AM Evans addressed concerns on Landfill space. He has no concerns and explained this program
will not fill the space available. The tipping fee, through the vouchers, would be charged to the grant
program. Contractors will not be allowed to use the vouchers.
9:52 AM Moser moved to approve the request as stated with a review in a year. The motion passed.
4
10:08 AM Kendall reported the air conditioner at the Historical Museum went out, but the heater still
works. A crane will be needed to remove the old unit and to bring the new unit in. To move forward, it is
estimated to be up to $90,000. Klauser reviewed her conversation with Tom Eisenhauer. Discussion
ensued on ownership, title, and potential responsibility to any group or groups.
10:13 AM Bowen explained if there’s a contract, it will govern, along with any resolutions, in addition to
any chain of title. Kendall will investigate ownership of the building.
10:14 AM Kendall gave updates on projects. A master plan should be worked on.
5
10:22 AM Crystal reviewed a template for a Professional Services Agreement that would be similar to
task orders with a scope and costs for each project. Discussion ensued on insurance clauses and limits.
Hough moved to approve the proposed document. The motion passed.
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6
10:36 AM Phillips requested authorization to electronically sign an authorization with Real Benefits
Solutions to allow access for personnel life insurance accounts. Moser moved to authorize the electronic
signature. The motion passed.
7
10:37 AM Klauser explained the preliminary levies that will be sent to the state. A resolution will be
submitted for signature after the levies are finalized, by October 26.
8
10:39 AM Bullock reviewed the Greenway Foundation has 20+ miles of trails to maintain, with some of
those being at the Event Center. Discussion ensued on sharing maintenance resources and it was proposed
to allow two days this fall and $900 in chemical for weed spraying. An agreement of cooperation with
Chubbuck as well will be worked on. Bullock moved to authorize the weed sprayers to use up to $900 and
two days, for a total contribution of $2,900, as the County’s contribution to trail maintenance. Discussion
ensued on department communication and liability. Bullock amended the motion to have liability spelled
out. Easements and right-of-way need to be determined. The motion died and will be brought back.
9
9:53 AM Sheriff Tony Manu and SICOG Representative Charity Staggs were present. Hough moved to
enter into executive session under Idaho Code §§74-206(1)(a), (b) & (d) for personnel. The motion
passed. 10:07 AM Hough moved to exit executive session. The motion passed. Moser moved to approve
the exceptional placement request. The motion passed.
10:47 AM Hough explained his oversight that he missed during budget discussions, and requested to
change the contribution to Portneuf Valley Development Corp back to $70,000 and fund the Kids First
Coalition at $25,000 out of this year’s budget. Dixon explained his recommended budget was only
$30,000 for PVDC and will be again. Discussion ensued on cuts, and stipulation on showing some
improvement. Klauser suggested using county operations in potential litigation or grant match funds, but
contingency could also be used. The non-profits were made whole last year the same way. Discussion
ensued on the Kids First Coalition and the funding. 10:56 AM Moser moved to approve $40,000 for
Portneuf Valley Development and $25,000 for the child coalition out of this year’s budget from the grant
match line. The motion passed.
10
10:58 AM Bullock moved to approve the cooperative agreement. The motion passed.
11
10:59 AM Questions were addressed on claims. Dixon reported on the development of the property
transaction regarding water lines and hold back of funds to the seller. Bullock moved to approve the items
on the claims agenda. The motion passed.
Action Item Summary
ACTION/DIRECTION
ASSIGNED TO
Amended agenda was approved.
Clerk
ISU President gave updates on events and news.
Commission
Portneuf Valley Development Corporation gave updates on partnerships
and committees.
Commission
Final report and reimbursement request were approved for Lava Ranches
fuels reduction grant.
Grant Team
Voucher program for City of Pocatello’s grant project to reduce juniper
fire fuels was approved.
Auditing/Landfill
Historical Museum property will be researched.
Updates were given on maintenance projects.
Facilities
Professional Services Agreement template was approved.
Procurement
HR was authorized to electronically sign access documents with Real
Benefits Solutions.
HR
Preliminary levies will be sent to the state.
Auditing
Liability for maintenance of Greenway Trails will be brought back.
Commission
Exceptional placement was approved following executive discussion held
regarding personnel.
HR/Commission
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DRAFT September 17, 2026, BOCC Minutes
Funding of $40,000 for PVDC and $25,000 for Kids First Coalition from
FY26 grant match budget was approved.
Auditing
Cooperative Agreement for University of Idaho Extension Programs was
approved.
Ag Extension
Items on the claims agenda were approved.
