PROWERS COUNTY, COLORADO BOARD OF COMMISSIONERS  January 24, 2023  COMMISSIONERS BOARD ROOM, 2nd FLOOR OF COURTHOUSE  301S. MAIN STREET, LAMAR, CO 81052 Board of! Human Services, Lanie Meyers-Mireles Board of Health, Meagan Hillman  8:00a.m. 8:30a.m.  WORK SESSION  9:00 a.m, 9:15 a.m. 9:30a.m.  Jenni Mortimeyer, Executive Director of The Cornerstone Resource Center  Discussion  Michaela Mattes, CSU Extension Tara Marshall, DOLA Representative  Rural Action Project Community Conversations  Update: PEP REDI Grant, Master Plan Grant, Fire Station planning grant with Rural Fire ChiefStaffon Warn, DOLA interns, Granada Water EIAF Grant with Linda Wilger  10:30a.m. 11:00am 11:15a.m. 11:30a.m.  Faron Williams, Maintenance & Facility Director Thomas Dunagan, Prowers County Coroner Karen Bryant, Prowers Medical Center CEO  Discussion  Discussion on SB22-065  Update Pete Hernandez, CRMC/OPC Update    MEETING AGENDA  Invocation Pledge of Allegiance Call Meeting to Order Roll Call  1:00 p.m.  CONSENT AGENDAI ACTION ITEMS:  1. Consider Approval of Adoption of Agenda  2. Consider Approval of Payment of Bills Presented and of Voiding Checks, if any  3. Consider Approval of January 10, 2022 Meeting Minutes  Public Appearances  Anyone wishing to address the BOCC may do SO at the discretion of the Board and subject to at three-minute limitation.  1:05 p.m. 1:15 p.m.  Mark Westhoff Rose Pugliese, Esq.  County Administrator Update County Attorney Update  Motion to recess: Prowers County Board of Commissioners Meeting  BOARD OF ADJUSTMENT MEETING AGENDA  1:30 p.m.  Motion to open the BOA Meeting Call Meeting to Order Roll Call  2    Adoption of Agenda  Michelle Hiigel, variance request for Peter Page from EF&M  Land and Cattle LLC  BOA ACTION ITEMS:  1. Consider setting a Public Hearing for a Request by EF&I M Land & Cattle, LLC, fora variance to construct a hay shed 251 feet from the front property line-setback requirements are a minimum of 50 feet. The property is located in Section 25, Township 22, Range 47 West, the 6th P.M., located in an A-1 Irrigated. Agriculture zoning district.  Motion to close: Prowers County Board of Adjustment Meeting  Motion to Reconvene: Prowers County Board of Commissioners' Meeting  Executive Session pursuant to C.R.S Section 24-6-402(4)(b) (Conference with the Attorney for the Board for the purposes of receiving legal advice relative to matters on economic  development incentives).  ACTION ITEMS:  1. Consider approval of County Workers' Compensation Pool and Colorado Counties Casualty and Property Pool 2023 Contact Form for County Designated Representatives. 2. Consider ratifying 1-9-2023 Email Poll approval of 2023 Emergency Management Program 3. Consider approval of Memorandums of Understanding to facilitate the Prowers County Hotline County Connection Center with answer and processing of Child Welfare and Adult Protection Services related Hotline calls and performing tasks outlined in the MOU's effective January 1, 2023 and ending December 31, 2023 with Weld County and El Paso County, authorizing Lanie Meyers-Mireles, Director of Human Services, to execute the 4. Consider Approval of 2022 Semi Annual Report of the Prowers County Treasurer, July 1, 5. Consider approval of a Purchase of Service Contract between Prowers County and Wayne Hudson Integrated Medical Practice fori the Provision of Facilitating the Statement of  Grant/Local Emergency Management Support (EMPG/LEMS 2023).  document.  2022 through December 31, 2022.  3    Work in 22 IHJA 173925 County Behavioral Health Program, authorizing BOCC Chairman 6. Consider Approval of a Resolution Amending Prowers County Land Use Regulations for 7. Consider Approval of Standard Form Agreement between Prowers County Rural Fire Department and CRP Architects, PC, to complete Prowers County Rural Fire station design and planning, totaling $51,300, and Authorizing BOCC Chairman to execute the  to execute the document. Resolution No. 2022-21.  document.  8. Consider approval of Economic Development Incentive Agreement between The Board of County Commissioners of Prowers County and CNJ Holdings Inc, represented by Mark Carrigan, for new irrigation pipeyard located at 20997 US Highway 50, Granada, CO. 9. Consider approval of 2023 Secure Transportation Services License 2023-01, valid until January 24, 2026, and Secure Transportation Services Vehicle Permits 2023V-001, 2023V- 002, 2023V-003, 2023V-004, 2023V-005, 2023V-006, and 2023V-007, valid until. January 10. Consider approval of Contract Amendment #21 to 2021CMIP051A2 between Prowers County Department of Human Services and the Department of Health Care Policy and Financing outlining the County Incentive Contract for Performance Period July 1, 2020 through June 30, 2023 and authorizing Lanie Meyers-Mireles, Director of the Department 11. Consider approval of SOW1 to Original Master task Order Contract Routing Number: 23 FAA 00019, Task Order Contract 2023-01 FREM, Exhibit B and authorizing Meagan 12. Consider approval of Overview and Concurrence Form for Department of Homeland Security Federal Emergency Management Agency (FEMA) regarding the Conditional Letter of Map Revision (CLOMR) request submitted by Colorado Gravel, LLC, authorizing Michelle Hiigel, Land Use and Floodplain Administrator to execute the document. 13. Consider approval of Subdivision Exemption Application by Carol Flint, in the WY of Section 17, Township 22, Range 45 West, the 6th P.M. The request is to subdivide approximately 2 acres from the existing property of 318.51 acres. The property is located in an A-1 Irrigated Agriculture zone. This will be a Second Subdivision. The application 14. Consider approval of Memorandum of Understanding Regarding Reference Commodity Distribution between Board of County Commissioners of Prowers County and Lamar Senior Citizen, Inc, to facilitate Prowers County staff and volunteers to distribute commodities for Lamar Senior Citizen, Inc. from the Community Resource Center,  24, 2024, for Southeast Mental Health Services of La. Junta, CO.  of Human Service Director, to execute the document electronically.  Hillman, PCPHE Director to execute the document.  was approved by the Planning Commission on January 11, 2023.  effective January 1, 2023 and ending December 31, 2023.  4    15. Consider approval of a Resolution to Transfer 2023 Revenue between Sales Tax Fund to 16. Consider ratifying 1-18-2023 Email Poll approval for Payment of Bills Presented in the Amount of $792,098.85 and approval of DHS Bills Presented in the amount of  County General Fund in the amount of$1,500,000.00.  $1,661,330.70 and $281.56 for H3CDepartment.  17. Consider approval of Environmental Health Services Agreement between Prowers County Public Health and Environment and Bent County Public Health and Environment for provision of services ini the amount of $4,901.00, CY2023, authorizing Meagan Hillman,  Director of Public Health to execute the document.  PREVIOUSLY TABLED ACTION ITEMS:  1.  Consider setting a public hearing to consider approval of Amendments to the Guidelines and Regulations for Areas and Activities of State Interest of Prowers  county in Relation to 1041 Regulations.  NOTE: This Agenda is provided fori informational purposes only. Action may be taken on any or all of the items. All times are approximate. If any given item is finished earlier than anticipated, the Commissioners may move on to the next item. The only exceptions are public hearings on items which have had published notices of a If you need assistance in participating in this meeting due to a disability as defined under the Americans with Disabilities Act, please call 719-336-8030 at least three days prior to the scheduled meeting to request an  specific hearing time; those items will not begin until the specific time or after.  accommodation.  5    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested:  1-24-23  Submitter:  Paula Gonzales, HR Director  Submitted to the County Administration Office on: 2 Return Originals to: Jana Coen & Paula Gonzales Number of originals to return to Submitter: 1  Contract Due Date:  N/E  Item ntle/Recommended Board Action:  Consider approval of County Workers' Compensation Pool and Colorado Counties Casualty and Property Pool 2023 Contact Form for County Designated  Representatives.  Justification or Background: Annual approval  Fiscal Impact: This item is budgeted in the following account code:  County: $_ Federal: $_ State: Other:  $_ $_  Approved by the County Attorney on: Additional Approvals (if required):    CTSI Serving Colorado's Counties  COUNTY WORKERS' COMPENSATION POOL AND COLORADO COUNTIES CASUALTY AND PROPERTY POOL  2023 CONTACT FORM  Attached is your 2023 Contact Form for the County Workers' Compensation Pool (CWCP) and' Colorado Counties Casualty and Property Pool (CAPP). Please make any necessary revisions to this information and return the form to hargrave@ctsi.org. Member counties are reyuired through the Bylaws to designate a representative to serve in each of the following  categories. This isal Bylaw requirement, not a staff requirement. The description ofduties for the categories is as follows:  DESIGNATED REPRESENTATIVE (WCDR/CPDR) attends official meetings, votes on behalf of the county, eligible for election to Board of  Directors;  CLAIMS CONTACT PERSON (WCCCICPCC) - files claims on behalf of county, serves as liaison with claims administrator and receives claims-related  information including loss runs;  PERSON DESIGNATED TO RECEIVE CORRESPONDENCE (WCDC/CPDO) - receives all written correspondence (including contribution invoices), except claims related information, from the pool on behalf of the county; responsible for distributing pool correspondence to appropriate county  personnel.  SAFETY REPRESENTATIVE (WCSR/CPSR) serves as liaison between the pool loss control representatives and the county to arrange loss control visits and training sessions and to disseminate safety and loss control information to county  employees.  *Even ifour information on the enclosed form is correct, please return the form with such  anotation.  Thank you for your cooperation.  County Technical Services, Inc. 800 Grant Street e Suite 400 Denver, Colorado' . 80203 email: ctsi@ctsi.org  Administration &1 Loss Prevention Phone: 303-861-0507 Fax: 303-861-2832  Claims (CAPP&CWCP) Phone: 303-861-0507 1-800-544-7868 Fax: 303-861-1022            PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested:  1-24-2023  Submitter:  Staffon Warn, Rural Fire Chief  Submitted to the County Administration Office on: 1-9-2023  Return Originals to: 1  Number of originals to return to Submitter: 1  Contract Due Date: 1-10-2023  Item ntle/Recommended Board Action:  Consider ratifying 1-9-2023 Email Poll approval of 2023 Emergency Management Program Grant/Local Emergency Management Support  (EMPG/LEMS 2023) Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: $ Federal: $_ State: Other:  $ $_  Approved by the County Attorney on: Additional Approvals (if required):    COLORADO Division of Homeland Security 8E Emergency Management Department of Public Safety  Signature Authorization Form  All fields on this form must be completed to be accepted.  All authorizations require two (2) or more signatures depending on the authorization purpose. This form allows saving  fors single signatures to supplement for three (3) or more: required signatures.  For Application authorizations ONLY:  Please indicate the Grant Program and Year inj place of the award agreement encumbrance number below.  Applications which require more than two (2) signatures, please complete additional forms as necessary toj fulfill the requirements  fors signatures as outlined in the instructions for the grant application.  SUBRECIPIENT NAME: AWARD. AGREEMENT  Prowers County  ENCUMBRANCENUMBER EMPG/LEMS2 2023  Please select the authorization purpose for this signature submission: : Select. :  Signature Authorization Section: PRINTED: Signature #1 Name Tom Grasmick TTTLE for Signature #1 EMAIL for Signature #1 PHONE for Signature #1 DATE of Signature #1  PRINTED: Signature #21 Name Staffon Warn  Chairman, BOCC ECPKPPNTRONTYANE (719)336-8025  TITLE for Signature #2 EMAIL for Signature #2 PHONE: for Signature #2 DATE of Signature #2  Director  staffon.wameprowerscounty.net (719)336-2674  01/09/2023  01/09/2023  Oihous Hameh  Signature #1  Signature #2  DHSEM EMPG Signature Authorization' Form.Effective 03.2022    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 1/24/2023 Submitter: Department of Human Services  Submitted to the County Administration Office on: 1/11/2023 Return Originals to: Department of Human Services Number of originals to return to Submitter: 1  Contract Due Date: ASAP  Item Tile/Recommended Board Action:  "Consider approval of] Memorandums of Understanding to facilitate the Prowers County Hotline County Connection Center with answer and processing of Child Welfare and Adult Protection Services related Hotline calls and performing tasks outlined in the MOU's effective January 1, 2023 and ending December 31, 2023 with Weld County and authorize Lanie Meyers-Mireles, Justification or Background: This MOU will allow Prowers County Hotline County Connection Center to provide call coverage for child abuse/neglect and adult protective services reports for  Director of Human Services, to sign with a handwritten signature."  Weld County.  Fiscal Impact: This item is budgeted in the following account code:  Estimated revenue in the amount of$126,707.00.  County: $  Federal: $  State:  Other:  Approved by the County Attorney on: Additional Approvals (if required):  PLEASE ATTACHTHIS SHEET TO ALL. AGENDAI ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    MEMORANDUM OF UNDERSTANDING  Between WELD COUNTY and PROWERS COUNTY,  INTRODUCTION:  This Memorandum ofU Understanding ("MOU") is entered into by and between Prowers County, Colorado body corporate and politic by and through its Board of County Commissioner ("Prowers County'), and Weld County, Colorado ("Weld County")a ab body corporate and politic by and through its Board of County Commissioners. Prowers County and Weld County shall jointly be referred to as the  "Parties." PURPOSE:  1. This MOU is developed in partnership between Prowers County and Weld County, with confirmation by the State ofColorado ("State"), for Prowers County to manage and administer calls to the hotline 2. Prowers County, through its Hotline County Connection Center ("HCCC"), agrees to answer and process Child Welfare ("CW") related and APS related hotline calls on behalf of Weld County ("Call Coverage Services"). Prowers County will perform the tasks outlinedi ini this MOU as they relate to Call Coverage Services. Weld County will perform the tasks identified in thel MOU to assist the HCCC with suçcessfully receiving the Hotline calls so Weld County can complete the final disposition ofeach call.  regarding persons that reside in Weld County, Colorado.  TERM, AMENDMENT, TERMINATION:  1. Term ofMOU: 2023. extension. 2. Amendments:  a, This MOUbecomes effective January 1,2 2023 for the period of 12 months, ending December 31, b. The parties shall notify each other at least 30 days prior to expiration oft the MOU1 to execute an a. Thel Parties may request changes to this MOU, which shall be effective only upon the written b. Any changes, modifications, revisions, or amendments to this MOUshall bei incorporated by written instrument, executed and signed by the Parties, and will be effective in accordance with thet terms a. Any party may, ati its sole discretion, terminate or cançel the MOU upon 30 days' written notice to  agreement oft the Parties. and conditions contained herein.  3. Termination: RATE FOR SERVICES:  the other party.  1. The calculations used to determine the rate oft the Call Coverage Services are based on an annual projection of the number of Child Protection Program Area 5, Program Area 4, and Institutional reports taken and an equivalent number ofOther Child Welfare ("Other CW") Inquiry related call reports. For a. Projected numbers ofl Program Area 5,1 Program Area 4,1 Institutional, Other CW, and APS reports will be based on a combination ofinformation: from the Results Oriented Management data base and the actual numbers of calls received through thel HCCC for the previous 121 months.  purposes of this MOU, 10 Other CW calls will equal one report.  Pageiof4    2. Weld Çounty is allocated twelve free reports, child abuse/neglect or APS reports, each quarter for at total 3. Prowers County has entered into agreements with other Colorado counties toj provide thes same services as contemplated in thisl MOU. In the event the HCCC must expend additional funds to accommodate adding additional positions to take calls ont behalfofall oft the other counties including Weld County, the cost ofthat expansion may be proportionately distributed amongst all of the counties that reçeive HCCC Call Coverage Services. Should this situation arise, Weld County will be notified 60 daysi in advance ofany additional costs required for HCCC's services so it can determine whether to terminate 4. Prowers County will invoice for the Call Coverage Services. Invoices shall include a description oft the services performed as Weld County may request. Weld County will submit payment for services 5. The rates of Call Coverage Services provided to Weld County per thet terms oft the MOU are:  of4 48 free reports of any type per year.  the MOU.  satisfactorily performed within 60 days ofr receipt.  Estimated number of Child Abuse/Neglect Reports Jan 2023 - Dec 2023  4,892 230 5,122 -48 5,074 $ 23.00 $1 116,702.00 435 $ 23.00 10,005.00 $126,707.00  C/W Inquiries 2,300 Total Estimated Reports Less the Allotment of Reports (12 per quarter) Total Estimated Reports to be billed Rate per Report Estimated Investment for C/W Reports Estimated number of APS reports Jan 2023 -1 Dec 2023 Ratej per APS Report Estimated Investment for APS reports Total Investment for Call Coverage services  Divided by 10  6. Weld County will be billed quarterly for actual number ofreports taken, less the allotted reports of12 JOINT RESPONSIBILITIBS SHARED BETWEEN WELD COUNTY ANDI PROWERS COUNTY HÇCC: 1. Both Prowers County and' Weld County acknowledge that the State of Colorado Department of Human 2. This MOU was preceded by an official request for Call Coverage Services from the Board of County 3. Both parties understand that nothing in this MOUsupersedes or replaces each party'srequirements and responsibilities to follow and adhere to all requirements as set forth in state and federal statute, Volume  reports of any type per quarter.  Services must approve this MOU prior to final execution.  Commissioners for Weld County.  7R Rules and/or Division ofChild Welfare Policy. GENERAL RESPONSIBILITIES OF PROWERS COUNTYHCCC:  1. The Prowers County HCCC will make the appropriate routing changes and take all calls for Weld County on ai full-time basis. Full-time is defined as' 7 days per week, 24 hours a day including holidays. All next step decisions regarding Hotline call records will bel left to the discretion of Weld County. Weld County will bet responsible to complete ar review ofa all information ini the' Trails Hotline 2. All next step decisions regarding Hotline call: records willl bel left to the discretion of Weld County. Weld County will be responsible to complete a review of all information in' THA and' Trails to ensure 3. Child Welfare Reports, which can be referred to as Referrals, taken by the HCCC will be entered into the' THA, submitted, and transferred to Weld County's Trails Inbox. HCCC will notify Weld County of  Application ("THA") and' Trails to ensure appropriate disposition.  appropriate disposition.  Page2of4    areferral via email during business hours and by personal contact during after-hours (pursuant to Volume 7) Rules). It will be the responsibility of Weld County to check the pending queue and manage HCCC will provide the Hotline ID and/or Referral ID number (pursuant to Volume 71 Rules) to an 4. Ifthel HCCC believes the report is ofa an immediate response nature, the HÇCC will notify Weld County 5. Information and Referral (non-CW) calls will bes sent to' Weld County'sF Pending Incoming Hotline Queue (pursuant to Volume 7 Rule). Itwill bet the responsibility of Weld County to check the pending queue and manage the final disposition ofall records. Call purpose will be included in the comments. Callers will ber nedirected back to the Weld County main Department ofHuman Services number. Weld 6. IfHCCC receives a call from law enforcement or medical personnel that requires immediate response from Weld County, HCCC will transfer the call toa' Weld County on-call designee. Ifthe Weld County on-call designee is not available, HCCC will take a message and continue to make attempts to notify the 7. APSreports willl be documented int the Colorado Adult Protection System, ("CAPS") andi ini the THA. Once complete, the record willl bei transferred to the County's Pending Incoming Hotline Queue. Weld a. Ifan APS call is regarding an adult over 70 years old or an adult, 18 years and older, that has an nelectua/Developmena. Disability the HCCC will document the call in the' THA and advise the reporter to call local law enforcement. The HCCC will then notify the County oft the call. b. Notification to Weld County that an. APS report has been taken by thel HCCC will be made by email  the final disposition of all records. entity designated by Weld County.  while information is being entered into the' THA or CAPS.  County can request al briefsynopsis.  County. Ifappropriate, thel HCCC will take ai report while notifying the County.  County will confirm receipt and update in the THA.  during both open and after-hours.  GENERAL RESPONSIBILITIES OF WELDCOUNTY:  1. Weld County will provide an updated list ofon-call Weld County employees' name(s) or designees and elephone/celphone numbers and email addresses at all times. The on-call list will include backup contact name(s)and number(s) and email addresses inc case the first employee is unable to answer within the notification time frame as outlined in Volume 71 Rules. Ifthe designee changes, it is Weld County's responsibility toimmediately inform the HCCC of the change and to provide the required contact 2. Weld County will notify thel HCCC of any special circumstances where Weld County staffwill be unavailable by email (business hours) or voice telephone/clphone (i.e. employees are in court, meetings, training after-hours, etc.) Weld County should make every attempt to identify another entity that can receive notifications. This can be any entity designated by Weld County.  information.  GENERAL PROVISIONS:  1. Thisl MOUis not intended to create any agency or employment relationships between the parties nori is 2. Nothing contained herein shall be construed as a waiver ofany party or any immunity at lawi including 3. No modification or waiver ofthis MOU or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. 4. This MOU and the parties çonduct hereunder shall be subject tol local, state and federal laws and regulations, including requirements associated with confidentiality ofinformation and HIPAA privacy  iti intended to create any third-party rights or beneficiaries. immunity granted under the Colorado Governmental immunities Act.  requirements. Page 30 of4    5. The Parties to this MOU are subject to thej provisions of Colorado Constitution, Article X, Section 20 regarding multiple fiscal year obligations. Therefore, no obligation extending beyond December 31, 2023 shall be enforceable unless and until County, acting through the Board, has adopted al budget for 2024 providing for payment of such obligations. Weld County shall immediately notify Prowers County should funding under this MOU fail to be appropriated ins such instance, Prowers County may 6. All three of the authorizing and confirming agencies listed below must agree tot the conditions set forth 8. This MOUi is subject to all applicable federal, state and local laws, regulations and rules, whether now in force or hereafter enacted or promulgated. Ifany term or provision ofthis MOUis held to be invalid or illegal, such term or provision shall not affect the validity or enforceability of the remaining terms and provisions. Meeting thet terms of this MOU: shall not excuse any failure to comply with all applicable laws and regulations, whether or not these laws and regulations are specifically listed herein. 9. Not third-Party Beneficiary- Itis expressly understood. and agreed that enforcement of the terms and conditions ofthis MOU, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties, and nothing contained in this MOU shall give or allow any such claim or right of action by any other ar third person or entity on such MOU. Itis the express intention of the parties hereto that any person or entity, other than the Parties, receiving services or benefits under this MOU: shall be 10. Each Party agrees to be responsible for its own liability incurred as a result ofi its participation in this MOU. Int the event any claim is litigated, each Party will be responsible fori its own expenses of litigation or other costs associated with enforcing this MOU. No provision oft this MOU: shall be deemed or construed to be a relinquishment or waiver of any kind of the applicable limitation ofliability provided to each Party by the Colorado governmental. Immunity Act, C.R.S. 24-101-101 et seq. and  immediately terminate this MOU.  in thej proceeding document before the MOU can be finalized. 7. All signatories have the appropriate delegation ofa authority to sign this MOU.  deemed to be incidental beneficiaries only.  Article XI ofthe Colorado Constitution. Approving Entities -1 Prowers County  11.  Approving Entities = Weld County  Signed: Name: Title: Entity:  Signed: Title:  Ar Name: Scott K, James  Chair, Board of Weld: County Commissioners Entity: Weld County Government  DEC 2 12022  State Confirmation  Date: Signed: Name: Title: Entity: Page 4 of4  2022-3544    PROWERS COUNTY AGENDA ITEM REQUEST FORM  Hearing Date Requested: 1/24/2023 Submitter: Department ofHuman Services  Submitted to the County Administration Office on: 1/12/2023 Return Originals to: Department ofl Human Services Number of originals to return to Submitter: 1  Contract Due Date: ASAP  Item Tite/Recommended Board Action:  "Consider approval ofl Memorandums ofUnderstanding to facilitate the Prowers County Hotline County Connection Center with answer and processing of Child Welfare and Adult Protection Services related Hotline calls and performing tasks outlined in the MOU's effective. January 1, 2023 and ending December 31, 2023 with El Paso County and authorize Lanie Meyers-Mireles, Justification or Background: This MOU will allow Prowers County Hotline County Connection Center to provide call coverage for child abuse/neglect and adult protective services reports for El  Director of Human Services, to sign with a handwritten signature."  Paso County.  Fiscal Impact: This item is budgeted in the following account code:  Estimated revenue ini the amount of $129,490.00.  County: $  Federal: $  State:  Other:  Approved by the County Attorney on: Additional Approvals (if required):  PLEASE ATTACH THIS SHEET TO ALL. AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    MEMORANDUM OF UNDERSTANDING  Between ELPASO COUNTY and PROWERS COUNTY  INTRODUCTION:  This Memorandum ofUnderstanding ("MOU") is entered into by and between Prowers County, Colorado body corporate and politic by and through its Board of County Commissioner ("Prowers County"), and El Paso County, Colorado ("EI Paso County") a body corporate and politic by and through its Board of County Commissioners. Prowers County and EIl Paso County shallj jointly be  referred to as the "Parties."  PURPOSE:  1. Thisl MOU is developed inj parmership between Prowers County and EI Paso County, with confirmation by the! State of Colorado ("State"), for Prowers County to manage and administer calls to the hotline 2. Prowers County, through its Hotline County Connection Center ("HCCC"), agrees to answer and process Child Welfare ("CW") related and APS related hotline calls on behalfofEIl Paso County ("Call Coverage Services"). Prowers County will perform thet tasks outlined in this MOU as they relate to Call Coverage Services. El Paso County will perform the tasks identified in the! MOU1 to assist thel HCCC with successfully receiving the Hotline calls so El Paso County can complete the final disposition of  regarding persons that reside inl EIl Paso County, Colorado.  each call. 1. Term ofMOU: 2023. extension. 2. Amendments:  TERM, AMENDMENT, TERMINATION:  a. This MOUI becomes effective January 12023 fort the period of 12 months, ending December 31, b. The parties shall notify each other at least 30 days priort to expiration ofthe MOU to execute an a. The Parties may request changes to this MOU, which shall be effective only upon the written b. Any changes, modifications, revisions, or amendments to this MOU shall bei incorporated by written instrument, executed and: signed by the Parties, and will be effective in accordance with the terms a. Any party may, ati its sole discretion, terminate or cancel thel MOU upon 30 days' written notice to  agreement oft thel Parties. and conditions contained herein.  3. Termination:  the other party.  RATE FOR SERVICES:  1. The calculations used to determine the rate ofthe Call Coverage Services are based on an annual projection ofthe number ofChild Protection Program Area 5, Program Area 4, and Institutional reports taken and an equivalent number of Other Child Welfare ("Other CW") Inquiry related call reports. For a. Projected numbers of Program Area 5, Program Area 4, Institutional, "Other CW", and APS reports will be based on a combination ofinformation: from the Results Oriented Management data base and the actual numbers ofcalls received through thel HCCC for the previous 121 months.  purposes ofthis MOU, 10' "Other CW" calls will equal 1 report.  Page 1of4    2. EIl Paso County is allocated 41 free reports, child abuse/neglect or APS reports, each month for a total of 3. Prowers County has entered into agreements with other Colorado counties to provide the same services as contemplated int this MOU. In the event the HCCC must expend additional funds to accommodate adding additional positions to take calls on behalf ofall oft the other counties including EI Paso County, the cost ofthat expansion may be proportionately distributed amongst all ofthe counties that receive HCCC Call Coverage Services. Should this situation arise, EI Paso County will be notified 60 days in advance ofa any additional costs required for HCCC's services so it can determine whether to terminate 4. Prowers County will invoice for the Call Coverage Services, Invoices shall include a description ofthe services performed as Ell Paso County may request. EIl Paso County will submit payment for services 5. The rates of Call Coverage Services provided to El Paso County per the terms oft thel MOU are:  48 free reports of any type per year.  thel MOU.  satisfactorily performed within 60 days ofreceipt.  Estimated number ofChild Abuse/Neglect Reports Jan 2023 -] Dec 2023 Less the Allotment of Reports (4 per month or 12 per quarter)  5,384 200 5,584 -48 5,536 $ 23.00 $ 127,328.00 94 $ 23.00 $ 2,162.00 $129,490.00  C/W Inquiries 2,000 Total Estimated Reports Total Estimated Reports to be billed Rate per Report Estimated Investment for C/W Reports Estimated number of APS reports Jan 2023 -1 Dec 2023 Rate per APS Report Estimated Investment for APS reports Total Investment for Call Coverage services  Divided by 10  6. EIP Paso County will be billed quarterly for actual number oft reports taken, less the allotted reports 12 JOINT RESPONSIBILITIES SHARED BETWEEN EL PASO COUNTY ANDI PROWERS COUNTY HCCC: I. Both Prowers County and! El Paso County acknowledge that the State of Colorado Department of 2. This MOU was preceded by an official request for Call Coverage Services from the Board ofCounty 3. Both parties understand that nothing in this MOU supersedes or replaces each party's requirements and responsibilities to follow and adherei to all requirements as set forth ins state and federal statute, Volume  reports ofa any type per quarter.  Human Services must approve this MOU prior to final execution.  Commissioners for EIl Paso County.  7Rules and/or Division of Child Welfare Policy. GENERAL RESPONSIBILITIES OF PROWERS COUNTY HCCC:  1. Thel Prowers County HCCC will make the appropriate routing changes and take all the after-hours calls for El Paso County. After-Hours is defined as any time outside ofnormal business operating hours, 2. All next step decisions regarding Hotline call records will bel left to the discretion of EI Paso County. El Paso County will be responsible to complete al review of all information in' THA and Trails to ensure 3. Reports, which can be referred to as Referrals, taken by thel HCCC will be entered into the THA, submitted, and transferred to EI Paso County's" Trails Inbox. HCCC will notify EI Paso County ofa referral via email during business hours and by personal contact during after-hours (pursuant to Volume  including week-ends and holidays. appropriate disposition.  Page 2of4    7Rules). Itwill be the responsibility ofE El Paso County to check thej pending queue and manage the a. HCCC will provide the Hotline ID and/or Referral ID: number (pursuant to Volume 71 Rules) to an 4. Ifthel HCCC believes the report is of an immediate response nature, the HCCC will notify EI Paso 5. Information and Referral (non-CW) calls will be sent to! El Paso County's Pending Incoming Hotline Queue (pursuant to Volume 71 Rule). It will bet the responsibility of EI Paso County to check the pending queue and manage the final disposition ofall records. Call purpose will be included in the comments. Callers will bei redirected back tot thel El Paso County main Department ofH Human Services 6. IfHCCC receives a call from law enforcement or medical personnel that requires immediate response from El Paso County, HCCC will transfer the call to an EI Paso County on-call designee. Ifthe El Paso County on-call designee is not available, HCCC will take a message and continue toi make attempts to notify the County. Ifappropriate, thel HCCC will take at report while notifying the County. 7. APS reports will be documented in the Colorado. Adult Protection System, ("CAPS") and in the' THA. Once complete, the record will bet transferred to the County's Pending Incoming Hotline Queue. El a. Ifan APS call is regarding an adult over 70 years old, thel HCCC will document the call ini the THA and advise the reporter to call local law enforcement. The HCCC will then notify the County ofthe b. Notification to El Paso County that an. APS report has been taken by the HCCC willl be made by  final disposition of all records. entity designated by EI Paso County.  County while information is being entered into the' THA or CAPS.  number. El Paso County can request al briefs synopsis.  Paso County will confirm receipt and update in the' THA.  call.  email during both open and after-hours.  GENERAL RESPONSIILITIES OF ELI PASOCOUNTY  1. EIE Paso County will provide an updated list ofon-call El Paso County employees' name(s) or designees and elephone/celiphone numbers and email addresses at all times. The on-call list will include backup contact name(s) and number(s) and email addresses in case the first employee is unable to answer within the notification time frame as outlined in Volume 71 Rules. Ifthe designee changes, it is the EIl Paso County/sresponsibiliy to immediately inform the HCCC oft the change and to provide the required 2. EIF Paso County will notify the HCCC of any special circumstances where El Paso County staff will be unavailable by email (business hours) or voice telephone/cellphone (i.e. employees arei in court, meetings, training after-hours, etc.) EI Paso County should make every attempt toi identify another entity that can receive notifications. This can be any entity designated by EIl Paso County.  contact information.  GENERAL PROVISIONS  1. This MOUi is not intended to create any agency or employment relationships between thej parties nori is 2. Nothing contained herein shall be construed as a waiver ofany party or any immunity at lawi including 3. No modification or waiver oft this MOU ord ofany covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party tol be charged therewith. 4. This MOU and the parties conduct hereunder shall be subject to local, state and federal laws and regulations, including requirements associated with confidentiality ofinformation and HIPAA privacy  iti intended to create any third-party rights or beneficiaries. immunity granted under the Colorado Governmental immunities Act.  requirements.  Page 3of4    5. The Parties tot this MOU are subject to thej provisions of Colorado Constitution, Article X, Section 20 regarding multiple fiscal year obligations. Therefore, no obligation extending beyond December 31, 2023 shall be enforceable unless and until County, acting through thel Board, has adopted a budget for 2024 providing for payment ofs such obligations. EIl Paso County shall immediately notify Prowers County should funding under this MOU: fail to be appropriated in such instance, Prowers County may 6. All three of the authorizing and confirming agencies listed below must agree to the conditions set forth 8. This MOU is subject to all applicable federal, state and local laws, regulations and rules, whether nowi in force or hereafter enacted or promulgated. Ifany term or provision oft this MOU is held to bei invalid or illegal, such term or provision shall not affect the validity or enforceability oft the remaining terms and provisions. Meeting the terms of this MOU shall not excuse any failure to comply with all applicable laws and regulations, whether or not these laws and regulations are specifically listed herein. 