Auditing/Clerk/Resolution
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
DRAFT September 24, 2026, BOCC Minutes
Meeting Details
Date of Meeting:
Thursday, September 24, 2026
Commissioners present:
Ernie Moser, Jeff Hough, and Ken Bullock
Clerk of the Board:
Jason C. Dixon
Absent Board Members:
Staff present:
Deputy Clerk Nancy Allen, Comptroller Kristi Klauser, Chief Deputy
Prosecutor Jonathan Radford, and HR Director Matthew Phillips
Agenda Details
AGENDA
Work Session and Claims Meeting (action items)
Agenda:
1
•
Seth Scott, Juvenile Detention Center, requesting 1) authorization to destroy documents, 2)
authorization to dispose of surplus property, 3) potential signature on annual Mini-Cassia Juvenile
Detention Memorandum Of Agreement, and 4) potential signature on Memorandum Of
Agreement with Clark County, Fremont County, Jefferson County, Madison County, and Teton
County for Juvenile Detention Placement (requested 15 minutes) (action items)
2
•
Shanda Crystal, Procurement, requesting 1) a review of sole source notice for a Posi Shell PSA
1000 and 2) potential signature on a contract with Booth Architecture (requested 5 minutes)
(action item)
3
•
Jonathan Radford, Prosecutors, regarding executive session under Idaho Code §§74-206(1)(f) to
communicate with legal counsel for pending litigation with potential action following
adjournment of Executive Session
4
Claims Agenda:
•
Board of Ambulance District: Invoices and Commissioner Report
•
Board of Commissioners: Invoices, Commissioners Reports, and Credit Applications
•
Personnel Actions with potential Executive Session under Idaho Code §§74-206(1)(a)(b)&(d) for
personnel actions or personnel records exempt from disclosure with potential action following
adjournment of Executive Session
•
Payroll Report
•
Manual Check
•
Alcohol Licenses and Permits
•
Certificate of Residency Approval
•
Mileage Reimbursement Requests
•
Technology Request Form
•
Memorandum Authorization for Accounts Payable
•
Cardholder User Agreement and Authorization
Meeting Notes
1
10:02 AM Hough called the meeting to order. Scott reviewed the request to destroy records back to 1993.
Moser moved to authorize destruction of records. The motion passed.
MINUTES OF THE BOARD OF
BANNOCK COUNTY COMMISSIONERS
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
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DRAFT September 24, 2026, BOCC Minutes
10:03 AM Scott reviewed the file cabinets that held those records are not needed. Moser moved to
dispose of the surplus property. The motion passed.
10:04 AM Scott reviewed a yearly contract with Mini-Cassia Juvenile Detention for housing overflow.
No beds were needed in 2026, and $3,000 was paid in 2025. Bullock moved to approve the agreement
with Mini-Cassia Juvenile Detention Center. The motion passed.
10:05 AM Scott reviewed agreements with five counties for placement of juveniles as they don’t have a
facility available. Funds from the contracts have been put in reserves. Bullock moved to sign the
agreements with those counties. The motion passed.
10:09 AM Scott explained the new server that was previously approved and budgeted for was planned to
be installed in October with Pro Tech; however, the quote that was provided in March is no longer good
and the price doubled. The new quote is $24,153.60 and is good for 30 days. IT suggested to purchase it
as prices will never go down. Klauser proposed using contingency with the department repaying, but if it
cannot be delivered by September 30, another plan will have to be figured out. Moser moved to approve
the purchase. The motion passed.
2
10:13 AM Crystal reviewed a notice to procure a sole source was published for a Posi Shell PSA 1000 for
the Landfill and no challenge was received. It was recommended to award the purchase to LSC
Environmental Products. Hough moved to approve the award. The motion passed.
3
10:14 AM Hough moved to enter into executive session under Idaho Code §§74-206(1)(f) to
communicate with legal counsel regarding pending litigation. The motion passed by roll call vote.
10:44 AM Hough moved to exit executive session. The motion passed. Bullock moved to authorize
investigation of the matter discussed in executive session, conducted by legal and assisted by HR. The
motion passed.
4
10:14 AM Bullock moved to approve the items on the claims agenda. The motion passed.
Action Item Summary
ACTION/DIRECTION
ASSIGNED TO
Records destruction and disposal of surplus property was approved.
Juvenile/Resolution
Agreement with Mini-Cassia for overflow bed rentals and agreements to
provide bed rentals to Clark, Fremont, Jefferson, Madison and Teton
Counties were approved. Contingent on delivery by end of FY, use of
contingency was approved for increased cost of new server.
Juvenile Detention
Sole source purchase approved for Posi Shell PSA from LSC
Environmental Products.
Landfill/Procurement/
Resolution
Following executive session regarding potential litigation, Legal and HR
were authorized to conduct an investigation.
HR
Items on the claims agenda were approved.
Auditing/Clerk/Resolution
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BOARD OF BANNOCK COUNTY COMMISSIONERS' - MEETING
SEPTEMBER 29, 2026
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