9. No third-Party Beneficiary, Iti is expressly understood and agreed that enforcement oft thet terms and conditions of this MOU, and all rights ofa action relating to such enforcement, shall be strictly reserved to thel Parties, and nothing contained in this MOU shall give or allow any such claim or right of action by any other or third person or entity on such MOU, Itist the express intention oft the parties hereto that any person or entity, other than the Parties, receiving services or benefits under this MOU shall be 10. Each Party agrees to be responsible for its own liability incurred as a result ofits participation int this MOU. In the event any claim is litigated, each Party will be responsible fori its own expenses of litigation or other costs associated with enforcing this MOU. No provision ofthis MOU shall be deemed or construed tol be ar relinquishment or waiver of any kind ofthe applicable limitation ofl liability provided to each Party by the Colorado governmental Immunity Act, C.R.S.: .24-101-101 et seq. and  immediately terminate this MOU.  int the proceeding document before the MOU can be finalized. 7. All signatories have the appropriate delegation ofauthority to sign this MOU,  deemed tol be incidental beneficiaries only.  Article XI oft the Colorado Constitution. Approving Entities  Approving Entities  Signed: Cani uinur Name: Cami Bremer 25-12A  Signed: Name: Title: Entity:.  Title: Entity:  BOCCC Chair ELF Paso County State Confirmation  Date: Signed: Name: Title: Entity:.  Page 4of4    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 1/24/2023 Submitter: Judy Wittman  Submitted to the County Administration Office on: 1/11/2022  Return Originals to: Judy Wittman Number of originals to return to Submitter: 2  Contract Due Date:  Item Tile/Recommended Board Action: Consider Approval of2022 Semi Annual Report of Justification or Background: $30-25-111(2) Iti ist the duty of the board of county commissioners ofeach county to publish in some legal newspaper published in the county the semi-annual financial statement furnished to the board of county commissioners by the county treasurer.  the Prowers County Treasurer, July 1, 2022 through December 31, 2022.  Fiscal Impact: This item is budgeted in the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on: Additional Approvals (ifr required):  PLEASE. ATTACH THIS SHEET TO ALL AGENDA. ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    :  -  :  EE  ihihlhnt  ulhllnt  0    o  EI  5  ii  I  E  h    -  iil  i.  I  nll  mnll  S 1    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 1/24/2023 Submitter: Department of Human Services  Submitted to the County Administration Office on: 1/12/2023 Return Originals to: Department ofHuman Services Number of originals to return to Submitter: 1  Contract Due Date: N/A  Item Tile/Recommended Board Action:  "Consider approval of Contract betwecn Prowers County Department of] Human Services and Wayne Hudson Integrated Medical Practice for the Provision of Facilitating the Statement of  Work in 22 IHJA 173925 County Behavioral Health Program."  Justification or Background:  Fiscal Impact: County: $ Federal: $ State: $ Other: $  Approved by the County Attorney on: Additional. Approvals (if required):  PLEASE. ATTACH THIS SHEET TO ALL. AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    PURCHASE OF SERVICES CONTRAÇT  THIS CONTRACT entered into this. 24H day of Sanuaxye 2023 by and between THE COUNTY OFPROWERS, STATEOFCOLORADO.etmitrpedialy referred to as "Prowers County Department of Human Services", whose. address is 1001 South Main St. Lamar. CO 81052 and Wayne Hudson Integrated Medical Practice hereinafter referred to as Independent Contractor", whose address is 310 East Olive St.  Lamar, CO 81052.  Witnesseth,  Whereas, the parties wish to enter into an Independent Contractor Agreement whereby Independent Contractor will furnish certain services to Prowers County upon the  terms and conditions hereinafter set forth,  NOW T'HEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the parties hereto agree as  follows:  1. Term. This contract will be effective from this date until the project is  completed, unless terminated as set forth herein.  2.  Services by) Independent Contractor. Independent Contractor agrees toj perform  the duties as outlined in Component 2 of CMS#: 22 IHJA 173925 (attached hereto as Exhibit A). Services are exclusively available to Prowers County residents.  3. 4.  Contract Price. Prowers County will pay Independent Contractor as set forth Taxes. Independent Contractor understands that Independent Contractor is  in Exhibit B upon receipt ofa satisfactory invoice.  obligated to pay all federal and state income tax on all money earned while performing  services for Prowers County.  5.  Indemnify. Independent Contractor agrees to indemnify and hold harmless  Prowers County from any action based upon or arising out of damage or injury, including death, to persons or property caused or sustained in connection with the performance oft this contract or by conditions created thereby, or based upon any violation of any statute, regulation, and the defense of such claims or actions. Independent Contractor waives any  and all claims against Prowers County.  6.  Insurance. Iti is understood that Independent Contractor will furnish its own  insurance and will not be eligible for insurance maintained by Prowers County for its employees, including health insurance, workers' compensation insurance, unemployment  insurance, life insurance and all other benefits afforded employees.  1    7.  Independent Contractor. Independent Contractor certifies under penalty of  perjury that it is an independent contractor and is not an employee of Prowers County. Independent Contractor further certifies that Prowers County does not require Independent Contractor to work only for Prowers County, Prowers County does not establish a quality standard for the individual except that Prowers County may provide plans and specifications regarding work but cannot oversee the actual work or instruct Independent Contractor as to how work will bej performed, Prowers County does not pay Individual Contractor a salary or an hourly rate but rather a fixed or contract: rate as above set forth, Prowers County does not terminate the work of the service provided during the contract period unless Independent Contractor violates the terms of this contract or fails to produce a result that meets the specifications ofthis contract, Prowers County does not provide any training for Independent Contractor, Prowers County does not provide tools or benefits to Independent Contractor except that materials and equipment may be supplied, Prowers County does not dictate the time of performânce except that a completion schedule and a range of agreeable work hours may be established, Prowers County does not pay Independent Contractor personally but rather payments will be made to the trade or business name ofI Independent Contractor and Prowers County doés not combine the business operations in any way with Independent Contractor's business operations instead of maintaining all such operations separately and distinctly. Independent Contractor further understands that in the event of injury Independent Contractor will not be entitled to any workers' compensation benefits and that Independent Contractor is required to provide Workers' Compensation Insurance for it and for all workers that Independent Contractor hires. Proof of coverage of Workers' Compensation Insurance shall be provided by Independent Contractor to Prowers County upon execution hereof. Independent Contractor agrees to execute any documents which may be required by the Workers' Compensation Insurance carrier of Prowers County to certify  this Independent Contractor Agreement.  The Contractor shall perform its duties hereunder as an Independent Contractor and not as an employee, neither the Contractor nor any agent or employee oft the Contractor shall be or shall be deemed to be an agent or employee of Owner. Contractor shall pay when due all required employment taxes and income tax and local head tax on any monies paid by Owner pursuant to this contract. Contractor acknowledges that the Contractor and its employees are note entitled to unemploymenti insurance benefits unless the Contractor or third party provides such coverage and that Owner does not pay for or otherwise provide such coverage. Contractor shall have no authorization, express or implied, to bind Owner to any agreements, liability, or understanding except as expressly set forth herein. Contractor shall provide and keep in force workers' compensation (and provide proof C ofsuch insurance when requested by Owner) and unemployment compensation insurance in the amounts required by law, and shall be solely responsible for the acts ofthe Contractor, its employees and agents. ofthis contract to a subcontractor, unless approved in writing in advance by Prowers County, and toj provide Prowers County with reports and maintain records on the provision ofservices. at any time. In the event of such termination, Independent Contractor will be paid for its  8. 9.  Special Provisions. Independent Contractor agrees not to assign any provision Termination. Either party may terminate this contract with or without cause  services to the date oft termination.  2    10. Statutory County. Prowers County, Colorado, which is a statutory county in the State of Colorado, reserves all rights as a statutory entity, including governmental  immunity as provided by law. consent ofl Prowers County.  11. Assignment. Company may not assign this contract without the written 12. Venue. Jurisdiction for any dispute under this agreement shall be exclusively in the Prowers County, Colorado District or County Court sitting without jury in Lamar, Colorado, and the court shall award to Prowers County, if it is the substantially prevailing party, its attorney fees, expert witness fees, court costs and any other litigation expense.  13. Appropriation. Any monetary obligation of Prowers County payable after the 14. Public Record. In the event Prowers County receives aj public records demand pursuant to the Colorado Open Records Act for copies of documents which are or may be confidential, or may otherwisel be subject to non-disclosure, Prowers County shall give written notice by facsimile and/or email to Company. Company shall notify Prowers County in writing by facsimile and/or email within 3 working days of notification if any documents requested as a publicrecord should not be disclosed. The Company shall indemnify and hold harmless Prowers County as provided in Paragraph 6 for any public record requests where  current fiscal year is subject to appropriation as provided by law.  the Company requests Prowers County not to disclose such records.  15. Illegal Aliens. Company certifies that Company shall comply with the provisions of C.R.S. 8-17.5-101 et seq. Company shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with. a subcontractor that fails to certify to Company that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Company represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verifiçation Program administered by the Social Security Administration and Department of Homeland Security, and (i) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)0). Company shall comply with all reasonable requests made in the course ofa an investigation under C.R.S. 8-17.5-102 by Colorado Department ofLabor and Employment. IfCompany fails to comply with any requirement of this provision or C.R.S. 8-17,5-101 et seq. Prowers County may terminate this contract for breach and Company shall be liable for actual and consequential  damages to Prowers County.  16. Officials Not To Benefit. No official or employee of Prowers County shall directly ori indirectly receive or be paid any share or part oft this Agreement or any benefit that may arise therefore in violation of Article 29 of the Colorado Constitution. Company warrants that it has not retained any company or person (other than a bona fide employee working solely for Company) to solicit or secure this Agreement, and that Company has not paid or agreed to pay to any company oI person, (other than a bona fide employee working  3    for Company), any fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or resulting from the award ofthis Agreement to Company. Upon discovery ofany breach or violation ofthis provision, Prowérs County shall have the right to terminate  this Agreement.  17. Binding Effect. This Agreement is binding upon the parties and theirrespective successors and permitted assigns. This Agreement is only for the benefit ofthe parties hereto, and no third party shall have any right, claim or interest hereunder. There is no implied covenant of good faith and fair dealing in this Agreement, ratheri itv will be enforced as written.  BOARD OF COMMISSIONERS, PROWERS COUNTY, COLORADO  INDEPENDENT CONTRACTOR: SE  By.  Ron Cook, Chairman  Signature ha-boas  Date signed:  By  Wendy. Buxton-Andrade, Vice-Chairman  By.  Tom Grasmick, Commissioner  ATTEST: By Jana Coen, Clerk Date signed:  4    22 IHJA: 173925 1 EXHIBITA A  EntitySubmitting Application & Primary Contact: Prowers County Department of Human Services  Lanie Meyers-Mireles (719) 336-7486, ext. 127, dhsdirector@prowerscounty.ner Year 1: (6-month budget) $69,753.00; Year 2: (12 month budget) $136,507.00  Amount Requested: Project Outline:  This application is being submitted by Prowers County Department of Human Services to support an augmentation of direct therapy, inpatient treatment programs, outreach and education, navigation and care coordination, services for non-Engish-speaking individuals, suicide prevention and intervention, crisis response, and to assist in removing barriers from community members accessing mental/behavioral health services. Prowers County is requesting funds to support an art-based therapy program to be coordinated by Prowers County Public Health & Environment, provide co-pay assistance to community members unable to afford co-pays for in-patient treatment or ongoing therapy, support for the Good Grief/Child Life Specialist position to conduct outreach, education and navigation, and to increase access to EMDR1 treatment provided by Prowers County  Department of Human Services staff. Funding Dedication (listed as annual): the attached budget. Project Description:  A combination of local contribution, in-kind funds and county match will be utilized for this grant as outlined in  Background Information & Data Analysis  Prowers County is geographically situated int the lower Southeast corner of Colorado and ranks 36thi ins size oft the 64 counties in Colorado. Population estimates in 2019 listed overall population for Prowers County at1 12,172 with 20.6% of thet total population being under 18 years, 59.2% of the population being 18-64 years, and 20.2% of the population was 65+. Racial breakdown for the county is as follows: 94.1% White, 1.0% Black or African American, 2.1% American Indian or Alaska Native, 0.6% Asian. The percent of the population listed as Hispanic or Latino was Nearly 15% oft the population in Prowers County under age 65 was documented without health insurance. The US Census Small Area Income and Poverty Estimates report that: 19.6% of Prowers County's total population lives in poverty compared to 11.5% in the State and 14.5% in the Nation. The median household income was listed at $41,929. The 2021 Kids Count reported indicated 57.7% of school age children qualified for free/reduced lunch compared to 40.2% in the! State and 25.5% of children under 18 years of age were living in poverty compared to Mental health drivers of emergency department visits within the region indicate that depression contributed to 24% of these visits, mental illness contributed to 68%, 5% were ar result of I/DD with co-occurring behavioral health needs, and 3% were driven by self-harm behaviors. Alcohol, cannabis, and opioids are the primary substances driving emergency department visits. Alcohol accounted for 36.9% of the emergency department visits, cannabis accounted for 19.8% oft the visits and opioids accounted for 16.7% of emergency department visits. The rate of behavioral health issues driving an emergency department visit for Region 4 was 241.3 per 1,000visits. This data point ranked Region 4 at the highest end of all regions. Ten out oft the 11 counties in Region 4exceeded the state age-adjusted rate of17.0 drug overdose deaths and suicide death per 100,000 residents.  39%.  11.2% in the! State. Child abuse rate! 5.0 per 1,000 in 2019.  1    22 IHJA 173925 2 EXHIBIT A  Data found on the Colorado Health Institute site also indicates some common barriers to obtaining behavioral health treatment include stigma and lack of insurance coverage or ability to cover the costs/co-pays. As one parent indicated during ai focus group meeting' "trying to preserve your dignity and find help is really hard with mental health." Additionally, as isi indicated in our economic data, there is a high poverty level in Prowers County and al low average median income. Even those people that make enough money to be able to access private insurance ori insurance through an employer often have co-pays for visits in the range of$30-$50 per visit. This can create a barrier for our community members being able to access services and/or sustain services, even when With regard tor mental health and children, our school partners continue to report concerns about the emotional well-being oft the children in the school. They are reporting an increased level of anxiety, depression, defiance, and absenteeism. Chronic absenteeism is a critical national problem that puts more than 6.5 million school children at riskt for falling behind academically, dropping out of school and serious long-term health, employment, and financial consequence. Children are often chronically absent from school because of health problems, including mental health, which can be linked to serious health issues into adulthood. Fear, depression, social anxiety, and other mental health issues can make it difficult for children to feel comfortable going to school. When children are exposed to significant stress, violence, or trauma in their homes or communities, it can also trigger mental health issues that cause them to be chronically absent from school. Within the Lamar School District alone (which is 10 of4 districts in Prowers County), there have been 12 families referred to at truancy program in the last 31 months. Professionals working with these families indicate that mental health, substance The OMNI Institute conducted an evaluation of our judicial district and provided the following findings recommendations in key topic areas (substance use and associated risk behaviors, mental health, trauma, abuse and family violence, and parent engagement). Recommendations, as it relates to this grant application, are as Start screening families earlier for trauma and needs. Provide ISST as a prevention strategy to "ati risk"  critically necessary.  use, and poverty are experienced by nearly all of these families.  and  follows:  families and refer them for assistance before theiri issues become more: serious Reduce barriers to access to services and to local treatment providers.  Offer support groups and resources for families.  Continue to work with schools as partners whenever possible to provide resources to youth and families. Implement a universal substance use prevention curriculum in the schools (Ex. Botvin Like Skills Program Provide education to young children, youth, and families to build resiliency and emotional intelligence (Ex. Promote use of the "Social Development Strategy" to increase protective factors and positive youth Provide education around brain development and importance of abstaining from substance use. Incorporate ways to reduce the stigma of seeking mental health care and suicide prevention. Stigma System reform is needed. All systems must collaborate with each other and bring systems together to Need: supportive programs for parents and caretakers (mentoring, coaching, and positive modeling  "Make good choices and decisions").  development.  Build more connections to caring adults.  keeps families from seeking help often until it is too' late. share resources and better serve families for better outcomes.  Create resource navigation for families. Prosocial activities for children and families. Hold "Resource Connection/Education Meetings".  role  is  needed.)  Create opportunities to foster in-person connections that are "real", not technology induced.  2    22 IHJA 173925 3 EXHIBITA  Project Overview Component: 1-Art Program  We know that there has been an impact on both youth and adults' ability to socialize and make valuable connections with their peers due to the COVID-19 pandemic. It is important to foster a child's emotional intelligence, build theirs social skills, and develop the skills needed for emotional regulation/connections: Isolation and decreased social interactions hasi increased social anxiety in children impacting their ability to connect and interact with their peers and regulate emotions or empathize with others. Art-based therapies can serve as an effective way for both youth and adults to express emotion and gain emotional competence and intelligence. Usinga art-based therapies to build emotional intelligence is a way to build positive social and emotional skills that Art-based therapy can help build community connectedness by offering opportunities for individuals to gather and engage in programming. This can directly address challenges from isolation created during the COVID-19 pandemic. By providing art-based programming communities can also provide outlets for community engagement, relieve stress and anxiety, address depression, build social emotional skills, build emotional Administered through Prowers County Public Health and Environment, the Prowers County Youth Council partners. with schools, local communities, and other stakeholders. to implement programming that supports healthy youth development through a 2Gen approach, Partnering with our youth, we: selected Botvin Life skills as our evidence-based program that will increase protective factors using a positive youth development approach. Beyond Life skills curriculum, the Prowers County Youth Council has made ita a goal to engage youth and adults in various community-Dased events and activities. One of the most appreciated and attended activities are our art events. These events have focused on numerous themes, including positive life outlook, youth/adult co- engagement, emotional support and grieving, positive youth development, and positive social norms. These events have allowed our program to engage our youth and community members in ways we would have been unable to do otherwise. Youth have gravitated towards art activities and often use as a coping mechanism. This led to: several discussions with two of our facilitators who work as at therapist and a school psychologist about expanding our reach with more art events. The discussion evolved and we want to provide activities to reach all The focus behind these events will be breaking down the social norms surrounding mental health. Activities would have topics that embrace the idea thati iti is okay to ask for help, positive messages, health relationships, emotions, and feelings with the hope to break down barriers fort those who need help with mental health or to empower those who might need additional support. During these events, an art instructor will lead the program with the support ofr mental health service providers. The lesson/activity willl have a preplanned theme where the art instructor will teach the class, and while instructing, use language provided by the mental health service provider. Then the staff wouid engage with the audience expanding on the message/theme to deepen the conversation. This would allow for essential levels of support with the option of the participants reaching out for additional support after the activity was completed if needed. Programming would be structured for different age groups and settings and offered in Spanish to ensure all county residents have access to the program. We plan to hold 20 community art-based events during the year and 45 Friday art programs for community youth. We would hold at least one art program a month, with additional programs being offered in different county locations in May, June, July, August, and December to reach the total of 20 events. To allow for programming to  allowi individuals to make deeper personalconections with others.  intelligence and develop social connections.  ages and subgroups of our community.  art  will need to be purchased, and al location to hold programming will need to be  bet fully implemented, supplies  3    22 IHJA173925 4 EXHIBITA  secured. These would include programming for youth, adults, and co-events for families. The goal oft the community programming would bet to have 25 individuals attend each event fora a total of 500 participants (20 events with 25 participants). For our Friday Art programming, we would have a goal of 20 participants fora at total amount of 900 individuals attending during the year (45 events with 20 participants). This would allow us to service and provide support to roughly 1,400 residents. We plan to have two trained support staff during these events to help facilitate conversation and help the arti instructor. During the program, food and beverages willl be served to participants. This will allow for a dedicated time for social interactions with peers or other community members to help strengthen: soclal/community bonds. Additional staff support can be obtained with budget funds Funds applied for within this grant for Component 1 willl be passed through to Prowers County Public Health and  fors stafft training and guest artists to lead/instruct special sessions. Environment for the administration of the Art-Based' Therapy Program. Component 2. - Co-Pay Coverage & In-Patient Treatment Coverage  Prowers County ranks 6th poorest county in Colorado. In reaching out to our 31 behavioral health providers in our county, we found that High Plains Community Health Center has approximately 838 encounters per year with individuals with private insurance. Southeast Health Group has 324 encounters annually with individuals with private insurance and Ryon Medicai currently has only 3 active private insurance clients. The average co-pay per client is $30-$50 per visit. To reduce the barrier of individuals not attending therapy due to lack of resources to meet the co-pay or lack of resources to cover the cost ofi in-patient treatment, we are requesting $20,000 int funds to create a' "voucher" whereby the service provider would notify DHS ifa client was unable to make their co-pay and DHS would reimburse the provider for these costsuntil all $20,000 of funds are expended. Funds applied for under Component 2 of this grant will be held with Prowers County Department of Human Services who will reimburse local behavioral health providers after proper documentation has been provided with ar request for co-pay reimbursement. Southeast Health Group has utilized this process in the past and we will be Component 3 -S Support for Good Grief Group/Child Life Specialist Outreach, Education and Navigation What we have seen since the onset of the pandemic is an insurmountable experience of griefwith our children and adults in Prowers County. Our community members have grieved the loss of normalcy once taken for granted pre-pandemic. They! have grieved interaction with their friends, peers, co-workers, and neighbors during times when separation and isolation was necessary for the safety of all. Children have grieved physical and social connections with their peers when they were completing online learning. Families have grieved the connections and contact with their elderly neighbors, family, and friends. They have had to grieve the loss of employment, the loss of opportunity, and the looming sense of wondering when this pandemic may evere end. They! have had to grieve the normalcyt that life once provided in engaging activities within their communities and churches. One in 14 children will experience the death of a parent or sibling before the age of18. Unfortunately, many children and adults have had to grieve a death in their family due to COVID. Additionally, loss related to substance abuse isas serious issue in our community as well. Children have experienced loss due to neglectful parenting, due to removal from their home, due to termination of parental rights, and due to parent overdose and death. In addition to the grief associated with the many losses COVID has brought, our community' faced a tremendous loss this fall. Five high school students attending the small school in Wiley were all tragically killed in an automobile accident. The children ranged in age from freshman through seniors. Alli five of the youth were participants in their schools, churches, athletics, 4H, etc. and had countless ties to the community through their  able to use the same process with these grant funds.  active  parents. This event. shook our community to its core.  4    22 IHJA 173925 5 EXHIBITA  Processing grief is not easy and it weighs heavy on even the most logical and capable adult. Itis with that knowledge that the need for healthy grief support among children dealing with any traumatic experience comes to the forefront and is what prompted the Lamar Area Hospice to contract with Child Life Specialist, Roni Vallejos, int the creation of the Good Grief and Child Life Support Services. As one parent said during at focus group, "knowing how to call, not being discouraged, where to call, and who can help is really hard when trying to The Good Grief program has provided services to families in Southeast Colorado for 7 years. The program is offered to hospice families and to anyone who has experienced: al loss int the surrounding community. This service isc offered free of charge and has been solely supported byt funds donated within the community or raised at various community events. The program consists of the Certified Child Life Specialist making home visits, school visits, or one on one appointments in addition to hosting 6-week long grief support groups. In the beginning of Good Grief Group, 3-5 groups were held for the first several years. This past year, Lamar Hospice has held 12 good grief groups. This growth has met initial grief needs of children and adolescents who have experienced all varieties ofl loss as were previously mentioned above. As children have been positively impacted by grief support, many schools are now requesting griefs support groups are held in: schools and education provided to staff and Funds applied for within this grant for Component 3 will be passed through to Lamar Area Hospice to be utilized to expand upon the services currently provided within the Good Grief Group and Child Life Support Services. Prowers County Department of Human Services currently employs a mental health therapist who is able to provide EMDR treatment. Eye Movement Desensitization and Reprocessing (EMDR) therapy (Shapiro, 2001) was initially developed in 1987 for the treatment of posttraumatic stress disorder (PTSD) and is guided by the Adaptive Information Processing model (Shapiro 2007). EMDR is an individual therapy typically delivered one to two times per week for at total of 6-12 sessions, although some people benefit from fewer sessions. Sessions can! be Unlike other treatments that focus on directly altering the emotions, thoughts and responses resulting from traumatic experiences, EMDR therapy focuses directly on the memory, and is intended to change the way that the As our child welfare block grant and Core Services allocations continue to be cut, this funding will assist in allowing for our in-house therapist to provide this much needed treatment modality to our most vulnerable families. Additionally, by expanding the funding sources for EMDR, clients serviced outside of the child welfare Funds applied for within this grant for Component 4 willl be willl be held with Prowers County Department of Human Services and utilized to offset a small portion oft the salary and fringe cost for our in-house therapist. Current barriers that impact services delivery include stigma associated with receiving mental health/Dehavioral. health treatment, lack of financial means to be able to afford private insurance co-pays, lack of knowledge related tor navigating grief, loss and emotions brought on by the pandemic and recent tragic events occurring within our community, lack of qualified and trained mental health providers, and lack of programming to assist in developing  navigate systems." The Child Life Specialist provides this critical navigation.  teachers who are eager to hear how to help children cope with loss and grief.  Component 4-E Expanding. EMDR Services to Child Welfare Clients  conducted on consecutive days.  memory is stored int the brain, thus reducing and eliminating the problematic symptoms.  program will be able to access these services.  Current Barriers and Gaps  emotional intelligence and enhancing social connectedness.  5    22 IHJA 173925 6 EXHIBIT A  Service Area & Target Population:  Programming will be available to children and adultsi in Prowers County, Colorado.  Addressing Equity, Diversity, and Inclusion:  Services for components 1-3 will be available for any Prowers County resident. Services for component 4 will be provided to any current client being served by the Department of Human Services. Services will ber marketed via  our lobby, our social media networks and through our community partners.  Organizational Capacity & Key Staff  DHS Staff: Lanie Meyers-Mireles, Director- Program oversight, connecting the programs with existing service providers in the community, monitoring and supervising accounting staff; Lisa Farmer, CFO - Financial budgeting, reporting and oversight. Monitoring expenditures to ensure funds are spent according to the grant guidelines and applications; Mindy Maestas, Office Manager AP/AR - Will assist with financial duties External Organizations: Mat Biszak, Prowers County Public Health and Environment, Tamara Nickelson, CFO Prowers County Public Health and Environment, Southeast Health Group, Ryon Medical, High Plains Experience in Working in Underserved Communities Needing Behavioral Health Treatment The Department of Human Services has vast experience in working with underserved communities needing behavioral health treatment through programs including Child Welfare, Adult Protection, Colorado Works, Supplemental Nutrition Assistance Program, Medicaid, Colorado Health Plan Plus, Child Support Services, etc. Additionally, under our umbrella of operation includes the Hotline County Connection Center and a county-run child care center. Our experience in working across numerous programs is vast as is our experience in working  associated with AP/AR, contract monitoring, and fiscal oversight.  Community Health Center  with numerous partner agencies. Partnering Agencies  Prowers County Public Health and Environment; About FACE Collaborative Management Program; Lamar, Wiley, Holly and Granada School Districts; The Cornerstone Resource Center; Southeast Health Group; Ryon Medical; High Plains Community Health Center; Lamar Area Hospice/Good Grief Group, Colorado Plains Child Life and Early  Intervention  Quality Assurance & Plan to Distribute Funds:  Methods by which quality assurance will be monitored will occur via monthly reporting and reimbursement requests submitted from the partnering agencies within this grant application. Quarterly clients served reporting will be submitted to the DHS Director to assure services are being administered as outlined within the grant and Funds will be held by Prowers County DHS and Prowers County Public Health and the Good Grief Group/Lamar Hospice will: submit monthly invoices for reimbursement. Funds utilized to support co-pays/in-patient treatment will be reimbursed upon receiving proper documentation. Funds to support EMDR therapy services will be draw  within the contracts that willl be executed with the: service providers.  upon monthly and supported by 100% time reporting by ouri in-house therapist.  Sustainability:  The long-term sustainability of our program is al high priority for Prowers County. We will continue to develop our community'sability to fundraise in order to diversify our revenues.. Additionally we will work with the key stakeholders and partners in our community to demonstrate and share the importance oft this programming and  6    22 IHJA 173925 7 EXHIBIT/ A  work to blend and braid local funding sources to help provide ongoing support. Our funding strategies also include building relationship with other foundations, cultivating support from local sponsors and individual  donors, and developing revenues from special events.  Additional Requirements:  As outlined within the narrative above, this grant is truly a partnership with numerous community: agencies within rural Eastern Colorado. Innovation is clearly demonstrated within the proposed programming and non-traditional partnerships. Community! input and local planning efforts are also outlined above and also a continuation oft the work done through our Child Maltreatment Prevention Framework for Community Action Planning and the ongoing assessment and work done through the Collaborative Management Program partnerships.  7    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 1/24/23 Submitter: Rose Pugliese  Submitted to the County Administration Office on: 1/16/23  Return Originals to: Jana Coen  Number of originals to return to Submitter: 0  Contract Due Date: N/A  Item Title/Recommended Board Action: RESOLUTION 2022-21"  "A RESOLUTION AMENDING PROWERS COUNTYLAND USE REGULATIONS  Justification or Background: Amend wind setbacks title  Fiscal Impact: None  Approved by the County Attorney on: 1/24/23 Additional Approvals (if required): N/A  PLEASE ATTACH THIS SHEET TO ALL AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.    RESOLUTION NO.2022-21A  Al RESOLUTION AMENDING PROWERS COUNTY: LAND USE  REGULATIONS RESOLUTION 2022-21  WHEREAS, on December 15, 2022, aj public hearing was held to consider certain changes WHEREAS, the Prowers County Planning Commission made recommendations and public testimony was taken with respect to setbacks for wind turbines; and WHEREAS, the Board of County Commissioners of Prowers County, Colorado (the "Board") unanimously decided to set certain setbacks for wind turbines; and WHEREAS, Resolution No. 2022-21 was unanimously adopted by the Board; and WHEREAS, the heading for setbacks for wind turbines in Section () was inadvertently NOW, THEREFORE, BE IT RESOLVED BY THE PROWERS COUNTY BOARD OF 1. It was the Board' intent, based on the recommendations of the Prowers County Planning Commission and public testimony, to set setbacks for wind turbines; and 2. Resolution Number 2022-21 is hereby amended to include SETBACKS FOR WIND TURBINES" as the heading for Section () SETBACKS.  to the Prowers County Land Usel Regulations; and  missing the words "FOR WIND TURBINES." COUNTY COMMISSIONERS THAT:  ADOPTED this 24th day of January, 2023, by the Board of County Commissioners of  Prowers County, Colorado.  Ron Cook, Chairman  Wendy Buxton-Andrade, Vice-Chairman Thomas Grasmick, Commissioner  ATTEST:  Jana Coen, County Clerk    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 01/24/2023 Submitter: Mark Westhoff  Submitted to the County Administration Office on: 01/17/2023  Return Originals to: Jana Coen  Number of originals to return to Submitter: 1  Contract Due Date: N/A  Item Tite/Reommended Board Action: Consider Approval of Standard Form Agreement between The Board of County Commissioners ofl Prowers County and CRP Architects, PC, to complete Prowers County Rural Fire station design and planning, totaling $51,300, and  Authorizing BOCC Chairman to Execute the Document.  Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on: 1/5/2023 Additional Approvals (if required):  PLEASE ATTACHTHIS SHEETTO. ALL AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    AIA  Document B101 - 2017  Standard Form of Agreement Between Owner and Architect  AGREEMENT made as oft the 28th day of! November in they year 2022 (Ims words, indicate day, month and year:) BETWEEN the Architect's client identified as the Owner: (Name, legalstatus, address and other information)  ADDITIONS AND DELETIONS: The author oft this document has addedi information needed fori its completion. The authorr may also have revised thet text oft the original AIA: standard form. An Additions and Deletions Reportt that notes added information. as well as revisions to the standard form texti is available from the authora and should be reviewed. A vertical line int the left margin oft this document indicates wheret the author has added necessary information andy where the author has added toc or deleted from the original AIAt text. This document has important legal attomey consequences. is Consultation witha an encouraged with toi its completion orr modification. respect  Prowers County Fire Rural Department 3001 East Poplar Street Lamar, CO81052 andt the. Architect:  (Name, legalstatus, address and other information)  CRP Architects, PC 1001 East Saint Vrain Street, Suite 300 Colorado Springs, CO: 80903 fort the.t following Project: (Name, location and detailed description) Prowers County New Fire Station County Fairgrounds Address TBD The Owner and Architect agree as follows.  it. AIA Document B101"- 2017. Copyrighto 1974, 1978, 1987, 1997,  Institute ofA Archilects," "AIA," the AIAL Logo, and "AIA Contract Documents" 2007 and: 2017by7 The American Institute of Architects. Allr reserved. The' was produced! by AIAS soflware at1 17:02:10ET on. 01/03/2023 under arer registered tradomarks and may not be usedy without rightsr permission. This American use only, andi may only be usedi ins accordance with the/ AIA Contract Order Documentse: No.2114305175 which expires ono 04/23/2023, is notf for resale, is  document 1 (389ADA29)  User Notes:  Terms dfs Service. Toreporto copyright violations, e-mail copyrighiQaia.org licensodf for one-time    TABLE OFA ARTICLES - INITIAL INFORMATION 2. ARCHITECT'S RESPONSIBILITIES SCOPE OF ARCHITECT'SE BASIC SERVICES SUPPLEMENTAL AND ADDITIONALS SERVICES C OWNER'S RESPONSIBILITIES ÇOST OF THE WORK - COPYRIGHTS ANDLICENSES CLAIMS. ANDI DISPUTES TERMINATION OR SUSPENSION 10 MISCELLANEOUS. PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE1 INITIAL INFORMATION ofexecution.")  $1.1This Agreement is based on the Initial Information set forth int this Section (For eachi item in this section, insert the information or a. statement such as "not 1.1. (Insert the Owner's program, identif documentation that establishes the Prowers County wishes to design and construct a newi fires station located on  applicable" or "unlnown at time Owner's, program, or state the manner in  $1.1.11 The Owner's) program fort thel Project: which they program will be developed.)  property): south ofLamar. The station is anticipated tol bez approximately county owned property (fairgrounds  approximately 1 acre ofland. Additional $1.1.2Thel Project's physical characteristics: dimensions; geotechnical. reports; site boundaries; Characteristics described in Exhibit 'A' (Provide total and, ifknown, a line item breakdown.)  17,000 SF ofr new construction on  project scopei is outlined inj Exhibit 'A' attached..  (Adentify or describe pertinent information about the Project's physical characteristics;  such as size; location;  public and private utilities and. services; legal description topographic: surveys; traffic and utility, studies; availabilityof  of thes site, etc.)  $1.1.3The Owner's budget for the Cost ofthe Work, as defined in Section 6.1:  IML-VwIUI a vuuger 1S suii ucig imaiieu, nowever, 1L1 1S antcipaicu toi be II le range ot 0.8 to 1.L Miillion.  $1:1.41 The Owner'sa anticipated design and construction milestone dates: it. Institute AIAI Document ofA Architects," B101" "AIA," -2017. the CopyrightQ AIAL 1974, 1978, 1987, 1997, 2007 and 20175 by The American Institute of  was produced by AIAE software at1 17:02:10E Logo, ET and" on "AIA 01/03/2023 Contract Documents", arer registered trademarks andi may not! Architects. be used Allr rights reserved. The American use only, andr mays only be used ina açcordances witht the AIA Contract under Order Documentse No,2114305175 which expires on 04/23/2023, isn notf without forr resale, permission. IsI licensed This document 2  Usor Notes:  Temms ofs Service. Tor report copyrightv violations, e-mall copyright@aia.org. forone-time  (3B9ADA29)    Design phase milestone dates, ifany:  Conceptual Design commenced in October 2022 witht the goal ofc completing Schematic quarter of2023, concurrent with completion of Construction Documents.  and during  Development by March 2023. Cost estimating and funding development will occur Design thes Design second  .2 Construction commencement date:  Construction is anticipated to commence: in thet fourth quarter of2023. Substantial Completion date or dates: Construction willl be complete by thei fourth quarter of2024.  3  .4 Other milestone dates:  $1.1.57 The Owner intends the following procurement and delivery method fort the (Identif method such as competitive bid or negotiated contract, as well as  Project:  track design and construction, multiple bid  any requirements) for accelerated orj fast-  packages, or phased construction.)  TBD  $1.1.6The Owner'santicipated Sustainable Objective for the Project: (Identify and describe the Owner's. Sustainable Objective for the Project, ifany,)  N/A  $1.1.6.11 Ift the Owner identifies a Sustainable Objective, the Owner and Architect shall AIA Document E204TM-2017, Sustainable Projects Exhibit, into this services related to the Owner's Sustainable Objective. IfI E204-2017 isi Agreement  to define complete and incorporate the terms, conditions and  and Architect shall incorporate the completed E204-2017i into the incorporated into this agreement, the Owner performing services or Work in any way associated with the Sustainable agreements with the consultants and contractors  Objective.  $1.1.7" The Owner identifies the following representative in accordance with Section: 5.3:  (List name, address, and other contact information.)  Mr. Staffon Warn, Fire Chief Prowers County Firel Rural Department 300) East Poplar Street Lamar, CO 81052  $1.1.8Thep persons or entities, in addition tot the Owner's representatiye, who are  submittals to the Owner are as follows: (List name, address, and other contact information.)  required to review the Architect's  nit. AIAI Institute Documerit ofA Architects," B101"- "AIA, -2017. the Copyrighto1 AIAI 1974, 1978, 1987, 1997, 2007 and 2017b by The American Institute of Architects.  was produced by AIAs soflware at1 17:02:10E Logo, ETS and" on "AIA 01/03/2023 Contract under Documents" Ordor are registered trademarks andi may not! be used wilthoul Allr rightsr permission. reserved. This The "American I use only, and may: only! bet usedi ina accordance witht the AIA Contract Documentse" No.2114305175 which expires on 04/23/2023, lsr notf fors resale, is liconsed document forc one-time 3  User Notes:  Temms of Service. Tor report copyright violations. e-mail copyright@ala.org.  (3B9ADA29)    $1.1.9The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.)  1 Geotechnical Engineer:  TBD .2 Civil Engineer: TBD  .3 Other, ifany:  (Listo any other consultants and contractors retained by the Owner.)  $1.1.10The. Architect identifies the: following representative in accordance with Section 2.3:  (List name, address, and other contact information.)  Brian Risley, Principal Architect 1001 East Saint Vrain Street, Suite 300 Colorado Springs, CO 80903  $1.1.11TheA Architect sball retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2:  fList name, legalstatus, address, and other contact information,) $1.1.11.1 Consultants: retained under Basic Services: .1 Structural Engineer:  MGA Structural Engineers, Inc. 115S Weber St #101, Colorado Springs, CO8 80903 2 Mechanical Engineer: M-i engmeers, inc. - IVIBE Engmeer 3425 Austin Bluffs Parkway Colorado Springs, CO 80918  nit: AIA1 Document B101" 2017. Copyrightz 01 1974, 1978, 1987, 1997, 2007 and' use only, andr may only! beu usedi ins accordance witht the AIA Contract Documentse1  Institule ofA Architecis," "AIA," the AIAI Logo, and" "AIA Contract Documents" arer 2017by The American Institule of Architects. Allr rights reserved. The "American was produced by AIAs software at1 17:02:10E ETC ond 01/03/20231 under Order No.2114305175 registeredt trademarks and may not be used without permission. This document  which expires on 04/23/2023, is not forr resale, is licensed" foro ono- time 4 Terms of Service. Tor report copyright violations, e-maile copyrighiOala.org  User Notes:  (3B9ADA29)    .3 Electrical, Engineer:  M-E Engineers, Inc. -MEP Engineer 3425. Austin Bluffs. Parkway  Colorado Springs, CO8 80918  .4 Civil) Engineer: TBD  $1.1.11.20 Consultants retained under Supplemental Services:  $1.1.12.Other Initial Information on which the Agreement is based: $1.2The Owner and Architect may rely on the Initial Information. Both necèssary, to accommodate matérial changes in the Initial Information.  however,  Information may materially change and, in that event, the Owner and the parties, Architect shall recognize that the Initial Architect's serviçes, schedule for the Architect's services, and the Architect's compensation. appropriately The Owner adjust the the Owner's budget for the Cost of the Work: and the Owner's anticipated design and construction milestones, shall adjust $1.31 The parties shall agree upon protocols governing the transmission and use of Instruments ofs other information or documentation in digital form. The parties will use. AIAJ Document Information Modeling and Digital Data Bxhibit, to establish the protocols for the development, E2037ML-2013, Building $1.3.1 Any use of, or reliance on, all or a portion ofal building information model without agreement governing the use of, and reliance on, the information contained in the: model and without relying party's sole risk and without Project liability Building to! the Information: other Modeling Protocol Form, shall bo att the using or  as  Service or any use, transmission, toj protocols having those protocols set  and exchange of digital data.  forth in AIA Document E203TM-2013, Building Information AIA Document G202TM-2013, contributors to, the building information ARTICLE2 ARCHITECT'S RESPONSIBILITIES  and  Modeling Digital Data Exhibit, and the requisite party andi its contractors or consultants, the authors of, or  model, and each oft their agents and employees.  $2.1The Architect shall provide professional services as set forth in this Agreement. The Architect isp properly licensed in thej jurisdiction where thel Project isl located toj provide the services required represents this thati it Agreement, or shall cause such services tol bey performed by appropriately licensed design professionals. by $2.2The. Architect shall perform its services consistent witht the professional skill and care. arcnitecrs pracnicing i me same or simuar locanty under tne: same or simiar circumstances. ordinarily ine provided by perform its services as expeditiously as is consistent with such professional: skill: and care and the ArCHrecL: Stiats  thel Project.  orderly progress of  Init. AIA Institute Document of Architects," B101" "AIA,"the 2017. Copyrighto1 AIAI and" 1974,1 1978, 1987, 1997. 2007 and 2017by The American Institute of Architects. All rights reserved. The American was producéd by AIAs software at1 17:02:10ETC Logo. on "AIA 01/03/2023 Contract under Documents". Order No.21143051751 arey registered! trademarks whiche and may not be used wilhouty permission. This document  I use only, and may only be used ine accordance witht the AIA Contract Documentse Terms  expires ond 04/23/2023, is notforr resale, is licensed for one-t time 5 ofService. Tor reporto copyrights violations, e-mail copyrtighi@aia.org.  User Notes:  (3B9ADA29)    $2.3 The Architect shall identify a representative authorized to act on! behalfoft the Architect with réspect to the $2.41 Except with the Owner'sl knowledge and consent, the Architect shall not engage in any employment, interest or contribution that wouldi reasonably appear to compromise the Architect's) activity, accept any $2.5The. Architect shall maintain the following insurance until termination oft this Agreement. requirements set forth below are in addition tot thet types and limits the Architect normally maintains, Ifany the Owner $2.5.1 Commercial General Liability with policy limits oft not less than Onel Million! Dollars occurrence and" Two Million Dollars ($ 2,000,000) )int the aggregate for bodily injury and property (S 1,000,000): damage. for each $2.5.2 Automobile: Liability covering vehicles owned, and non-owned vehicles used, by the Architect limits ofr not less than One Million. Dollars (S 1,000,000) per accident for bodily injury, death of any with policy property damage arising out ofthe ownership, maintenance and use oft those motor vehicles, $2.5.3 The Architect may achicve the required limits and coverage for Commercial Gcneral Automobilc! Liability througha a combination of primary and excess or umbrella liability insurance, Liability and primary and excess or umbrella liability insurance policies resulti in thes same or greater coverage as provided the such required under Sections 2.5.1 and 2.5.2, andi in no event shall any excess OE umbrellal narrower coverage than the primary policy. The excess policy shall not limits only through the actual payment by thez underlying insurers. require $2.5.4 Workers' Compensation at statutory limits. $2.5.51 Employers' Liability withy policy limits notl less than Statutory Limits for and) Five) Hundred Thousand Dollars ($500,000) disease policy limit. $2.5.61 Professional Liability covering negligent acts, errors: and omissions int the services with policy limits of not less than One Million Dollars  Project.  or professional oft the  judgment with respect to this Project.  shall pay the Architect as set forth in Section 11.9.  with person, and. along any other  statutorily required automobile coverage.  coverages oft ther underlying  the exhaustion liability insurance provide  Thousand Dollars ($100,000) ) each accident, Onc Hundred Thousand Dollars Employer Liability ofOne Hundred  (S 100,000) disease each employee,  performance claim  ofp professional  1,000,000) )int the aggregate.  ($1,000,000)per: and Onel Million Dollars ($  $2.5.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall and excess or umbrella polices for Commercial General Liability and Automobile Liability cause the primary an additional insured for claims caused in whole ori inj part by the Architect's  to include the Owner as  additional insured coverage shall be primary andi apply to both ongoing and completed requirements in this Section 2.5.  negligent acts or omissions. The  non-contributory to any ofthe Owner's insurance policies ands shall  operations.  $2.5.8The Architect shall provide certificates ofinsurancet to the Owner that evidence  with the  compliance  ARTICLE3 SCOPE OF ARCHITECT'S! BASIC SERVICES  $3.1 The Architect's Basiç Services consist of those described ini this Article 3 and include usual and structural, mechanical, and electrical engineering services. Services not set: forth in this Article 3 are customary $:3.1.1 The. Architect shall manage the Architect's services, research applicable design criteria, attend meetings, communicate with members of the Project team, andi report progress to the Owner. $3.1.2 ine Arcnitect snan coorainate I1S services wII unose services proviaea oy unc UWICI CuILA consultants. The Architect shall be entitled to rely on, ands shall not be responsible for, the  or Additional Services.  Supplemental Project uy VYRVE *  and timeliness of, services andi information furnished by the Owner and the Owner's consultants. accuracy, The completeness, Architect: shali Institute of Architects," "AIA," the AIAL Logo, and" "AIA Contract! Documents" are registered 2017by American Institute ofA Architects. Alld rightsr reserved, The" "American was produced by AIAS software at1 17:02:10ETon 01/03/2023 under Order No.2114305175 trademarks andr may not bet used without permission. This document I use only, andr may only be usedi in accordances with the AIA Contract Documentse Terms which expires on 04/23/2023, is notf for resale, is licensedf for one-time 6  init. AIAI Document B101"-2017. Copyright 01 1974, 1978, 1987, 1997, 2007 and  The  User Notos:  of Service. Toreporto copyright violations, e-mail copyrighi@aiaorg.  (3B9ADA29)    provide prompt written notice to1 the Owner ift the Architect becomes aware $3.1.3 Ass soon: as practicable aftert the date of this Agreement, the Architect shall: submit  error, ofany  or omission, inconsistency  ins such services or information.  schedule for the performance oft the Architect's services. The schedule initially shall include for the Owner's approvala commencement. of construction and for Substantial Completion oft the) Work as set forth in the anticipated Initial dates for the The schedule shall include allowances for periods oft time required fort the Owner'sreview, the Information. approved by the Owner, time limits established by the schedule shall having jurisdiction over the Project. Onçe by the Architect or Owner. With the Owner's approval, the Architect not, shall except for the reasonable: cause, be exceeded $3.1.4The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance ornon-conforming Work, made or given without the Architect's written approval. $3.1.5The Architect shall contact governmental authorities required to approve the Construction Documents entities providing utility services to thel Project. The Architect shall respond to applicable $3.1.6 The Architect shall assist the Owner ind connection with the Owner's responsibility for required: for the approval ofg governmental authorities havingjurisdiction over thel Project. filing $3.2.1 The Architect shall review: they program and other information furnished byt the Owner, and shall review $3.2.2 The Architect shall prepare a preliminary evaluation ofthe Owner's program, schedule, ofthe Work, Project site, thej proposed procurement: and delivery method, and other Initial budget terms oft the other, to ascertain the requirements ofthel Project. The Architect shall notify the Information, Owner each in inconsistencies discovered in the information, and (2) other information or consulting services that of(I)any be $3.2.3 The Architect shall present its preliminary evaluation to the Owner ands shall discuss with Owner  the Owner's consultants, and for approval ofs submissions by authorities Project proceeds until the commencement of construction.  for performance of  adjust schedule, ifnecessary, as the  and  imposed by those authorities and entities.  designrequirements  documents  $:3:2 Schematic Designi Phase Services  codes, andi regulations applicablet tot the Architect'ss services.  laws, for the Cost may the  rcasonably needed for the Project.  alternative approaches to design and construction oft the Project. The Architect shall $3.2.41 Based on the Project requirements agreed upon with the Owner, the Architect shall $3.2.5 Based on the Owner's approval of they preliminary design, the Architect shall include some combination ofs study models, perspective sketches, or  Owner regarding ther requirements oft the) Project.  reach an understanding with the  the Owner's approval, ap preliminary design illustrating thes scale and relationship oft thel Project prepare and present, for Documents for the Owner's approval. The Schematic Design Documents shall consist prepare of Schematic and Design documents including a site plan, ifappropriate, and preliminary building plans, sections and drawings other ofmajor building systems and construction: materials shall be noted on digital the drawings representations. or described Preliminarys in selections $3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based onj program aud aesthetics, in developing a consistent with the Owner's program, schedule andl budget for the Cost oft the Work. The advanced sustainable design services as a Supplemental: Service undcr Scction 4.1.1. Owner may obtain more $:3.2.5.2" The Architect shall consider thes valuc of alternative materials, building systems with other considerations based on program and aesthetics, in developing a design for thel and equipment, consistent together with the Owner's program, schedule, and budget for the Cost oft the Work. $3.2.6 The Architect shall submit to the Owner an estimate oft the Cost oft the Work prepared: in accordançe  components. clevations; and may writing. thati design is  Project thati is  Section 6.3.  with  Init. Instltute AIAI Document of Archtecis."AlAthe B101"-2017. Copyrighte e 1974, 1978, 1987, 1997, 2007 and: 2017 by The American institute of Architects. All reserved. The" was produced by/ AIA software at AIALogo, 17:02:10ET and" on "AIA 01/03/2023 Contract under Documents" Order No.21143051751 arer registeredt trademarks andi may not be used withouty rightsr permission. This document "American use only, and may only bet usedi ina accordances witht theA AIA Gontract Documents" Terms of whiche Service. expires ono 04/23/2023, is not fori resale, is licensedi for one-time 7  User Notes:  Toreporto copyright violations, e-mail copyrighi@ala.org.  (389ADA29)    $3.2.7The Architect shall submit the Schematic) Design) Documents tot the Owner, and request the Owner's $3.3.1 Based on the Owner'sa approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and thel budget: for the Cost oft the Work, the Architect shall prepare Design Development Documents for the Owner's approval. Thel Design) Development Documents shall illustrate and describe the development oft the approved: Schematic Design Documents and shall consist of documents including plans, sections, elevations, typical construction details, and diagrammatic drawings layouts ofbuilding other systems to fix and describe thes size and character oft the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials ands systems and establish, in general, their quality levels. $3.3.2 The Architect shall update the estimate oft the Cost oft the Work prepared. in accordance with Section 6.3. $3.3.3The Architect shall submit the Design Development: Documents to the Owner, advise the Owner ofa adjustments tot the estimate oft the Cost oft the Work, and request the Owner's approval.  approval.  $3.31 Design! Development Phase Services  and  any  934Construction Documents Phase Services  $3.4.1 Based on the Owner's approval oft thel Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and thel budget fort the Cost oft the Work, the Architect: shall Construction Documents for the Owner's approval. The Construction Documents shalli illustrate and describe prepare the further development of the approved Design Development Documents and shall consist ofl Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and: systems and other requirements for thes construction" ofthe Work. The Owner and Architect acknowledge that, in order Work, the Contractor willy provide additional information, including Shop Drawings, Product Data, to perform and the other similar submittals, which the Architect shall review in: accordance with Section 3.6.4. $.3.4.2 The Architect shall incorporate the design requirements of govemmental authorities  Samples having jurisdiction over  the Project into the Construction Documents.  $3.4.31 During the development of the Construction Documents, the. Architect shall assist the Owner in the development andj preparation of(1) procurement: information that describes thet time, place, and conditions of bidding, including bidding or proposal forms; (2) the form ofa agreement between the Owner and the Conditions. oft the Contract for Construction (General, Supplementary and other Conditions). The Contractor; Architect and (3) also compile aj project mannal that includes the Conditions of the Contract for Construction and $3.4:47 The Architect shall update the estimate. for the Cost of the Work prepared in accordance with Section 6.3. $3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner ofa tot the estimate oft the Cost oft the' Work, take any action required under Section 6.5, and request the any Owner's adjustments  shall  may include bidding requirements and sample forms.  Specifications, and  approval. $3.5Procurement Phase Serviçes $3.5.1 General  The Architect shall assist the Owner ine establishing al list ofp prospective contractors. Following the Owner's approval oft the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiyeness. oft bids or proposals; (3) determining the successful bid $3.5.2.1 Bidding Documents. shall consist of bidding requirements and proposed Contract Documents.  or proposal, ifa any; and, (4) awarding andj preparing contracts for construction.  $3.5.2 Competitive Bidding  93.0.L.4 ine Arcnitect snan assIsE mne uwner: m picumig te tyuu :  .1 facilitating the distribution ofBidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders;  Init. AIAI Institute Document of Architects," B101"-2 "AIA," 2017. the Copyright 0 1974, 1978,1 1987, 1997, 2007 and 20175 by The) Americanl Institute of Architecis. Allr rights reserved. The' "American wasp produced by AIA software at1 AIAI 17:02:10E Logo, ET and" on "AIA 01/03/2023 Contract under Documents" Order No.2114305175 arer registered trademarks which expires and on may 04/23/2023, not beu usedy Is without notf for permission. This document 8  use only. and may onlyb bet usedi ina accordances witht the) AIA Contract Documentse Terms of Service. Tor  resale, IsI licensed for onc- lime (3B9ADA29)  User Notes:  report copyrighty violations, e-mail copyripht@ala.org..    3 preparing responses to questions from prospective bidders and providing clarifications and iterpretations oft thel Bidding Documents to they prospectivo bidders int the form of .4 organizing and conducting the opening oft thel bids, ands subsequently documenting and addenda; distributing and, the  bidding results, as directed by the Owner.  $3.5.2.3Ifthe) Bidding Documents permit substitutions, upont the Owner's written: authorization, as an Additional Service, consider requests for substitutions andj prepare. and distribute  the Architect shall, addendai identifying approved  substitutions to all prospective bidders. $3.5.3 Negotiated Proposals  $3.5.3.1 Proposal Documents shall consist of proposal requirements andj proposed Contract Documents.  $3.5.3.2The. Architect shall assist the Owner in obtaining proposals by:  1 facilitating the distribution ofProposal Documents for distribution toj prospective contractors and 3 preparing responses to questions from prospective contractors and providing contraçtors; clarifications and  requesting their return upon completion oft the negotiation 2 organizing and participating in: selection interviews withj prospective process; interpretations oft the Proposal Documents to the 4 participating in negotiations with report ofthe negotiation  prospective contractors ini the form ofaddenda; and,  prospective contractors, and subsequently preparing as summary  results, as directed by the Owner.  $3.5.3,3Tfthel Proposal Documents permit substitutions, upon the Owner's written  as an Additional Service, consider requests for substitutions and prepare and distribute authorization, addenda the Architect shall,  substitutions to allj prospective contractors. $3.6 Construction Phase Services $3.6.1 General  identifying approved  $3.6.1.1The Arohitect shall provide. administration of the Contract between the Owner and Contractor modify AIA Document A201-2017, those modifications shall under this. Agreement: unless the Owner andt the. Architect: amend this $3.6.1.2" The Architect shall advise and consult with the Owner  forth below andi in AIA Document. A20ITM-2017, General Conditions of the Contract and the Contractor as set  for Construction. Ift the Owner not affect the. Architect's services  Agreement.  Architect shall have authority to act on behalf oft the Owncr only duringt tot the the Construction Phase Services. The Architect shall notl have control over, charge of, or responsibility for the extent provided in this Agreement. The sequences orj procedures, or for safety precautions and programs in connection construction with means, methods, techniques, Architect be responsible for the Contractor's failure toj perform the Work in accordance the Work, nor shall the  Contract Documents. Thè Architect shall bei responsible for the Architect's have control over or charge of, and shall notl be responsible acts persons or entities performing portions oft the Work. the Architect issues the final Certificate for Payment.  with thei requirements oft the negligent acts or omissions, buts shall not  for, or omissions of the Contractor or of any other  $3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect's  Construction Phase Services commences with the award of the Contract for Construction responsibility to provide  and terminates on the date  $3.6.2 Evaluations of the Work  $3.6.2.11 The Architect shall visit thes site ati intervals appropriate tot the stage of construction, or as required in: Section 4.2.3, tol become generally familiar with the progress and quality of the portion otherwise oft completed, and to determine, in general, ift the Work observed is being performed in a manner Work, when fully completed, will bei in accordance with the Contract) Documents. ber required to make exhaustive or continuous on-sitei inspcctions to. check the However, the Architect sball not thel basis oft the site visits, the Architect shalll keep the Owner reasonablyi informed quality or quantity ofthe Work. On the portion oft the Work completed, and promptly report tot the Owner (1) known about thej progress and quality of Documents, (2) known deviations from the most recent construction schedule deviations from the Contract  the Work indicating that the  defects and deficiencies observed: ini the Work.  submitted by the Contractor, and (3)  init. AIAI Inslitute Document ofA Archilects," B101" "AIA," 2017. the Copyright AIAI @ 1974, 1978, 1987, 1997, 2007 and: 20171 by The American Insltute ofA Architects. Allr reserved.  was produced! by AIAS software at1 17:02:10E Logo, ETC and" on "AIA 01/03/2023 Contract under Documents" Order No.2114305175 are registered trademarks which and mays not be used without rights pormission. This The document American  /  use only, andi may only beu usedl In accordance with! the AIA Contract Documents*" Terms  expires on 04/23/2023, Is notf for rosala, is liconsed for one-time 9 ofs Service. Tor reporto copyright violalions, e-mail copyrighl@aia.org.  User Notes:  (3B9ADA29)    $3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. the Architect considers itr necessary or advisable, the Architects shall havc the authority to require testing oft the Work in accordance with thej provisions oft the Contract Documents, whether or not inspection the Work is or fabricated, installed or completed. However, neither this authority oft the Architect nor: a decision made in either to exercise or not to exercise such authority shall giver rise toa duty or responsibility ofthe Architect good to the faith Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities $:3.6.2.3 The Architect shall interpret and decide. matters concerning performance under, and Contract Documents on written request ofeither the Owner or Contractor. The Architect's requirements to such of, the shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. response $:3.6.2.4 Interpretations and decisions oft fhe Architect shall be consistent with thei intent of, and reasonably from, the Contract Documents and shall bei in writing or in thei form of drawings. When and. decisions, the Architect shall endeavor tos secure: faithful performance by both Owner making: and such interpretations show partiality to either, and shall not be liable for results ofi interpretations. or decisions rendered: Contractor, shall not Architect's decisions on matters relating to aesthetic effect shall be final ifconsistent with the in good faith. The $3.6.2.5 Unless the Owner and Contractor designate another person to: serve as an Initial Decision term is defined in AIA Document, A201-2017, the. Architect shall render initial decisions $3.6.3.1The Architect shall review and certify the amounts due the Contractor and: progressed to the pointi indicated, the quality of the Work isi in accordance with Contractor is entitled to paymenti in the amount certified. The completion, and (4) specific qualifications expressed by the Architect. $3.6.3.2 The issuance ofa Certificate for Payment shall notl be: aj representation that payment, or (4) ascertained how or for what purpose the Contractor has used  Whenever  the) Work.  performing portions of  requests inferable  Contract Documents.  intent expressed in the Maker, as that on Claims between the  Owner and Contractor as provided in the Contract Documents. $3.6.30 Certificates for Payment to Contractor  amounts. The Architect's certification for payment shall constitute a representation shall the issue certificates in such Architect's evaluation oft the Work as provided in Section 3.6.2 and on the data to Owner, based on the Application forl Payment, that, to the best of the Architect's knowledge, information comprising and bclief, the Contractor's evaluation oft the Work for. conformance with the Contract Documents foregoing representations are: subject to (1): an subsequent tests andi inspections, (3) correction of minor deviations from upon the Substantial Contract Completion, (2) results of exhaustive or continuous on-site inspections to check the quality or quantity ofthe Work, the Architect has (1) made means, methods, techniques, sequences or procedures, (3) reviewed copies ofr requisitions (2) reviewed construction Subcontractors ands suppliers and other data requested by the Owner tos substantiate the Contractor's received from $3.6.3.3 The Architect shall maintain ar record oft the Applications and Certificates for Payment. $ 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably approval oft the schedule. The Architect'sa action ini reviewing submittals shall be taken in accordance delay or withhold approved submittal schedule or, int the: absence ofan approved submittal schedule, withi allowing sufficient time, in the Architect's professional judgment, toj permit adequate review. reasonable promptness while $3.6.4.2 The Architect shall review and approve, or take other appropriate action such as Shop. Drawings, Product Data and Samples, but only for the limited upon, with information given and the design concept expressed in the Contract purpose of checking for conformance sequences or procedures. The. Architect'ss approval ofa specific item shall not indicate means, methods, techniques,  the Work has  the Contract Documents, andt that the Documents prior to  rightt to  the Contract Sum. $3.6.45 Submittals  money previously paid on account of  with the  the Contractor's  submittals  not fort thej purpose ofdetermining the accuracy and quantities, and installation or pertormance of Architect's review shall not constitute which the itemi isa component.  Documents. Revicw ofs such submittals is  completeness ofother information such as dimensions, equipment or systems, which arei the Contractor's responsibihy. EE  approval of safety precautions or construction:  approval of an assemblyof  Init. Institute AIAI Document ofA Architects," B101"- "AIA, 2017. the Copyrighte AIAL Logo, and" 1974, "AIA 1978, Contract 1987, 1997, 2007 and: 20171 by The American Institute ofA Architects. Allr rights reserved. The" "American was produced by AIAS software at 17:02:10E ET on 01/03/2023 under Documents" Order arer registeredt trademarks andi may not be used without permission. This document / use only, and may only beu usedi Ina accordances with the AIA Contract Documentse No.2114305175 Terms which expires on 04/23/2023, Is notf forr resale, is licensed fors one-time 10  Usor Notes:  ofs Service. To reportcopyrights violations, e-mail copyrighi@ala.org.  (3B9ADA29)    $3.6.4.31 Ift the Contract Documents specifically, require the Contractor to provide profossional design services or certifications byad desigu professional related tos systems, materials, or equipment, the Architect: shall specify the appropriate performance and design criteria that suchs services must: satisfy. The Architect shall review and take appropriate action on Shop) Drawings and other submittals related tot the Work designed or certified by the Contractor's design professional, provided the submittals bear such professional's seal ands signature when submitted to the. Architect. The Architect's review shall be for the limited purpose of checking for conformance with information given andt the design concept expressed int the Contract Documents, The Architect sball be entitledt to rely upon, ands shall not be responsible: for, the adequacy and accuracy of thes services, certifications, and approvals $3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests fori information about the Contract Documents. The Architeçt: shall set: forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement thati indicates the: specific Drawings or Specifications ini need of clarification andt the nature oft the clarification requested. The Architect's response to: such requests shall ber madei in writing within anyt time limits agreed upon, or otherwise with reasohable promptness. If appropriate, the Architect shall prepare andi issue supplemental Drawings and Specifications in $3.6,4.5 The Architect shall maintain ar record ofs submittals and copies of submittals supplied the Contractor $3.6.5.11 The Architect may order minor changes in the' Work that are consistent with thei intent ofthe Contract Documents and do noti involve an adjustment in the Contract Sum or an extension oft the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's  performed or provided bys such design professionals.  response to1 ther requests for information.  accordance $3.6.5 Changes in the Work  by  in  with the requirements oft the Contract Documents.  approval and execution in accordançe with the Contract Documents. $3.6.5.2 The Architect shall maintain records relative to changes in the Work.  $3.6.61 Project Completion $3.6.6.17 The Architéct shall:  1 conducti inspêctions to determine the date or dates of Substantial Completion and the date off final .3 forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and received: from the Contractor; and, .4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best oft the Architect's knowledge, information, and belief, the Work complies with the requirements oft the  completion;  .2 issue Certificates ofSubstantial Completion;  Contract Documents.  $3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance oft the Work with the requirements oft the Contract Documents andt to verify the accuracy and completeness of the list submitted $3.6.6.3 When Substantial Completion has been achieved, the Architect shalli inform the Owner about thel balance of the Contract Sum remaining tol be paid the Contractor, including the amount tol be retained from the Contract Sum, if $3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surely" or sureties, ifany, to reduction in or partial release of retainage or the making of final payment; affidavits, reccipts, relcases and waivers of liens, or bonds indemnifying the Owner against liens; and (3): other (2) pun icyucst Uf tne Owner, and prior to the expiration of one year from the date of Substantial the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility Compietion,  Contractor  by thc  ofWork to be completed or corrected.  any, for final completion or correction ofthe Work.  documentation: required oft the Contractor under the Contract Documents.  any  M  operations and performance.  Init. AIAI Document B101"_2017. Copyrighte 1974, 1978, 1987, 1997, 2007 and 2017by The American) Institute of Architecls. Allni Institute ofA Architects," ""AIA," the AIAI Logo, and" "AIA Contract Documents" are registered trademarks andr  righls reserved. The American e-mail copyright@ala.org. (3B9ADA29)  was produced by AIAS software at1 17:02:10 ET on 01/03/20231 under Order No.2114305175 which expires ond may 04/23/2023, not bet used without notf permission. This document 11 use only, and may only be usedi ina açcordance witht the AIAC Contract Documentse Terms of Service. Toreportcopyright violations, isr forr resale, is licensed ford one-time  User Notos:    ARTICLE4 SUPPLEMENTAL AND ADDITIONALS SERVICES  54.1Supplemental: Services  54.1.1Thes services listed. below are not included in) Basic Services buti may ber required for the) Architect shallj provide the listed Supplemental: Services only ifspecifically designatedi in the table Project. below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, ifneither the Owner nor the Architect is designated, the agree that the listed Supplemental Service is not being provided for thel Project. (Designate the Architect's. Supplemental: Services and the Owner's Supplemental. Services required for the Project byi indicating whethers the Architect or Owners shall be responsible for providing thei identified, Supplemental. Service. Inserta description of the Supplemental Services in, Section 4.1.2 below or attach the description ofservices as an  The parties  exhibitz tot this Agreement.) Supplemental Services $4.1.1.1 Programming $4.1.1.2 Multiple preliminary designs $4.1.1.3 Measured drawings $4.1.1.4 Existing facilities surveys $4.1.1.5 Site evaluation andj planning 54.1.1.6 Building Information Model management $4.1.1.7 Development of Building Information Models for  Responsibility (Architect, Owner, or not provided) Architect Not Provided Not Provided NotF Provided Architect NotF Provided NotProvided Architect Architect Architect NotF Provided Not Provided Not Provided Not Provided Not Provided Architect NotF Provided NotF Provided Not Provided NotF Provided Architect Not Provided Owner Not Provided NotF Provided NotF Provided NotF Provided Owner NotF Provided NotF Provided  fesponsibilities post construction use 54.1.1.8 Civil enginecring $4.1.1.9 Landscape design $4.1.1.10. Architectural: interior design $.4.1.1.11 Value analysis inSection 6.3  $4.1.1.12 Detailed cost. estimating beyond that required $4.1.1,13 On-sitej projèct representation $4.1.4.14 Conformed: documents for construction $.4.1.1.15 As-designed record drawings $4.1.1.16 As-constructed record drawings $4.1.1.17 Post-occupancy evaluation $4.1.1.18 Facility support services $4.1.1.19 Tenant-related: serviçes $4.1.1.20 Architect's coordination oft the Owner's $4.1.1.21 Icltecommumigationsdata design $4.1.1.22 Security evaluation and planning $4.1.1.23 Commissioning $-4.1.4.25 Fast-track design services $4.1.1.26 Multiple bid packages $4.1.1.27 Historic preservation $4.1.1.28 Furniture, furnishings, and equipment design $4.1.1.29 Other services provided by specialty Consultants $4.1.1.30 Other Supplemental Services  consultants  $4.1.1.24 Sustainable Project Services pursuant to Section  4.1.3  Init. AIAI Institute Document ofA Architects," B101" "AIA," 2017. the Copyright AIA 01 1974, 1978, 1987, 1997, 2007 and 20175 by) The American Instituto of/ Architects. Allr rights reserved. The "American wasp produced by AIA: softwareat 17:02:10E Logo, ETC and' on "AIA 01/03/2023 Contract under Documents" Order No.2114305176 are registered trademarks which expires andr may not! be used without permission. This document use only., and may only be used ins accordance witht the AIA Contract Documentse) Terms ofs Service. on 04/23/2023, is notf for resale, is licensed for onet time 12  User Notes:  Tor report.copyright" violations, e-mail copyright@ala.ory.  (3B9ADA29)    $4.1.2 Description of Supplemental Services  $4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Archtetsresponsibiliy is (Describe in detail the Architect s Supplemental. Services identified in, Section 4.1.1 or, ifset forth in an exhibit, identif thee exhibit. The AIA publishes a number of Standard Form of Architect's, Services documents that can be  provided below.  included as an exhibit to describe the Architect's Supplemental Services.)  $4.1.2.2A A description of each Supplemental Service: identified in Section 4.1.1 ast the Ownersresponsibility is (Describe in detail the Owner 's Supplemental Services identified in; Section 4.1.1 or; ifset forth in an exhibit,  provided below. identify the exhibit.)  $4.1.31 Ifthe Owner identified a Sustainable Objective in Arlicle 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204IM-2017, Sustainable: Projects Exhibit, attached tot this Agreemerit. The Owner shall compensate the. Architect as provided. in Section 11.2. The Architect may provide. Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due tot the fault oft the Architect, any. Additional Services provided in accordance with this Section 4.2: shall entitle the Architect to compensation pursuant to Section 11.3 and an $4.2.1 Upon recognizing the needt toj perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstançes giving rise to the need. The Architect shall not proceed toj provide the following Additional Services until the. Architect receives the Owner's written authorization: .1 Services: necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, ora a material change int the Project including size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment OrI revision of codes, laws, or regulations, including changing or .3 Changing or editing previously prepared. Instruments of Service necessitated by official interpretations ofapplicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance oft the building permit, or (b) contrary to requirements oft thel Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard ofo care; .4 Services necessitated by decisions oft the Owner not rendered: in ai timely manner or any other failure of performance on the part oft the Owner or the Owner's consultants or contractors; Preparing digital models or other design documentation for transmission toi the Owner's consultants and contractors, ort to other Owner-authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; 7 Preparation for, and attendance at, aj public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where .9 Evaluation oft the qualifications of entities providing bids or proposals; .10 Consultation concering replacement ofWork resulting from fire or other cause during construction; .11 Assistance tot the Initial Deçision Maker, ifother than the. Architect.  $4.2A Architect's Additional Services  appropriate adjustment in the Architect's: schedule.  editing previously prepared Instruments of Service;  the Architect is party thereto;  or,  $42.27 To. avoid delay in the Construction Phase. the Architect shait nrovide the falinsring arnannns ak notify the Owner withs reasonable promptness, and explain the; facts and circumstances giving riset to the need. M, upon receipt oft the Architect's notice, the Owner determines that all or parts of thes services ares not required, the Init. AIAI Document B101" -2017. Copyright 91 1974, 1978,1 1987. 1997, 2007 and: 20171 by" The American! Institute of Architects. Allr rights reserved. American Institute ofA Architects," "AIA,"t the AIA Logo, and" "AIA Contract Documents" arer registered trademarks and may not! be used withoutp permission. This The document was produced by AIAs software. at1 17:02:10E ETon 01/03/2023 under Order No.2114305175 which expires on 04/23/2023, is use only, and may only' bet used in: accordances with the AIA Contract Documents9 Terms ofServiçe. Tor copyright violations, not for resale, e-mail licensed for one-lime  is copyright@aia.org. (3BOADA29)  13  User Notes:  reporto    Owner shall give prompt written notice tot the Architect oft the Owner's determination. The Owner shall compensate 1 Reviewing a Contractor's: submittal out ofs sequence from the submittal schedule approved by the .2 Responding to the Contractor's requests fori information that are not prepared in accordance with the Contract Documents or where suchi information is available tot the Contractor from a careful study and comparison ofthe Contract Documents, field conditions, other Owner-providedi information, Contractor-prepared coordination drawings, or prior) Project correspondence or documentation; .3 Preparing Change Orders and Construction Change) Directives that require evaluation of Contractor's proposals and supporting data, or the preparation ori revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the. Initiall Decision Maker; or, .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to $4:2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional  the Architect fort thes services provided priort to the Architect's receipt oft the Owner'snotice.  Architect;  Instruments of Service resulting therefrom.  Services. When the. limits below are reached, the Architect shall notify the Owner:  Two (2)reviews ofe each Shop Drawing, Product Data item, sample and similar submittals of the .2 Fifty-Two (52) ) visitst to thes site by the Architect during construction .3 Four(4)inspections for any portion oft the Work to determine whether such portion of the Worki is substantially complete in: accordance with ther requirements oft the Contract Documents .4 Four (4)inspections for any portion ofthe Work to determine final completion. $4.2.4E Except for serviçes required under Section 3.6.6.5 and those services that do not exceed the limits set forthi in Section 4.2.3, Construction Phase Services providedi more than 60 days after (1) the date of Substantial of the Work or (2) thei initial date of Substantial Completion identified: in the agreement between the Owner Completion and Contractor, whichever is earlier, shall be compensated: as Additional Services tot the extent the Architect incurs $4:2.5 Ifthes services covered by this Agreement have not been completed within' Thirty-Six (36) months oft the date ofthis Agreement, through noi fault of the. Architect, extension of the Architect's services beyond that time shall $5.1 Unless otherwise provided: for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for andl limitations on the Project, including; a written program, which shall set forth the Owner's objectives; schedule; constraints and criteria, including space requirements and relationships; flexibilily; $.5.2 The Owner shall establish the Owner's budget for the Project, including (1) the budget for the Cost oft the Work as defined in Section 6.1;(2) the Owner's other costs; and, (3) reasonable contingencies related to all oft these costs. The Owner shall update the Owner's budget for thel Project as necessary tbroughout the duration ofthe Project until final çompletion. Ifthe Owner significantly increases or decreases the Owner's budget for the Cost oft the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding $5.3 The Owner shalli identify ai representative authorized to act on the Owner's behalf with respect to thel Project. The Owner shall render decisions and approve the. Architect's submittals in a timely manner in order to avoid $5.4 The Owner: shall furnish surveys to describe physical characteristics, legal limitations and utility locations for thes site ofthe Project, and a written legal description oft the site. Thes surveys and legal information shall include, as applicable, grades and lines ofs streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent arainage; ngnts-or-way, restricrions, easements, encroacnmens, zonig, deea restricnons. poungaries alfa contours oft the: site; locations, dimensions, and other necessary data with respect to existing buildings, other improvemonts andt trees; andi information concerning available utility services and lines, both public and private, Init. AIAT pocument B101" 2017. Copyrighte 1974, 1978, 1987, 1997, 2007 and 2017 by The Americanl Insutute of Architects. All reserved. The American was produced by AIA software at1 17:02:10 ETS ond 01/03/2023 undor Ordor No.2114305175 which expires ond 04/23/2023, not bet usedy is withoutp notf forr resale, permission. isi licensed This document for one-lime 14 A use only, andr may only bet usedi ina accordance with the AIA Contract Documentse Terms of Service. Ton reporto copyright violations, e-maild  Contractor  additional cost inj providing those Construction: Phase Services.  beic compensated. as Additional Services. ARTICLE5 OWNER'S RESPONSIBILITIES  expandability; special equipment; systems; and site requirements.  in change  the Project's scope and quality.  unreasonable delay in the orderly ands sequential progress oft the Architect's: services.  Inslitute ofA Architects," "AIA," the AIAL Logo, and" "AIA Contract Documents" arer registeredt trademarks and may  rights  User Notes:  copyright@aia.org. (3B9ADA29)    above and below grade, includingi inverts and depths. All the information ont the survey shall be referenced  Project benchmark.  toa  $5.5 The Owner shall furnish: services of geotechnical engineers, which include determinations ofs soil bearing values, percolation tests, evaluations ofhazardous may  test borings, test pits,  ground corrosion tests and resistivity tests, including necessary operations for materials, subsoil seismic evaluation, $5.6 The Owner shall provide the Supplemental Serviccs designated as the Owner'sresponsibilityi in Scction 4.1.1. $5.7) Ifthe Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities required in AIA Document E204IML-2017, Sustainable Projects Exhibit, attached to this Agreement. $5.8 The Owner shall coordinate thes services ofi its own consultants with those services Upon the Architect's request, the Owner shall furnish copies oft the scope ofs services in the provided contracts by the Architect. Owner and the Owner's consultants. Thc Owner shall furnish the: services of consultants other than between the ast the responsibility oft the Architect in this Agreement, or: authorize the. Architect toi fumish Service, when the Architect requests suchs services and demonstrates that ofthe Project. The Owners shall require thati its consultants and contractors they maintain are teasonably required by the scope professional liability insurance, as appropriate tot thes services or work provided. insurance, including $5.97 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such structural, mechanical, and chemical tests, tests for: air and water pollution, and tests for hazardous materials. as reasonably necessary at any time for thel Project to meett the Owner's needs and interests. auditing services, that may be  written reports and appropriate recommendations.  anticipating  conditions, with  as  those Additional designated them as an  $5.10 The Owner shall furnish all legal, insurance and accounting services, including $5.11The Owners shall provide prompt written notice tot the Architect ift the Owner becomes defect inj the) Project, including errors, omissions or inconsistencies in the Architect's $5.12The Owner shall include the Architect in all communications with the Contractor Architect's services or professional responsibilities. The Owner shall  aware ofa any fault or Instruments of Service. that relate to or affect the  ofany direct communications between the Owner and the Contractor otherwise promptly notify the Architect of thes substance Communications by and with the Architect's consultants shall be through the Architect. relating to the Project. $5.131 Before executing the Contract for Construction, the Owner shall coordinate the Architect's responsibilities set forth in the Contract for Construction with the Architect's: services set The Owner shall provide the Architect a copy oft the executed agreement between thc Owner forth and in this Agreement. including the General Conditions ofthe Contract for Construction. $5.14The Owner shall provide the Architect access to the Project site prior to commencement oft the obligate the Contractor to provide the Architect açcess tot the Work wherever iti isi inj $5.15 Within 15 days after receipt ofay written request from the Architect, the Owner $6.11 For purposes ofthis Agreement, the Cost oft the Work shalll be the total cost to the Architect; the costs ofthe land, rights-of-way, financing, or contingencies for $6.2 Ihe Owner's budger fort the Cost of the work 1S provided in initial nrormation, and throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations oft the Owner's snan De aujusitn for the Work, and thej preliminary estimate oft the Cost oft the Work and updated estimates Init. AIAI Institute Document of Architects.""AIA" B101" 2017. the CopyrightG AIAL 01 1974, 1978, 1987, 1997, 2007 and: 2017 by7 The American Institute of Architects.  duties and Contractor, Work and shall  preparation or progress.  information as necessary andi relevant for the Architect to evaluate, give notice of, or enforce shall furnish lieni thes requested elements oft the Project designed or specified by the Architect and shall include contractors' Owner to construct. all overhead and profit. The Cost ofthe Work also includes the reasonable value oflabor, general conditions costs, donated to, or otherwise furnished by, the Owner. The Cost of the Work does noti include materials, the and equipment,  rights.  ARTICLE6 GOST OF: THE WORK  in the compensation ofthe Work; or other costs budget the Cost of ofthe Cost oft the Work,  that are the responsibility of the Owner.  changes  was produced by AIAs software at 17:02:10E Logo, ET and" ond "AIA 01/03/2023 Contract under Documents" Order arer regislered trademarks and mayr not! be used without Allr rights permission. reserved. This The" document American use only. and may only be usedi ina accordances witht the/ AIA Contract Documentse No.2114305175 Terms which Service. expires on 04/23/2023, isn notf for resale, isl licensed forc one-t time 15  User Notes:  of  Tor report copyright violations, e-mail copylight@ala.org.  (3B9ADA29)    prepared by the Architect, represent the Architect's judgment as a design professional. Itis recognized, however, that neither the Architect nor the Owner has control over the cost ofl labor, materials, or equipment; the Contractor's methods of determining bidj prices; or competitive bidding, market, or negotiating conditions. Accordingly, thei Architect cannot and does not warrant or represent that bids or) negotiated prices will not vary from the Owner's budget fort the Cost oft the Work, or from any estimate of the Cost oft the Work, or evaluation, preparcd or agreed to $6.31 Inj preparing estimates oft the Cost of Work, the Architect: shall bej permitted toi include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are tol bei included in the Contract Documents; tot recommend reasonable adjustments int the program ands scope of thel Project; and toi include design alternates as may be necessary to: adjust the estimated Cost of the Work to meet the Owner's budget. The Architect's estimate oft the Cost of the Works shall be based on currenta area, volume or similar conceptual estimating techniques. lfthe Owner: requires a detailed estimate oft the Cost ofthe Work, the Architect shall provide such an estimate, ifi identified ast the Architect's responsibility: in Section 4.1.1, as $6.4If, through no fault ofthe Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner's budget for the Cost oft the Work shall be adjusted to1 reflect changes int the general level ofprices int the applicable construction market. $6.5Ifat any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost oft the Work, the Architect shall make appropriate recommendations: to the Owner to adjust the Project's size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect inj making suchs adjustments. $6.6Ifthe Owner'st budget for the Cost oft the Work att the conclusion oft the Construction Documents Phase Services is exceeded by thel lowest bona fide bid or negotiated proposal, the Owner shall  byt the Architect.  a Supplemental Service.  give written approval of anj increase int the budget for the Cost of the Work; authorize rebidding or rencgotiating of thel Project within a reasonable time;  terminate. in accordance with Section 9.5; the Cost oft the Work; or, implement any other mutually acceptable alternative.  4 in consultation with the Architect, revisc the Project program, scope, or quality as required to reduce  $6.7Ifthe Owner chooses toj proceed. under Section 6.6.4, the. Architect shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost oft the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1.1 Ift the Owner: requires the. Architect to modify the Construction Documents because the lowest bona fidel bid or negotiated proposal exceeds the Owner's budget for the Cost oft the Work duet to1 market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect. fort the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect's.services: for modifying the Construction Documents shall be without additional compensation. In any event, the Architect's) modification oft the Construction Documents shall bet the limit of the Architect's responsibility $7.1The. Architect and the Owner warranti tbat ini transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner ofs such information or has permission from the copyright owner to $7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their Instruments of Service, including the Drawings and Specifications, ands shall retain all common law, respective statutory and other reserved rights, iucluding copyrights. Submission or distribution ofI Instruments of Service tor meet official regulatory requirements or for similar purposes in connection with thel Project is not tol be construed as publication in derogation of thei reserved: rights of the Architect and the. Architeçt's consultants, $7.3 The Architect grants to the Owner a nonexclusive lcense to use the Architect S. instruments or service Msy and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment ofall sums due Init. AIAT Document B101"-3 2017. Copyrighto1 1974,1 1978, 1987, 1997, 2007 and 20171 by The) Americanl Institute of Architects. Allr reserved. The American Instilute of Architects," "AIA," the AIAL Logo, and" "AIA Contract Documents" arer registeredt trademarks andi may not! bet usedy withoutp rightsr was produced by AIA soflware al1 17:02:101 ETC ond 01/03/2023 under Order No:2114305175 which expires ono 04/23/2023, Is noti forr resale. permission. is1 licensed one-time 16 use only. andr may onlyt bes usedi ina accordance witht the AIA Contract Documentse Terms afs Service. Tor roporto copyrighty violations, e-mail  under this Article 6.  ARTICLE7 COPYRIGHTS AND! LICENSES transmit suchi information fori its use ont the Project.  This document for copyright@ala.org. (3B9ADA29)  I  User Notes:    pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses consultants consistent with this Agreement. The license granted under this sectionj permits the from Owner the to Architect's authorize the Contractor, Subcontractors, Sub-subcontractors, and: suppliers, as well as the Owner's consultants ands contractors, to reproduce applicable portions oft the Instruments of Service, subject to any protocols pursuant to Section 1.3, solely and exclusively for use inj performing services or construction for the established Architect rightfully terminates this Agreement for cause as provided in Section the $7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the. Architect and. Architect's consultant(s): from all claims and causes ofs action from: such uses. The Owner, to the extent permitted by law, further agrees toi indemnify andl holdi harmless the arising Architect andi its consultants from all costs and expenses, including the cost of defense, related to claims and causes ofaction asserted by any third person or entity to the extents such costs and expenses arise from the Owner's thel Instruments of Service under this Section 7.3.1. Thet terms oft this Section 7.3.1 shall: not apply ifthe Owner use of $7.41 Except for thel licenses granted in this Article 7, no other license or right shall be deemed under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer granted ori implied license granted herein to: another party without thel prior written agreement oft the Architect. unauthorized any Instruments of Service shall be at the Owner'ssole, risk andy without liability to the Architect Any  separate Project. Ifthe  Section 7.3 shall terminate.  9.4, license granted in this  rightfully terminates this Agreement for cause under Section 9.4.  Architect's use ofthe and the  consultants. Agreement. $8.1 General  $7.5) Except as otherwise statedi in Section 7.3, the provisions oft this Article 7s shall survive the termination of  this  ARTIÇLE8 CLAIMS AND DISPUTES  $8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and orrelated tot this Agreement, whether in contract, tort, or otherwise, in accordance with ther requirements arising oft out of binding dispute resolution method selected in this Agreement and within the period specified in: any case not more than 10 years after the date of Substantial Completion of the Work. by Owner applicable law, but waive all claims and causes ofa action not commenced in accordance with this Section 8.1.1. The $8.1.2To the extent damages are covered by property insurance, the Owner and Architect waive all each other and against thes contractors, consultants, agents, and employees oft the other for damages, rights except against such' rights as they may have tot thej proceeds ofs such insurance as set forth in AIA Document Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, A201-2017, shall require oft the contractors, consultants, agents, and employees of any of them, similar waivers in favor oft the $8.1.31 The Architect and Owner waive consequential damages for claims, disputes, or other matters in arising out ofc or relating to this Agreement. This mutual waiver is applicable, without limitation, to all question, damages due to either party'st termination ofthis Agreement, except as specifically provided in Section consequential 9.7. mediation as a condition precedent tol binding dispute resolution. Ifsuchi matter relates Agreement to or is the shall subject be subject ofal lien to the lieni notice or filing deadlines prior to resolution ofther matter by mediation or by applicable binding dispute resolution. comply with $8.2.2 The Owner and Architect shall endeavor tos resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered the. American Arbitration Association in accordance with its Construction Industry Mediation Procedures in by effect on the date of this Agreement., A request tor mediation shall be made n wnting, deuverea 1o1 me ouer to filed with thet person or entity administering the mediation. Thei request may be made party us with Agivtidie a complaint OE other appropriate demand for binding dispute resolution but, in such event, concurrently mediation shall the filing 01 advance ofbinding dispute resolution proceedings, which shall be stayed pending mediation fora a period of proceed 60 days in Init. AIADocument Instituto of/ Architecis," B101"- AIA," 2017. the Copyrighte1 AIAL 1974, 1978, 1987, 1997, 2007 and: 2017 by The American Inslitute ofA Architects. Allr reserved. The American wasp produced by AIAs software at 17:02:10ET Logo, and" ond "AIA 01/03/2023 Contract under Documents", Order No.2114305175 arer registeredt trademarks which andi may not be used without rights permisslon. This document 17 use unly, andr may only be usedi in accordance with! the/ AIA Contract Documents: Terms ofs Service. expires Tor on 04/23/2023, isnot for resale, Is licensed forc one-time  the and Architect  General other parties  enumerated herein.  $8.21 Mediation  $8.2.1 Any claim, dispute or other matter in question arising out of or related to this arising out oft the Architect'ss services, the Architect may proceed in accordance with  law to  I  User Notes:  report copyright violations, o-mail copyight@ais.org  (3B9ADA29)    from the date of filing, unless stayed for a longer period by agreement oft thej parties or court order. Ifau arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed tot the selection of the arbitrator(s) $8.2.37 Thej parties shall share the mediator's fee and any: filing fees equally. Thei mediation shall bel heldi ini thej place where the Project is located, unless another) location isi mutually agreed upon. Agreements: reached ini mediation shall $8.2.41 Ift the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method oft binding  and agree upon as schedule for later proceedings.  bec enforceable as settlement agreements in any court havingjurisdiction thereof.  dispute resolution shall bei thet following: (Check the appropriate box.)  - Arbitration pursuant to Section 8.3 ofthis Agreement  [x] Litigation in a court of competent jurisdiction inj Prowers County, Colorado  1 Other: (Specif)  Ifthe Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agreei in writing to a binding dispute resolution method other than litigation, the dispute willl bei resolved in: a court of  competent jurisdiction.  S83Albitration-ARTICLE: 8.31 DELETED INI ITS ENTIRETY  (Paragraphs Deleted)  ARTICLE9 TERMINATION OR SUSPENSION  $9.1 Ifthe Owner fails to make payments tot the. Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or. at the Architect's option, cause for suspension of performance ofs services under this Agreement. Ifthe Architect clects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. Int the event ofa suspension ofs services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because ofs such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any: expenses incurred in the interruption: and resumption oft the Architect's: services. The Architect's fees for the $9.2 Ift the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice or such suspension, When thel Project is resumed, the. Architect shall be compensated for expenses incurred in thc Init. AIAI Document B101" 2017, Copyright0 1974, 1978, 1987, 1997, 2007 and 2017byT The American Institute ofA Archilects. Allr reserved. "American Institute ofA Architects," "AIA," the AIAI Logo, and" "AIA Contract Documents" arer registeredt trademarks and may not bet used without righis permission. This The document wasp produced by AIAS software at1 17:02:10E ETC on 01/03/2023 under Order No.2114305175 which explres ono 04/23/2023, is notf for resalo, isi lcensed forc one-time 18  remaining services and thet time schedules shall be equitably adjusted.  I use only, andr may only! be usedi in; accordance witht the AIAC Contract Dacumentse" Terms ofs Service. Tor report  violations, copyright  User Notes:  e-maile copyright@aa.org. (3B9ADA29)    interruption and resumption of the Architect's: services. The Architect's fces fort the  schedules shall be equitably adjusted.  remaining services and the time  $9.31 Ift the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault ofthe Architect, the Architect may terminate this Agreement by giving uot less than seven days' written notice. $9.41 Bither party may terminate this Agreement upon not less than seven. days" written notice should the other fail substantially toj perform in accordance with the terms oft this Agreement through no fault of thej $9.5 The Owner mayt terminate this Agreement upon not less than seven days' written notice to the Architect for the $9.61 Ift the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or thc Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate. the Architect for services performed to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable prior $9.7In addition to any amounts paid under Section 9.6, ifthe Owner terminates this Agreement for its convenience pursuant to Section 9.5, ort the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall (Sety forth below the amount ofa any termination or licensing, fee. or the method for determining any termination or  parly party initiating  thet termination.  Owner's convenience and without cause.  tot the Architect's termination ofconsultant agreements.  the Architect thet following fees: licensing.fee.)  pay to  .1 Termination Fee: N/A N/A Substantial Completion.  .2 Licensing Feei ifthe Owner intends to continue using the Architect's Instruments of Service:  $-9.81 Except as otherwise expressly provided! herein, this Agreement shall terminate one year from the date of $-9.9 The Owner's rights to use the. Architect's Instruments of Servicei in the event ofa termination oft this $10.1This Agreement shall be governed by thel law of Prowers County, Colorado. Should Ift thej sélected arbitration as the method oft binding dispute resolution, the Federal Arbitration Act shall govern parties Section 8.3. $10:2Termsi in this Agreement shall havet thes same meaning as thosei in AIA. Document A201-2017. General $10.3The Ownér and. Architect, respectively, bind themselves, their agents, suçcessors, assigns, and legal representatives' tot this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent oft the other, except that the Owner may assign this Agreement to al lender the Project ift thel lender agrees lo assume the Owner's rights and obligations under this Agreement, providing including for payments due tot the Architect byt the Owner prior to the assignment. $10.41 Ifthe Owner requests the Architect to execute certificates, the proposed language ofs such certificates shall be submitted to the Architect for review at least 14 days prior tot the requested dates ofexecution. the Architect to execute consents reasonably. required to racilitate assignment to a iender. the Arotect Ifthe all: such consents that are consistent with this Agreement, provided the proposed consent is submitted to saas te ivt Architect for review at least 14 days prior to execution. The Architect shall notl be required to execute certificates or consents that would require knowledge, services, or responsibilitics bcyond the scopec oft this Agreement. Init. AIA Institute Document ofA Archilects,"" B101"- "AIA," 2017. the Copyrighto 1974, 1978, 1987, 1997, 2007 and: 2017 by The American Institute of Architects. All rights reserved. The' "American was produced by AIAS software at1 AIAI 17:02:10 Logo, ET and" on "AIA 01/03/2023 Contract under Documents" Order No.2114305175 are registered trademarks which and may nott be used without permission. This document use only, andir may only! het usedi Ina accordances with the AIA Contract Documentse Terms of expires ono 04/23/2023, isn notf for rosalo, isl licensed forc one-lime 19  Agreement are: set forth in Article 7 and Section 9.7. ARTICLE10 MISCELLANEOUS: PROVISIONS  have  Conditions of the Contract for Construction.  financing any Owner requests  User Notes:  Service. Toreporto copyrighty violations, e-mail copyight@aiaorg.  (3B9ADA29)    $10.5 Nothing containedi in this Agreement shall create a contractual relationship with, orad cause of action in $10.6 Unless otherwise required: in this Agreement, the Architect shall have no responsibility for thec presence, handling, removal or disposal of, or exposure of persons to, hazardous materials ort toxic substances discovery, $10.7 The Architect shalll have the right toi include photographic or artistic representations oft the design of the Project among the. Architect's promotional and professional materials. The Architect shall access to the completed. Project tos make suchy representations. However, the. Architect's1 materials bes given shall not the Owner's confidential or proprietary information ift the Owner has previously advised the Architect in include thes specific information considered byt the Owner to be confidential or proprietary. The Owner shall provide writing of professional credit for the Architect in the Owner's promotional materials for the Project. This Section 10.7s survive the termination oft this Agreement unlcss the Owner terminates this Agreement for cause $10.81 Ifthe Architect or Owner receives information: specifically designated as "confidential" or "business proprietary," thei receiving party shall keep such information strictly confidential and shall not disclose itt other person except as set forth in Section 10.8.1.This Section 10.8 shall survive the termination oft this to any. $10.8.17 The receiving party may disclose "confidential" or "business proprietary" information after 7 the other party, when required by law, arbitrator's order, or court order, including a compulsory legal process issued by a court or governmental entity, or to thc extent suchi subpoena information or other is form of necessary for ther receiving party to defend itselfi in any dispute. The receiving information toi its employeés, consultants, or contractors in order to perform services party may also disclose such fort the Project, provided those employees, cousultants and contractors disclosure and use of suchi information as set forthi int this Section 10.8. are subject tot ther restrictions on the $10.91 The invalidity ofany provision of the Agreement shall noti invalidate the. Agreement ori its provisions. Ifit is determined that any provision of the Agreement violates any law, ori is otherwise remaining invalid unenforceable, then that provision shall be revised to the extent necessary to make that provision. enforceable. In such case the Agreement shall be construed, to the fullest extent permitted  of, a third party against either the Owner or Architect.  favor in any  form at the Project site.  reasonable  shall pursuant to Section  9.4.  Agreement. days' notice to reasonably  or work solely and exclusively  or legal to and effect by law, give to as  thej parties" intentions and purposes in executing the Agreement.  ARTICLE11 ÇOMPENSATION follows:  $11.1 For the. Architect's Basic Services described under Article 3, the Owner shall compensate the. Architect  Stipulated Sum (Insert amount)  Conceptual Design, Schematic Design, Desigu Development and Cost) Estimating services:  Fifty One" Thousand Three Hundred Dollars ($51,300.00) Final Design and Construction Documents: Tol Bel Determined once. scope is finalized .2 Percentage. Basis AInsert percentage value)  )% of the Owner's budget for the Cost oft the Work, as calculated in accordance with Section 11.6.  3 Other  (Describe thez method ofc compensation)  Init. Institute AIAI Document ofA Architects," B101"- "AIA," -2017. the Copyright AIAL Logo, 0 1974, 1978,1 1987, 1997, 2007 and: 2017 by The American Institute of Architects. All reserved. The American was produced by AIAS software at1 17:02:10E ETC and" on AIA 01/03/20231 Contract under Documents" Order No.211 are registeredt 14305175) trademarks which expires and may not! be used without rights permission. This document usec only, and may only bei usedi ina accordancey witht the AIA Contract Documentse Terms Service. ono 04/23/2023, is nolf for resale, is licensed for one-time 20  User Notes:  ofs  To report copyright violations. e-mail copyright@aia.org.  (3B9ADA29)    $11.2Fort the Architect's Supplemental Services designated in Section 4.1.1 and fora any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the. Architect as follows: (Insert amount of or basis for, compensation. fnecessary, lists specifcservices to which particular methods of  compensation apply)  Per Hourly Rates Outlined in Section 11.7 Owner shall compensate the Architect as follows: (Insert amount of or basis for; compensation.) Per Hourly Rates Outlined in Section 11.7  $11.31 For Additional Services that may arise during the course oft the Project, including those under Section 4.2, the  $11.4 Compensation: for Supplemental and Additional Services oft the Architect's consultants when not included in Scction 11.2 or11.3, shall bet the amount invoiced to the. Architect plus) Fifteen percent (15%), or as follows: fInsert amount of or basis for computing, Architect's consultants' compensation, for Supplemental or Additional  Services.)  $11.5 When compensation. for Basic Serviçes is based on a stipulated sum or aj percentage basis, the proportion of  compensation for eachj phase of services shall be as follows:  Schematic Design Phase Design Deyelopment: Phase Construction Documents Phase Procurement Phase Construction Phase Total Basic Compensation  fifteen percent Twenty-five percent thirty-five percent five percent twenty percent  15 % 25 % 35 % 5 % 20 % 100 %  percent  $14:61 When compensation identified in Section 11.1 is on: a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying thep percentages identifiedi ini this Article by the Owner's most recent budget fort the Cost oft the Work. Compensation paid inj previous progress payments shall not be adjusted $11,6.1 When çompensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shalll bej payable to the extent serviçes are performed on those portions. The. Architect shall be entitled to compensation in accordancer with this Agreement for all services $11.7Thel hourly billing Tates for services oft the Architect and the Architect's consultants are set: forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices.  based on subsequent updates to the Owner's budget for the Cost oft the Work.  performed whether ori not the Construction Phase is commenced.  (fapplicable, attach an exhibit of hourly billing rales or insert them below.)  Employee or Category Principal Project Architect Project Manager/Job Captain Dratters/Designers Clerical Personnel  Rate ($0.00) $250.00/Hour 3200.00/Hour $170.00/Hour $138.00/Hour $100.00/Hour  siid Compensation for Reimbursable Expenses  $11.8.1 Reimbursable Expenses arei in addition to compensation for Basic, Supplemental, and Additional Services Init. AIAI Document B101" 2017. Copyright.G e 1974.1 1978,1 1987, 1997, 2007 and 2017 by The American institute ofA Architects. Allr rightsr reserved. The" "American Institute of Architects," "AIA," the AIALogo, and" "AIA Contract Documenis" are registered trademarks andr may not be usedy without permission. This document wasp produced by AIAS soflware at1 17:02:10E ET ono 01/03/2023 under Oider No.211 14305175v whiche expires ond 04/23/2023, Isnotf for resale, Is licensed for one-time 21 use only, and may only beu usedi ina accordance witht the AIA Contract Documentse Terms of Service. Tor reporto copyright violations, e-mail copyright@ala.org.  User Notes:  (3B9ADA29).    andi include expenses incurred by the Architect and the Architect's consultants 1 Transportation and authorized out-of-town travel and subsistence: Printing, reproductions, plots, and standard: form documents; requested by the Owner or required for the Project;  follows:  directly related to thel Project, as  2 Long distance services, dedicated data and communication services, teleconferences, Project web 3 Permitting and other fees required by authorities havingj jurisdiction over the Project; 6 Expense ofovertime work requiring higher than regular rates, ifauthorized in advance 7 Renderings, physical models, mock-ups, professional photography, and presentation materials by the Owner; Ifrequired by the Owner, and with the Owner's prior written approval, the Architect's consultants" expenses ofprofessional liability insurance dedicated exclusively to this Project, or the additional insurance coverage or limits in excess of that normally maintained by the Architect's expense .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as  and extranets:  sites,  5 Postage, handling, and delivery;  of  consultants: .10 Site office expenses:  .9 All taxes levied on professional services and onJ reimbursable expenses; necessary to achieve the Sustainable Objective; and, .12 Other similar Project-related expenditures.  $11.8.21 For Reimbursable Expenses the compensation shall be the expenses incurred Architect's consultants plus fifteen percent (1 15 %) oft the expenses incurred. the Architect for thea additional coverages as set forth below: Ainsert the additional coverages the. Architect is required to obtain in order to: Section 2.5, and for which the Owner shall reimburse the Architect.)  by the Architect and the  $11.9 Architect's Insurance. Ifthe types and limits of coverage required in Section 2.5 are in addition the and limits the Architect normally maintains. the Owner shall pay the Architect for the additional costs tot types  incurred by  the  satisfy requirements. set forth in  N/A  $11.10 Payments to the: Architect $11.10.11 Initial Payments  $11.10.1.1 An initial payment of zero ($ 0): shall be made upon exccution oft this Agreement and is the minimum payment under this Agreement. Its shall be credited tot the Owner's account in the final invoice. $11.10.1.2Ifa Sustainability Certification is part of the Sustainable Objective, an initial payment to thes ($ )shall be made upon execution of this Agreement for registration fees and other fees payable to the Architect of Authority and necessary to achieve the Sustainability Certification. The Architect's payments the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. $11.10.2.11 Unless otherwise agreed, payments for services shall bes made monthly: in proportion to services performed. Payments are due and payable upon presentation oft the Architect'si invoice. Amounts days after the invoice date shall bcari interest at the rate entered below, or in the absence thereofa unpaid. at thel Ninety (90 prevailing from time to time att they principal place oft business oft the Architect. fInsert rate ofmonthly or anmual interest agreed upon.)  to Certifying  $11.10.2 Progress Payments  legal rate  Five %5.0  $11.10.2.2 The Owner shall not withhold amounts from the. Architect's compensation to impose a penalty or liquidated damages on the Architect, ort to offset sums requested bys or paid to contractors for the cost ofc the Work, unless the Architect agrces or has been found liable for the amounts in al  changes in  proceeding,  binding dispute resoiron  Init. Institute AIAI Document of Architects," B101"-2 2017. Copyright01 1974, 1978, 1987, 1997, 2007 and: 20175 by The American Institule ofA Architects. Allr  "AIA," the AIAL Logo, and"AIA Contract Documents" arer registered trademarks  rights reserved. The "American  was produced by AIAS softwares at 17:02:10 ET on 01/03/2023 under Ordor No.2114305175  and mayr noti be used without permission. This document Tor reportcopyright violations, e-mail copyrghi@ala.org.  1 use only, and may only be usedi ins accordances witht the AIA Contract Documentse: Terms which Service. expires ono 04/23/2023, Is not for resale, is licensed for one- lme 22  User Notos:  of  (3BOADA20)    $11.10.2.31 Records of) Reimbursable Expenses, expenses pertaining to Supplemental and Additional services performed on the basis ofhourly rates shall be availablei to the Owner at mutually convenient Services, times. and  ARTICLE 12 SPECIAL TERMS AND CONDITIONS  Special terms and conditions that modify this Agreement are: as follows: (Include other terms and conditions applicable to this Agreement.)  ARTICLE 13 SCOPE OF1 THE AGREEMENT  $13.1This Agréement represents the entire and integrated agrcement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This amended only by written instrument signed by both the Owner and Architect. $13.2This Agreement is comprised oft the following documents identified below:  Agreement may be  .1 AIA Document B1017M-2017. Standard. Form Agrecment. Between Owner and Architect 2 AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, dated as  indicated below:  (Insert the date oft the E203-2013 incorporated into this agreement.)  .3 Exhibits:  (Check the appropriate box for anye exhibits incorporated. into this Agreement.)  FF AIA Document E204TM-2017. Sustainable Proiects Exhibit. dated as indicated below:  (Insert the date oft the E2V4-2017incomorated. into this agreement.) IxI Other Exhibits incorporated into this Agreement: identified as exhibits in Section 4.1.2.) Exhibit 'A' - feey proposal letter dated September 22, 2022  (Clearly identifv any other exhibits incorporated into this Agreement. including any exhibits and  scopes ofservices  4 Other documents:  fEist other documents, ifany, forming part ofthe Agreement.)  This Agteement entered: into as oft the day and year first written above.  QWNER (Signature) (Printed name and tille)  ARCHITECT  R4  Ronlook, PheRo Chann Brian Risley, Principal Architect  (Printed name, title, andl license mumber, frequired)  Init. AIADocument Institute ofA Architects," B101"-2017.0 "AIA, the Copyrighte1 AIAL Logo, and" 1974, "AIA 1978, Contract 1987, 1997, 2007 and2 2017 by The/ American Instituted ofA Architects. Allr rights reserved. The "American was produced by AIA software at1 17:02:10 ETO on 01/03/2023 under Documents". Order No.2114306175 are registered trademarks which and on0 may 04/23/2023. not beu used without permission. This document 23  use only, andi may only beu usedi in accordancer witht the AIAC Contract Documentse Terms ofs Service." expires  isnot for resale, Is! licensedf for one-time  User Notes:  Toreport copyright violations, e-mail copyrigntcaia.org.  (3B9ADA29)    EXHIBIT A  CRP ARCHITECTS AIA  Mr.Staffon Warn Fire Chief Prowers County Fire Department RE: New Station Design Dear Chief Wam,  September 22, 2022  Thank youf for the opportunity to assist you and the County with preliminary design services for ar new station within the County. Our understanding of the project scope is based on the RFQ, our visit withy fire and County Commissioners and our tour of potential sites fori the station, Based on we Scope of Work: The program for ther new: stationi is anticipated to include the following:  you  the following services: 3-4 vehicle bays including ay wash bay Trainingroom Office areaf for fire chief and other staff Bunk rooms for male and female fire fighters Kitchen and day room Equipment and tool storage Miscellaneous storage and support spaces main station and as secondary, satellite. station.  this, provide to offer  Ifone primary location fori the station cannot bei identified, we discussed the possibility of  locatingo a  Scope of Services: 1. Design Services include:  Site Evaluation: Studies: Review the potential locations identified by the County for the new station and develop a list of benefits, challenges, concerns, and advantages for each location. Oncea preferred location is selected, we will prepare conceptual site layouts to evaluate vehicle cirçulationroutes, building orientation, and other factors to confirm the viability of the site. Conceptual Design: Conceptual design begins with a series of meetings or discussions toi understand the needs for the new. station: and the expectations for the County and Fire fully Department: Staff, Once the needs of the Fire Department have beeni fully captured, we will develop concept drawings showing the general intent and: scope of the project. This will! help  Proposed fee for Site Evaluation Studies: $5,500.00  crystalize the goals and overall vision for the project. Proposed fee for Conceptual Design: $6,750.00  Schematic Design: Gather any remaining input from various stakeholders such as County administration, Fire Department staff, and other personnel to ensure we are designing to the proper criteria, Develop schematic drawings tor reflect the scope, quality, and overall character of the proposed project. Contact jurisdictional authorities tor review. code compliance issues and verify that our approach to the project willr meet allj jurisdictional requirements.  Proposed fee for Schematic Design:$9.900.00  100 East St. Vrain Street, Suite 300 Colorado Springs, Colorado 80903  719.633.5901 www.erpArchtecls.com  ARCHITECTS*PLANNERS+SUSTAINABLE DESIGN    CRP ARCHITECTS AIA  Design Development: Develop more specific drawings based on the Schematic Fire Department personnel to clarify designrequirements: and the permitting process. Design. Develop operational requirements for mechanical, electrical and plumbing systems. Design Development drawings will graphicallyn reflect location, extent. and quality of building systems. mechanical and electrical components will be scheduled and selected. Proposed fee for Design Dovelopmen:3189000  Workwith  Major  Cost Estimating and Funding Development: Based on the Design Development phase, we wil develop a construction: cost estimate. We can also help the County develop a master include other costs beyond) just construction that need tol be anticipated in order to capture budget the to full financial picture of the project. Once the costs are identified, we willy work with County staff and other community stakeholders tol helpi identify funding sources for this project. Sources could include regional, state and federal grants, community: andl local donor support, taxi initiative and other potential sources. Ours scope for this portion of the work willi include creating renderings,  graphics and other 3Di imagery for fund raising purposes.  Proposed fee for Cost Estimates and Funding Development: $10,250.00  2. Project Schedule: Ifis our understanding the County would like tol begin this worki immediately goal of starting construction: in the fall of 2023. Depending on final project scope, an 81 to 12 month withi the 3. Additional Services: Itis our understanding that the following efforts are either not required or willl be completed by others, however, we would be pleased to provide a proposal if desired: Asr notedi in the RFQ, we are not proposing to provide final design services at this time, however our team is well positioned to proceed with final design and engineering at the appropriate time.) We recommend that this phase of work should begin once the cost estimate is complete in order to begin construction in the fall of 2023. We are currently seeing extended procurement timelines so proceeding with design and contractor selectioni is very critical. Land use planning and entitlement services can be addedi ifr required and will be dependent on the specific property or location identified by our study. Traffic impact studies, geotechnicdl. reports, site surveys, stormwater management: reports and other third-party engineering studies can be added ifr required by the County or other jurisdictions. High performance design criteria, alternative fuel sources and other sustainable design features Off-site design and engineering of any improvements can be addedi if required or dictated by the Thank you again fori the opportunity to: serve the Prowers County Fire Department! Should you have any questions or need additionall nformalionregarding our services, please feel free to contact our office.  construction duration should be anticipated.  highly  can! be added if desired. selected: site.  Sincerely, CRP Architects, P.C. Baa Brian Risley Principal Architect  100 East St. Vrain Street, Suite 300 Colorado Springs, Golorado 80903  719.633.5901 www.erpArehledlw.com  ARCHITECTS*PLAMNERS-SUSTAINABLE DESIGN    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 01/24/2023 Submitter: Mark Westhoff  Submitted to the County Administration Office on: 01/17/2023  Return Originals to: Jana Coen  Number of originals to return to Submitter: 1  Contract Due Date: N/A  Item Tite/Recommended Board Action: Consider approval of] Economic Development Incentive Agreement between The Board ofC County Commissioners of Prowers County and CNJ Holdings Inc, represented by Mark Carrigan, for new irrigation pipeyard located at 20997 US  Highway 50, Granada, CO. Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on: 1/16/2023 Additional Approvals (ifre required):  PLEASE ATTACH THIS SHEET TO. ALL AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    ECONOMICDEVELOPMENTINCENTIVE AGREEMENT  AGREEMENT entered into the day and year hereinafter set forth by and between THE BOARD OF COUNTY COMMISSIONERS OF PROWERS COUNTY, COLORADO, hereinafter referred to as "Prowers County", whose address is 301 South Main Street, Suite 215, Lamar, Colorado 81052 and CNJ Holdings, Inc, hereinafter referred to as "Company", whose address is 20997 US Highway 50,  Granada, CO81041.  Recitals  Prowers County is authorized pursuant to the laws ofthe State of Colorado to provide economic development incentives for the expansion of existing business facilities within Prowers County and to encourage the location of new business facilities within Prowers County, and has adopted an Economic Development  Incentive Policy,and  Company has filed with Prowers County an Economic Development Incentive Application, qualifies for said incentives, and has committed to certain economic development, which is described in said application and in Exhibit A  attachedhereto,and  Prowers County finds that this economic development will greatly benefit the citizens of Prowers County and provide employment opportunities and other  economic benefits for citizens ofProwers County,and  Prowers County has notified any applicable municipality ors school district of the negotiation ofthis Agreement pursuant to the provisions ofC.R.S.30-11-123, NOW THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the parties hereto  agree as follows: 1.  ECONOMIC INCENTIVES. Prowers County hereby grants to Company  the economic incentives more particularly described herein and as set forth in Exhibit A attached hereto. Company agrees to comply with all requirements for these economic incentives. The annual refund tol be made by Prowers County shall beg granted only ifall taxes levied and assessed by Prowers County are timely paid by Company. Ifsuch taxes are noti timely paid, such refund will: not be paidi by Prowers County. The term "timely paid" means that such taxes shall be paid either (a)  1    one-half (1/2) on or before the last day of February and one-half (1/2) on or before  June 15, or (b) full payment on orb before thel last day of April.  The tax refunds described in this Agreement will be paid only if all of the conditions required to be met by the Company have been fully satisfied. Prowers County shall receive written documentation from the Company to determine if these conditions have been met, and the determination by Prowers County shall be final, and shall be binding unless Company can prove that the determination by Prowers County was arbitrary or capricious. The determination date shall be  December 31 ofeachyear.  The above provisions shall apply, despite the fact that Prowers County may After the property tax payment deadlines, the Board of County Commissioners office will request verification from the County Treasurer's office that taxes have been paid. The incentive payment will be included in the Board of County Commissioners' certification of accounts payable that is presented to the  have budgeted and appropriated the refund amount.  County Treasurer.  Any tax refund specified in this Agreement shall apply only to the amount of taxes assessed for the County General Fund mill levy for the new or expanded  business facilities constructed on the subject] premises.  2.  STATUTORY COUNTY. Prowers County, Colorado, which is a  statutory county in the State of Colorado, reserves all rights as a statutory entity,  including governmental immunity as provided by law.  3.  ASSIGNMENT Company shall not assign this contract without the  written consent of Prowers County. No incentive granted herein is transferable  without the written consent of Prowers County.  4. SALEST TAX. If Company intends to sell merchandise, an applicable sales tax license shall be obtained by Company from Prowers County, and from any  municpliy/.fapicabe  5.  APPROPRIATION. Notwithstanding anything to the contrary herein,  any financial obligation of Prowers County payable after the current fiscal year is contingent upon funds for that purpose being appropriated, budgeted and  otherwise: made available.  2    On or before February 15 of the year after the new or expanded business facilities are subject to tax, Prowers County shall notify Company in writing of(I) the amount of the refund that Prowers County intends to make available to Company against property taxes payable in said year and (2) the calculation of the amount of the refund. If Company disagrees with Prowers County's calculation, Company shall, on or before thirty (30) days from said date, notify Prowers County in writing of(1) the nature ofits disagreement and (2)Company's own calculation of the amount of the refund. Company and Prowers County shall work in good faith with all reasonable diligence to resolve any differences within thirty (30) days  thereafter.  6. PUBLIC RECORD. In the event Prowers County receives a public records demand for copies of documents which Prowers County believes are confidential, or may otherwise be subject to non-disclosure, Prowers County shall give written notice to Company. Company shall notify Prowers County in writing within 3 days of notification if any documents requested as aj public record should not be disclosed. The Company shall indemnlfandhoudhamles: Prowers County as provided in Paragraph 7 for any public record requests where the Company  advises Prowers County not to disclose such records.  7.  INDEMNIFICATION. Company shall indemnify and hold harmless  Prowers County against any and all claims, damages, liability, and court awards including costs, expenses, and attorney fees incurred by Prowers County as ar result of (a) any act or omission by the Company, or its employees, agents, officers and  representatives, and (b) as setf forth in Paragraph 6.  8.  DEFAULT. In the event of a default, the defaulting party shall have 15  days after receipt of written notice of default to cure such default or provide sufficient proof that demonstrates that measures to correct default are diligently  being taken.  9. LIABILITY. Because Prowers Countyisap public entity, and is subjectt tto statutory limits on spending including funds which have been duly budgeted and appropriated, Prowers County and its officers, agents, employees and representatives shall in no event be liable for actual, consequential, punitive or any other damages of any kind to Company, or to any other party, whether based upon breach of contract, tort, strict liability or any other claim for relief of whatever  nature or description.  10. VENUE. jurisdiction for any dispute under this agreement shall be exclusively in the Prowers County, Colorado District Court sitting without jury in Lamar, Colorado, and said Court shall award to Prowers County, if it is the  3    substantially prevailing party, its attorney fees, expert witness fees, court costs and  any other litigation expense.  11. NOTICES. All notices required or permitted under this Agreement shall be given in writing and shall be effective when delivered in the case ofhand delivery, when transmitted in the case of facsimile transmission or five days after mailing when mailed, provided that mailed notices shall be sent by certified mail, return receipt requested. Notices shall be sent to the following addressees at the following addresses or facsimile numbers, or to such other addressees, addresses or facsimile numbers as a party may designate from time to time by notice given  pursuant to this paragraph:  Iftol Prowers County:  Board ofCounty Commissioners 301 South Main Street, Suite 215 Lamar, CO81052 Fax: 719-336-2255  Ifto Company:  Mark Carrigan CNJ Holdings, Inc 32852 COHighway 71 Rocky Ford, CO81067  12. BINDINGI EFFECT. This Agreement is binding upon the parties and their respective heirs,personal representatives, successors and permitted assigns.  4    BOARDOFCOUNTYCOMMSSIONERS PROWERSCOUNTY, COLORADO  CN]Holdings, Inc  By  Ron Cook, Chair  * Date Signed:_ hefar  Name: aCEsaN  Title GWNER  By.  Wendy Buxton-Andrade, Vice-Chair  By.  Thomas Grasmick, Commissioner  Attest: By.  Jana Coen, County Clerk  Date Signed:  2023  5    EXHIBITA  EÇONOMICDEVELOPMENTINCENTIVEAGREEMENT  L  Description ofReal and Personal Property  1. This applies to Real Property Tax Schedule No. N/A  2. The legal description for this propertyi is attached to this Agreement as Exhibit! B. 3. The street address fort this propertyis2 20997USHighway 50, Granada, CO,81041  4. This applies tol Personal, Property Tax Schedule No. N/A  5. Other:  I  Description ofnewl business facility or expansionofexisting business facility  New retail irrigation pipeyard facility to be located at 20997 US Highway 50.  Granada, CO  6    m.  Dacpumdfecmasehcir. - taxrefunds  1. 100% 2. 100%  of Prowers County 1% Use Tax for the cost of construction.materials of Prowers Countyl 1% Prowers County Sales Tax forthef firstlyearof  fort the firstlyear ofbuilding construction upon) receipt ofpurchase receipts.*  retailsales upon receipt ofsales reçeipts.*  3. Other: In-kind labor and materials (road base and delivery) provided to Company  by Prowers County Road & Bridge Department totaling $6,010.50  This applies only to Prowers County's share of the Sales and Use Tax, minus the State of Colorado's collection fee and is subject to Company completing the Prowers County Sales and Use Tax Remit Form found on the Prowers County  website: prowerountenes    Exhibif B  Nomm  nunoc 00000  99 a n rr  ONr    PROWERS COUNTYROAD: & BRIDGE 109 EAST. SHERMAN. STREET LAMAR, CO81052 719-336-5536  Invoice No.  INVOICE  Customer Address City Phone Qty  Misc Date Order No. Rep FOB  Name Taylor Euipment,Pipe yard  9/14/2022  State Co Description  ZIP  Unit Pricei TOTAL $ 100.00 $ 2,100.00 135.00 $ 8.00 $ 8,976.00  21 hrs, 3belly dump trucks @ 100.00, per hr 7 hrs. 9661 Loader @ 135.00 per hr. 1,122 tons road base @ 8.00 pert ton  945.00  SubTotal $ 12,021.00 Shipping TOTAL $ 12,021.00  Payment Check Name CC# Expires  Tax Rate(s)  Comments CHECKS ONLYI PLEASE  Office Use Only  $6,010.24 CVS Hollnys -Mark Grisan  $6,010. S0 to  Taylor Implernt CoLLS - KykTayler    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date. Requested: 01/24/2023 Submitter: Mark Westhoff  Submitted to the County Administration Office on: 01/17/2023  Return Originals to: Jana Coen  Number of originals to return to Submitter: 1  Contract Due Date: N/A  Item Tite/Recommended Board Action: Consider approval of 2023 Secure Transportation Services License 2023-01, valid until. January 24, 2026, and Secure Transportation Services Vehiçle Permits 2023V-001,2023V-00, 2023V-003, 2023V-004, 2023V-005, 2023V-006, and 2023V-007, valid until January 24, 2024, for Southeast Mental Health Services ofLa. Junta, CO.  Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County:$  Federal: $  State: $  Other: $  Approved by the County Attorney on: Additional Approvals (if required):  PLEASE ATTACH THIS SHEETTO ALL. AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    COUNTY OF PROWERS SECURE TRANSPORTATION SERVICES  LICENSE  This is to certify that Southeast Mental Health Services of La Junta, Colorado has been granted Prowers County Secure Transportation Service License Number 2023-01 to provide secure transportation services in Prowers County for the time period indicated below, unless this  license is sooner revoked as provided by law:  24January 2023 through 24January 2026  Issued at Lamar, Colorado this 24th day, of January, 2023.  PROWERS COUNTY BOARDOF COMMISSIONERS  A By:  Chair of the Prowers County Board of Commissioners  ATTEST:  OLOR RADO  County Clerk    RRS CO)  COLORADO COUNTY OF PROWERS SECURE TRANSPORTATION SERVICES VEHICLE PERMIT  This permit expires: 24January 2024  Permit No. 2023V - 001  This is to certify that Southeast Mental Health Services ofLaJunta, Colorado has been granted Prowers County Secure Transportation License Number 2023 - 01 for the period 24J January 2023.through 24January 2026 and in compliance with C.R.S. 25-3.5-310  this permit is issued under that License for the following vehicle:  Year 2015 Make Chevrolet  Model Malibu VIN# IGIIDSSL4FEI2506  Issued at Lamar, Colorado this 24th day of January 2023  PROWERS COUNTY BOARD OF COMMISSIONERS  By:  Chair oft the Prowers County Board Commissioners  ATTEST:  County Clerk    SRS  OL a  COUNTY OF PROWERS SECURE TRANSPORTATION SERVICES VEHICLE PERMIT  This permit expires: 24January 2024  Permit No. 2023V - 002  This is to certify that Southeast Mental Health Services of] LaJunta, Colorado has been granted Prowers County Secure Transportation License Number 2023 -01 for the period 24January? 2023through 24January 2026 and in compliance with C.R.S. 25-3.5-310  this permit is issued under that License for the following vehicle:  Year 2015 Make Ford  Model Transit VIN# NMOGE9E77E1903S  Issued at] Lamar, Colorado this 24th day of January_ 2023  PROWERS COUNTY BOARD OF COMMISSIONERS  By:  Chair of the Prowers County Board Commissioners  ATTEST:  County Clerk    ERS  OLC N  COUNTY OF PROWERS SECURE TRANSPORTATION SERVICES VEHICLE PERMIT  This permit expires: 24January 2024  Permit No. 2023V - 003  This is to certify that Southeast Mental Health Services ofLaJunta, Colorado has been granted Prowers County Secure Transportation License Number 2023 -01 for thej period 24January 2023.through 24January 2026 and in compliance with C.R.S. 25-3.5-310  this permit is issued under that License for the following vehicle:  Year 2017 Make Chevrolet  Model Equinox VIN# 2GNELEEKSH61Z617  Issued at Lamar, Colorado this 24th day of January_ 2023  PROWERS COUNTY BOARD OF COMMISSIONERS  By:  Chair oft the Prowers County Board Commissioners  ATTEST:  County Clerk    ERS  OLORAD COUNTY OF PROWERS SECURE TRANSPORTATION SERVICES VEHICLE PERMIT  This permit expires: 24January 2024  Permit No. 2023V - 004  This is to certify that Southeast Mental Health Services ofLaJunta, Colorado has been granted Prowers County Secure Transportation License Number 2023 -01 for the period 24January, 2023.through 24J January 2026 and in compliance with C.R.S. 25-3.5-310  this permit is issued under that License for the following vehicle:  Year 2018 Make Jeep  Model Compass VIN# 3C4NJDDBZITSD1IZI  Issued at Lamar, Colorado this 24th day of January_ 2023  PROWERS COUNTY BOARD OF COMMISSIONERS  By:  Chair oft the Prowers County Board Commissioners  ATTEST:  County Clerk    RS  OLC 3  COUNTY OF PROWERS SECURE TRANSPORTATION SERVICES VEHICLE PERMIT  This permit expires: 24January 2024  Permit No. 2023V - 005  This is to certify that Southeast Mental Health Services ofLaJunta, Colorado has been granted Prowers County Secure Transportation License Number 2023 -01 for the period 24January 2023through 24January 2026 and in compliance with C.R.S. 25-3.5-310  this permit is issued under that License for the following vehicle:  Year 2019 Make Chevrolet  Model Impala VIN# IGIIZ5S30KUI20383  Issued atl Lamar, Colorado this 24th day of January_ 2023  PROWERS COUNTY BOARD OF COMMISSIONERS  By:  Chair oft the Prowers County Board Commissioners  ATTEST:  County Clerk    B3  OLORAD9 COUNTY OF PROWERS SECURE TRANSPORTATION SERVICES VEHICLE PERMIT  This permit expires: 24January 2024  Permit No. 2023V - 006  This is to certify that Southeast Mental Health Services ofLa Junta, Colorado has been granted Prowers County Secure Transportation License Number 2023 -01 for the period 24January 2023 through 24 January 2026 and in compliance with C.R.S. 25-3.5-310  this permit is issued under that License for the following vehicle:  Year 2019 Make Jeep  Model Compass VIN# 3C4NIDBB2KI7A4539  Issued at Lamar, Colorado this 24th day of January 2023  PROWERS COUNTY BOARD OF COMMISSIONERS  By:  Chair oft the Prowers County Board Commissioners  ATTEST:  County Clerk    FRS Cor  COLORAD9 COUNTY OF PROWERS SECURE TRANSPORTATION SERVICES VEHICLE PERMIT  This permit expires: 24January 2024  Permit No. 2023V - 007  This is to certify that Southeast Mental Health Services ofLa Junta, Colorado has been granted Prowers County Secure Transportation License Number 2023 -01 for the period 24January 2023 through 24. January 2026 and in compliance with C.R.S. 25-3.5-310  this permit is issued under that License for the following vehicle:  Year 2018 Make Dodge  Model Grand Caravan VIN# 2CARDGBGWRIS307Z  Issued at Lamar, Colorado this 24th day of January 2023  PROWERS COUNTY BOARD OF COMMISSIONERS  By:  Chair of the Prowers County Board Commissioners  ATTEST:  County Clerk    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 1/24/2023 Submitter: Department ofH Human Services  Submitted to the County Administration Office on: 1/17/2023 Return Originals to: Department ofHuman Services Number of originals to return to Submitter: 1  Contract Due Date: ASAP  Item Ttte/Reommended Board Action:  "Consider approval of Contract Amendment #2 to 2021CMIP05IAZ between Prowers County Department ofHuman Services and the Department of Health Care Policy and Financing outlining the County Incentive Contract for Performance Period July 1,2020 through June 30, 2023 and authorize Lanie Meyers-Mireles, Director ofthe Department ofHuman Services to  execute the contract via DocuSign." Justification or. Background:  Fiscal Impact: If performance measures are met, PCDHS could earn $41,164.10: for SFY 2023 in incentive funds. Incentive funds are primarily used to off-set the 20%  county share ofHCPF county administration costs.  County: Federal: $ State: Other: $  Approved by the County Attorney on: Additional Approvals (if required):  PLEASE ATTACH' THIS SHEET TO ALL. AGENDAI ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    vuvuvy" vpv  CONTRACT AMENDMENT #2 SIGNATURE AND COVER PAGE  State. Agency Department ofHealth Care Policy and Financing Contractor Prowers County Current Contract Maximum Amount Initial Term Statel Fiscal Year 2021 Extension Terms State Fiscal Year 2022 State Fiscal Year 2023 Total for All State Fiscal Years  Original Contract Number 2021CMIP051 Amendment Contract Number 2021CMIP0S1A2 Contract Performance Beginning Date July 1,2020 Current Contract Expiration Date  $27,320.94 $27,320.94 June 30,2 2023 $41,164.10 $95,805,98  THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT  Each person signing this Amendment represents and warrants that he or shei is duly authorized to execute this Amendment  and tol bind thel Party authorizing his or hers signature.  CONTRACTOR Prowers County  STATE OF COLORADO Jared S.1 Polis, Governor Department ofHealth Care Policy andl Finançing  By:  By:  Date:  Date:  Ina accordance with $24-30-202 C.R.S., this Amendment is not valid until signed and dated below byt the State Controller or an  authorized delegate. STATE CONTROLLER Robert. Jaros, CPA, MBA,JD  By:  Amendment Effective. Date:  Amendment Contract Number: 2021CMIP0SIA2  Page 1 of3    vuvuoiyn Livciupe  1. PARTIES  This Amendment (the "Amendment") to the Original Contract shown on the Signature and Cover Page for this Amendment (the "Contract") is entered into by and between the Contractor and the  State. 2. TERMINOLOGY  Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Contract shall be construed and interpreted in accordance with the Contract.  3. AMENDMENT EFFECTIVE DATE AND TERM  A. Amendment Effective Date  This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision oft this Amendment before that Amendment Effective Date, and shall have no obligation to pay Contractor for any Work performed or expense incurred under this Amendment eitherb before or after ofthe Amendment term shown in $3.Bofthis Amendment. The Parties' respective performances under this Amendment and the changes to the Contract contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Contract  B. Amendment Term  or. June 30, 2023.  4. PURPOSE  The purpose of this Amendment is to create and revise performance-based benchmarks and deliverables for county departments of human/social services to achieve certain performance standards related to County Administration, Medical Assistance Eligibility and cooperation with other Mediçal Assistance-related entities. This Amendment includes one new Performance  Incentive and the removal oft two other Performance Incentives.  5. MODIFICATIONS  The Contract and all prior amendments thereto, if any, are modified as follows:  A. The Contract Initial Contract Expiration Date on the Contract's Signature and Cover Page is hereby deleted and replaced with the Current Contract Expiration Date shown on the B. The Contract Maximum Amount table on the Contract's Signature and Cover Page is hereby deleted and replaced with the Current Contract Maximum Amount table shown on the C. Exhibit A, STATEMENT OF WORK, is hereby deleted in its entirety and replaced with Exhibit A-1, STATEMENT OF WORK, attached below. All references to Exhibit A shall  Signature and Cover Page for this Amendment. Signature and Cover. Page for this Amendment.  now: reference Exhibit. A-1.  Amendment Contract Number: 2021CMIP0SIA2  Page 20 of3    D. Exhibit B, RATES, is hereby deleted in its entirety and replaced with Exhibit B-1, RATES, attached below. All references to Exhibit B shall now: reference Exhibit B-1.  6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE  This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments or other modifications to the Contract, if any, remain in full force and effect except as specifically modified in this Amendment, Except for the Special Provisions çontained in the Contract, in the event of any conflict, inconsistency, variance, or contradiction between the provisions oft this Amendment and any oft the provisions oft the Contract or any prior modification tot the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Contract to the extent that this Amendment specifically  modifies those Special Provisions.  Amendment Contract Number: 2021CMIP051A2  Page 3 of3    ucusyn  EXHIBIT A-1, STATEMENT OF WORK  1. TERMINOLOGY  1.1. The following list is provided to assist the reader in understanding acronyms, abbreviations and  terminology used throughout this document.  1.1.1. 1.1.2.  Applicant - An individual for whom the Contractor is performing a Determination. Average Speed to Answer (ASA)- A key Call Center metric measuring the average amount oftime it takes to answer aj phone call from a customer, from the point of call connection to being connected to a live agent, including the time waiting in queue. ASA does not include calls that can be answered through automated means and do not require al live agent. Benchmark - degrees of performance between undesired current performance and target performance (example: current timeliness 90%, benchmark for next month = 93% until we Business Day any day in which the State is open and conducting business, but shall not include Saturday, Sunday, or any day which the State observes one oft the holidays listed in Call Center - A Call Center is defined as having one dedicated line for contacting the Contractor; when members and individuals call in, they are automatically assigned to thei next available Contractor agent. This dedicated line should also have technology in place to provide data, at ai minimum, on the number of calls received, the average wait time and the number ofa abandoned calls. Call Centers can be as small as 2 Contractor staff and as large as Child Health Plan Plus (CHP+) -1 public low-cost health insurance for certain children and Compliance these measures are tied to contracts or to ensure Colorado does not fall below COGNOS/Decision Support System 01 (DSS01) the Department's data reporting systems that use information from the Colorado Benefits Management System (CBMS). Colorado Benefits Management System (CBMS) - the State's eligibility determination subsystems that utilize eligibility information from CBMS to pay providers for medical and/or other claims. The system and related subsystems also collects and analyzes data assistance to address non-compliance and/or performance as defined in 10 CCR 2505-5  1.1.3. 1.1.4. 1.1.5.  reach 95%)  C.R.S. $24-11-101(1).  100 or more Contractor staffanswering calls.  1.1.6. 1.1.7. 1.1.8. 1.1.9.  pregnant women.  expected federal or state standards.  system.  1.1.10. Colorado interChange (interChange) - the State's claims payment system and related  related to those payments.  1.1.11. Corrective Action Plan (CAP) - A formal plan implemented with Department technical 1.1.12. County Administration website - the Department's public-facing website where contract 1.1.13. County Financial Management System (CFMS) - the accounting system utilized by the  1.020.11. documentation  is  kept  for the  County  Incentives  Program  http:/www.colorado.gov/hep/county-admin),  Contractor to record expenditures against county administration funding for Colorado's  ExhibitA-1,SOW  Page lof20    Medical Assistance Program. The system is also used to issue Performance Incentive ofhuman/social services for meeting Medicaid-related Performance Incentive Standards in their counties. Also referenced as Performance Incentive Standard Program throughout this Colorado Medical Assistance Program based on information submitted on aj new application, member's eligibility and makes them ineligible for coverage within Health First Colorado or monitor the accuracy and timeliness of eligibility determinations for Medical Assistance made by the Contractor, with cases pulled monthly for quality review. Results of the EQA communications that are utilized to provide contract clarifications, provide data and operational guidance and share information pertaining to the County Incentives Program Program, which includes all programs that use the Modified Adjusted Gross Income (MAGI) benefits and services to eligible populations in addition to the standard benefit package  Payments to eligible Contractors.  1.1.14. County Incentives Program - program that provides specific funding to county departments  Agreement.  1.1.15. Determination - The act of using CBMS to determine if an Applicant is eligible for the 1.1.16. Disenroll or Disenrollment - The act of processing a change in circumstance that affects a 1.1.17. Eligibility Quality Assurance (EQA) Program - EQA conducts monthly case reviews to  aredetermination or a change in member circumstance.  Child Health Plan Plus,  reviews are displayed on the MAP Accuracy Dashboard.  1.1.18. HCPF Memo Series - The Department's policy, operational and informational  ntps/heplcolorado.govmeme-sers.  1.1.19. Health First Colorado - the member-facing name for Colorado's Medical Assistance 1.1.20. Home and Community-Based Services (HCBS)-I HCBS waiver programs provide additional 1.1.21. Improvement Action Plan (IAP) - An informal plan implemented with technical assistance 1.1.22. Long Term Care (LTC) - Long-Term Care is a Medical Assistance program that provides 1.1.23. Management Decision Letter (MDL) -A formal notification issued by the Department,  methodology.  offered to all members.  to address non-compliance and/or performance that may lead to noncompliance.  nursing-home care, home-health care, personal or adult day care for individuals aged at least through a letter that details areas and findings ofnoncomplance by the Contractor. Anl MDL can be issued for not meeting performance targets on the MAP Dashboard.  65 years or with a chronic or disabling condition.  1.1.24. MCC - Health First Colorado Member Contact Center  1.1.25. Member- -4 Ani individual who is eligible for the Colorado Medical Assistance Program. Also 1.1.26. Medical Assistance Performance (MAP) Dashboards - a graphic representation of essential 1.1.27. Performance Measure - A quantification that provides objective evidence of the degree to  known as a client.  information regarding pertormance measures, targets and benchmarks and the county'sa actual performance. The MAP Dashboards highlights each county'sp performance and quality.  which a performance result (goal). is occurring over time.  Exhibit A-1, SOW  Page 2 of20    wuvuoiyr Civoiupe .  1.1.28. Program for the All-Inclusive Care for the Elderly (PACE) - Program provides  comprehensive medical and social support services to certain frail individuals 55 years ofage and over. The goal ofPACE is tol keep individuals in their homes and communities through  comprehensive care coordination.  1.1.29. PuMP. - Performance Measurement Process developed by Stacey Barr.  1.1.30. Reporting Period-T The period oftime for eachj performance standard used toi measurewhether  the Contractor is meeting the requirements of each specific Performance Incentive Standard, The First Reporting Period for a SFY shall begin on July 1 of that SFY and end on The Second Reporting Period for a SFY shall begin on January 1 oft that SFY and end on  including performance targets and/or deliverables.  1.1.30.1. 1.1.30.2.  December 31 of that SFY. June 30 ofthat SFY.  1.1.31. Redetermination - A Determination as defined under 10 C.C.R. 2505-8.100.3.P. 1.1.32. State Fiscal Year (SFY) - The period beginning July 1 ofeach calendar year and ending on 1.1.33. Status Report - a communication to the Contractor that details which Performance Incentive 1.1.34. Tableau - is an interactive data visualization software focused on business intelligence; 1.1.35. Timely Determination - Any Determination that is completed within the timeliness 1.1.36. Timely Disenrollment - Processing a change in a member's circumstance and making a 1.1.37. Timely. Redetermination - Any Redetermination thati is completed by thel last day ofthemonth 1.1.38. Target - Degree ofperformance we are aiming to achieve (i.e. 95% Timeliness) 1.1.39. Untimely Determination - Any Determination that is not completed within the timeliness 1.1.40. Untimely Redetermination = Any Redetermination that is not completed by the last day of 1.1.41. Voice of the Customer Voice oft the Customer (VoC) isas series of different methods that is  June 30 ofthe following calendar year. Also referred to as fiscal year in this Exhibit.  Standards were met for each Reporting Period.  provides a graphic representation of essential information regarding performance measures,  targets and benchmarks and the county's actual performance. requirements set forth in 10 C.C.R. 2505-8.100.3.D. determination within fifteen (15) calendar days.  prior to the month in which the member's new annual enrollment period begins.  requirements set forth in 10 C.C.R. 2505-8.100.3.D. Thisi is based on the CBMS RRR Due Date.  the month prior to the month in which the member's new annual enrollment period begins. used to collect customer feedback. A Voc program can help the Contractor capture how customers feel about the experience of accessing services at the Contractor, and can produce insights that can help the Contractor create a stronger customer experience.  2. COUNTY DETERMINATIONS  2.1. The Contractor shall perform all Medicaid eligibility-related work within the Contractor's county, required under C.R.S. $25.5-1-101 et seg. The Department and the Contractor share the costs ofthis work performed by the Contractor as defined in those statutes and this Contract shall  not impact the allocated amount oft that cost sharing.  Exhibit A-1,SOW  Page 3 of20    vuvugiyn LiveIvpo I.  3. SYSTEMS USED TO DETERMINE COMPLIANCE WITH PERFORMANCE  INCENTIVES STANDARDS 3.1. Systems Utilized to Determine Compliance  3.1.1.  To determine whether the Contractor met any or all the Performance Incentives Standards when completing determinations and redeterminations within the Contractor's county, the Department will utilize the COGNOS/DSSOI and MAP Dashboard systems to pull data tracking and reports that track the Contractor's compliance with certain Performance Incentive Standards. This data will be visualized on each county's MAP Dashboards. To determine whether the Contractor met any or all the Performance Incentives Standards when working with Medicaid populations within the Contractor's county, the Department The above list ofs systems is not: all-inclusive and thel Department will, ati its discretion, utilize additional data and reports from the COGNOSDSSOmECangs and/or other systems to determine whether the Contractor met any or all the Performance Incentives Standards. The date the data or reports will be pulled from the COGNOS/DSS01, interChange, and/or other systems published on the MAP Dashboard will be defined in each applicable Performance Incentive Standard and/or the PuMP template for those performance measures. The Contractor should utilize policy, operational and informational guidance provided in this Exhibit and through the HCPF Memo Series for each Performance Incentives Standard to assist with implementing the Performance Incentives Standard and pulling applicable data and reports to determine the Contractor's compliance with any or all the Performance  3.1.2. 3.1.3. 3.1.4. 3.1.5.  mayutilize data from the Colorado interChange system.  Incentives Standards.  3.2. 3.2.1. 3.2.2. 3.2.3.  Communications Utilized tol Determine Compliance  Toi fulfill the requirements in Exhibit A Statement of Work and earn a Performance Incentive Payment, the Contractor shall utilize and comply with guidance issued through the HCPF The Contractor will utilize the HCPF Memo Series to find any forms, templates, program contacts or additional information needed to operationalize the Performance Incentives If additional guidance or contract clarification is needed, the Department may release  Memo Series.  Standard Program referenced throughout this Agreement.  additional guidance to the Contractor through the HCPF Memo Series.  4. - PERFORMANCE INCENTIVES STANDARD PROGRAM  4.1. The Contractor may earn Performance Incentive Payments to reimburse it for aj portion ofits cost  sharing as described in Section 2. 4.2. Accuracy Performance Incentive Standard  4.2.1.  The Contractor may earn the Accuracy Performance Incentive Payment by meeting the Accuracy targets at the end of the Second Reporting Period. To earn the entire. Accuracy Performance Incentive Payment, the Contractor: must meet both targets as specified in section 4.2.1.1, which includes (1) Target for Inaccurate Eligibility Determination Rate and (2) Target for Errors that do not Impact Eligibility. Ift the Contractor only meets one target, the Accuracy Performance Incentive Payment will be 50% of the total amount for this  Performance Incentive.  Exhibit A-1, SOW  Page 4 of20    4.2.1.1. 4.2.1.1.1. 4.2.1.1.1.1.  Accuracy Targets  The Inaccurate Eligibility Determination Rate target is used to determine how many The Inaccurate Eligibility Determination Rate is calculated as the number of individuals that were inçorrectly approved, denied, or terminated divided by the total number of individuals in the sample (%), monthly (includes applications, The Errors that do not Impact Eligibility target is used to determine how many individuals in the sample had a correct determination with errors that did not impact The Errors that doi not Impact Eligibility is calculated as the number ofindividuals with error(s) that did not impact eligibility divided by number ofi individuals in the sample, monthly (includes applications, redeterminations, and case changes). HCPF Eligibility Quality Assurance Program and Medical Assistance Performance The Contractor shall comply with the HCPF Eligibility Quality Assurance Program, per 10 CCR 2505-5 1.020.10.2 and HCPF Operational Memo (OM)21-057, or whichever later Operational Memo supersedes OM 21-057, which specifies the Contractor's role in the state quality assurance (QA) case review process.  individuals in the sample had an incorrect determination.  redeterminations, and case changes).  4.2.1.1.2. 4.2.1.1.2.1. 4.2.1.2. 4.2.1.2.1.  eligibility.  (MAP). Accuracy Dashboard  4.2.1.2.1.1. 4.2.1.2.1.2. 4.2.1.2.1.3. 4.2.1.2.1.4. 4.2.1.2.1.5. 4.2.1.2.2  The QA case reviews occur monthly.  The QA case review process is to monitor the accuracy and quality of eligibility determinations for Medical Assistance made by the Contractor. The Contractor must respond to documentation requests and error: findings within ten (10) business days of the request to ensure QA case reviews are completed The Contractor must respond to the Department's QA case review error: findings by using the two options, 1). Agree/Concur or 2) Disagree/Rebut within ten (10) If additional or revised guidance on the state quality assurance case review process is issued, then the Contractor shall comply with the most current, reçent The Department shall utilize the Medical Assistance Performance (MAP). Accuracy Dashboard to publish the results of the quality assurance case review findings on a monthly basis and sends the results to the County Directors and County  timely.  business days.  information issued through the HCPF Memo Series.  Commissioners.  4.2.1.3. 4.2.1.3.1.  Setting Accuracy Targets and Benchmarks  The Department shall use the most recent twelve (12) months of cumulative data on the MAP Accuracy Dashboard, to set the Second Reporting Period targets and quarterly benchmarks. The Department shall communicate through HCPF Memo Series the targets and benchmarks the Contractor is required to meet at the conclusion ofthe Second Reporting Period to earn the Accuracy Performance Incentive payment.  Exhibit A-1, SOW  Page 5 of20    vwvuuyn  4.2.1.4. 4.2.1.4.1.  Determining Compliance with the. Accuracy. Performance Incentives Standards The MAP Accuracy Dashboard will be available monthly to the Contractor to determine the Contractor's performance over the fiscal year. To determine compliance with the Accuracy Performance Incentive, the Department will utilize the most recent twelve (12) months of cumulative data MAP Accuracy Dashboard, to determine whether the Contractor met or exceeded the specified Accuracy target. The Department will take the Contractor's final actual performance on the MAP Accuracy Dashboard in comparison to the Contractor's Accuracy targets at the end of the fiscal year to determine ift the Contractor's actual performance has met and/or exceeded the Accuracy targets to earn an Accuracy Performance Incentive Payment. The percentage calculation has one (I) decimal plaçe and will not be rounded. Ifthe Contractor has ai review sample size, as defined in section 4.2.1.5.2, performed by HCPF EQA, the Contractor may be eligible for the Review Sample Size  4.2.1.4.2.  4.2.1.5. 4.2.1.5.1. 4.2.1.5.2. 4.2.1.5.2.1.  Review Sample Size Exemptions  Exemption.  Definition of] Review Sample Size  The Contractor with twenty (20) or fewer quality assurance casei reviews per fiscal year would qualify for a Review Sample Size Exemption. The Contractor with a review sample size that does not meet one or both of the Accuracy Incentive targets as defined in section 4.2.1.1 may be eligible for the Review Sample Size  Exemption:  i. Inaccurate Eligibility Rate and/or, ii. Errors that do not impact Eligibility.  4.2.1.5.3. 4.2.1.5.3.1. 4.2.1.5.3.1.1. 4.2.1.5.3.1.2. 4.2.1.5.3.2. 4.2.1.5.3.2.1. 4.2.1.5.4. 4.2.1.5.4.1, 4.2.1.5.4.2. 4.2.1.5.4.2.1.  Determining Targets percentage (%): for Potential Review Sample Size Exemptions The Department shall have two tier target percentages for the. Accuracy Targets: Tierl target percentage (%): The Contractor with twenty (20) or more quality Tier 2 target percentage (%): The Contractor with fewer than twenty (20) The Department shall set the two-tier targets percentage based on the most recent twelve (12): months of cumulative data for the. Accuracy Incentive. The finalized targets percentage will be communicated through the HCPF  assurance case reviews. quality assurance case reviews.  Memo Series.  Review Sample Size Exemption Process  The Department shall follow Exhibit D for the Review Sample Size Exemption  Process.  Definition of Similar Error(s)  The MAP Accuracy Dashboard identifies the accuracy rates for each Contractor; HCPF EQA provides the Contractor with those errors caused by the Contractor that impact açcuracy rates, This allows the Contractor to  Exhibit A-1, SOW  Page 60 of20    vuvuglyn ElveIups IW.  address the root cause of errors to prevent similar errors going forward. If errors are not addressed by the Contractor and they repeat in future months, Ift the Contractor meets only one target with less than twenty (20) reviews, the Review Sample Size Exemption Process will be applied only to the one target not The Contractor that does not meet both targets with less than twenty (20) reviews,  the errors will be considered similar errors.  4.2.1.5.4.3. 4.2.1.5.4.4. 4.2.1.5.5. 4.2.1.5.5.1. 4.2.1.5.5.2. 4.2.1.5.5.2.1.  met by the Contractor.  exemption will be applied to both targets. Notification ofReview Sample Size Exemption  If the Contractor does not meet the Accuracy Incentive Targets per section 4.2.1.5.3, they will be notified through the Status Report oft the Second Reporting The Contractor that does not meet the Accuracy Incentive Targets but qualifies for the exemption process per section 4.2,1.5.4 will be notified through the Status If the Contractor qualifies for the Review Sample Size Exemption Process, the Department shall review previously submitted documentation from the Contractor based on their MAP Accuracy Dashboard and may request The Contractor shall submit any additional documentation requested for the exemption process to the County Relations webform HCPFCountyRelations@state.o.Is within ten (10) business days from the Review Sample Size Exemption Process and Accuracy Performance Incentive The Contractor shall earn the entire. Accuracy Performance Incentive Payment if both Accuracy Targets defined at sections 4.2.1.1.1 and 4.2.1.1.2 are met after eligible exemption(s) are applied. If only one target is met, 50% oft the. Accuracy Performance Incentive Payment will be earned. If both targets are not met, no  Period. Report.  additional documentation as specified in section 4.2.1.5.6. wp-Aeplesus.osanwACCampalao,  4.2.1.5.5.2.2.  or  email  day ofnotification.  4.2.1.5.6. 4.2.1.5.6.1.  Payment  Accuracy Performance Incentive Payment is eamed.  4.2.2.  BENCHMARKS: Individualized, Contractor-specitic accuracy targets for Inaccurate  Eligibility Determinations and Errors That Do Not impact Eligibility.  4.3. Performance Compliance Performance Incentive Standard  4.3.1.  The Contractor shall complymonthly: with the Director-level MAP Dashboard: measures. The performance measures include timeliness of plisuioaidesminitiom, timeliness of long-term services and supports (LTSS) plctiodeteminton, timeliness of case The specific Director-level measures to be included in the Performance Compliance Performance Incentives Standard shall be communicated through HCPF Memo Series. The Department reserves the right to remove and/or add additional measures as it is  changes, etc.  4.3.1.1. 4.3.1.1.1. Exhibit A-1, SOW  appropriate.  Page 7of20    vwwuvy"    4.3.1.1.1.1. 4.3.1.1.2. 4.3.1.1.2.1.  Ifa adding or revising MAP Dashboard measures, the Department shall apply the PuMP process and the Contractor shall have an opportunity toj provide feedback. The Department updates the MAP Dashboards monthly, which are accessible to the Contractor through the Department's MAP Dashboard SharePoint Page and Tableau; copies of these Dashboards are also emailed to Contractor leadership  Department Monitoring of MAP Dashboards  monthly.  4.3.1.1.3. 4.3.1.1.3.1. 4.3.1.1.3.2.  Contractor Monitoring ofMAP Dashboards  The Contractor must monitor the monthly published MAP Dashboards to ensure The Contractor shall designate MAP Dashboard performance owners to access the MAP Dashboards and follow the Standard Operating Procedure (SOP) that is available on the Department SharePoint Page to ensure targets are met and to take The Contractor shall review and investigate the root causes for not achieving the Ifrequested, the Contractor shall respond to the Department with the outcome of the investigation for not meeting the target based on the established MAP The Contractor shall follow guidançe regarding the MAP Dashboard process as issued through the MAP Dashboard SOP, trainings and HCPF Memo Series. Determining Compliance with Performance Compliance Performance Incentives The Contractor will be deemed out of compliance for specific Director-level measures when the Contractor has not met the target(s) after a short- or long-run The Contractor shall refer the MAP Dashboard SOP and HCPF Memo Series for guidance on what constitutes a short- or long-run ofp performance. A Management Decision Letter (MDL), requiring the Contractor to create an Improvement Action Plan (IAP) or Corrective Action Plan (CAP), will be issued to the Contractor to address the short- or long-run ofperformance. The Contractor shall refer to HCPF OM 21-078 for guidance on MDLS, If additional guidance or clarification on MDLS, IAPs and CAPs is issued by the Department, the Contractor shall comply with the most current, recent information issued through the HCPF Memo Series. The issuance of the MDL on a specific Director-level measure signifies that measure as being out-of-compliance. A. Management. Decision Letter decreases the county's compliance percentage, thereby impacting the county's ability to earn the Performance Compliance Incentive. Only Director-level performance measures that the county did not receive an  targets are met.  action ifnecessary. target(s).  4.3.1.1.3.3. 4.3.1.1.3.4. 4.3.1.1.3.5. 4.3.1.1.4. 4.3.1.1.4.1, 4.3.1.1.4.1.1. 4.3.1.1.4.1.2. 4.3.1.1.4.1.2.1. 4.3.1.1.4.1.2.1.1. 4.3.1.1.4.1.2.2.  Dashboard process.  Standard  ofperformance.  IAPs and CAPS.  Exhibit A-1, SOW  Page 8 of20    Ducugiyn Euveiupe  MDL for any time throughout the fiscal year will be considered in- The Contractor shall refer to HCPF OM 21-079 for guidance on calculation of target for the Performance Compliance Incentive. If additional or revised guidance is issued, then the Contractor shall comply with the most current, recent information issued through the  compliance.  4.3.1.1.4.1.2.2.1.  HCPF Memo Series.  4.3.1.1.4.2. 4.3.1.1.4.2.1. 4.3.2.  The Contractor may earn the Performance Compliance Performance Incentive Payment by ensuring that a certain number of Director-level measures maintain compliance with the performance targets and are not issued an MDL. The specific number of Director-level measures that the Contractor must maintain compliance with shall be communicated through the HCPF Memo  Series.  BENCHMARK: The Contractor shall maintain compliance with a certain percentage of Director-level measures out of the total number of Director-level measures reported on the  MAP Dashboard.  4.4. Customer Service Performance Incentive Standard  4.4.1.  The Contractor may earn one Customer Service Performance Incentive Payment at the end of the Second Reporting Period in which the Contractor submits the required deliverable(s) for both Reporting Periods relating to improving customer service through the monitoring of metrics and the development of improvement plans that demonstrate the Contractor is actively implementing the rule 10CCR: 2505-5 1.020.3.4, which requires the county director to implement administrative internal controls that ensure the Contractor provides timely, respectful and culurally-appropnate customer service to Medical Assistance applicants and  members.  4.4.1.1. 4.4.1.2.  Contractor Customer Service Tier  The Department shall assign the Contractor to a Customer Service Tier by September 30, 2022. The Customer Service Tier determines which customer service metrics, benchmarks and deliverables the Contractor must meet and/or submit to earn a Customer  Service Performance Incentive Payment. Customer Service Tier Reclassification  4.4.1.2.1. 4.4.1.2.1.1. 4.4.1.2.1.2. 4.4.1.2.1.3. 4.4.2. 4.4.2.1. 4.4.2.1.1. Exhibit A-I, SOW  The Department may, in consultation with the Contractor, amend its initial classification and reclassify the Contractor to a different Customer Service Tier. Any reclassification approved by the Department, in consultation with the Only Contractor reclassifications from Tier 2 to Tier 1A or 1B are allowable.  Contractor, shall take effect the following Reporting Period.  Customer Service Tier 1  Ift the Contractor is assigned to the Customer Service Tier 1 category, the Department shall classify the Contractor as Tier 1A, Tier IB and Tier 1C to determine what the  Contractor's: required metrics, benchmarks and deliverables are.  Customer Service Tier 1A  Page 9of20    vuvuoiyn Ciivevpe ID.  4.4.2.1.1.1.  Ifthe Contractor is classified as Tier 1A, the Contractor is understood to have an active call center operation, which can be as small as two Contractor staff or as large as 100 or more Contractor staff members answering calls, with a dedicated line which has the technology in place to provide data, at a minimum, on the number of calls received, the average wait time and the number of abandoned  calls.  4.4.2.1.1.2. 4.4.2.1.1.2.1. 4.4.2.1.1.2.1.1.  Ift the Contractor is classified as Tier 1A, the Contractor shall:  Submit to the Department monthly Call Center reporting from the Contractor's available data that complies with the Call Center data reporting Monthly reporting will be due on the IQth of each month and sent mpaAgptesers.avsanCCampalsioN, or email HCPF CountyRelations@state.co.ls. Monthly reporting must begin in October 2022, unless the Department and the Contractor agree on a later Data elements required to be submitted by the Contractor shall be issued via HCPF Memo Series and will be available no later than September 30, Ifc certain data elements required by the Department are not available in the Contractor's data, the Contractor shall propose an alternate data set, which shall be reviewed and approved by the Department. Meet and/or exceed a serviçe-level performance target for the Contractor's Call Center Average Speed to Answer (ASA) by the Second Semi-Annual The service-level performance target for the Contractor's ASA shall be jointly determined by the Department and the Contractor and shall be based on the most recent six (6) months of ASA performance data The service-level performance target shall be jointly determined by the Department and Contractor no later than December 15, 2022. Attend one, two-hour technical assistance and learning session with the Department's MCC Operations stafft before June 30, 2023. The date, time and location oft thet technical assistance and learning session will bej jointly agreed-upon by the Department and the Contractor. The session can be scheduled in a different time format, ifa agreed upon by The Contractor can request additional support, beyond the required session detailed 4.4.2.1.1.2.3, from the MCC Operations stafft to improve its ASA performance by contacting the County Relations webform mpesRawskarsNwpACPCAmpRcsiN, or email  requirements determined by Department.  electronically  to the  County  Relations  webform  date, not to exceed December 31,2022.  4.4.2.1.1.2.1.2. 4.4.2.1.1.2.1.3. 4.4.2.1.1.2.2. 4.4.2.1.1.2.2.1.  2022.  Due Date, June 16, 2023.  provided by the Contractor.  4.4.2.1.1.2.2.2. 4.4.2.1.1.2.3. 4.4.2.1.1.2.3.1. 4.4.2.1.1.2.3.2. 4.4.2.1.1.2.3.3.  the Department and the Contractor.  HCPF Camvclatiomhsssous:  Exhibit A-1, SOW  Page 100 of20    Ducuoiyn Eivelupe IL. nI  4.4.2.1.1.2.4. 4.4.2.1.2. 4.4.2.1.2.1.  The Contractor assigned to Customer Service Tier 1A must comply with the provisions in sections 4.4.2.1.1.2.1, 4.4.2.1.1.2.2 and 4.4.2.1.1.2.3 to earn a  Customer Service Performance Incentive Payment.  Customer Service Tier 1B  Ifthe Contractor is classified as Tier IB, the Contractor is understood to not have an active call center operation, which includes at least two or more staffmembers answering a dedicated line and to not have the technology inj place, at ai minimum, on the number of calls received, the average wait time and the number of abandoned calls. However, the Contractor classified as Tier 1B is actively and currently working to implement active call center operations within the contract  period.  4.4.2.1.2.2. 4.4.2.1.2.2.1. 4.4.2.1.2.2.2.  Ifthe Contractor is classified as Tier IB, the Contractor shall:  Submit to the Department monthly Call Center reporting from the Contractor's available data that complies with the Call Center data reporting Monthly reporting will be due on the 10th of each month and sent HCPF CampcltosEcO.s: Monthly reporting must begin in October 2022, unless the Department and the Contractor: agree on al later date, Data elements required to be submitted by the Contractor shall be issued via HCPF Memo Series and will be available no later than September 30, 2022. Ifcertain data elements required by the Department are not available in the Contractor's data, the Contractor shall propose an alternate data set, which  requirements determined by Department.  electronically  to  the  County  Relations  webform or email  pehptaseshasemCCauyalton,  not to exceed December 31, 2022.  4.4.2.1.2.2.3. 4.4.2.1.2.2.4. 4.4.2.1.3. 4.4.2.1.3.1,  shall be reviewed and approved by the Department.  Customer Service Tier 1C  Ifthe Contractor is classified as Tier 1C, the Contractor is understood to notl have an active call center operation and does not anticipate implementing an active call center before the contract expiration date. A Contractor classified as Tier 1C may have sufficient volume for an active call center but does not currently have the processes or funding in order to implement the active call center. If the Contractor does not anticipate implementing active call center operations prior tot the end oft the contract expiration date, the Contractor shall bei re-classified by the Department as Tier 2B for the purposes of determining the Contractor's  4.4.2.1.3.2.  required metrics, benchmarks and deliverables.  4.4.2.1.3.2.1. 4.4.2.1.3.3. 4.4.3.  Requirements for Tier 2B can be found in section 4.4.3.  Ifthe Contractor does have available call center reporting from existing systems, the Contractor shall also follow the call center reporting requirements as detailed  in section 4.4.2.1.2.2.1.  Customer Service Tier 2  Exhibit A-1, SOW  Page 11 of20    vucuuiyn Lnvevpo  4.4.3.1. 4.4.3.2.  Ift the Contractor is assigned to the Customer Service Tier 2 category, the Department shall classify the Contractor as Tier 2A or Tier 2B to determine what the Contractor's Ifthe Contractor is classified as Tier 2A or 2B, the Contractor is understood to be small enough in operations and workload where a call center (defined as at least two or more staff members answering a dedicated line and to not have the technology inj place, at a minimum, on the number of calls received, the average wait time and the number of abandoned calls) is cost-prohibitive or not supportable under existing funding or staffing  required metrics, benchmarks and deliverables are.  allocations.  4.4.3.3. 4.4.3.3.1. 4.4.3.3.1.1. 4.4.3.3.1.2.  Ifthe Contractor is classified as Tier 2A, the Contractor shall:  Submit to the Department a Customer Service Survey Outreach Plan no later than the Semi-Annual Due Date on. June 16, 2023. The Customer Service Outreach Plan shall The Customer Service Survey is managed by the Department and does not require The Contractor's baseline for the Customer Service Survey will be determined prior to the Semi-Annual Due Date to allow for the Contractor to integrate that data into its Customer Service Outreach Plan. The Contractor's baseline is used to determine what percentage of survey participation rate that must be increased The Customer Service Survey Outreach Plan shall include the Contractor's methodologies and strategies for increasing applicant and member participation in the Department's Customer Service Survey in the following contract cycle. The Customer Service Outreach Plan will include, ati minimum, the following: What communications, methodologies and strategies will be used to engage with applicants and members to increase participation in the How the Contractor will ensure that negative action is not taken against applicants and members who decline to participate in the Customer How the Contractor tracks and monitors its participation rate based on No template is provided to the Contractor; the Contractor's Outreach Plan  be submitted via the County Relations webform. any action from the Contractor.  in the following contract cycle.  4.4.3.3.1.3. 4.4.3.3.1.3.1. 4.4.3.3.1.3.1.1. 4.4.3.3.1.3.1.2. 4.4.3.3.1.3.1.3. 4.4.3.3.1.3.1.4. 4.4.3.3.1.3.1.5. 4.4.3.4. 4.4.3.4.1. 4.4.3.4.1.1. 4.4.3.4.1.1.1. ExhibitA-1,SOW  Who is responsible for the Contractor's Outreach Plan  survey  Service Survey Department-provided data  shall be detailed on the Contractor's letterhead.  Ifthe Contractor is classified as Tier 2B, the Contractor shall: the Semi-Annual Due Date on June 16, 2023.  Submit to the Department a Customer Service Improvement Plan (CSIP): no later than  The CSIP shall:  Does not require a standardized template, but must be written on the Contractor's formal letterhead, approved by the Contractor's director and  Page 12 of20    vuLuolyn Civeiupe ID. rm44r  include each of the required elements listed from 4.4.3.4.1.1.2, 4.4.3.4.1.1.3,  and 4.4.3.4.1.1.4. Voice oft the Customer  4.4.3.4.1.1.2. 4.4.3.4.1.1.2.1.  Address how the Contractor hears from customers on a regular basis through regular and ongoing data and information collection. If the Contractor does not have active processes in place toi integrate the Voice ofthe Customer, the CSIP must include how the Contractor is rectifying Address how the Contractor is or isn' 't using data to determine customer Include how the Contractor is actively implementing processes that Include how the Contractor, through its customer service processes, provides supports to underserved and/or at-risk populations and  the lack ofinformation on customer satisfaction.  4.4.3.4.1.1.2.2. 4.4.3.4.1.1.2.3. 4.4.3.4.1.1.2.4. 4.4.3.4.1.1.3. 4.4.3.4.1.1.3.1. 4.4.3.4.1.1.3.2.  satisfaction  integrate the Voice ofthe Customer.  communities.  Complaints and Negative Feedback  Detail how the Contractor works to ensure timely responses and requests for support from the customer, to avoid complaints where possible. Ifac complaint is submitted, the CSIP shall include how the Contractor addresses positive and negative feedback received through process improvement, training and coaching, positive reinforcement with staffor Prescribe how the Contractor's processes integrate or align with the Department's centralized complaint process as issued in HCPF Memo  other methods. Series. Data Collection  4.4.3.4.1.1.3.3. 4.4.3.4.1.1.4. 4.4.3.4.1.1.4.1. 4.4.3.4.1.1.4.2. 4.4.3.4.1.1.4.3. 4.4.4. 4.4.4.1. 4.4.4.2. 4,4.4.3.  Detail what data is collected, how the data is collected ongoing and what Include what steps the Contractor takes when actionable data on customer Describe what tools the Contractor uses, if any, to collect its data and  tracking mechanisms are inj place. service satisfaction is collected. inform its process improvements.  Customer Service Performance Incentive Standard Exemptions for Unusual Circumstances The Contractor may request an exemption for unusual circumstances for failure to meet the service-level performance targets as detailed in section 4.4.5.1,i if the Contractor was No exemptions for unusual circumstances are allowed for deliverables as detailed in section 4.4.5.2 for Contractors classified as Customer Service Tier IA, 1B, 1C or Tier 2. The exemption process for unusual circumstances is described in section 6, Exemptions; only Contractor exemption requests that follow the process and meet the requirements as  classified by the Department as Customer Service Tier 1A or 1B.  outlined in section 6 will be considered by the Department.  Exhibit A-1,SOW  Page 13 of20    4.4.5. 4.4.5.1.  PERFORMANCE BENCHMARK:  Tier 1: Meet or exceed customized. Average Speed to Answer by end ofSecond Reporting Period and complete required participation in technical assistance sessions with MCC. Customer Service survey response rates to increase by the customized target for the Contractor. Deliverable is measured by increase in number ofresponses to be released in Tier 2: Customer Service survey response rates to increase by the customized target for the Contractor. Deliverable is measured byi increase in numberofresponses: tol be released  HCPF Memo Series. in HCPF Memo Series.  4,4.5.2.  5. SEMI-ANNUAL REPORTING  5.1. The Contractor shall submit documentation to the Department to verify the Contractor's compliance with each Performance Incentive Standard and will submit such documentation ona a semi-annual basis as required. The Contractor must submit documentation to the County Relations webform spehpbrasurseonrCNya, or email HCPF CountyRelationsstate.co.us, unless otherwise specified through the HCPF Memo For the Second Reporting Period, the Contractor shall submit the following documentation: Any Accuracy Performance Incentive Standard Review Sample Size Exemption Process documentation for the fiscal year ift the Contractor failed to meet specified target(s). The Contractor shall only submit documentation upon the Department's request. Any Customer Service Performance Incentive Standard Plans or other documents listed as deliverables under this agreement or specified through the HCPF Memo  Series. 5.1.1. 5.1.1.1. 5.1.1.1.1, 5.1.1.1.2. 6. EXEMPTIONS  Series.  DUE DATE: June 16, 2023  6.1. The Contractor may request an exemption for unusual circumstances for specific Performance  Incentive Standards by following the process as outlined in section 6.  6.1.1.  Based on the Department's review of the Contractor's request, partial payment of the Performance Incentive Standard Payments may be made at the Department's discretion, which is not subject to exemption request or dispute. The Department's decision on partial payment is final and Performance Incentive Payments made based on the Department's  determination.  6.2. Definition ofUnusual Circumstances  6.2.1. 6.2.2.  Unusual circumstances are defined as uncommon, rare or sudden events over which the Contractor had no direct control and which directly result in the failure to act in accordance with or meet the requirements oft the specific Performance Incentive Standard. Unusual circumstances for which the Contractor can request exemption include the anticipated end of the federal COVID-19 Public Health Emergency or other circumstances  that cause a large, sustained increase in workload.  Exhibit A-1, SOW  Page 14 of20    DuLuoy" EIvEIups .  6.2.3.  Unusual circumstançes do not include circumstances for which the Contractor had direct knowledge or control over, including the Contractor's clear and demonstrated failure to act ina accordance with or meet the requirements oft the specific Performance Incentive Standard The Department's determination of whether the Contractor's request meets the definition of  is evident.  6.2.4.  unusual circumstances is final.  6.3. Process for Unusual Circumstances Exemption Requests  6.3.1. 6.3.2. 6.3.3.  The process for the Contractor to submit an exemption request shall be communicated via Unusual circumstances exemption requests must include thorough supporting documentation from the Contractor, and the Contractor shall be responsible for timely submission of any additional documentation requested by the Department for the exemption process. General questions on unusual circumstances exemption requests should be submitted to the County Relations webform mpalgptesus.omsanwcCampasion, or  the HCPF Memo Series for each Performance Incentive Standard.  email HCPF omyclaiomsecous  6.4. Department Review and Approval of] Exemption Requests  6.4.1. 6.4.2. 6.4.2.1, 6.4.2.2. 6.4.3. 6.4.4. 6.4.5. 6.4.5.1. 6.4.5.1.1. 6.4.5.1.2.  Based on the Contractor's unusual circumstances exemption request and supporting documentation, the Department will provide the Contractor with an approval or denial ofthe Ift the Department approves the unusual circumstances exemption request, partial payment may be made to the Contractor for the Performance Incentive Standard the Contractor The Department has the sole authority to determine the amount of partial payment, which If partial payment is made based on the Contractor's unusual circumstances exemption request, the Department will provide the actual amount ofthej partial payment on the Final If the Department denies the unusual circumstances exemption request, the Performance Incentives Payments issued are final and are: not subject to further dispute or appeal The Department may approve or reject any request for unusual circumstances exemptions and may limit the total number of approved exemptions for all Performance Incentive  request on the Final Status Report. requested exemption for.  is not subject to dispute by the Contractor.  Status Report.  Standards.  Non-Allowable Exemption Reasons  The Department will deny unusual circumstances exemption requests that are determined as due to the fault of the Contractor, where unusual circumstances truly did not exist, The Contractor failed to meet contractualy-speciied requirements relating to the content of submission ofc deliverables and the timely submission of deliverables. The Contractor failed to meet contractually-speciied requirements relating to performance benchmarks of any Performance Incentive Standards eligible for  and/or any exemption requests based on the following:  exemption requests.  Exhibit A-1,SOW  Page 15 of20    Duvugiyn Enveupe IU.  6.4.5.1.3.  The Contractor's failure to review and utilize County Administration regulations at 10 CCR 2505-5 1.020 and County Incentives Program documentation, including policy, informâtional, and operational guidançe issued through the HCPF Memo Series, that resulted in the Contractor failing to meet performance benchmarks and The Department's final determination of the Contractor's exemption request(s) for The Contractor's failure to use the MAP Dashboards for the purposes of fulfilling The Contractor's failure to use EQA case review results for the purposes of fulfilling Exhibit A, Statement of Work. The reasons for denial of an exemption as stated in section 6 are not all-inclusive and the Department reserves the right to deny any Prior to denying an exemption for reasons beyond those stâted in section 6, the Department may, at its discretion, request further information from the Contractor to determine whether the request for exemption meets the exemption standards as stated in section 6, Exemptions. Unusual circumstances exemption requests will be considered for any Performance Incentive  deliverables relating to any Performance Incentive Standard. the Accuracy Performance Incentive Standard. Exhibit. A, Statement of Work.  6.4.5.1.4. 6.4.5.1.5. 6.4.5.1.6.  exemption for reasons not stated in section 6.  6.4.6.  6.5. Performance Inçentive Standards Eligibility for Unusual Circumstances Exemption Requests.  6.5.1. 6.5.1.1. 6.5.1.2. 6.5.2. 6.5.2.1. 6.5.3.  Standard listed under section 6.5.1.  Customer Service Performance Incentive Standard Accuracy Performance Incentive Standard Incentive Standard listed under 6.5.2.  Unusual circumstances exemptions requests will not be considered for any Performance  Performance Compliance Performance Incentive Standard  The Contractor's performance and compliance with the Performance Incentive Standards listed under section 6.5.2 will be deemed final, as determined by the Department, and Performance Incentive Payments made without the opportunity to submit an exemption.  7. NOTIFICATIONS  7.1. After each Reporting Period, the Contractor will be provided a Status Report that details which  Performance Incentive Standards were met.  7.1.1. 7.1.2.  The Contractor's Reporting Period Status Report will only detail which Performance Incentive Standards were met for the Reporting Period in question. Funding amounts will If the Contractor has more than one Reporting Period in the fiscal year to meet any Performance Incentive Standards, the Reporting Period Status Report will not include the 7.2. After the conclusion oft the fiscal year, the! Department will provide the Contractor: a final Status Report that details which Performance Incentive Standards were not met and met and how much  not be provided until the conclusion oft the fiscal year.  Contractor's performance in those Performance Incentive Standards.  Performance Incentive Payments were earned by the Contractor.  Exhibit A-1, SOW  Page 16 of20    Duvuoiy" CivcIupe IU.  7.2.1.  The final Status Report cannot be disputed; ift the Contractor disagreed with the Department's determination of compliance with any Performance Incentive Standard, the Contractor must 7.3. Each Reporting Period Status Report and the final Status Report will be sent to the county human/social services director and will act as the official notification of the Contractor's 7.4. Status Reports for each Reporting Period will be sent within ten (10) calendar days after the Semi-Annual Reporting due date for each Reporting Period as found in Section 5, Semi-Annual Reporting. The date on which the Status Report for each Reporting Period is sent to the If unusual circumstances have delayed the Contractor's Reporting Period or final Status Reports, the Department will inform the Contractor of the delay and an anticipated date of  have disputed that result based on the Reporting Period Status Report.  compliance with the Performance Incentives Standards,  Contractor will be considered the Status Report Date.  7.4.1.  resolution.  7.5. The final Status Report will be sent upon the Department's determination of final Performance 7.6. The Contractor will have the opportunity to dispute the Status Report results as defined in section  Incentive Payment amounts. 8,Dispute Resolution. 8. DISPUTE RESOLUTION  8.1. Opportunity and' Timeframe for Dispute Resolution  8.1.1. 8.1.1.1. 8.1.1.1.1. 8.1.1.1.1.1.  In the event the Contractor disagrees with the findings oft the official notification as found in section 7, Notifications, the Contractor will have the opportunity to dispute the Reporting  Period Status Report for the Reporting Period in question. The final Status Report cannot be disputed per section 7.2.1.  The Contractor will have seven (7) calendar days from the Status Report Date to review each Reporting Period Status Report and dispute the results. Ifthe Contractor fails to dispute the Reporting Period Status Report within seven (7) calendar days from the Status Report Date, the Status Report results will be deemed final. No further disputes will be allowed, and compensation will be made per section 9 based on the results oft the non-disputed Status Report.  8.2. Allowable Disputes  8.2.1. 8.2.1.1. 8.2.1.2. 8.2.1.3.  The Contractor will be allowed to dispute the results of the Status Report based on the The Contractor submitted documentation that was required for a Performance Incentive Standard, sO long as the Contractor has proof that the required documentation was The Contractor requests a re-review of the Contractor's submitted documentation that was used to determine compliance with any. Performance Incentive Standard. The Contractor has available data, such as systems reports or other tracking methodologies, that conflicts with the Department's available data that will utilized to  following reasons:  submitted on or before the contractually-required due date.  determine compliance with a Performance Incentive Standard.  Exhibit. A-1, SOW  Page 17 of20    vucuviyn Lnvovpe ,  8.2.1.3.1. 8.2.1.3.2. 8.2.2.  The Contractor will be responsible for providing all necessary and relevant data available to the Department in order to determine if the Contractor's data actually The Department will make the: final determination when a conflict of data occurs and will make Performance Incentive Standard Payments based oni its final determination. Thel Department reserves the right to add additional allowable dispute reasons throughout the fiscal year based on additional information made available from the Department and/or Contractor. These additional allowable dispute reasons will be considered on a case-by-case basis, and the Department's determination of additional allowable dispute reasons are final and not subject to the Dispute Resolution process as outlined in section 8.  conflicts with the Department's data.  8.3. Nonallowable Disputes  8.3.1. 8.3.1.1. 8.3.1.2. 8.3.1.3.  The Contractor will not be allowed to dispute the results of the Status Report based on the The Contractor failed to meet contractually-spetified requirements relating to the content ofsubmission of deliverables and the timely submission of deliverables. The Contractor failed to meet contractualyspecified requirements relating to performance benchmarks of any Performance Incentive Standard. The Contractor's failure toi review and utilize County Incentives Program documentation, inçluding policy, informational, and operational guidance issued through the HCPF Memo Series, that resultedi ini the Contractor failing to meet performance benchmarks and The Department's final determination of the Contractor's exemption request(s) for the The Department reserves the right to deny a Contractor's dispute based on any reason not included under section 8.3.1. The Department's determination is final and is not subject to  following reasons:  deliverables relating to any Performance Incentive Standard.  8.3.1.4. 8.3.2.  Accuracy Performance Incentive Standard.  dispute or appeal.  9. COMPENSATION 9.1. Compensation 9.1.1. 9.1.1.1. 9.1.1.1.1.  Performance Incentive Payment  The Department shall pay the Contractor, after the end of the fiscal year in which the work was performed, a Performance Incentive Payment for each Performance Incentive The Department shall pay the Contractor an Accuracy Performance Incentive Payment, if applicable, as shown in Exhibit B at the conclusion of the Second Reporting Period if the Contractor meets the requirements for that Performance Incentive Standard. (To earni the entire. Accuracy Performance Incentive Payment, the Contractor must meet both targets as specified in section 4.2.1.1, which includes (1) Target for Inaccurate Eligibility Determination Rate and (2) Target for Errors that do not Impact Eligibility, If the Contractor only meets one target, the Accuracy Performance Incentive Payment will be 50%ofthei total amount fort this Performance  Standard it meets during the applicable Reporting Period as follows:  Incentive.)  Exhibit A-1,SOW  Page 18 of20    vucuolyn Civaupe .  9.1.1.1.2.  The Department shall pay the Contractor a Performance Compliance Performance Incentive Payment as shown in Exhibit B at the conclusion of the Second Reporting Period if the Contractor meets the requirements for that Performance Incentive The Department shall pay the Contractor: a Customer Service Performance Incentive Payment as shown in Exhibit B at the conclusion oft the Second Reporting Period if the Contractor meets the requirements for that Performance Incentive Standard. The Department will create a Remaining Funds Incentive Pool each SFY. The Remaining Funds Incentive Pool shall include the following:  Standard.  9.1.1.1.3. 9.1.2. 9.1.2.1. 9.1.2.1.1. 9.1.2.1.1.1. 9.1.2.1.1.2.  Remaining Funds Incentive Pool Payment  The total amount of all base Performance Incentive Payments allocated to any Contractor that selected to not participate in thel Performance Incentive Standards Each ofthe Performance Incentive Payments the AccuracyPerformance Incentive Standard, Performance Compliance Performance Incentive Standard, the Customer Service Performance Incentive Standard and the Continuous Coverage Performance Incentive Standard that were not earned by the Contractor during a The Contractor shall be eligible for Remaining Funds Incentive Pool If the Remaining Funds Incentive Pool is zero dollars ($0.00) for any SFY, the Contractor: shall not receive a Remaining Funds Incentive Pool Payment for that SFY. The Contractor shall be eligible for payment from the Remaining Funds Incentive Pool based on the dollar amount of Incentives met during that SFY. Based on the proportion of total Incentive funds that the Contractor is eligible to be paid in each SFY, the Contractor shall reçeive the same proportion of funds from the The Contractor's payment of funds from the Remaining Funds Incentive Pool shall never exceed the county's share of] Medicaid expenditure, as specified in Section 2,  Program for that SFY.  Reporting Period in that SFY.  9.1.2.1.1.2.1. 9.1.2.1.2. 9.1.2.2. 9.1.2.2.1. 9.1.2.2.2. 9.1.2.2.3.  payments.  The Remaining Funds Incentive Pool will be paid as follows:  Remaining Funds Incentive Pool.  County Determinations.  9.2. Payment Procedures  9.2.1.  The Contractor shall receive Performance Incentive Payments at the end of the Second Reporting Period within ninety days (90) days following the end of the fiscal year in which the Performance Incentive Standards were met. This allocation will reflect the maximum the Contractor can earn for each Performance Incentive Standard per. Reporting Period. If the Contractor's county administration line item is over-expended during the county administration closeout process, Settlement Accounting and the Department may utilize the Contractor's earned Performance Incentive Payments during the closeout process. Actual Performance Incentive Payment maximums are dependent on the Contractor's share ofMedicaid county administration expenditure. Ini no event shall the Contractor bej paid more  9.2.1.1. 9.2.2. ExhibitA-1,SOW  Page 19 of20    than the Contractor's county share of Medicaid county administration expenditure in any The Department may add any unearned funds from thel First Reporting Period into the Second The Contractor shall be paid the Performance Incentive Payments through the County The Department may use any unearned Second Reporting Period Performance Incentive The Incentive Payment earned is unrestricted, and the Contractor mayutilize the fund per  Reporting Period or fiscal year. Reporting Period allocation for any SFY. Financial Management System (CFMS).  9.2.3. 9.2.4. 9.2.5. 9.2.5.1.  Payments during the county administration close out process.  the Contractors discretion.  Exhibit A-1, sOW  Page 20 of20    EXHIBIT B-1, RATES  SFY 2022-23 Incentives Payment Table  To earn the entire. Accuracy Performance Incentive Payment, the Contractor musti meet both targets as specifiedi in section 4.2.1.1, which includes (1) Target for Inaccurate. Eligibility Determination Rate and (2) Target for Errors that do not Impact Eligibility. Ifthe Contractor only meets one target, the. Accuracy Performance. Incentive Payment  will be 50% of the total amount) for this Performance Incentive.  Incentive Payment Name Accuracy Performance Inçentive Payment Performance Compliance Performance Incentive Payment Customer Service Incentive Payment Total  %of Funding 40% 30% 30%  Payment Amount $16,465.64 $12,349.23 $12,349.23 $41,164.10  Exhibit B-1, Rates  Page 1 of1    vvuvyn  Exhibit D: Review Sample Size Exemption Process Flow  Didcounty have 20arr more reviews inFY?  July5, 2023 Pulicounty QA data Yes- minimumof 20r reviews compleledin Didthe counly meelb both accruacy largets? No-oneor botht targets nolmet, payment issuedonly for larget mel,  No. minimumaf 20n reviews not completedinFy thec county meet bothA Accruacy targets? No-One targetnormet targets notmet Yes th withl less than withl 20reviews. less than largetsn met 20reviews. vith less than Apply 20n reviews Exemplion Review oboth Payment onlyto theone Issued target not mey  NO both Apply Exemption targets issued  Yes- boch largelsn met Payment issued. Errors: The MAPI Accuracy Dashboard identifies the Accuracy rates for eacho county; HCPF QAC communicates witha county about! thee errors causedby! tho county. This allows countiest ta address roor caused ofe errorsto prevents similar errors going forward. Iferrors arer not addressed byt thec county and they repeati in future manths, tho errors willl bec considered similar errors.  1. lboth targets aren mets aher exemphon review, payment 2lfone targetn met, paymenti issuedo only fort targeu met  Iftaryeti is meta afere exemptionr review nolis issued E  applled, paymenti issued,i ifnotn met, payment 3 ltbothn notm mel,p payment nolis ssued.  Exemption Review Process: 1 Countles withu unmet largets ont the MAPA Accuracy Dashboardo causinga as short and/or long-runo of perfoinance during theh fiscaly years shouldi iollow Ihew MAP Dashboard process toa analyzez andd determiner rool cause uru report ont MAPA Accuracy Dashboard (current process). 2. Fort thep purposes ofexemption, the Deparmenty will review thec county's submissionf from thes short- orlang-nn olperformance. 3. laustional infomations isn noedeut tor the puosesol joxemption. wet Department may! follow upwith thec county. 4. Niern review ofihep previously provided and/or new nfomation (root cause analysis). thee exempoorsy wbe approvedo or denied, Payment issuedi flarget(s) arem meta atere exempuon(s) are noti issued,  Review Sizer rules: Hmerea aret three (3)orless errors withn no simalar errors atthe endofFYa ana automalc axemption applies 2.theren aie greateru thant three (3) errorsy wichn no/ simlar errorsa arthee endo OlFY, no exemptions are/ appled.  EXAMPLE Recalculating actual endolFY.  performance based on exemption:  / EXAMPLE: Acountys inaccurate Eligibility Determination! rate aendolFY 41 696( (acutal is appled; iftarget(s)r nain mela altere exemption, payment  purformance) County's Target: 232 296( (as refiected ont the) MAP Dashboard). Exemption pcasS Departmente creates two (2)t tiers targetsp percentage! basedont the QAdata/ findings M. Apply thee exemption process onthe totalo county reviews fora qualfied counbes atthe Example 12revlews per FY MAP Dasitooard rellecis5 Total Errorss 101 AcualPetlomarced 1648 Hrvever 3errors e ols SmDar errors (exemplerl; ard : are" simaiars erDIs (npl mptint That levisedi jexemptons apie) nashite Fluuh Datertatauate 160e The Department mayn revewa andi requesi additonald documentation; pert theD Departimnent's discretion orecalculate the percentage. ifineeded FinalFY tier targets lober releasedi INHCPF Memo: Seres  Exhibit D, Review Sample Size Exemption Process Flow  Page I ofl    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: January 24, 2023 Submitter: Meagan Hillman, PCPHE Director  Submitted to the County Administration Office on: 01/16/2023 Return Originals to: Meagan Hillman PCPHE Director Number of originals to return to Submitter: 1 Contract Due Date: Effective once, signed and returned  Item Tite/Reommended Board Action: SOW to Original Master task Order Contract Routing Number: 23 FAA 00019, Task Order Contract 2023-01 FREM, Exhibit B request approval for Justification or Background: No Cost contract for PCPHE to obtain free fentanyl test strips.  PCPHE Director to sign  Fiscal Impact: This item is budgeted in the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on: 01/13/2023 Additional Approvals (if required):  PLEASE ATTACHTHIS SHEETTO ALL. AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    STI/HIV/VH Contracts & Procurement Unit CONTACT FORM insttutonorganzation  Legal Name Mailing Address Phone Email Central Email DUNS# EIN#  Prowers County Public Health and Environment  Legal Address (Physical) 1001 S Main St Lamar, CO 81052  same 719-336-8721  mhlman@prowerscounty.net  014854343 846000796  Email for DocuSign* Contract Administrator  mhilman@prowerscounty.net  Name Phone Email Name Phone Email Financial Contact Name Phone Email Name Title** Phone Email  Meagan L Hillman PA-C, MBA  719-336-8721  mhilman@prowerscounty.net  Program Contact/Principal Investigator  same as above  Reyna Perez, Accountant  719-336-8721  popneaccountant@prowerscounvy.net Meagan L Hillman PA-C, MBA  Signature Authority  Director 719-336-8721  mhilman@prowerscounty.net  'Email contact for contract electronic signature.  ** If not an apparent authority, the entity will need to provide a Signature Authority letter.  Revised 2020-08    STI/HIV/VH Contracts & Procurement Unit CONTACT FORM nstitution/organzation  Legal Name  Prowers County Public Health and Environment  Legal Address (Physical) 1001 S Main St Lamar, CO 81052  Mailing Address Phone Email Central Email DUNS# EIN#  same 719-336-8721  mhllman@prowerscounty.net  014854343 846000796  Email for DocuSign* Contract Administrator  mamandpomercounyne  Name Phone Email Name Phone Email Financial Contact Name Phone Email Name Title** Phone Email  Meagan L Hillman PA-C, MBA  719-336-8721  mhilman@prowerscounty.net  Program Contact/Principal Investigator  same as above  Reyna Perez, Accountant  719-336-8721  pepneaccountant@prowerscounvy.net Meagan L Hillman PA-C, MBA  Signature Authority  Director 719-336-8721  mhllman@prowerscounty.net  Email contact for contract electronic signature.  ** Ifnot an apparent authority, the entity will need to provide a Signature Authority letter,  Revised 2020-08    EXHIBITI B  STATEMENT OF WORK  To Original Master Task Order Contract Routing Number: 23 FAA 00019  These provisions are to be read and interpreted in conjunction with the provisions of the Contract specified above. II. Project Description: This project serves toi increase the availability ofoverdose prevention tools, specifically synthetic opiate detection tools, across thes state of Colorado as part ofai fentanyl education and prevention campaign. According to CDPHE's Drug Overdose Dashboard, we lost 1,881 Coloradans toi fatal overdose at least 912oft those deaths due toi fentanyl. Colorado is seeing more fatal overdoses due to fentanyl than ever before with annual increases since 2018. Fatal overdose is preventable. These test strips willl helps save the lives of people who use drugs across thes state because ift fentanyl is detected, then people can use that information to make informed This project is funded by HB22- 1326 Fentanyl Accountability And Prevention Act through appropriation for non-laboratory synthetic opiate detection tests pursuant to section 25-1.5-115.3(1), C.R.S.. CDPHE has defined  LEntity Name: Prowers County Public Health and) Environment  decisions about their drug use.  eligibility as any local public health department in the state ofColorado. 1. CDC- Centers for Disease Control and Prevention 2. CDPHE- - Colorado Department of] Public Health and Environment 3. FCDPHE - Fremont County Department of Public Health and Environment 4.1 FDA - Food and Drug Administration 5.1 Fentanyl Test Strips synthetic opiate detection tool 6. HIV - Human Immunodeticiency Viruses 7.1 LPHA- - Local Public Health Agency 8.1 Priority Populations People at risk off fatal overdoses. 10. Service. Area - Prowers County 11.STI - Sexually Transmitted Infection 12. VH - Viral Hepatitis  Definitions:  9.1 REDCap- - Research Electronic Data Capture: a secure web application for data collection  IV. Work Plan inequities.  Goal #1: Provide high-quality HIV,STI, and VH] prevention services toi increase the priority population's access to testing, education, and treatment, and reduce the acquisition ofHIV/STIVH throughout Colorado in order to disrupt health Objective #1: Nol later than the expiration date of the Contract, improve access to overdose prevention tools for the  priority population int thes service area. Primary Activity #1 Sub-Activities #1  The Contractor shall distribute fentanyl test strips to thej priority population within the 1.7 The Contractor shall distribute fentanyl tests strips to thei following: a. Agencies that serve people at risk of an opiate overdose. b.1 Individuals at risk of an opiate overdose. 2. The Contractor shall request technical assistance as needed.  service area.  3. The Contractor shall distribute instructions and education in tandem with the fentanyl test  strips.  Task Order Contract: 2023-01 FREM Page 1of3  EXHIBITB    4. The Contractor shall record the number oft test strips distributed into the quarterly progress 1.The content of electronic documents located on CDPHE and non-CDPHE websites and information contained on CDPHE and non-CDPHE websites may be updated periodically during the Contract term. The Contractor shall monitor documents and website content for updates and comply with all updates. 2.CDPHE will provide fentanyli test strips at no cost to the Contractor. a. Contractor shall place an order using the Fentanyl Test Strip Order Form. This document is incorporated and made part oft this Contract by reference and is available at tps/dbspgiecom.lom/ommsaeIFAROISA nwT 3J39Waiz TICMVaadqID/nsNHVGAYNB7-hntng/viewform. b.After placing an order, the strips will be shipped directly from the vendor. c. Test strip orders must bei received by the Contractor byt the Contract d. The contact for this project is cdphe sthv cmistmnligdicso.s e. Contractor shall provide as signed copy of the invoice upon arrival to thel Drug 3.CDPHE will send a Contact Form to the Contractor to complete which willi indicate who a. The Contractor shall report the number oft test strips distributed: in aggregate 4.CDPHE's) Drug User Health Coordinator will provide support for fentanyl test strip  report.  Standards and Requirements  expiration date. User) Health Coordinator.  will receive the CDPHE REDCap quarterly survey: form.  per quarter, by county. distribution via: a. Trainings  b. Technical assistance upon request c. Repository of best practices available. at htps/drive.google-com/tive/olders/IpHzeL.4YP EOLRORYKEGRIBOAE  5.Any educational materials created internally must be in line with National Harm Reduction Coalition's harm reduction principles and guidance for fentanyl test strips This document isi incorporated andi made part ofthis Contract by reference, andi is available at mtps/mamreductonoryAbourupmepes-o-hamm-reduction. 1.I Increased access to risk reduction materials fori individuals atl high-risk of opiate overdose. 2. Increased service engagement with people who use drugs.  Expected Results of Activity(s) Measurement of Expected Results  1.I Data contained in quarterly progress reports.  2. Reports from data contained in REDCap or other databases as designated by CDPHE.  Completion Date Nol later than 30 calendar days following thel last day of each quarter.  Deliverables  1.The Contractor shall submit a quarterly progress report utilizing the CDPHE REDCap quarterly surveyform via email to CDPHE.  V. Monitoring:  CDPHE's monitoring of this Contract for compliance with performance requirements willl be conducted throughout the Contract period by the CDPHE Contract Monitor. Methods used willi include ai review of documentation determined by CDPHE tol be reflective of performance to include progress reports and other fiscal and programmatic documentation as applicable. The Contractor's performance willl be evaluated at set intervals and communicated to the Contractor. A Final Contractor Performance Evaluation willl be conducted at the end of  thel life ofthe Contract.    Task Order Contract: 2023-01 FREM Page 2 of3  EXHIBIT B  VI. Resolution ofl Non-Compliance:  The Contractor willl bei notified in writing within 15 calendar days of discovery ofac compliance issue. Within 30 calendar days of discovery, the Contractor and the State will collaborate, when appropriate, to determine the action(s) necessaryt to rectify the compliance issue and determine when the action(s) must be completed. The action(s) and time line for completion will be documented: in writing and agreed to by both parties. Ifextenuating circumstances arise that requires an extension to the time line, the Contractor shall email ar request toi the CDPHE Contract Monitor and receive approval for a new due date. The State will oversee the comp-etiowimpememation oft the action(s) to ensure time lines are met andt the issue(s) is resolved. Ifthe Contractor demonstrates inaction or disregard for the agreed upon compliance: resolution plan, the State may exercise its rights under the provisions  ofthis Contract.    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 1/24/2023 Submitter: Michelle Hiigel, Land Use  Submitted to the County Administration Office on: 1/18/2023 Return Originals to: Michelle Hiigel, Land Use Number of originals to return to Submitter: 1  Contract Due Date: N/A  Item Tite/Recommended Board Action:  Consider approval ofOverview and Concurrence Form for Department of Homeland Security Federal Emergency Management Agency (FEMA) regarding the Conditional Letter ofMap Revision (CLOMR) request submitted by Colorado Gravel, LLC, authorizing Michelle Hiigel, Land Use and Floodplain Administrator  to execute the document  Approved by the County Attorney on: Additional Approvals (ifrequired):  PLEASE. ATTACH THIS SHEET TO ALL. AGENDA ITEMS WHEN SUBMITTING TO  COUNTY ADMINISTRATION.  THANK YOU!    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency OVERVIEW & CONCURRENCE FORM  OMB Control Number: 1660-0016 Expiration: 1/31/2024  PAPERWORK BURDEN DISCLOSURE NOTICE  Public reporting burden for this form is estimated to average 1 hours per response. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data, and completing, reviewing, and submitting the form. You are not required to respond tot this collection ofi information unless it displays a valid OMB control number. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing this burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472, Paperwork Reduction Project (1660-0016). Submission of thet form is required to obtain or retain benefits under the National Flood Insurance Program. Please do not send  your completed survey to the above address.  PRIVACY ACT STATEMENT  AUTHORITY: The National Flood Insurance Act of 1968, Public Law 90-448, as amended byt the Flood Disaster Protection Act of 1973, Public PRINCIPAL PURPOSE(S): This information is being collected for the purpose of determining an applicant's eligibility to request changes to ROUTINE USE(S): The information on this form may be disclosed as generally permitted under 50 U.S.C S 552a(b) of the Privacy Act of 1974, as amended. This includes using this information as necessary and authorized by the routine uses published in DHSIFEMANFPAOMA1 National Flood Insurance Program (NFIP); Letter of Map Amendment (LOMA) February 15, 2006, 71 FR 7990. DISCLOSURE: The disclosure ofi information ont this form is voluntary; however, failure to provide thei information requested may delay or prevent FEMA from processing a determination regarding a requested change to a (NFIP) Flood Insurance Rate Maps (FIRM).  Law 93-234.  National Flood Insurance Program (NFIP) Flood Insurance Ratel Maps (FIRM).  A. REQUESTED RESPONSE FROM DHS-FEMA  This request is for a (check one): CLOMR:  Al letter from DHS-FEMA commenting on whether ap proposed project, if built as proposed, would justify a map  propbsvaiRaPiogy changes (See 44 CFR Ch. 1, Parts 60, 65&72). All CLOMRS require documentation of compliance with the  Endangered Species Act. Refer toi the Instructions for details. flood elevations. (See 44 CFR Ch. 1, Parts 60, 65&72).  LOMR: Al letter from DHS-FEMA officially revising the current NFIP map tos show the changes to floodplains, regulatory floodway or  B. OVERVIEW  1. The NFIP map panel(s) affected for all impacted communities is (are):  Community No. 480287 080144 080272  Community Name Granada, Town of Prowers County  State Map No. Panel No. Effective Date  Example: 480301; City of Katy; Harris County  TX;TX 48473C; 0005D; 48201C 0220G 08099C 383C 380C 04/19/2016 08099C 383C 380C 04/19/2016  02/08/83; 09/28/90  CO CO  385C 379C 385C 379C  2. a. Flooding Source: Arkansas River b. Types of Flooding:  Riverine Alluvial Fan  Coastal Lakes  Shallow Flooding (e.g., Zones AO and AH) Other (Attach Description)  3. Project Name/ldentifier: Colorado Gravel Granada Pit  4 FEMA: zone designations (choices: A, AH, AO, A1-A30, A99, AE, AR, VVI-SO,VE,B.C.D.X)  a. Effective: AE b.F Revised:  FEMA FORM FF-206-FY-21-100 (formerly 086-0-27)  MT-2 FORM1 1  Page 1of3    Basis for Request and Type of Revision:  a. The basis fort this revision request is (check all that apply)  Physical Change Coastal Analysis Weir-Dam Changes New Topographic Data  Improved Methodology/Data Hydraulic Analysis Levee Certification Other (Attach Description)  Regulatory Floodway Revision Hydrologic Analysis Alluvial Fan Analysis  Base Map Changes Corrections Natural Changes  Note: A photograph and narrative description of the area of concern is not required, but is very helpful during review.  b. The area of revision encompasses the following structures (check all that apply)  Structures:  Channelization Dam  Levee/Floodwall X Bridge/Culvert  Fill  Other (Attach Description)  6.  Documentation of ESA compliance is submitted (required toi initiate CLOMR review). Please refert to the instructions for more  information.  C. REVIEW: FEE  Has the review fee for the appropriate request category beeni included?  Yes No, Attach Explanation  Fee amount: $ 6,500  Please see the DHS-FEMA Web site at ntplwww.emagovylovfoma-documentsand-sofwarellood.  ap-related-fees for Fee Amounts and Exemptions.  D.S SIGNATURES  1.REQUESTOR'S SIGNATURE Name: Matthew Johnson, PE, CFM Mailing Address: 123 G Street, Suite 18 Salida, CO 81201  All documents submitted in support of this request are correct to the best of my knowledge. lunderstand that any false statement may be  punishable by fine or imprisonment under Title 18 oft the United States Code, Section 1001.  Company: WaterVation,PLLC Daytime Telephone: Date: 01/11/2023  719-337-8604  Fax No.:  E-mail Address: mathew.johnson@water-vation.com  Signature of Requestor (required): 2.COMMUNITY CONCURRENCE  Uala  As the community official responsible for floodplain management, I hereby acknowledge that we have received and reviewed this Letter of Map Revision (LOMR) or conditional LOMR request. Based upon the community's review, we find the completed or proposed project meets or is designed to meet all of the community floodplain management requirements, including the requirements for when filli is placed in the regulatory floodway, and that allr necessary Federal, State, and local permits have been, or in the case of a conditional LOMR, will be obtained. For Conditional LOMR requests, the applicant has documented Endangered Species Act (ESA) compliance to FEMA prior to FEMA's review of the Conditional LOMR application. For LOMR requests, I acknowledge that compliance with Sections 9 and 10 of the ESA has been achieved independently of FEMA's process. For actions authorized, funded, ork being carried out by Federal or State agencies, documentation from the agency showing its compliance with Section 7(a)(2) of the ESA will be submitted. In addition, we have determined that the land and any existing or proposed structures to be removed from the SFHA are or will be reasonably safe from flooding as defined in  44CFR6 65.2(c), and that we have available upon request by FEMA, all analyses and documentation usedt to maket this determination.  Community Official's Name and' Title: Mailing Address:  Community Name: Daytime Telephone: E-mail Address:  Fax No.:  Community Official's Signature (required): FEMA FORM FF-206-FY-21-100 (formerly 086-0-27)  Date:  MT-2 FORM1 1  Page 2of3    ? CERTIFICATION BY REGISTERED PROFESSIONAL ENGINEER AND/OR LAND SURVEYOR  certification is to be signed and sealed by a licensed land surveyor, registered professional engineer, or architect authorized by law to certify elevation information data, hydrologic and hydraulic analysis, and any other supporting information as per NFIP regulations paragraph 65.2(b) and as described in the MT-2 Forms Instructions. All documents submitted in support of this request are correct to the best of my knowledge. lunderstand that any false statement may be punishable by fine or imprisonment under Title 18 of the United States Code,  Section 1001.  Certifier's Name: Matthew Johnson, PE, CFM Company Name: WaterVation, PLLC Telephone No.: 719-337-8604 Fax No.: E-mail Address: mathew,ohnson@watervation.com Signature: MAR Form Name and (Number)  License No.: 52356 Mailing Address: 123 G Street, Suite 18 Salida, CO81201  Expiration Date: 10/31/2023  Date: 01/11/2023  Ensure the forms that are appropriate to your revision request are included iny your submittal. Riverine Hydrology and Hydraulics Form (Form 2) New or revised discharges or water-  Required lifa surface elevations  Riverine Structures Form (Form 3) Coastal Analysis Form (Form 4) Coastal Structures Form (Form! 5) Alluvial Fan Flooding Form (Form 6)  Channel is modified, addition/revision of bridge/culverts, addition/revision of levee/loodwall, addition/revision of dam New or revised coastal elevations Addition/revision of coastal structure Flood control measures on alluvial fans  Seal (Optional)  FEMA FORM FF-206-FY-21-100 (formerly 086-0-27)  MT-2 FORM1  Page 3 of3    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 01/24/2023 Submitter: Michelle Hiigel, Land Use  Submitted to the County Administration Office on: 01/18/2023 Return Originals to: Michelle Hiigel, Land Use Number of originals to return to Submitter: 1  Contract Due Date: N/A  Item Tile/Reommended Board Action:  Consider to approve of Subdivision Exemption Application by Carol Flint, in the W'o of Section 17, Township 22, Range 45 West, the 6th P.M. The request is to subdivide approximately 2 acres from the existing property of 318.51 acres. The property is located in an A-1 Irrigated Agriculture zone. This will be a Second Subdivision. The application was approved by the Planning Commission on January 11, 2023. Justification or Background: Applicant would like to subdivide approximately 2 acres of property, which contains two buildings, one ofwhichi is owned by her son Andy Flint. Ifthe subdivision is approved Andy will purchase the two acres, with the buildings from applicant. Andy Flint owns the home just south of thej proposed acreage that is to be subdivided.  Approved by the County Attorney on: Additional Approvals (if required):  PLEASE ATTACH THIS SHEETTO ALL AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    Subdivision Exemption No.  SUBDIVISION APPLICATION AND SUMMARY FORM  PLEASEI READN NOTE. AND: SIGNE BELOW:  THE SUBMITTED APPLICATION PACKAGE REQUIRES SPECIFIC REPORTIS/NPORMATION WHICHI MAY NOT BE ADEQUATE AS DETERMINED THROUGHTHE! REVIEW PROCESS. ADDITIONAL INFORMATIONI MAY BE REQUIRED., ALSO,THE ACCEPTANCE OF THE. APPLICATION: PACKAGE DOES NOT! MEAN THE: SPECIFIC INFORMATIONI HAS BEEN APPROVED. ANDI INI FINALI FORM. REVISIONS TO1 THE INFORMATION. AND/OR REPORTSI MAY BEI REQUIRED. REQUESTSI FOR WAIVERS OF ANY OFTHESEI REOUREMENISMISIB: ACCOMPANTED! BY Al LETTER OF JUSTIFICATION. THE PROWERS COUNTY PLANNING COMMISSIONERS WILLI HEAR THE WAIVER REQUEST CONCURRENTLY WITH THE APPLICATION. DENIALO OF THE WAIVER REQUEST SHALLI RENDER THIS APPLICATIONI INCOMPLETE ANDI RESULTIN' THE REQUIREMENT FOR AT NEW SUBMITTAL ACCEPTANCE! DATE, ANDI REVIEW PERIOD. YOUR SIGNATURE BELOW: INDICATES  ACCEPTANCE OF THESE CONDITIONS. Date: 12/10/2022  97.  Clarol  Aht  Applicant's/ /R Representativels Signature  Ifother than owner's signature, al letter of consent authorizing the picantrepresentative to act int the owner's behalf  must bei included. Property Owner:  Ilt  Pardlm.  Address: 34500 L113 demaGRest  Telephone Number: 712-236-2167 Email:  preh.  Applicant's Representative:  Address: Telephone Numbers: Surveyor or Engineer:  Email:  Telephone:  Location of Subdivision:  Subdivision (1:,2md,etc.). - Ind  Quarter S1) Section 17 Lot  Township 22 Range_ 45 w or  Block  Subdivision  >>>>>XXXXAttach Copy of Deedk<<<<<<<<<  Tax parcel number of property (County Assessor's Records), +SAC0-2167 Current land classification as per Assessor's Records Guginy Ifirrigated, will water shares be allocated to the subdivided parcel? Is there a Deed of Conservation Easement attached to this property?  Yes - No Yes_ V No  IfYES, attach copy    Proposed Use ofLand Zpreraitestal  Proposed Water Source  NH  Proposed Means of Sewage Disposal_A Proposed Road Access Cuulent Proposed Lot Size_ Aa  The Prowers County Planning Commission recommends approval of this request  for subdivision exemption.  Prowers County Planning Commission, Chair hipulb  Dated this IL day of Jauey ,2023  The Prowers County Board of County Commissioners grants approval of this request  for subdivision exemption.  Prowers County Board of County Commissioners, Chair  Dated this  day of  20    Letter of Consent  Wé the undersigned. as owners of an interest in the property, agree to the subdivision of property  int the Subdivision Application submitted to Prowers County Land Use.  Wakn & Vnt William E Flint  CArk ht Claytpn B. Flint  BhBu    Recordedat. Reception? No.  'clock. WARRANTYDEED  Recorder  THIS DEED,made this aK duyof Opnel beiween Lawrence E. Flint and Carol M. Flint a/k/a Carol Marie Flint ofthe. Colorado Lawrence E. Flint and Carol M. Flint as Tenants in Common and not as Joint Tenants whose! legals addressis 34500 County Road 13 ofthe WITNESS, thatt theg grantor(s), forw undinc consideration ofthes sumo of togetherw withi improvements, ireny.s situnte, lyinga andb beingint the Siated ofColorado, describeda asfollows:  .1998 andStateof  *Countyof Prowers grantor(s)a and Lamar, CO 81052 Countyof  Prowers  andStaleof Colorado  grantec(s):  then receipr ands sulficiency ofwhichi isherebys acknowledged, have graned, bargained. soido ando conveyed. andb byt these DOLLARS, presents do grant,b bargain, sell. convey andc confir, unio lheg grantee(s), their heirsa arido assigns forever. allt ther realp property. See Exhibit "A" attached hereto and made a part hereof by reference.  Countyof Prowers  480100 04/27/1898 03:00P WD #A#18DCC8 Prouera County, Co.  alsok knownb bys strecta andn number as: assessor'ss schedulec orp parceln number:  TOGETHER with all onds singular the hereditaments anda appurtenances thercin bconging. ar ins anywise appertaining ther reversion and reversions, remainder and remainders, rents. issues and prohis thereof, and all thee estate, right. lile. interest, claim and demand whatsoevere oftheg grantor(s), eiheri inlawo ore equity. ofinu undi tothea aboveb bargainedp premises. withi thehereditmmentsa ande oppurienances: TOH HAVE ANDT TOH HOLDI thes saidp premises abovet bargaineda andd described, witht thea appurtenances. untot thes granteels), their hein anda assigns forever. Thep granlorts). for thems selves their hcirsa andp personal representatives, do covenant. grant, bargain anda agrcet to: andy with thes grantoels), their hein anda assigns, that al tho time oft the enscaling and delivery afthesey presents, they are wells seized ofthen premises aboec conveyed. have good, sure. perfect. absolute and indefeasible estate ofinheritance. inlaw. inf fees simple. undha ve goodt right. fullp powera anda authority tograni. hargain.s sell and convey thes sameinn manners and forma asa aforesaid. andt thatt thes same are free ande clear froma allf formera ando Othergrans. bargains.* sales, liens laxes: E Thes grantorfs) shalln andw willv WARRANTA ANDI FOREVER DEFENDI (hes abovet bargained premisesi in the quiela and peacenble pnsses- siono oftheg grantee(s). their heirsa anda assigns, againsta allandeveryp persond or persons! lawfullye claimingil thew wholeora unyp part INWITNESS WHEREOR thep granlorfs)ha ve executed thisd deedo on thegtes set forth above.  encumbrances: undr restrictions of whaleverk kindo orr nelures socver, cxccpl  therenf.  dauen S Lawrence E, Flint Plint 5S.  .Aht  Ahp Carol M. Flint a/k/a Carol Marie dnyof April Winessnyh handa ando oficialseal. Mycompissione expires A8/9X/2001 ousoag  STATE oFc COLORADO Countyof PROWERS  Thef foregoingi instrumenty wis acknowledged! heforen met this 22nd  19_98  by Lawrence E. Flint and Carol M. Flint a/k/a Carol Marie Flint.  "fint Denver,i insert" Cayand" No.932.R Rex.A 4-94. WARRANTY DEED  CretingNewlys matedl tepl Dseri  Bndford Publihing. 17A3 Marces St. DeEs, C080202 -(3012 1095 STANLEYA.E BRINKLEY  PO. Box 1106 Lamar, Cos 81052    480100 04/27/1988 03:00P WD EXHIBIT "A"  2of2R 11.00 D 0,00 N 0.00 Prowers County, Co.  ATTACHED TO GENERAL WARRANTY DEED EXECUTED BY LAWRENCE E. FLINT and CAROL M. FLINT a/k/a CAROL MARIE FLINT as Grantors, to LAWRENCE E. FLINT and, CAROL M. FLINT, Grantees, dated the ak day of w 1998  PROWERS COUNTY, COLORADO, REAL PROPERTY: Township 22 South, Range 45 West of the 6th P.M.:  Section 17: Section 18:  Southwest Quarter (SW4) and Northwest Quarter All of the property lying below the right of way, of the canal of the Amity Mutual Irrigation Company, to-wit: Northwest Quarter (SKNW*); Northwest Quarter Northwest Quarter (NWANWM); and Southwest Quarter Northeast Quarter (SWMNEK)  (NW%)  South Half  Township 22 South, Range 46 West of the 6thP.M.:  Section 13:  Southeast Quarter (SEM)  Together with all water rights appurtenant thereto including but not limited to all Amity Mutual Irrigation Company Capital Stock The purpose of this Deed is to convert joint tenancy property to  and the water rights represented thereby.  that of tenants in common.  waala.sa.md  de CmF    Flint Subdivision Write a description for your map.  Google Earth    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 01/24/2023 Submitter: Mark Westhoff and Darren Glover  Submitted to the County Administration Office on: 01/18/2023  Return Originals to: Jana Coen & Darren Glover (for Lamar Senior Citizen, Inc) Number of originals to return to Submitter: 11 to Darren Glover  Contract Due Date: N/A  Item Tile/Recommended Board Action: Consider approval ofl Memorandum ofUnderstanding Regarding Reference Commodity Distribution between Board of County Commissioners of Prowers County and Lamar Senior Citizen, Inc, to facilitate Prowers County staff and volunteers to distribute commodities for Lamar Senior Citizen, Inc. from the Community Resource Center,  effective January 1, 2023 and ending December 31,2023.  Justification or Background:  Fiscal Impact: This item is budgeted in the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on: 1/10/2023 Additional Approvals (if required):  PLEASE ATTACH THIS SHEET TO ALL. AGENDA ITEMS WHEN SUBMITTING TO  COUNTY ADMINISTRATION.  THANK YOU!    MEMORANDUM OF UNDERSTANDING REGARDING REFERENCE COMMODITY DISTRIBUTION  This Mememmdlmoflmdmaming (this "MOU"),ise entered into this dayo ofJanuary, 2023 between the LAMAR SENIOR CITIZEN, INC. (the "Board"), whose address is 407 East Olive Street, Lamar, Colorado 81052 and THE. BOARD OF COUNTY COMMISSIONERS OF PROWERS COUNTY, COLORADO, whose address is 301 S. Main Street, Suite 215, Lamar,  Colorado 81052 ("Prowers County"), collectively, "the Parties."  Recitals  WHEREAS, the Board utilizes the Community Resource Center (the "Center") to provide WHEREAS, Prowers County and the Board wishes to enter into this MOU to distribute WHEREAS, Prowers County and the Board enters into this MOU, upon the terms and NOW, THEREFORE, in consideration of the mutual promises and covenants contained  services to the residents ofProwers County; and commodities for the Board out oft the Center; and  conditions hereinafter set forth.  herein and other good and valuable consideration, the parties hereto agree as follows:  1. SERVICES:  (a) Prowers County staff and volunteers shall unload the Commodity and Senior Box Truck (the "Services") on the second Monday of each month at approximately 6:30 am until completed. Distribution shail be conducted at approximately 8:00 am until completed on (b) No commodities shall be stored in the Community Resource Center and Senior Center past (c) Any and all senior boxes remaining will be stored in the Senior's storage room off oft the Sage Kitchen adjacent to thel East door ofthe Senior Center until the next Distribution Day. 2. COST: There shall be no cost to either Prowers County or the Board for the Services. 3: TERM: This MOU becomes effective January 1,2023 for the period of12 months, ending 4. RENEWAL: The parties shall notify each other at least thirty (30) days prior to expiration 5. TERMINATION: Any party may, at its sole discretion, terminate or cancel the MOU upon  the second Tuesday of each month (the Distribution Day").  the Distribution Day.  December 31, 2023. ofthe MOU to renew this MOU.  thirty (30) days' written notice to the other party.  GENERAL PROVISIONS:  1. The Parties may request changes to this MOU, which shall be effective only upon the written agreement of the Parties. Any changes, modifications, revisions, or amendments to this MOU shall be incorporated by written instrument, executed and signed by the Parties, and will be effective in accordance with the terms and conditions contained herein.    2. All signatories have the appropriate delegation ofa authority to sign this MOU. 3. This MOU is subject to all applicable federal, state and local laws, regulations and rules, whether now in force or hereafter enacted or promulgated. Ifany term or provision oft this MOU is held to be invalid or illegal, such term or provision shall not affect the validity or enforceability ofthe remaining terms and provisions. Meeting the terms oft this MOU shall not excuse any failure to comply with all applicable laws and regulations, whether or not 4. This MOU is not intended to create any agency or employment relationships between the 5. Itis expressly understood and agreed that enforcement oft the terms and conditions oft this MOU, and all rights ofaction relating to such enforcement, shall be strictly reserved to the Parties, and nothing contained in this MOU shall give or allow any such claim or right of action by any other or third person or entity on such MOU. Iti is the express intention ofthe parties hereto that any person or entity, other than the Parties, receiving services or benefits 6. Each Party agrees to be responsible for its own liability incurred as a result of its participation in this MOU. In the event any claim is litigated, each Party will be responsible for its own expenses of litigation or other costs associated with enforcing this MOU. No provision of this MOU shall be deemed or construed to be a relinquishment or waiver of any kind of the applicable limitation of liability provided to each Party by the Colorado governmental Immunity Act, C.R.S. 24-101-101 et seq. and Article XI of the Colorado  these laws and regulations are specifically listed herein.  Parties.  under this MOU shall be deemed to be incidental beneficiaries only.  Constitution.  IN WITNESS WHEREOF, this MOU is executed by the Parties the day and year set forth  above.  LAMAR SENIOR CITIZEN, INC. anot-for-profit Corporation  BOARDOF COUNTY COMMISSIONERS, PROWERS COUNTY, COLORADO  By: QM-smk Y/lel9 By: Albert McCorkle, as President oft the Board Ron Cook, Chair  Wendy Buxton-Andrade, Vice-Chair Thomas Grasmick, Commissioner  ATTEST: By:  Jana Coen, County Clerk    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 01/24/2023 Submitter: Mark Westhoff and Tamara Nickelson  Submitted to the County Administration Office on: 01/18/2023 Return Originals to: Jana Coen & Tamara Nickelson Number of originals to return to Submitter: 1  Contract Due Date: N/A  Item Tile/Reommended Board Action: Consider approval ofa a Resolution to Transfer 2023 Revenue between Sales Tax Fund to County General Fund in the amount of$1,500,000.00  Justification or Background: Funds listed in the 2023 Budget Fiscal Impact: This item is budgeted in the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on: 1/4/2023 Additional Approvals (if required):  PLEASE ATTACHTHIS SHEET TO ALL. AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    RESOLUTION TO TRANSFER REVENUE BETWEEN FUNDS  Resolution No. 2023 =  AI resolution transferring sums of money to the various funds and spending  agencies for Prowers County, Colorado, for the 2023 budget year.  WHEREAS, the Board of County Commissioners has adopted the annual budget ina accordance with the Local Government Budget Law, on December 15, 2022, and;  WHEREAS, the Board of County Commissioners has made provision for revenues WHEREAS, it is sometimes necessary to transfer revenues from one fund to  in the various funds, and;  another, and;  NOW, THEREFORE, LET ITI BE RESOLVED by the Board of County Commissioners That the following sums are hereby transferred from the revenue of each fund,  of Prowers County, Colorado:  toe each fund:  Debit $1,500,000.00  Credit  Sales Tax Fund ACCT #0900 County General Fund ACCT #0010  $1,500,000.00  ADOPTED this 24th day of January 2023  BOCC Chairman  ATTEST:  BOCCVice-Chairman  Jana Coen, County Clerk  Commissioner    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: 1-18-2023 Submitter: Administration Office  Submitted to the County Administration Office on: 1-18-2023  Return Originals to: Jana Coen  Number of originals to return to Submitter: 1  Contract Due Date:  Item Tite/Reommended Board Action: Consider ratifying 1-18-2023 Email Poll approval for Payment of Bills Presented in the Amount of $792,098.85 and approval of DHS Bills Presented in  the amount of$1,661,330.70 and $281.56: for H3C Department. Justification or Background: Briefoverview for the Commissioners) Fiscal Impact: This item is budgeted in the following account code:  County: $  Federal: $  State: $  Other: $  Approved by the County Attorney on: Additional Approvals (ifrequired):  PLEASE ATTACH THIS SHEET TO. ALL AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    PROWERS COUNTY  AGENDA ITEM REQUEST FORM  Hearing Date Requested: January 24, 2023 Submitter: Meagan Hillman, PCPHE Director  Submitted to the County Administration Office on: 01/05/2023 Return Originals to: Meagan Hillman PCPHE Director Number of originals to return to Submitter: 2 Contract Due Date: Effective 1/1/2023  Item Tite/Recommended Board Action: Environmental Health Services Agreement for Bent County, Amount $4901.00 for 2023 services. Commissioners requested to sign. Justification or Background: Annual agreement for PCPHE toj provide EH services for Bent  County County: $  Fiscal Impact: This item is budgeted in the following account code:  Federal: $  State: $  Other: $  Approved by the County Attorney on: Additional Approvals (if required):  PLEASE ATTACH THIS SHEET TO ALL. AGENDA ITEMS WHEN SUBMITTINGTO  COUNTY ADMINISTRATION.  THANK YOU!    Prowers County Public Health & Environment  1001 S. Main Street Lamar, CO 81052 Phone: (719)336-8721 Fax: (719)336-9763  PublicHealth lreyen! Promule Praices  WWMPOWEIOUNyDEL  THIS AGREEMENT, made and entered into this  day of  2022 and by (PCPHE)  between  Prowers County, Colorado, c/o Prowers County Public Health and Environment, and Bent  County, Colorado, c/o Bent County Public Health (BCPH), by and through its Board of Health (BOH), is for the provision of services by Prowers County Public Health and Environment  1001 SI Main St, Lamar, CO 81052.  WITNESSETH  WHEREAS, the Colorado Department of Public Health and Environment and the State Board of Health require local public health agencies to provide certain public health services to their citizens; said  services may include but are not limited to:  *Food safety and sanitation programs *Water quality programs *Zoonosis programs  *Housing and institutional sanitation, safety monitoring, and protection  *Environmental compliance and community safety *Recreation sanitation and: safety programs *Air quality monitoring and protection; and  WHEREAS, BCPH is interested in contracting with a qualified provider to deliver these public health  services to the residents of Bent County; and  WHEREAS, PCPHE desires to provide those services to the residents of Bent County,  NOW, THEREFORE, in consideration oft the premises and mutual covenants contained herein, the  parties hereto covenant and agree as follows:  1.  TERM  This Agreement shall be in effect for the period. January 1, 2023 through December 31, 2023.  2.  RESPONSIBILITIES  PCPHE shall perform the required activities as outlined in the Environmental Health Services Scope of BCPH shall work collaboratively with PCPHE to ensure completion of all of the required deliverables  Work, included as Exhibiti. within each scope of work.    3.  COMPENSATION AND PAYMENT- ENVRONMENTAL HEALTH SERVICES  a. PCPHE shall bill BCPH a flat fee of $4,901 for CY 2023 for approximately 58.5 hours of service for any environmental health services rendered to Bent County or its citizens. The for the initial term of this agreement shall be $80.00 per hour, regardless of which hourly PCPHE employeeperformed thes services, ata ana annual rate not to exceed 4901.Noadltionalndiret. rate shall be charged by PCPHE for environmental health services. All revenues received from state or federal sources for provision of these services, and any fees collected in performance of them, unless passed through to any other agency as required by state or federal CDPHE rules and regulations, shall be retained by PCPHE. Such fees shall be established law, by the Bent County Board of Health, in accordance with state or federal law, or CDPHE rules and b. PCPHE staff will document hours and activities spent on environmental health services for Bent County; these hours and activities will be documented and submitted to the BCPH semi- PCPHE shall submit an invoice to BCPH by February 15, 2023 ini the amount of $4,901. d. BCPH shall submit payment to PCPHE within thirty (30) days after receipt of the invoice. INDEPENDENT CONTRACTOR STATUSPAYMENTOFTANMES, AND INSURANCE COVERAGE a. Inp performing services under this Agreement PCPHE is acting as an independent contractor and b. As an independent contractor, PCPHE is solely liable and responsible for maintaining workers' compensation insurance which complies with statutory requirements in the State of Colorado, unemployment insurance benefits, and the withholding and payment of any and all federal, state and local taxes applicable to the receipt of funds or other consideration by BCPH under  rate  or  regulations.  annually and an annual summary will also be provided.  4.  not as an agent or employee of BCPH.  the terms of this Agreement.  5.  INSURANCE  In performing services under this Agreement, PCPHE shall maintain professional liability insurance workers' compensation insurance coverage provided by an insurance carrier licensed to do business and in the State of Colorado. PCPHE shall maintain liability coverage on all PCPHE motor vehicles used in the performance of this Agreement, in amounts required by Colorado law. Appropriate certificates  evidencing all such coverage'sshall be provided to BCPH upon request.  2    6.  NON-ASSIGNMENT  Neither this Agreement nor any interest therein, nor any claim thereunder, shall be assigned by PCPHE  to any third person without the prior written consent of BCPH.  7.  OFFICIALS NOT TO BENEFIT  No elected or employed member of either party to this Agreement shall directly or indirectly receive orb bepaid any share or part oft this Agreement or any! benefit that may arise therefore. PCPHE warrants that it has not retained any company or person (other than a bona fide employee working PCPHE) to solicit or secure this Agreement, and that PCPHE has not paid or agreed to solely to company or person, (other than a bona fide employee working for PCPHE), any fee, commission, pay any percentage, brokerage fee, gift orany other consideration contingent upon or resulting from thea award ofthis Agreement to PCPHE. Upon learning of any breach or violation oft this provision, BCPH  for  have shall  the right to terminate this Agreement.  8.  EQUAL EMPLOYMENT OPPORTUNITY  PCPHE shall not refuse to hire, discharge, promote, demote or discriminate in matters of compensation against any person otherwise qualified, solely because of race, creed,  national origin or ancestry, disability or age.  sex, color,  9.  ILLEGAL ALIENS  a. PCPHE certifies that PCPHE shall comply with the provisions of CRS 8-17.5-101 et shall not knowingly employ or contract with an illegal alien to perform work under seq. this contract or enter into a contract with a subcontractor that fails to certify to PCPHE that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. PCPHE represents, warrants, and agrees that it () has verified that it does not employ anyi illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department Homeland Security, and (ii) otherwise will comply with the requirements of CRS 8-17.5- of 102/2)(b). PCPHE. shall comply with all reasonable requests made in the course ofan investigation under CRS 8-17.5-102 by the Colorado Department ofl Labor and Employment. IfPCPHE fails to comply with any requirement oft this provision or CRS 8-17.5-101 et BCPH may terminate this contract for breach and PCPHE shall be liable for actual and seq.,  PCPHE  consequential damages to BCPH.  10. STATUTES, REGULATIONS AND ORDINANCES  PCPHE shall observe and comply with federal, state and local laws, regulations, rules or ordinances affect those employed or engaged byi it, the materials or equipment used or the performance of that project and shall procure any and all necessary approvals, licenses and permits all at its own  the expense.  3    11. NON-APPROPRIATION  Payment of BCPH's obligations hereunder in the fiscal years subsequent to the Agreement period is contingent upon funds for this Agreement being appropriated and budgeted. If funds for this Agreement are not appropriated and budgeted in any year subsequent to the fiscal  execution 12. SEVERABILITY  oft this Agreement, this Agreement shall terminate. BCPH's fiscal yeari is the calendar year of the  year.  Ifany provision oft this Agreement or the application thereoft to any person or in any circumstance shall be unenforceable to any extent, the remainder ofthis Agreement: and the application of such to other persons or in other circumstances shall not be effected thereby and shall be enforced provision to the  greatest extent permitted by law. 13. TERMINATION  PCPHE or BCPH may terminate this Agreement by giving 30 days notice, in writing, to the other party.  15. NOTICES  Notices to be provided under this Agreement shall be given in writing either by hand delivery or  certified return receipt requested United States mail, to the following:  by  PCPHE-E Environmental Health Representative: Meagan LH Hillman, PA-C, MBA, Director Kedge Stokke, Environmental Health Specialist  BCPH Representative:  Prowers County Public Health and Environment Bent County Public Health  701 Park Avenue Las Animas, CO 81054  1001 S Main Lamar, CO 81052 16. ENTIRE AGREEMENT  This Agreement and Exhibits constitute the entire Agreement among the partners and all other and prior Agreements among the parties relating to such subject matter are hereby cancelled and superseded int their entireties. No variations, modifications or changes herein or hereof shall bel binding  upon any party hereto unless set forth in a document duly executed by such party.    IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of,  2022, to be effective as ofJ January1,2 2023.  PROWERS COUNTY  BENT COUNTY  Chairman Board of County Commissioners  Chairman Bent County Board of Health CEibR  1A-20-22  Date  Date  EXHIBIT1  ENVIRONMENTAL HEALTH SERVICES SCOPE OF WORK  GENERAL DESCRIPTION  PCPHE shall provide the Environmental Health Service Programs listed in Table 11 to Bent County Upon request from Bent County, PCPHE shall provide any or all of the additional Environmental All Environmental Health services provided by PCPHE shall be conducted in accordance with the  during the period beginning. January 1, 2023 and ending December 31, 2023.  Health Services listed in Table 2.  applicable and appropriate federal, state, and local rules and regulations. 1. PCPHE shall provide the service programs listed in Table 1.  SPECIFICATIONS  2. PCPHE staff shall determine compliance with all applicable rules and regulations as required 3. PCPHE shall use legally defensible state approved (or equivalent) inspection, investigation,  by law while conducting Environmental Health services for Bent County.  and reporting forms as needed.  4. PCPHE shall provide semi-annual progress reports.  RECORDS AND RECORD MANAGEMENT  Bent County will collaborate with PCPHE to provide appropriate historical records and define record keeping needs. Forms identified in state regulations shall be used and/or others agreed upon by both Bent County and PCPHE. PCPHE will collaborate with Bent County to complete reports required by the Colorado Department of Public Health and Environment. PCPHE shall maintain all records and documents pertaining to the services provided underi this Agreement for a period of3 3-years or as required by state or Federal law and/or provide the records to Bent County for archiving. Upon the request of Bent County, PCPHE shall provide Bent County with  5    coples of any and all records and documents pertaining to the services provided under contract in an electronic and/or hard copy format approved by Bent County. Prior to the this of any records PCPHE has in its possession, PCPHE shall provide Bent County with at written notice during which time Bent County may take physical possession of same thirty att (30) day  disposal the storage  site. ENFORCEMENT  PCPHE shall provide Bent County with a list of specific violations observed while Environmental Health program services. Enforcement actions to correct those violations conducting  at the discretion of Bent County.  shall be  WORK PRODUCTS  Any and all maps, reports, spreadsheets, databases, geographical information newsletters and other hard copy or electronic documents generated fulfillment of its obligations under this contract shall be the  system (GIS) files, by of the service provider in property Bent County, who shall  have sole and complete discretion including in reports and folders.  regarding their use and distribution. All work  delivered to Bent in a mutually agreed upon hardcopy and/or electronic format suitable products for shall be  TABLE 1: PRIMARY EHS PROGRAMS PCPHE WILL PROVIDE  Environmental Health Service Program/Work Activity Administration Service Work Program Development and Implementation Work Activity On-sight Wastewater Treatment System (OWTS) Permit and Construction Compliance Inspection Program OWTS Malfunction Investigation Program Retail Food Establishment Inspection Program Child Care Facility Inspection Program Publicand Semi-public Pool and Spa Inspection Program Public Accommodations School Safety Inspection  Product Output  Estimated Quantity of Products 2 1  Activity  Administration Service Report EHS Program  Permits/Inspection Reports  Fee structure is set per County  Complaints Inspection Reports Inspection Reports Inspection Reports Inspection Reports Inspection  1 24 4 2 1 4    Program Body Art Studio Inspection Program Environmental Health Service Request Response Program Adult & Child Protection Zoonotic Disease HCSFO/CAFO Nuisance Complaints  Reports Inspection Reports  0 0 1 1 0 1  Service Request Response Report Investigation Reports Investigation Reports nvestgation/nspection Reports Investigation Reports  Note: The number of "reports" willl be based ont the actual number of occurrences or facilities in operation in 2019 TABLE2: LIST OF PRINCIPAL PCPHE ENVIRONMENTAL HEALTH SERVICE PROGRAMS  AIR QUALITY  Verification of complaints and assist the State as requested All hazards planning (Mitigation, Response, Recovery, etc.) Incident command structure (ICS) support ENVIRONMENTAL COMPLIANCE AND COMMUNITY SAFETY Illegal Dumping Investigation  ALL HAZARDS PLANNING  Advise BCPH and Bent County BOH regarding nuisance complaints Clandestine Methamphetamine Laboratory Closure Assistance Assist BCPH in disease investigation upon request  ENVIRONMENTAL HEALTH CONSULTING  General Environmental Health Consulting and publici cinformation Adult and Child Protection environmental consulting Retail Food Establishment Plan Review Program Retail Food Establishment Licensing Program Retail Food Establishment Inspection Program Excellence in Food Safety Training Program Food Borne IlIness Investigation Program Child Care Facility Inspection Program School Safety Inspection Program  FOOD SAFETY AND SANITATION  INSTITUTIONAL SANITATION. AND! SAFETY  RADON  Indoor Air Radon Sampling and Mitigation Consulting Program PUBLIC ACCOMMODATIONS, BODy ART, SWIMMING PooLs AND RECREATIONAL SPAS  Complaint investigations and compliance  7-    WATER QUALITY  On-site Wastewater Treatments System (OWTS) regulation development  OWTS Malfunction Investigation Program  ZOONOSES Notes  Zoonotic Disease (Plague, Tularemia, Rabies) surveillance and investigation  1. All regulatory programs are conducted according to applicable and appropriate federal,  and local rules and regulations.  state,  2. Alls services provided meet applicable best practices standards.  3. Each program is designed to provide the essential public health services as needed.